Australia Business Directory & Marketplace - Terms of Service
This Agreement explains our obligations to you, and explains your obligations to us for various Australia Business Directory & Marketplace services. By using our service(s) you agree to establish an account with us for such services. You understand that Australia Business Directory & Marketplace is a partner of TradeHolding.com, a global B2B network and your company information and any other information you provide on Australia Business Directory & Marketplace site may appear on other TradeHolding.com partner sites and any payment you make for memberships or any other provided services are made to TradeHolding.com B2B Network.
This Agreement will become effective after you / we have setup your Australia Business Directory & Marketplace account.
As used in this terms and conditions, the following terms have the following meanings respectively. Words given in the singular also may be construed in their plural sense or vice versa if the context so requires.
Australia Business Directory & Marketplace and/or TradeHolding.com means the site owned by Australia Business Directory & Marketplace and operated by TradeHolding Ltd.
"We" or "Us" or "Our" or "Site" means Australia Business Directory & Marketplace and/or TradeHolding.com as described in above line.
"You" and/or "users" means any individual or business entity who is using this site.
Our services are provided to individuals or companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the service. We are obligated to advise you that any user, during accessing our site(s), must behave under related law. But we are not responsible for the possible consequence caused by your behavior during using process of Australia Business Directory & Marketplace and / or TradeHolding.com. Australia Business Directory & Marketplace and TradeHolding.com may, in its sole discretion, refuse the service to anyone at any time.
If you register in Australia Business Directory & Marketplace, you agree to:
(a) provide true, accurate, current and complete information about yourself and the company you represent
(b) provide your e-mail address, postal address, phone, fax, website address (url) ONLY on site sections and fields where we specifically ask for these details
(c) maintain and promptly update the Registration Content to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Australia Business Directory & Marketplace has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete and Australia Business Directory & Marketplace reserves the right to suspend or terminate your member service.
E-MAIL ADRESS, PASSWORD AND SECURITY
During the registration process, you will name an E-Mail Address and choose a Password. You are solely responsible for maintaining the confidentiality of your E-Mail Address and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify us of any unauthorized use of your E-Mail Adress or Password or any other breach of security, and (b) ensure that you properly exit the website at the end of each session. We can not and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
Any material, trade offers, companies and so on presented in this site is without warranties. Any information on this site may be inaccurate, incomplete or out of date. We make no commitment to correct or update the materials, and do not check and/or control the content of any information and services or any products or services that may appear on this site. Under no circumstances, we will not be liable for any errors or omissions in any information presented in our site(s) or for any loss or damages of any kind incurred as a result of the use of any information contained on our site(s) also.
Although we strive to take all precautions to locate and immediately dissallow appearantly fraudulent members on our B2B environment, any material, trade offers, companies and so on presented in this site is without warranties, including any material posted by Free Members or by Top Members. A Top Membership is by no way a warranty of trust, the Top Member label simply indicates a paying member. We neither endorse any of the registered members by any means. We provide a trading platform where you can meet tens of thousands of serious companies but can not guarantee on any actions of our members (including communications with any member through our platform or outside our platforms, offers, requests, claims, etc.).
Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright, trademark trade secret or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party (including but not limited to rights of personality and rights of privacy), for any material or information it posts on the Site or provides to Australia Business Directory & Marketplace or authorizes Australia Business Directory & Marketplace to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as "Third Party Rights." Each User hereby represents, warrants and agrees that it shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Australia Business Directory & Marketplace or authorizes Australia Business Directory & Marketplace to display does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. Each User hereby represents, warrants and agrees that it has the right to manufacture, offer, sell, import and distribute the products it offers and displays on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
Each User, hereby, agrees and acknowledges that there may be risks of dealing with people acting under false pretences. Australia Business Directory & Marketplace can not and does not confirm each User's registered personal or company information, including, without limitation, Top Members. Australia Business Directory & Marketplace encourages you (user), by using your experience and common sense, to evaluate with whom you are dealing.
Because Australia Business Directory & Marketplace is not involved in any transaction between buyers and sellers, in the event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify Australia Business Directory & Marketplace from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes.
Users must be aware that messages or information sent by other Users through communication systems provided by Australia Business Directory & Marketplace and/or TradeHolding.com or through emails and fax or letters to addresses obtained from the Site is out of control and monitoring ability and so User acknowledges that Australia Business Directory & Marketplace can not be held responsible or liable for the content of these messages and information. The message sender shall be responsible for the content of all the messages communicated, as well as the consequences of any such message.
Each User hereby represents, warrants and agrees that information submitted to Australia Business Directory & Marketplace for display on the Site shall not:
- violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
- contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
- be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
- contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
- otherwise create any liability for Australia Business Directory & Marketplace or its partners / affiliates.
Our site(s) may contain links to other web sites. Since we provide those sites as a convenience to our users and do not control them, we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such third party sites.
MONITORING OF INFORMATION
We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
Australia Business Directory & Marketplace reserves the right to post reports of scam or deception received about those who have violated this Agreement or the law or misused this Website or other similar services for illegal or unethical purpose or monetary gain.
Australia Business Directory & Marketplace reserves the right, but has no obligation to monitor the materials posted in any area of the Service. Australia Business Directory & Marketplace shall have the right to remove any such material that violates, or is alleged to violate, the law or this agreement. Australia Business Directory & Marketplace has no liability or responsibility to Users for performance or nonperformance of such activities. Australia Business Directory & Marketplace reserves the right to expel Users and prevent their further access to the Website for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Registering a member account and using the basic services are free of charge. (The premium services incur charges based upon the level of service. All fees and performed services are non-refundable. We reserve the right to modify the charging clause and we will notify you of the changed clause immediately. Please note that you are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to trade or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of the service at any time without notice.
If you pay by credit card or debit card:
* the charges will be debited from your debit / credit card in real time
* the credit card details will be handled securely to ensure confidentiality
* SSL encryption is employed to ensure sensitive data is protected.
If you have any question about our charges, please contact us any time, we respond in max 2 business days.
We reserve the right to terminate your member service at any time or for any reason, with or without notice. Once your member service is terminated you agree not to post a message on our site(s), or to assist or cause another person to post a messages on your behalf.
Members can select to terminate their membership at any time, by logging into their account and using the Contact Us page selecting Account Removal option, we will review your request and terminate your membership. If you can not login to your account, please use the Contact Us page selecting Account Removal option and make sure you contact us through the email address used to register your account.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO .
Australia Business Directory & Marketplace makes absolutely no warranty that:
(a) the features, products and services provided by the Site will meet User's requirements and expectations
(b) The service will be uninterrupted, timely, secure, or error-free
(c) The results that may be obtained from the use of the services will be accurate or reliable
(d) The quality of any products, services, information, communication or any other material purchased or obtained by User through the features and services of this Site will meet User's expectations.
GOVERNING LAW AND DISPUTE RESOLUTION
The validity, performance, construction and effect of this terms and condition shall be governed exclusively by the laws of Romania without recourse to any principles of conflict of laws. Also, in case of any controversy, dispute, claim, or similar matter arising out of, resulting from, or in connection with this terms and conditions or a breach hereof, the parties shall seek to resolve the matter amicably through discussions between themselves. Should such efforts be unavailing, and the parties fail to resolve such case, controversy, dispute, claim, or similar matter within sixty (60) days, the parties shall resolve such dispute through arbitration in Satu Mare, Romania in accordance with the Commercial Arbitration Rules of Romania. The arbitration shall be conducted in English and / or Romanian and the decision rendered therein shall be final and binding upon the parties.
Also, we will not interfere or become involved in any transactions between members. All transactions will be the responsibility of the members only.
All notices or demands to or upon Australia Business Directory & Marketplace shall be effective if in writing and shall be duly made when sent to Australia Business Directory & Marketplace in the following manner: to the address of TradeHolding.com: Legal Department.
All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Australia Business Directory & Marketplace, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when
- Australia Business Directory & Marketplace is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon posting such notice on an area of the Site that is publicly accessible without charge.