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ECHINACHEM TERMS AND CONDITIONS OF USE
Version updated on April 6, 2001.


The following Terms and Conditions govern the relationship between eChinaChem Limited ("eChinaChem") and all Members and the use of the web site provided by eChinaChem located on the internet at www.eChinaChem.com (the "Site"). eChinaChem reserves the right to amend and/or supplement these Terms and Conditions from time to time as it may deem appropriate. Any such change shall be deemed effective [10] days after posting on the Site, and Members shall be deemed to have consented thereto by continuing use of the Site after such effective date.

 

1.Membership

Member may access all content, materials, functions, features and information provided or accessed through the Site (the "Content"), including the ability to request bids for Products for sale or purchase and to engage in negotiations and close purchase and sale transactions with other Corporate Members on the Site.

 

2. Site Access; Use of Passwords; Authorized Persons

Access to the Site is through a combination of a unique user identity, company identity and user individual password (collectively, "Passwords"). Each Member shall keep its Passwords strictly confidential and shall not allow and/or permit any of them to be used by third parties. Each Member shall promptly notify eChinaChem of any unauthorized use or loss of its Password or any other breach of security. Each Member shall provide eChinaChem with a list of persons ("Authorized Persons") who are authorized to represent it in taking part in the sale and purchase of Products. The Member may update the list of Authorized Persons and so inform eChinaChem from time to time. No transaction will be validated unless the Passwords of the relevant Authorized Person are used.

 

3. Information Posted on the Site

All Members are allowed to post information on the Site provided that they shall bear all responsibility and liability for all information so posted. eChinaChem shall have no obligation to monitor and/or scan through the contents and/or the information as the Members may post on the Site. Notwithstanding the foregoing, eChinaChem reserves the right to remove and/or take such other action as it may deem appropriate with respect to such information in its sole discretion. All information posted on the Site must comply with the Member Conduct Rules posted on the Site, as amended by eChinaChem from time to time.

 

4.Trading on the Site - Limited Role of eChinaChem

ECHINACHEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED AS TO

  • THE IDENTITY OR RELIABILITY OF ANY BUYER OR SELLER OF PRODUCTS
  • THE QUALITY OF THE PRODUCTS OR
  • THE ABILITY OF EITHER THE SELLER OR THE BUYER TO SELL, BUY OR TO COMPLETE THE SALE AND PURCHASE OF PRODUCTS THROUGH THE SITE.
Members are advised to set up their own guidelines and criteria to determine the companies with which they wish to do business, and eChinaChem assumes no responsibility whatsoever in relation to the sale and purchase of Products between the Members on the Site.


It is understood that eChinaChem is not involved in the actual sale and purchase of Products between Members and has no knowledge or control as to the truth or accuracy of postings or the ability of Sellers to sell or Buyers to buy Products on the Site unless eChinaChem specifically states that it is involved or has such knowledge and control.


Each Member agrees that eChinaChem, its agents and employees shall be released from all Damages (as defined below) arising out of or in any way connected with any dispute between Members as to the purchase or sale of Products.


eChinaChem shall have the right, and is hereby expressly authorized, to release to any Member any records, information or evidence relating to any transaction involving such Member made on the Site, without any liability on eChinaChem's part to any party to such transaction or any other person. Addendum to the User Agreement for eChinaChem Proprietary Trading IMPORTANT NOTICE AND DISCLOSURE OF TRADING PROCEDURE. eChinaChem employees and staff have the capacity to trade as a broker using normal telephonic and facsimile communication methods, as well as to act on behalf of either Buyer or Seller in an online Internet trading environment. eChinaChem employees and staff shall be duly authorized to act as agents for Buyer and/or Seller in this online environment. In this Internet trading environment, eChinaChem employees and staff shall have full access to all transaction data, bids, customer profiles, and other information, and shall hold this information as proprietary and secure as provided in the eChinaChem Privacy Policy. eChinaChem staff and employees shall also have access to above information as posted freely and individually by all registered members of eChinaChem.com, without the initial involvement of eChinaChem. Such information shall also be maintained proprietary and secure as stated above, and may be used in the subsequent constructive sourcing and connection of trading partners via traditional communication methods or by use of an Internet trading environment.

 

5. Transaction Rules

Any Member offering Products for sale or responding to an inquiry for purchase of Products (a "Seller") and any Member responding to an offer to sell Products or posting an inquiry for purchase of Products (a "Buyer") and every transaction between Buyers and Sellers on the Site are subject to the ECHINACHEM TERMS AND CONDITIONS OF USE which may be changed by eChinaChem from time to time.

 

6. Value Added Services

eChinaChem may from time to time nominate and make available to Members certain banks, insurance companies, surveyors, shippers and other service providers (collectively, "Value Added Providers") to provide value added services to Members in connection with buying and selling Products and related transactions on the Site ("Value Added Services"). Each Member acknowledges and confirms that: (i) eChinaChem is not the provider of Value Added Services; (ii) the Value Added Providers are independent contractors which have their own rules, policies and practices in providing the Value Added Services; and (iii) no warranty is or will be given by eChinaChem as to, and eChinaChem shall have no liability in respect of: a) the quality of Value Added Services; b) the ability of Value Added Providers to provide the Value Added Services; c) the creditworthiness of Value Added Providers; d) the accuracy, truth, reliability or reasonableness of any information that Value Added Providers may post on the Site or otherwise provide concerning the Value Added Services; e) the terms and conditions of the Value Added Services; or f) whether the Value Added Providers are able to or will complete the Value Added Services for Members as agreed between them. eChinaChem may itself from time to time offer to provide Members ("Value Added Services"). In this case eChinaChem and Member will sign a separate contract defining the rights, obligations, and liabilities of each party.

 

7. Intellectual Property

Each Member acknowledges and agrees that all data developed or collected by eChinaChem in connection with the operation of the Site and the transactions conducted thereon shall be the exclusive property of eChinaChem. All third party content published or posted by eChinaChem on the Site is the property of the respective copyright owners and no Member is permitted to copy and/or distribute such contents for commercial purposes. Any Member copying or distributing third party content shall be liable for all legal consequences and eChinaChem shall have no responsibility therefore. To enable eChinaChem to use such information as the Members may provide and data developed or collected by eChinaChem in connection with the operation of the Site and the transactions conducted thereon, each Member grants to eChinaChem a non-exclusive,worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers) royalty-free right to exercise the Member's copyright and publicity right in any information so provided as the Member shall have in any media now known or later developed.

 

8. Use of Data

Each Member confirms that it has reviewed and accepted the terms contained in eChinaChem Members Privacy Policy. For the purposes of any applicable privacy law, each Member hereby consents to eChinaChem's use of any data supplied by it for eChinaChem's own internal use, administration, audit, security, debt recovery and direct marketing purposes, to eChinaChem's supplying such data to other group members of eChinaChem, the Value Added Providers or selected third parties to use for such purposes, and to eChinaChem's supplying such data to such third parties as may be necessary for its business. Each Member consents to any such data being transferred to another jurisdiction that may not have laws and legislation protecting such data. For the avoidance of doubt and without limitation to the foregoing, data held by eChinaChem relating to each Member will be kept confidential but eChinaChem may provide such data (including the details and particulars of Members, contract terms, Product specifications, pricing information and related items pertaining to the sale and purchase of Products on the Site) to (i) any agent or Value Added Provider who provides services to eChinaChem in connection with the operation of its business; (ii) any person under a duty of confidentiality to eChinaChem who has undertaken to keep such data confidential; and (iii) any actual or proposed assignee or transferee of eChinaChem's rights in respect of such Member. Each Member hereby expressly authorizes, directs and instructs eChinaChem to release, disclose and make available such data as and in the manner described above.

 

9. Termination of Membership

Either eChinaChem or a Member may terminate the Member's Membership at any time, effective immediately upon notice to the other party. Neither party shall have any liability of any kind for any consequences of such termination. Upon termination of its Membership, a Member and its Authorized Persons will lose the right to sell and purchase Products on the Site, except for any outstanding binding transactions to which such Member is a party as of the termination of its Membership, which shall be completed through the Site. Upon termination of its Membership, the Member shall pay and settle all outstanding Commissions and any other amounts due to eChinaChem in full within 30 days after the date of termination.

 

10. Indemnification

Member agrees that it will indemnify, defend and hold eChinaChem, its officers, directors, employees and agents (collectively "Indemnified Parties") harmless from and against any and all Damages (as defined below) incurred by any of the Indemnified Parties in connection with any claims arising out of, based upon or resulting from any breach by such Member of these Terms and Conditions or any applicable law, any use by the Member of the Site or any dispute with another Member and/or any Value Added Provider or any other party. eChinaChem reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by such Member, and such Member shall not in any event settle or otherwise dispose of any matter without the prior written consent of eChinaChem.

 

11. Disclaimer of Warranties

ECHINACHEM PROVIDES THE SITE AND THE CONTENT ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND ECHINACHEM HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, ACCURACY, TITLE OR NON-INFRINGEMENT. ECHINACHEM DOES NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ECHINACHEM MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL MEET MEMBERS' REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT ANY POSTED PRODUCTS WILL BE PURCHASED OR SOLD. IF A MEMBER IS DISSATISFIED WITH THE SITE, THE CONTENT OR ANY SERVICES ON THE SITE, ITS SOLE REMEDY SHALL BE TO DISCONTINUE USING THE SITE. ECHINACHEM MAKES NO WARRANTY REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY MEMBER FROM ECHINACHEM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EACH MEMBER AGREES AND ACKNOWLEDGES THAT THE USE OF THE SITE IS AT MEMBER'S SOLE RISK.

 

For the avoidance of doubt and without limitation to the foregoing, eChinaChem makes no warranty that economic reporting, information, material or data contained on the Site, or on any hyperlinks from the Site, is accurate, reliable or up to date, and shall have no responsibility for any Damages (as defined below) arising directly or indirectly from reliance thereon.

 

12. Limitation of Liability

ECHINACHEM SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, INCLUDING THE LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES EVEN IF ECHINACHEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ANY COSTS ARISING THEREFROM (COLLECTIVELY, "DAMAGES"). IN THE EVENT OF ECHINACHEM BEING HELD LIABLE UNDER THE PROVISIONS HEREOF, SUCH LIABILITY FOR ANY AND ALL DAMAGES ARISING OUT OF OR RELATED TO ANY POSTED ITEM SHALL BE LIMITED TO AND IN NO CIRCUMSTANCES EXCEED US$100.

 

For the avoidance of doubt and without limitation to the foregoing, each Member agrees that neither eChinaChem nor any officer, affiliate, director, shareholder, agent or employee of eChinaChem shall be liable to such Member or any third party for Damages resulting directly or indirectly from or otherwise arising from or in connection with any of the following: a) the termination of such Member's membership by eChinaChem whether with or without cause under the terms hereof; b) the interruption, suspension or termination of the Site for whatever reason; c) the use of the Site and the Content by such Member, including Damages resulting from or arising from such Member's reliance on the Site or any mistakes, omissions, errors, defects or delays in operation, non-deliveries, mis-deliveries, or any failure of performance on the Site; d) any unauthorized party's obtaining and/or using a Member's Passwords, and any reliance by eChinaChem on the list of Authorized Persons provided to eChinaChem and on the actions taken and the representations made (or purporting to be taken and made) by such Authorized Persons using the appropriate Passwords; e) any allegation, suit, claim or other proceeding based upon a contention that the use of the Site and the Content by such Member or a third party infringes the copyright, patent, trademark, trade secret, privacy, confidentiality or other intellectual property rights or contractual rights of any third party; f) any information posted on the Site or on any hyperlink from the Site being incorrect, untrue, misleading or forged; g) the failure or alleged failure of any Product purchased to conform to any specifications or terms; h) the breach or alleged breach of any warranty, express or implied, or any other breach of covenant or failure of performance by any party other than eChinaChem relating to any Product purchased or sold; or i) government restrictions, strikes, war, any natural disaster or force majeure, default or failure to perform by eChinaChem's contractors or suppliers, or any other condition beyond eChinaChem's control.

 

13. Governing Law

These Terms and Conditions shall be governed by the laws of the state of California, United States of America. Each Member agrees that any controversy or claim arising out of or relating to these Terms and Conditions and the relationship between eChinaChem and the Members shall be submitted to the exclusive jurisdiction of the courts located within the state of California, United States of America. For the purpose of this clause, each of the Members waives any objection to proceedings in any such courts on the ground that the proceedings have been brought in an inconvenient forum. The submission by each Member to the jurisdiction of the courts of the state of California, United States of America herein shall not affect the right of eChinaChem to take proceedings in any other jurisdiction nor shall the taking of proceedings in one jurisdiction preclude eChinaChem from taking proceedings in any other jurisdiction.

 

14. Miscellaneous Provisions Submissions.

Any comments, feedback, ideas, suggestions, information, know-how, material, or any other submissions disclosed or offered by Members to eChinaChem using the Site or otherwise (collectively, "Submissions") are not confidential and shall become and remain the property of eChinaChem. Any such Submissions shall be deemed to include a worldwide, royalty-free, perpetual, irrevocable, nonexclusive, sub-licensable (through multiple tiers) right and license for eChinaChem to publish, reproduce, distribute, copy, use, create derivative works, display (in whole or part) or otherwise act on such Submissions without additional approval or consideration, in any media now known or later developed for the full term of any rights that may exist in such Submissions. Taxes. eChinaChem assumes no responsibility to calculate, report or remit sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with the Member's use of the Site. Default Interest. Any amount that is not paid within 15 days of its due date will bear interest at the rate of 15% per annum (from the original due date until the date of payment), or the maximum rate allowed by applicable law, which ever is less. Notices. Except as explicitly stated otherwise, notices shall be given in the case of eChinaChem,by e-mail to info@eChinaChem.com, by fax to +1 650 618 2533, or by mail or delivery to 1091 Industrial Road, Suite 240 San Carlos, CA 94070, USA for the attention of Customer Services Support, eChinaChem, or in the case of a Member, by e-mail, fax, mail or delivery to the Member's e-mail address, fax number or mailing address (as provided by the Member to eChinaChem during the registration process or as later notified by the Member). Notice shall be deemed effective 24 hours after an e-mail or fax is sent, or in the case of mailing or delivery, one day after the date of receipt. No Waiver. The failure by eChinaChem to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision. Limitation of Actions. Each Member agrees that any cause of action arising out of or related to the Site or these Terms and Conditions must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred. Entire Agreement. These Terms and Conditions, as amended or supplemented by eChinaChem from time to time, comprise the entire agreement between Member and eChinaChem and supersede all prior agreements between the parties regarding the subject matter contained herein. Survival. All provisions in these Terms and Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of a Member's Membership. Relationship. The relationship between the Members and eChinaChem is that of independent contractors. Nothing herein contained shall constitute or create any relationship of agency, partnership, joint venture,employer-employee or franchiser-franchisee between eChinaChem and any Member(whether it is a Buyer or Seller).