This website is an electronic publication of and a service
provided by Tradepapa (hereinafter referred to as "TRP").
Any and all use of this website is subject to, and constitutes
acknowledgment and acceptance of, the following terms ("Terms
of Use").
TRP may amend these Terms of Use at any time by posting the
amended version on this site. Such amended version shall automatically
be effective upon its posting on this site.
Definitions
In these Terms of Use, the following words and expressions
shall, unless the context otherwise requires, have the following
respective meanings:-
"Force Majeure Event" in relation to a person or
entity shall mean an event beyond that person's or entity's
reasonable control, including but not limited to: acts of
God; fire; flood; explosion; storm; disaster; vandalism; power
surge or outage; cable cut; disruptions or failures in telecommunication
systems or equipment or electrical power or supply; server
crashes; back-up failures; disruptions to or failure of Internet
access or connectivity; serious accidents; epidemics or quarantine
restrictions; any law, order, regulation, direction, action
or request of any government (including state and local governments)
or any civil or military authority, or of any dependent agency,
commission, court, bureau, corporation or other instrumentality
thereof; allocation regulations or orders affecting materials
and/or the supply thereof; national emergencies, insurrections,
riots, civil commotion, war or warlike operations; strikes,
lockouts, work stoppages or labour disputes, troubles or difficulties;
delays in transportation; supplier failures, shortages, breaches
or delays; or inability after due and timely diligence to
procure materials, accessories, equipment or parts.
"
Tradepapa Content" shall mean all content or materials (including
text and images) in this website, all files within this website
and all data within such files, but excluding Third Party
Content.
"Overall Content" shall mean the Tradepapa
Content, the Third Party Content, and any and all attachments
transmitted through this website.
"Specific Services" shall mean those services,
provided by relevant members of the Tradepapa Group in
or through this website, which are subject to other specific
terms and conditions in addition to these Terms of Use.
"Specific Terms" shall mean the respective terms
and conditions applicable to Specific Services, including
those prescribed or imposed by relevant members of the Tradepapa Group in relation to such Specific Services, or those
contained in respective agreements entered into between Visitors
and relevant members of the Tradepapa Group in relation
to such Specific Services.
"Third Party Content" shall mean those content
or materials (including text and images) in this website the
titles, rights and interests in or to which are not owned
by members of the Tradepapa Group but by the respective
Third Party Licensors.
"Third Party Licensors" shall mean the respective
owners of the titles, rights and interests in or to the Third
Party Content.
"Visitor" shall mean the individual who, or the
entity whose agent, accesses or uses this website, the services
provided in this website, or any of the Overall Content.
Application of other terms
and conditions
These Terms of Use shall apply to each Specific Service, in
addition to any and all other Specific Terms applicable to
such Specific Service; provided however that:-
in the event of any conflict or inconsistency between any
provision of the Specific Terms and any provision of these
Terms of Use, such conflict or inconsistency shall (except
as otherwise expressly provided or agreed) be resolved in
a manner favourable to TRP and/or other members of the Tradepapa Group; and
only to the extent that such conflict or inconsistency cannot
be so resolved, the provisions of the Specific Terms shall
prevail.
Intellectual Property
Unless otherwise expressly stated:-
- all titles, rights and interests (including without limitation copyright) in respect of the Tradepapa Content belong
to TRP and/or other relevant members of the Tradepapa
Group, and nothing herein confers on the Visitor any title,
right or interest in respect thereof; and
- all titles, rights and interests (including without limitation
copyright) in respect of Third Party Content belong to the
respective Third Party Licensor, and nothing herein confers
on the Visitor any title, right or interest in respect thereof.
Use of Tradepapa Content
Visitors to this website may use the Tradepapa Content
solely and exclusively for personal or internal purposes.
The Visitor may download and/or reproduce limited portions
of the Tradepapa Content on an occasional ad hoc basis
and distribute such Tradepapa Content internally, solely
and exclusively for personal or internal purposes;
PROVIDED HOWEVER THAT:-
- the use, reproduction and distribution of such Tradepapa
Content (either in hard copy or electronic form) is not done
in any manner which might be competitive with the Tradepapa
Group's use, reproduction or distribution of content or other
content similar thereto; and
- such Tradepapa Content is reproduced and distributed
with appropriate notices, including copyright notices, indicating
TRP (and/or other relevant members of the Tradepapa Group,
as the case may be) as the source of such Tradepapa Content
and prohibiting any further reproduction or distribution of
such Tradepapa Content.
Downloading, reproduction, distribution and/or use of any
Tradepapa Content does not transfer any title, right
or interest in or to such Tradepapa Content, and such
Tradepapa Content may be downloaded, reproduced, distributed
and/or used only in accordance with this paragraph 4.
Except as expressly permitted in this paragraph 4, Visitors
to this website may not copy, reproduce, modify, alter, reverse
engineer, disassemble, sell, transfer, rent, license, publish,
distribute, disseminate in any form or otherwise allow access
to all or any Tradepapa Content or Third Party Content.
If the Visitor is a corporation, this provision shall apply
to any subsidiary, affiliate or parent of such corporation.
Protection of Intellectual
Property Rights
The Visitor expressly acknowledges that this website and the
Tradepapa Content (or the Third Party Content, as the
case may be) were prepared by the Tradepapa Group (or
the Third Party Licensors, as the case may be) through the
application of methods and standards of judgment developed
and applied through the expenditure of substantial time, effort
and money.
The Visitor agrees to protect all copyright and other intellectual
property or other proprietary rights and interests of the
Tradepapa Group (or the Third Party Licensors, as the
case may be) in or to this website and the Tradepapa
Content (or the Third Party Content, as the case may be).
In addition, the Visitor shall honor and comply with reasonable
written requests made by the Tradepapa Group in connection
with the protection, enforcement or exercise of the Tradepapa Group's (or, as the case may be, the Third Party Licensors')
contractual and other legal (whether statutory or common law)
or equitable rights and remedies in respect of this website
and the Tradepapa Content (or the Third Party Content,
as the case may be).
Updates
All updates to or additional Tradepapa Content and Third
Party Content and all new versions of this website shall be
subject to these Terms of Use as if each such update, addition
and/or new version were the original Tradepapa Content,
Third Party Content or website (as the case may be) referred
to herein.
Modifications
The Tradepapa Group reserves the right to alter or modify
this website, including portions thereof, from time to time.
Such alterations or modifications may include, without limitation,
addition or withdrawal of features, services, data or content
or changes in instructions. The Tradepapa Group may also
at any time suspend or discontinue all or any part of this
website or the provision of updates.
No endorsement of third parties
- The Tradepapa Group does not endorse or make any
representation or warranty whatsoever (whether express or
implied), and shall not be responsible or liable under any
circumstances whatsoever, in respect of :-
- any third party website hyperlinked to this website, or
any products, services, information, data or other content
offered or provided therein; and/or
- any product, service, information, data or other content
offered or provided by third parties in or through this
website.
Such third party websites and such third party products, services,
information, data or other content (whether provided or offered
therein or in or through this website) are the sole responsibility
of independent third parties, and as against the Tradepapa
Group, the Visitor's use thereof or reliance thereon is solely
at the Visitor's own risk. A Visitor's rights and remedies in
respect thereof are governed solely by other applicable agreements
or terms (if any) between the Visitor and the relevant third
party.
- Without prejudice to the generality of paragraph 8(a)
above:-
- a description or reference to a product or service in this
website (including any description or reference via hyperlink)
does not imply endorsement by any member of the Tradepapa
Group of that product or service;
- the Tradepapa Group does not make any representation
or warranty as to the quality, accuracy, reliability or
suitability of any third party websites or any third party
products, services, information, data or other content (whether
provided or offered therein or in or through this website);
and
- the Tradepapa Group shall not be liable or responsible
for any defects, deficiencies, errors, omissions or inaccuracies
in any third party websites or any third party products,
services, information, data or other content (whether provided
or offered therein or in or through this website).
EXCLUSION OF REPRESENTATIONS
AND WARRANTIES
THIS WEBSITE AND THE OVERALL CONTENT ARE MADE AVAILABLE "AS
IS" WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY
REPRESENTATION OR WARRANTY AS TO THEIR PERFORMANCE, MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE; AND ALL REPRESENTATIONS
AND/OR WARRANTIES, TO THE EXTENT CAPABLE OF BEING EXCLUDED
UNDER APPLICABLE LAW, ARE HEREBY EXPRESSLY EXCLUDED BY THE
GLOBAL SOURCES GROUP, ITS LICENSORS, DEALERS, DISTRIBUTORS,
AGENTS AND EMPLOYEES, AND ALL THIRD PARTIES (IF ANY) INVOLVED
IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE AND/OR
THE OVERALL CONTENT.
IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE GENERALITY OF
THE FOREGOING, THE GLOBAL SOURCES GROUP, ITS LICENSORS, DEALERS,
DISTRIBUTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES (IF
ANY) INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS
WEBSITE AND/OR THE OVERALL CONTENT, MAKE NO REPRESENTATIONS
OR WARRANTIES AS TO, AND THE VISITOR ASSUMES THE ENTIRE RISK
AS TO:-
- ANYTHING CONTAINED IN, THE PERFORMANCE OF, OR THE RESULTS
THAT MAY BE OBTAINED BY USING, THIS WEBSITE OR ANY OF THE
OVERALL CONTENT;
- THE CONSEQUENCES OF DOWNLOADING ANY ATTACHMENT TRANSMITTED
THROUGH THIS WEBSITE;
- THE QUALITY, ACCURACY, RELIABILITY OR SUITABILITY FOR
ANY PURPOSE WHATSOEVER OF, THIS WEBSITE OR ANY OF THE OVERALL
CONTENT; AND/OR
- THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON OR ENTITY
MENTIONED IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
EXCLUSION OF LIABILITY
IN NO EVENT SHALL THE GLOBAL SOURCES GROUP, ITS LICENSORS,
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES, OR ANY THIRD PARTY
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS WEBSITE
OR ANY OF THE OVERALL CONTENT BE LIABLE FOR:-
- ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SECONDARY,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF
THE OVERALL CONTENT (SUCH AS BUT NOT LIMITED TO LOSS OF
DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION
OR DELAY, OR LOSS OF ANTICIPATED REVENUE, PROFITS OR BENEFITS,
OR ANY ECONOMIC OR FINANCIAL LOSS), WHETHER BASED UPON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN
IF THEY WERE AWARE OF, WERE ADVISED OF, OR OUGHT TO HAVE
KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES;
- ANY CONSEQUENCES OF DOWNLOADING OR USING ANY ATTACHMENT
TRANSMITTED THROUGH THIS WEBSITE;
- ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF
OR TO THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
- ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF
OR TO THE TRANSMISSION OR RECEPTION OF ANY DATA OR INFORMATION
THROUGH THIS WEBSITE, HOWSOEVER CAUSED OR ARISING;
- ANY DEFECT, DEFICIENCY, BREAKDOWN OR FAILURE OF ANY SOFTWARE
OR ANY EQUIPMENT OR SYSTEM (WHETHER OR NOT MAINTAINED OR
OPERATED BY THE GLOBAL SOURCES GROUP OR ANY OTHER PERSON),
HOWSOEVER CAUSED OR ARISING;
- ANY LOSS, CORRUPTION, DELETION OR DAMAGE OF OR TO ANY
DATA OR INFORMATION (WHETHER BELONGING TO, PROVIDED BY OR
STORED BY THE VISITOR OR OTHERWISE) WHICH IS TRANSMITTED
TO OR STORED IN ANY SYSTEM OR EQUIPMENT (WHETHER OR NOT
MAINTAINED OR OPERATED BY THE GLOBAL SOURCES GROUP, THE
VISITOR OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
- ANY BREACH, FAILURE OF PERFORMANCE OR DELAY CAUSED BY
A FORCE MAJEURE EVENT; AND/OR
- ANY DEFECTS, DEFICIENCIES, ERRORS, OMISSIONS OR INACCURACIES
IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
LIMITATION OF LIABILITY
SUBJECT ALWAYS TO THE EXPRESS EXCLUSIONS IN THESE TERMS OF
USE, THE LIABILITY OF TRP, OTHER MEMBERS OF THE GLOBAL SOURCES
GROUP, THEIR LICENSORS, DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES,
OR THIRD PARTIES (IF ANY) INVOLVED IN THE CREATION, PRODUCTION
OR DELIVERY OF THIS WEBSITE OR ANY OF THE OVERALL CONTENT,
SHALL IN NO EVENT EXCEED IN THE AGGREGATE THE SUM OF ONE UNITED
STATES DOLLAR (US$1.00) ONLY, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE OR BREACH OF STATUTORY DUTY) OR OTHERWISE, OR FOR
ANY LOSS, DAMAGE OR LIABILITY WHATSOEVER.
Entire agreement
These Terms of Use, together with any other Specific Terms
relating to Specific Services (if applicable), constitute
the entire agreement between the parties with respect to the
subject matter hereof and thereof, and supersede any and all
prior written and/or oral representations, understandings,
agreements or communications between the parties regarding
the subject matter hereof and thereof.
The provisions and terms of any purchase order or other instrument
issued by the Visitor shall be of no effect and the acceptance
of any such order or instrument shall not in any way extend
or alter these Terms of Use (or any other Specific Terms relating
to Specific Services, if applicable).
Waivers
Failure of either party to insist at any time upon strict
compliance with any provision herein or to seek remedy of
any breach shall not constitute or be construed as a waiver
of such provision or breach, or of any other rights or remedies.
Illegality
If any provision of these Terms of Use is or becomes illegal,
invalid or unenforceable ("Affected Provision"),
such Affected Provision shall, to the maximum extent possible,
be modified and/or replaced by an equivalent legal, valid
and enforceable provision in a manner which accords with or
which gives effect to, as closely as possible, the original
intent of the Affected Provision. If, however, such modification
or replacement is not permissible, then the Affected Provision
(or the modification, replacement or severance thereof) shall
be deemed to be severed from these Terms of Use. The illegality,
invalidity or unenforceability of the Affected Provision shall
not in any way affect the legality, validity or enforceability
of the other provisions of these Terms of Use, which shall
remain in full force and effect.
Governing Law & Jurisdiction
These Terms of Use shall be construed in accordance with and
governed by the laws of the Cayman Islands, British West Indies.
The Visitor hereby submits to the non-exclusive jurisdiction
of the courts of the Cayman Islands, British West Indies and/or
such other courts of competent jurisdiction as TRP may in
its absolute discretion deem fit.
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