PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www. usswet.com! These
Terms of Use describe the terms and conditions applicable to your access and
use of the website at www.
usswet.com a
"Site". This document is a legally binding agreement between you as
the user(s) of the Site (referred to as "you", "your",
"Customer" or "User" hereinafter) and the usswet.com
entity (referred to as "we", "our" or " usswet.com"
hereinafter).
All transactions on usswet.com
are processed by Usswet.com
1. Application
and Acceptance of the Terms
1.1 Your use of the Site and usswet.com's
services, software and products (collectively the as the "Services" hereinafter)
is subject to the terms and conditions contained in this document as well as
the Privacy
Policy and any other rules and policies of the Site that usswet.com
may publish from time to time. This document and such other rules and policies
of the Site are collectively referred to below as the "Terms". By
accessing the Site or using the Services, you agree to accept and be bound by
the Terms. Please do not use the Services or the Site if you do not accept all
of the Terms.
1.2 You may not use the Services and may
not accept the Terms if you are not of legal age to form a binding contract
with usswet.com, or you are not permitted to receive any Services under
the laws of Hong Kong or other countries / regions including the country /
region in which you are resident or from which you use the Services.
1.3 You acknowledge and agree that usswet.com
may amend any Terms at any time by posting the relevant amended and restated
Terms on the Site. By continuing to use the Services or the Site, you agree
that the amended Terms will apply to you.
1.4 If usswet.com has posted or provided a
translation of the English language version of the Terms, you agree that the
translation is provided for convenience only and that the English language
version will govern your uses of the Services or the Site.
1.5 You may be required to enter into a
separate agreement, whether online or offline, with usswet.com or our affiliate
for any Service ("Additional Agreements"). If there is any conflict
or inconsistency between the Terms and an Additional Agreement, the Additional
Agreement shall take precedence over the Terms only in relation to that Service
concerned.
1.6 The Terms may not otherwise be modified
except in writing by an authorized officer of usswet.com.
2.
Provision of Services
2.1 You must register as a user on the Site
in order to access and use some Services. Further, usswet.com reserves the
right, without prior notice, to restrict access to or use of certain Services
(or any features within the Services) to paying Users or subject to other
conditions that usswet.com may impose in our discretion.
2.2 Some Services may be provided by usswet.com's
affiliates on behalf of usswet.com.
2.3 Services (or any features within the
Services) may vary for different regions and countries. No warranty or
representation is given that a particular Service or feature or function
thereof or the same type and extent of the Service or features and functions
thereof will be available for Users. usswet.com may in our sole discretion
limit, deny or create different level of access to and use of any Services (or
any features within the Services) with respect to different Users.
2.4 usswet.com may launch, change,
upgrade, impose conditions to, suspend, or stop any Services (or any features
within the Services) without prior notice except that in case of a fee-based
Service, such changes will not substantially adversely affect the paying Users
in enjoying that Service.
3.
Users Generally
3.1 As a condition of your access to and
use of the Site or Services, you agree that you will comply with all applicable
laws and regulations when using the Site or Services.
3.2 You agree to use the Site or Services
solely for your own private and internal purposes. You agree that you will not
copy, reproduce, download, re-publish, sell, distribute or resell any Services
or any information, text, images, graphics, video clips, sound, directories,
files, databases or listings, etc available on or through the Site (the
"Site Content"), and you will not copy, reproduce, download,
compile or otherwise use any Site Content for the purposes of operating a
business that competes with usswet.com, or otherwise commercially exploiting
the Site Content. Systematic retrieval of Site Content from the Site to create
or compile, directly or indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic devices or manual
processes) without written permission from usswet.com is prohibited. Use of any
content or materials on the Site for any purpose not expressly permitted in the
Terms is prohibited.
3.3 You must read usswet.com's Privacy
Policy which governs the protection and use of personal information about Users
in the possession of usswet.com and our affiliates. You accept the terms of the
Privacy Policy and agree to the use of the personal information about you in
accordance with the Privacy Policy.
3.4 usswet.com may allow Users to access
to content, products or services offered by third parties through hyperlinks
(in the form of word link, banners, channels or otherwise), API or otherwise to
such third parties? web site. You are cautioned to read such web site terms and
conditions and/or privacy policies before using the Site. You acknowledge that usswet.com
has no control over such third parties web site, does not monitor such web
site, and shall not be responsible or liable to anyone for such web site, or
any content, products or services made available on such web site.
3.5 You agree not to undertake any action
to undermine the integrity of the computer systems or networks of usswet.com
and/or any other User nor to gain unauthorized access to such computer systems
or networks.
3.6 You agree not to undertake any action
which may undermine the integrity of usswet.com's feedback system, such as
leaving positive feedback for yourself using secondary user IDs or through
third parties or by leaving unsubstantiated negative feedback for another User.
3.7 By posting or displaying any
information, content or material ("User Content") on the Site or
providing any User Content to usswet.com or our representative(s), you grant an
irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through
multiple tiers) license to usswet.com to display, transmit, distribute, reproduce,
publish, duplicate, adapt, modify, translate, create derivative works, such as
using as product description on usswet.com,advertising outside usswet.com and
otherwise use any or all of the User Content in any form, media, or technology
now known or not currently known in any manner and for any purpose which may be
beneficial to the operation of the Site, the provision of any Services and/or
the business of the User. You confirm and warrant to usswet.com that you have
all the rights, power and authority necessary to grant the above license.
4.
New user
registration rules
4.1 User must be registered on the Site to
access or use some Services registered User is also referred to as a
"user" below). Except with usswet.com's approval, one User may only
register one user account on the Site. usswet.com may cancel or terminate a
User's user account if usswet.com has reasons to suspect that the User has
concurrently registered or controlled two or more user accounts. Further, usswet.com
may reject User's application for registration for any reason.
4.2 Upon registration on the Site, usswet.com
shall assign an account and issue a user ID and password (the latter shall be
chosen by a registered User during registration) to each registered User. An account
may have a web-based email account with limited storage space for the user to
send or receive emails.
4.3 A set of user ID and password is unique
to a single account. Each user shall be solely responsible for maintaining the
confidentiality and security of your user ID and password and for all
activities that occur under your account. No user may share, assign, or permit
the use of your user account, ID or password by another person outside of the
user's own business entity. user agrees to notify usswet.com immediately if you
become aware of any unauthorized use of your password or your account or any
other breach of security of your account.
4.4 User agrees that all activities that
occur under your account (including without limitation, posting any company or
product information, clicking to accept any Additional Agreements or rules,
subscribing to or making any payment for any services, sending emails using the
email account or sending SMS) will be deemed to have been authorized by the
user.
4.5 User acknowledges that sharing of your
account with other persons, or allowing multiple users outside of your business
entity to use your account (collectively, "multiple use"), may cause
irreparable harm to usswet.com or other Users of the Site. user shall indemnify
usswet.com, our affiliates, directors, employees, agents and representatives
against any loss or damages (including but not limited to loss of profits)
suffered as a result of the multiple use of your account. User also agrees
that in case of the multiple use of your account or User's failure to maintain
the security of your account, usswet.com shall not be liable for any loss or
damages arising from such a breach and shall have the right to suspend or
terminate User's account without liability to User.
5.
Clause
5.1 Each User represents, warrants and
agrees that they have full power and authority to accept the Terms in this
agreement.
5.2 User will be required to provide
information or material about your entity as part of the registration process
on the Site for a User account. Each User represents, warrants
and agrees that such information and material whether submitted during
the registration process or thereafter throughout the continuation of the use
of the Site or Service is true, accurate, current and complete, and
you will maintain and promptly amend all information and material to keep
it true, accurate, current and complete.
5.3 Upon becoming a User, you consent to
authorize usswet.com to store and use your information in accordance with the Privacy Policy.
5.4 Each User represents, warrants and
agrees that any User Content that they submit, post or display does
not infringe or violate any of the copyright, patent, trademark, trade name,
trade secrets or any other personal or proprietary rights of any third party
("Third Party Rights").
5.5 Each User further represents, warrants
and agrees that the User Content that you submit, post or display shall:
1.
a) be true, accurate, complete and lawful;
2.
b) not be false, misleading or deceptive;
3.
c) not contain information that is
defamatory, libelous, threatening or harassing, obscene, objectionable,
offensive, sexually explicit or harmful to minors;
4.
d) not contain information that is
discriminatory or promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation or age;
5.
e) not contain any link directly or
indirectly to any other web Site which includes any content that may violate
the Terms.
5.6 Each User further represents, warrants and
agrees that you shall:
1.
a) carry on your activities on the Site in
compliance with any applicable laws and regulations;
2.
b) carry on your activities in accordance
with the Terms and any applicable Additional Agreements;
3.
c) not use the Services or Site to defraud
any person or entity;
4.
d) not impersonate any person or entity,
misrepresent yourself or your affiliation with any person or entity;
5.
e) not engage in spamming or phishing;
6.
f) not engage in any other unlawful
activities (including without limitation those which would constitute a
criminal offence, give rise to civil liability, etc) or encourage or abet any
unlawful activities;
7.
g) not involve attempts to copy, reproduce, exploit
or expropriate usswet.com's various proprietary directories, databases and
listings;
8.
h) not involve 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;
9.
i) not involve any scheme to undermine the
integrity of the data, systems or networks used by usswet.com and/or any user
of the Site or gain unauthorized access to such data, systems or networks;
10.
j) not engage in any activities that would
otherwise create any liability for usswet.com or our affiliates.
5.7 User may not use the Services and
User account messaging to engage in activities which are identical or
similar to usswet.com's e-commerce business.
5.8 User agrees to provide all
necessary information, materials and approval, and render all reasonable
assistance and cooperation necessary for usswet.com's provision of the
Services, evaluating whether User has breached the Terms and/or handling
any complaint against the User. If User's failure to do so results in delay in,
or suspension or termination of, the provision of any Service, usswet.com shall
not be obliged to extend the relevant service period nor shall be liable for
any loss or damages arising from such delay, suspension or termination.
5.9 User acknowledges and agrees that usswet.com
shall not be required to actively monitor nor exercise any editorial control
whatsoever over the content of any message or material or information created,
obtained or accessible through the Services or Site. usswet.com does not
endorse, verify or otherwise certify the contents of any comments or other
material or information made by any User. Each User is solely responsible
for the contents of their communications and may be held legally liable or
accountable for the content of their comments or other material or information.
6.
Breaches by User
6.1 usswet.com reserves the right in our
sole discretion to remove, modify or reject any User Content that you submit
to, post or display on the Site which we reasonably believe is unlawful,
violates the Terms, could subject usswet.com or our affiliates to liability, or
is otherwise found inappropriate in usswet.com's opinion.
6.2 If any User breaches any Terms or if usswet.com
has reasonable grounds to believe that any User is in breach of any the
Terms, usswet.com shall have the right to impose a penalty against the User, or
suspend or terminate the User's account or subscription of any Service without
any liability to the User. usswet.com shall also have the right to restrict,
refuse or ban any and all current or future use of any other Service that may
be provided by usswet.com. The penalties that usswet.com may impose include,
among others, warning, removing any product listing or other User Content that
the User has submitted, posted or displayed, imposing restrictions on the
number of product listings that the User may post or display, or imposing
restrictions on the User's use of any features or functions of any Service for
such period as usswet.com may consider appropriate in our sole discretion.
6.3 Without limiting the generality of the
provisions of the Terms, a User would be considered as being in breach of
the Terms in any of the following circumstances:
1.
a) usswet.com has reasonable grounds to
suspect that such User has used a stolen credit card or other false or
misleading information in any transaction with a counter party,
2.
b) usswet.com has reasonable grounds to
suspect that any information provided by the User is not current or
complete or is untrue, inaccurate, or misleading, or
3.
c) usswet.com believes that the User's
actions may cause financial loss or legal liability to usswet.com or our
affiliates or any other Users.
6.4 usswet.com reserves the right to
cooperate fully with governmental authorities, private investigators and/or
injured third parties in the investigation of any suspected criminal or civil
wrongdoing. Further, usswet.com may disclose the User's identity and contact
information, if requested by a government or law enforcement body, an injured
third party, or as a result of a subpoena or other legal action. usswet.com
shall not be liable for damages or results arising from such disclosure, and
User agrees not to bring any action or claim against usswet.com for such
disclosure.
6.5 If a User is in breach of the
Terms, usswet.com also reserves the right to publish the records of such breach
on the Site. If such breach involves or is reasonably suspected of involving
dishonest or fraudulent activities, usswet.com also reserves the right to
disclose the records of such breach to our affiliates . Such usswet.com
affiliates may impose limitation on, suspend or terminate the User's use of all
or part of the services provided by such affiliates to the User, take other
remedial actions, and publish the records about the User's breach of the Terms
on the website operated by or controlled by such usswet.com affiliates.
6.6 usswet.com may, at any time and in our
reasonable discretion, impose limitations on, suspend or terminate the User's
use of any Service or the Site without being liable to the User if usswet.com
has received notice that the User is in breach of any agreement or
undertaking with any affiliate of usswet.com and such breach involves or is
reasonably suspected of involving dishonest or fraudulent activities. usswet.com
shall have the right to publish the records of such breach on the Site. usswet.com
shall not be required to investigate such breach or request confirmation from
the User.
6.7 Each User agrees to indemnify usswet.com,
our affiliates, directors, employees, agents and representatives and to hold
them harmless, from any and all damages, losses, claims and liabilities
(including legal costs on a full indemnity basis) which may arise from your
submission, posting or display of any User Content, from your use of the Site
or Services, or from your breach of the Terms.
6.8 Each User further agrees that usswet.com
is not responsible, and shall have no liability to you or anyone else for any
User Content or other material transmitted over the Site, including fraudulent,
untrue, misleading, inaccurate, defamatory, offensive or illicit material and
that the risk of damage from such material rests entirely with each User. usswet.com
reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by the User, in
which event the User shall cooperate with usswet.com in asserting any
available defenses.
7.
Transactions between Customers
and usswet.com
7.1 Customers agrees to provide all
information and materials as may be reasonably required by usswet.com in
connection with orders placed at usswet.com. usswet.com has the right to
suspend or terminate any Customers account if the Customer fails to provide the
required information and materials or provides inaccurate or fraudulent
information.
7.2 Each User agrees that usswet.com shall
not be liable or responsible for any damages, claims, liabilities, costs,
harms, inconveniences, business disruptions or expenditures of any kind that
may arise a result of or in connection with any use or storage of any
products purchased from usswet.com.
8.
Limitation of Liability
8.1 To the maximum extent permitted by law, the services
provided by usswet.com on or through the sites are provided "as is",
"as available" and "with all faults", and usswet.com hereby
expressly disclaims any and all warranties, express or implied, including but
not limited to, any warranties of condition, quality, durability, performance,
accuracy, reliability, merchantability or fitness for a particular purpose. all
such warranties, representations, conditions, and undertakings are hereby
excluded.
8.2 To the maximum extent permitted by law, usswet.com
makes no representations or warranties about the validity, accuracy,
correctness, reliability, quality, stability, completeness or currentness of
any information provided on or through the sites; usswet.com does not represent
or warrant that the manufacture, importation, export, distribution, offer,
display, purchase, sale and/or use of products or services offered or displayed
on the sites does not violate any third party rights; and usswet.com makes no
representations or warranties of any kind concerning any product or service
offered or displayed on the sites.
8.3 Any material downloaded or otherwise
obtained through the Site is done at each User's sole discretion and risk and
each User is solely responsible for any damage to usswet.com's computer system
or loss of data that may result from the download of any such material. No
advice or information, whether oral or written, obtained by any User from usswet.com
or through or from the Site shall create any warranty not expressly stated
herein.
8.4 Each User hereby further agrees to
indemnify and save usswet.com, our affiliates, directors, officers and
employees harmless, from any and all losses, damages, claims, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or
indirectly, as a result of any claims asserted by Third Party Rights claimants
or other third parties relating to products offered or displayed on the Site.
Each User hereby further agrees that usswet.com is not responsible and shall
have no liability to you, for any material posted by others; including
defamatory, offensive or illicit material and that the risk of damages from
such material rests entirely with each User. usswet.com reserves the right, at
our own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate with usswet.com
in asserting any available defenses.
8.5 usswet.com shall not be liable for any
special, direct, indirect, punitive, incidental or consequential damages or any
damages whatsoever (including but not limited to damages for loss of profits or
savings, business interruption, loss of information), whether in contract,
negligence, tort, equity or otherwise or any other damages resulting from any
of the following.
1.
a) the use or the inability to use the Site
or Services;
2.
b) any defect in goods, samples, data,
information or services purchased or obtained from a User or any other third
party through the Site;
3.
c) unauthorized access by third parties to
data or private information of any User;
4.
d) statements or conduct of any User of the
Site; or;
5.
e) any matters relating to Services however
arising, including negligence.
8.6 Notwithstanding any of the foregoing
provisions, the aggregate liability of usswet.com, our employees, agents,
affiliates, representatives or anyone acting on our behalf with respect to each
User for all claims arising from the use of the Site or Services during any
calendar year shall be limited to the greater of the amount of fees the User
has paid to usswet.com or our affiliates during the calendar year and
HK$1,000. The preceding sentence shall not preclude the requirement by the User
to prove actual damages. All claims arising from the use of the Site or
Services must be filed within one (1) year from the date the cause of action
arose.
8.7 The limitations and exclusions of
liability to you under the Terms shall apply to the maximum extent permitted by
law and shall apply whether or not usswet.com has been advised of or should
have been aware of the possibility of any such losses arising.
9.
Force Majeure
9.1 Under no circumstances shall usswet.com
be held liable for any delay or failure or disruption of the content or
services delivered through the Site resulting directly or indirectly from acts
of nature, forces or causes beyond our reasonable control, including without
limitation, Internet failures, computer, telecommunications or any other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
flood, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals or non-performance of third parties.
10.
Intellectual Property Rights
10.1 usswet.com is the sole owner or lawful
licensee of all the rights and interests in the Site and the Site Content. The
Site and Site Content embody trade secrets and other intellectual property
rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Site and Site Content shall remain with
usswet.com, our affiliates or licensors of the Site Content, as the case may
be. All rights not otherwise claimed under the Terms or by usswet.com are
hereby reserved.
10.2 "usswet.com" and related
icons and logos are registered trademarks or trademarks or service marks of usswet.com,
10.3 usswet.com may have independent third
parties involved in the provision of the Services (e.g., the authentication and
verification service providers). You may not use any trademark, service mark or
logo of such independent third parties without prior written approval from such
parties.
11.
Notices
11.1 All legal notices or demands to or upon
usswet.com shall be made in writing and sent to usswet.com personally, by
courier, certified mail.
11.2 All legal 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 usswet.com, 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.
1.
a) usswet.com is able to demonstrate that
communication, whether in physical or electronic form, has been sent to such
User, or
2.
b) Immediately upon usswet.com posting such
notice on an area of the Site that is publicly accessible without charge.
11.3 You agree that all agreements, notices,
demands, disclosures and other communications that usswet.com sends to you
electronically satisfy the legal requirement that such communication should be
in writing.
12.
General Provisions
12.1 Subject to any Additional Agreements,
the Terms constitute the entire agreement between you and usswet.com with
respect to and govern your use of the Site and Services, superseding any prior
written or oral agreements in relation to the same subject matter herein.
12.2 usswet.com and you are independent
contractors, and no agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by the Terms.
12.3 If any provision of the Terms is held
to be invalid or unenforceable, such provision shall be deleted and the
remaining provisions shall remain valid and be enforced.
12.4 Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of
such section.
12.5 usswet.com's failure to enforce any
right or failure to act with respect to any breach by you under the Terms will
not constitute a waiver of that right nor a waiver of usswet.com's right to act
with respect to subsequent or similar breaches.
12.6 usswet.com shall have the right to
assign the Terms (including all of our rights, titles, benefits, interests, and
obligations and duties in the Terms to any person or entity (including any
affiliates of usswet.com). You may not assign, in whole or part, the Terms to
any person or entity.