PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING QUALITY TRADE SITES,SOFTWARES, APPLICATIONS, PRODUCTS AND ANY OTHER SERVICES (COLLECTIVELY KNOWN AS “SERVICES”). BY USING OUR SERVICES, YOU ARE AGREEING TO THE FOLLOWING TERMS.
The information provided in this website is a guide only and may not be complete for your purposes. QUALITY TRADE does not warrant the accuracy of any information on this website and recommend that you confirm it with third party product or service providers before acting on it.
1.) SERVICES ELIGIBILITY: To be eligible to use our Services, you must represent and warrant that:
(a) You are not currently restricted from the Services, or not otherwise prohibited from having a QUALITY TRADE account;
(b) You are not a competitor of QUALITY TRADE and are not using the Services for reasons that are in competition with QUALITY TRADE;
(c) You will only maintain one QUALITY TRADE account at any given time at personal level;
(d) You have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
(e) You will not violate any rights of QUALITY TRADE, including intellectual property rights such as rights in designs, patents, copyright and trademark rights;
(f) You agree to provide at your cost all equipment, software and internet access necessary to use some of the Services;
(g) You have read and understood the Terms of Service and agree to be bound by all of its provisions.
2.) TRADEMARKS AND COPYRIGHTS
(2.1) The trademarks, service marks and logos displayed on QUALITY TRADE Services, are the exclusive property of QUALITY TRADE PTY LTD (alias “QualityTrade.com”) and are protected under international trademark laws and copyright laws. Use of any of these marks without prior written permission of the authority of QUALITY TRADE is strictly prohibited. All other trademarks are the property of their respective owners.
(2.2) The design, images, text content and overall layout contained in our Services are protectedunder international law as copyrighted materials. Anyone who claims, displays, reproduces copies or creates derivative works for commercial or non-commercial purposes without the prior written permission from an authorized representative of QUALITY TRADE shall be in violation of copyright laws and trademark laws and multinational treaties and is liable for copyright and trademark infringement to the greatest extent of the law.
(2.3) Any other reproduction, adaptation, distribution, dissemination or making availableof the information available within the QUALITY TRADE website located at http://www.QualityTrade.com (the “Site”) for commercial use is strictly prohibited unless prior written authorization is obtained by writing to firstname.lastname@example.org
3.) YOUR QUALITY TRADE ACCOUNT:
(3.1) You will need a QUALITY TRADE account in order to use some of our Services. You can apply for your own QUALITY TRADE account or it may be assigned to you by an administrator, such as your employer or association.
(3.2) QUALITY TRADE may assign memberships to relevant companies. This will enable the use of some of our services. You will be responsible for updating and confirming information via the account details provided. All use of the services is to be in line with the terms of services.
(3.3) QUALITY TRADE grants you a worldwide, royalty-free, non-assignable, fully paid-up and non-exclusive license to use the Services provided to you by QUALITY TRADE. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by QUALITY TRADE, in the manner permitted in these Terms of Service. You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of our online Services, unless laws prohibit those restrictions or you have QUALITY TRADE 's prior written permission.
(3.4) You are responsible for maintaining the confidentiality of your QUALITY TRADE account information and QUALITY TRADE recommends that you do not disclose your password to any third party. If you learn of any unauthorized use of your password and account, please contact us immediately. QUALITY TRADE makes no representations nor gives any warranties in respect of any password or other security mechanisms in place on the Site.
(3.5) Unless otherwise agreed by QUALITY TRADE, your signing up of our membership serviceconstitutes granting QUALITY TRADE the right to use your name and your company’s name and logo in QUALITY TRADE 's online and/or printed marketing materials and/ or in the Site, and to disclose that you and your company are a client of QUALITY TRADE.
4.) YOUR CONTENT AND OUR SERVICES:
(4.1) You may be required to provide information or materials about your entity, business or product/ services as part of the registration process of the Site or use of Services. You represent and warrant to QUALITY TRADE that all information submitted is true, accurate, current, complete and lawful, and that it does not infringe or violate any of the copyrights, patents, trademarks, trade names, rights in designs, or any other rights of any third parties. You will also maintain and update all information in your profile to keep it true, accurate, current, complete and lawful, and inform us if there are any major changes which relates to any agreement which you have entered into with QUALITY TRADE.
(4.2) Some of our Services allow you to submit your own content. You shall retain ownership of any intellectual property rights that you hold in that content. When you submit content to our Services, you grant QUALITY TRADE and those who work with us a worldwide, non-exclusive, unlimited, assignable, fully paid-up and royalty-free license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform and publicly display and distribute such content. This license continues even if you stop using our Services or cease to be a member of QUALITY TRADE. You confirm, represent and warrant that you have all right, title, power and authority necessary to grant QUALITY TRADE the above license.
(4.3) There are Services where QUALITY TRADE may create new content on your behalf, including but not limited to, facility video shooting, product photos and advertisement creations. In these cases, QUALITY TRADE will hold the intellectual property rights of the finished products and you shall take all such steps and execute all such instruments, notices deeds and documents necessary to vest those rights in QUALITY TRADE. QUALITY TRADE will also grant its members the same right to the Services. However, the license shall terminate if you cease to be a member of QUALITY TRADE.
(4.4) We reserve the right to reject or delete submitted content if we suspect that any such content may infringe or violate any intellectual property rights or our Terms of Service, contain misleading, false, deceptive, threatening, harassing, obscene, offensive, sexually explicit, discriminatory, illegal, damaging information. We do not, however, have the obligation to actively monitor the Site nor exercise any editorial control over the content submitted by our members. We do not accept any responsibility or liability for any of the foregoing or the use of the Site by other users.
5.) THIRD PARTY CONTENT:
(5.1) During the course of enjoying our Services, you may come across content that are provided by third parties and public sources. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by such third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of QUALITY TRADE. We do not guarantee, represent or warrant the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose in any respect whatsoever. You acknowledge that QUALITY TRADE has no control over such third party content and shall not be responsible or liable for any content, products or services made available.
6.) NOTIFICATIONS AND SERVICE MESSAGES:
7.) CONNECTIONS, TRANSACTIONS AND INTERACTION WITH OTHER USERS, BUYERS & SELLERS:
(7.1) QUALITY TRADE provides a platform to connect buyers with suppliers through our Services.You are solely responsible for your interactions with other users. QUALITY TRADE does not represent either the buyers or suppliers in specific transactions. Any transactions or interactions made between you and other users are the sole businesses between yourselves and QUALITY TRADE has no obligation to monitor disputes between you and other users, and will not be liable or responsible in any way for any transactions or disputes between different parties whether any or all parties are a QUALITY TRADE member.
(7.2) Through the Sites, QUALITY TRADE provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. QUALITY TRADE additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the QUALITY TRADE. However, for any Services, QUALITY TRADE does not represent either the seller or the buyer in specific transactions. QUALITY TRADE does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
(7.3) Users are hereby made aware that there may be risks of dealing with people acting under false pretences. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
(7.4) Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that QUALITY TRADE 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 Transaction Risks.
(7.5) Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
(7.6) User agrees to provide all information and materials as may be reasonably required by QUALITY TRADE in connection with your transactions conducted on, through or as a result of use of the Sites or Services. QUALITY TRADE has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials or if it breaches any terms of service, internal or external standards as determined by QUALITY TRADE and its associates.
(7.7) In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify QUALITY TRADE (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8.) NO ENDORSEMENT OF THIRD PARTIES:
(8.1) QUALITY TRADE does not endorse or make any representation or warranty whatsoever WHETHER EXPRESSED OR IMPLIED, and shall not be responsible or liable under any circumstances whatsoever, in respect of :
(8.1.1) any third party website hyperlinked to this website, or any products, services, information, data or other content offered or provided therein;
(8.1.2) any product, service, information, data or other content offered or provided by third parties in or through this website.
(8.2) The information provided in this website is a guide only and may not be complete for your purposes. QUALITY TRADE does not warrant the accuracy of any information on this website and recommend that you confirm it with in your own right or via third party product or service providers before acting on it.
(8.3) 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 QUALITY TRADE, the User's use thereof or reliance thereon is solely at the User's own risk. A User's rights and remedies in respect thereof are governed solely by other applicable agreements or terms (if any) between the User and the relevant third party.
(8.4) Without prejudice to the generality of paragraph 8.1 above:
(8.4.1) A description, grading, score, rank or reference to a product, service, supplier of company in this website (including any description or reference via hyperlink) does not imply endorsement by any member of QUALITY TRADE of that product or service;
(8.4.2) QUALITY TRADE 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);
(8.4.3) QUALITY TRADE 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).
9.) EXCLUSION OF REPRESENTATIONS AND WARRANTIES:
(9.1) 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 QUALITY TRADE, 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, QUALITY TRADE, 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 USER ASSUMES THE ENTIRE RISK AS TO:
(9.1.1) ANYTHING CONTAINED IN, THE PERFORMANCE OF, OR THE RESULTS THAT MAY BE OBTAINED BY USING, THIS WEBSITE OR ANY OF THE OVERALL CONTENT;
(9.1.2) THE CONSEQUENCES OF DOWNLOADING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
(9.1.3) THE QUALITY, ACCURACY, RELIABILITY OR SUITABILITY FOR ANY PURPOSE WHATSOEVER OF, THIS WEBSITE OR ANY OF THE OVERALL CONTENT;
(9.1.4) THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON OR ENTITY MENTIONED IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
10.) EXCLUSION OF LIABILITY:
(10.1) IN NO EVENT SHALL QUALITY TRADE, 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:
(10.1.1) 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;
(10.1.2) ANY CONSEQUENCES OF DOWNLOADING OR USING ANY ATTACHMENT TRANSMITTED THROUGH THIS WEBSITE;
(10.1.3) ANY FAILURE, DELAY, DISRUPTION OR INTERRUPTION IN, OF OR TO THIS WEBSITE,HOWSOEVER CAUSED OR ARISING;
(10.1.4) 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;
(10.1.5) ANY DEFECT, DEFICIENCY, BREAKDOWN OR FAILURE OF ANY SOFTWARE OR ANY EQUIPMENT OR SYSTEM (WHETHER OR NOT MAINTAINED OR OPERATED BY THE QUALITY TRADE OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
(10.1.6) ANY LOSS, CORRUPTION, DELETION OR DAMAGE OF OR TO ANY DATA OR INFORMATION (WHETHER BELONGING TO, PROVIDED BY OR STORED BY THE USER OR OTHERWISE) WHICH IS TRANSMITTED TO OR STORED IN ANY SYSTEM OR EQUIPMENT (WHETHER OR NOT MAINTAINED OR OPERATED BY QUALITY TRADE, THE USER OR ANY OTHER PERSON), HOWSOEVER CAUSED OR ARISING;
(10.1.7) ANY BREACH, FAILURE OF PERFORMANCE OR DELAY CAUSED BY A FORCE MAJEURE EVENT;
(10.1.8) ANY DEFECTS, DEFICIENCIES, ERRORS, OMISSIONS OR INACCURACIES IN THIS WEBSITE OR IN ANY OF THE OVERALL CONTENT.
11.) INFRINGEMENT OF RIGHTS AND OR VIOATION OF LAWS AND REGULATIONS:
(11.1) EACH USER AGREES AND UNDERTAKES THAT THE USER SHALL NOT USE THIS WEBSITE IN ANY MANNER THAT INFRINGES OR VIOLATES, OR MIGHT POTENTIALLY INFRINGE OR VIOLATE, ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY, OR ANY APPLICABLE LAW OR REGULATION.
(11.2) WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, EACH USER AGREES AND UNDERTAKES THAT THE USER SHALL NOT USE THIS WEBSITE TO ACQUIRE OR SEEK TO ACQUIRE ANY PRODUCT OR UNDERTAKE OR SEEK TO UNDERTAKE ANY ACTIVITY, OR TO SEND ANY INQUIRIES TO, TO COMMUNICATE WITH, OR TO OTHERWISE CONTACT, ANY PERSON OR ENTITY WITH A VIEW TO OR IN CONNECTION WITH ACQUIRING ANY PRODUCT OR UNDERTAKING ANY TRANSACTION OR ACTIVITY, THAT WOULD OR MIGHT ACTUALLY OR POTENTIALLY INFRINGE OR VIOLATE, OR INVOLVE ANY ACTUAL OR POTENTIAL INFRINGEMENT OR VIOLATION OF, ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY, OR ANY APPLICABLE LAW OR REGULATION.
(11.3) EACH USER ACKNOWLEDGES AND AGREES THAT QUALITY TRADE SHALL NOT BE, OR BE DEEMED TO BE, A PARTY TO, OR OTHERWISE INVOLVED IN, ANY TRANSACTION(S) OR ACTIVITY(IES) THAT MAY BE ENTERED INTO BETWEEN ANY USER AND ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY AS A RESULT OF OR IN CONNECTION WITH THE USE BY ANY USER OF THIS WEBSITE.
(11.4) EACH USER WHO ACQUIRES ANY PRODUCT FROM, OR WHO ENTERS INTO ANY TRANSACTION OR ACTIVITY WITH, OR WHO SENDS ANY INQUIRY TO, COMMUNICATES WITH OR OTHERWISE CONTACTS, OR WHO RECEIVES ANY COMMUNICATION FROM, ANY PERSON OR ENTITY DIRECTLY OR INDIRECTLY AS A RESULT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE SHALL BEAR SOLELY AND EXCLUSIVELY ALL RESPONSIBILITY AND RISKS FOR SUCH ACQUISITION, TRANSACTION, ACTIVITY, INQUIRY, COMMUNICATION OR CONTACT AND SHALL FULLY INDEMNIFY, DEFEND AND/OR HOLD HARMLESS, AS THE CASE MAY BE, EACH MEMBER OF QUALITY TRADE AND ANY DIRECTOR, OFFICER, EMPLOYEE. REPRESENTATIVE, AGENT AND/OR SERVICE PROVIDER THEREOF (COLLECTIVELY, "INDEMNITEES") IN RESPECT OF ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, SUITS, ACTIONS, PROCEEDINGS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO LEGAL COSTS AND EXPENSES ON A FULL INDEMNITY BASIS) (COLLECTIVELY, "LIABILITIES") THAT MAY BE SUFFERED BY ANY MEMBER OF QUALITY TRADE AND/OR ANY OTHER INDEMNITEE, AND/OR BY THE USER OR ANY OTHER PERSON OR ENTITY, AS THE CASE MAY BE, AS A RESULT OF, OR ARISING FROM OR IN CONNECTION WITH, ANY SUCH ACQUISITION, TRANSACTION, ACTIVITY, INQUIRY, COMMUNICATION OR CONTACT INFRINGING OR VIOLATING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY, OR ANY APPLICABLE LAW OR REGULATION, AND NEITHER T QUALITY TRADE NOR ANY OTHER INDEMNITEE ASSUMES OR SHALL BEAR ANY LIABILITY, OBLIGATION, RESPONSIBILITY OR RISK WHATSOEVER FOR OR IN RESPECT OF ANY SUCH ACQUISITION, TRANSACTION, ACTIVITY, INQUIRY, COMMUNICATION OR CONTACT.
(11.5) FOR THE PURPOSES HEREOF, "RELEVANT ACTIVITIES" IN RELATION TO ANY PRODUCT APPEARING IN THIS WEBSITE SHALL MEAN ANY ONE OR MORE OF THE FOLLOWING (AS THE CONTEXT REQUIRES): THE IMPORT, EXPORT, STORAGE, TRANSPORTATION, TRANSIT, CUSTOMS CLEARANCE, DELIVERY, USE, ADVERTISING, DISPLAY, REPRODUCTION, OFFER, SALE, SUPPLY, PURCHASE, PROVISION OR RE-SALE OF SUCH PRODUCT OR ANY TRANSACTION, ACTIVITY OR DEALING IN RESPECT OF ANY SUCH PRODUCT.
(11.6) NONE OF THE MEMBERS OF QUALITY TRADE MAKES ANY REPRESENTATION OR WARRANTY WHATSOEVER (WHETHER EXPRESS OR IMPLIED) THAT THE PRODUCTS APPEARING IN THIS WEBSITE, OR ANY RELEVANT ACTIVITIES IN RESPECT OF ANY SUCH PRODUCTS, DO NOT AND WILL NOT INFRINGE OR VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY, OR ANY APPLICABLE LAW OR REGULATION.
(11.7) EACH USER WHO ACQUIRES OR WISHES TO ACQUIRE, AND/OR WHO UNDERTAKES OR WISHES TO UNDERTAKE ANY OTHER RELEVANT ACTIVITY IN RELATION TO, ANY PRODUCT APPEARING IN THIS WEBSITE SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT SUCH PRODUCT, AND/OR SUCH RELEVANT ACTIVITY IN RELATION TO SUCH PRODUCT, DO NOT AND WILL NOT INFRINGE OR VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY, OR ANY APPLICABLE LAW OR REGULATION, AND SHALL FULLY INDEMNIFY, DEFEND AND HOLD HARMLESS EACH MEMBER OF QUALITY TRADE AND ANY OTHER INDEMNITEE FROM AND AGAINST ANY AND ALL LIABILITIES ARISING FROM OR IN CONNECTION WITH ANY SUCH INFRINGEMENT OR VIOLATION.
(11.8) WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, EACH USER WHO ACQUIRESOR WISHES TO ACQUIRE ANY PRODUCT APPEARING IN THIS WEBSITE IS ADVISED TO CONDUCT, AND SHALL IN ANY EVENT BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR CONDUCTING, ITS OWN DUE DILIGENCE ENQUIRIES, CHECKS AND INVESTIGATIONS, INCLUDING (WITHOUT LIMITATION) CONSULTING THE RELEVANT GOVERNMENT OR REGULATORY AUTHORITIES, AND SEEKING ITS OWN INDEPENDENT LEGAL ADVICE, AS MAY BE NECESSARY AND APPROPRIATE, SO AS TO SATISFY ITSELF AND ENSURE THAT SUCH PRODUCT AND THE RELEVANT ACTIVITIES IN RELATION TO SUCH PRODUCT DO NOT AND WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON OR ENTITY AND ARE AND WILL BE IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
12.) MODIFYING AND TERMINATION OF OUR SERVICES:
(12.1) We are constantly changing and improving our Services. We may add or remove functionalities or features of our Services, and we may suspend or stop a Service altogether. You can stop using our Services at any time. QUALITY TRADE may also stop providing Services to you, or add or create new limits to our Services at any time. If we discontinue a Service, where reasonably possible, we will give you advance notice and a chance to get information out of that Service. We may suspend or stop providing our Services to you if you do not comply with these Terms of Service, or other terms or policies of QUALITY TRADE or if we are investigating suspected misconduct without any liability to the member.
(12.2) QUALITY TRADE may terminate or suspend providing the services to any buyer or supplier account at any time at the discretion of QUALITY TRADE if the company or its products or services do not meet the internal standards of QUALITY TRADE or international standards or breach the terms of service or breach any law or recognised regulation as determined by QUALITY TRADE.
(13.1) Other than as expressly set out in these Terms of Service, neither QUALITY TRADE nor its suppliers, distributors, affiliates or partners, make any specific promises, representations or warranties about the Services, nor shall be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including, but not limited to, economic loss, loss of profits or goodwill, injury, illness or death due to the use of information contained in or made available through the Services.
(13.2) We do not make any commitments, representations or warranties regarding the content of the Services, the specific functionality of the Services, or their reliability, availability, or ability to meet your needs and to the extent permitted by any applicable law, we exclude all representations and warranties implied by statute in relation to the same. We provide the Services on an “as is” basis.
(13.3) You alone are responsible and accountable for your decisions, actions and results, and by your use of the Services, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstances.
14.) LIABILITY FOR OUR SERVICES
(14.1) The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, bug or worm, communication line failure, theft or destruction or unauthorized action or intervention such as spamming or a denial of service attack or unauthorized access to, alteration of, or use of records or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Each user specifically acknowledges that QUALITY TRADE is not liable for the defamatory, offensive or illegal conduct of third parties; including other users and that the risk of injury from the foregoing rests entirely with each user.
(14.2) QUALITY TRADE neither endorses nor is responsible for the accuracy or reliability ofany opinion, advice, or statement in the Services, nor for any offensive, defamatory, or obscene posting made on the Services by anyone. Under no circumstances will QUALITY TRADE be liable for any loss or damage caused by a user's reliance on information obtained through the content and/or any postings on our Services.
(14.3) QUALITY TRADE does not endorse, warrant or guarantee any service offered by a third-party through the service obtainable in our Services and will not be a party to or in any way monitor any transaction between any user and third-party providers of services. As with the purchase of a service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
(14.4) Each user specifically acknowledges that in no event will QUALITY TRADE, nor any of their respective directors, officers, employees or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use by such user of any browser owned or operated by any party and/or the downloading of any material owned or operated by any third-party in connection with the service.
(15.1) Each user agrees to defend, indemnify, and hold harmless QUALITY TRADE, its parent company and affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of our Services by such user, or as otherwise set forth herein.
16.) ABOUT THESE TERMS:
(16.1) These Terms of Service remain subject to change from time to time at the sole and absolute discretion of QUALITY TRADE and therefore you should check these Terms of Service regularly. For important changes, we will try to inform members through the Sites and/or email. If you do not agree to the modified Terms of Service, you should discontinue your use of our Services.