1          Definition and Interpretation

1.1          “EasyTrade”, “we”, “our” or “us” means EasyTrade Solutions Limited

1.2          “member” means registered member in EasyTrade.com

1.3          “visitor” means any persons other than members access the Website

1.4          “User” or “you” means both member and visitor

1.5          “Website” means www.EasyTrade.com and other website(s) from time to time hosted or linked up by EasyTrade

1.6          “Services” means the services provided by EasyTrade and as defined in Section 5.

2          Terms and Acceptance

2.1          The following sets forth the terms and conditions of the EasyTrade Membership Agreement  between you and EasyTrade. Use of Services indicates that you accept the terms and conditions set forth below. If you do not agree and accept all of the terms and conditions, please do not use the Services. Checking the box of “I agree Terms of Use” in member registration process, you are indicating your consent to be bound by this agreement, EasyTrade’s Terms of Use Agreement and EasyTrade’s Privacy Policy.

3          Website Contents

3.1          We will, in our sole discretion and at any time, without notice to you, modify any contents from the Website, or alter the presentation, substance, or functionality of the Website.

4          Change Of Terms

4.1          We may amend the Terms of Use from time to time in our sole discretion without notice or liability to you. The amended and restated Agreement shall be effective immediately upon posting. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.

5          Services

5.1          The Services will be offered to all members for an unspecified time period and will have the following major features (which may be modified or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of EasyTrade and notified to you)

5.1.1              Member and Company Registration

5.1.2              Trade Lead

5.1.3              Product

5.1.4              Company List

5.1.5              Trade Service

5.1.6              Member Account maintenance

5.1.7              limited Buying Trade Lead Posting

5.1.8              limited Selling Trade Lead Posting

5.1.9              Selling Offer

5.1.10           Buying Enquiry

5.1.11           Message

5.2          EasyTrade may terminate all or part of the above features at any time in its sole discretion. EasyTrade reserves the right to charge for the Service at any time in its sole discretion

5.3          The Services shall not be available to a user without business entity. The business entity means legally incorporated or organized under the laws of the country where you declare in member registration

5.4          EasyTrade reserves the right to change, upgrade, modify, limit or suspend the Services or any of its related functionalities or applications at any time temporarily or permanently without prior notice. In addition, we reserve the right to introduce new features, functionalities or applications to the Services or to new Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by EasyTrade.

6          Member’s Responsibilities

6.1          Each Member hereby represents, warrants and agrees to,

6.2          provide true and accurate information about itself and its business references required by EasyTrade and;

6.3          maintain and promptly amend all information to keep it true and accurate.

6.4          Each Member hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable (through multiple tiers) license to EasyTrade to display and use all information provided by such Member in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

6.5          A Member ID and Password will be issued (which shall be chosen by the Member during registration) to each Member to access the Service through such Member's Account. Each Member shall be solely responsible for maintaining the confidentiality of Member ID and Password and for all activities that occur under the Member ID and Password. A set of Member ID and Password is unique to a single Account and no Member shall share, assign or permit the use of its Account, Member ID or Password to another user. Each Member acknowledges that sharing of its Account with other users, or allowing multiple users outside of its business entity to use its Account ("multiple use"), will cause irreparable harm to EasyTrade and each Member shall indemnify EasyTrade against any loss or damages (including but not limited to loss of profits) suffered by EasyTrade as a result of such multiple use of an Account. Each Member hereby undertakes to notify EasyTrade immediately of any unauthorized use of its Account, Member ID or Password or any other breach of security. Each Member hereby agrees that EasyTrade shall not be liable for any loss or damages arising from the Member's failure to comply with this paragraph.

6.6          Each Member acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Member hereby agrees that in no event shall EasyTrade (and our agents, affiliates, directors, officers and employees) be liable to the Member or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service. Each Member further agrees that any claim against EasyTrade for pre-mature termination of the Service and loss of Member Benefits shall be limited to the amount of subscription fees paid by the Member that are allocated (on a pro-rata basis) to the unused portion of the subscription period.

6.7          Each Member represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (1) act as such Member's business referee; (2) to post and publish their contact details and information, reference letters and comments on their behalf; and (3) that third parties may contact such business referees to support claims or statements made about the Member. Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.

6.8          Each Member acknowledges and agrees that EasyTrade shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. EasyTrade does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member 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.

6.9          Each Member represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Website or provides to EasyTrade or authorizes EasyTrade to display does not violate the copyright, trademark, trade secret or any other personal or proprietary rights (“copy rights”) of any third party or is posted with the permission of the owner(s) of such rights. Each Member should not post the information to EasyTrade if you are not sure whether you have rights to use such information.

6.10      If any Member breaches the representations, warranties and covenants of paragraphs 6.1, 6.2, 6.3, 6.5 or 6.7 above, or if EasyTrade has reasonable grounds to believe that such Member is in breach of such representations, warranties and covenants, EasyTrade has the right to suspend or terminate the Service and all Member Benefits with respect to such Member without any compensation, and refuse any and all current or future use of the Service or any other services that may be provided by EasyTrade. Further, EasyTrade reserves the right in it sole discretion to remove any material it reasonably believes that is unlawful, could subject EasyTrade to liability, violates this Agreement or the EasyTrade Terms of Use or is otherwise found inappropriate in EasyTrade's opinion. EasyTrade 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. In addition, EasyTrade may disclose the Member'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, and EasyTrade shall not be liable for damages or results thereof and Member agrees not to bring any action or claim against EasyTrade for such disclosure.

6.11      Each Member agrees to indemnify EasyTrade, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including without limitation legal fees) which may arise from its submissions, posting of information or deletion thereof, from such Member's use of the Service or from such Member's breach of this Agreement or the EasyTrade Terms of Use. Each Member further agrees that EasyTrade is not responsible, and shall have no liability to it or anyone else for any material posted by such Member or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. EasyTrade reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with EasyTrade in asserting any available defenses.

7          User’s Conduct

7.1          As a condition of your use of the Website, you must not:

7.2          trespass, break into, access, use any other parts of our servers, and/or any data areas for which you have not been authorized by us;

7.3          restrict or inhibit any other user from using and enjoying the Website;

7.4          post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable or unreasonable Information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law;

7.5          post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;

7.6          post or transmit any Information or software which contains any virus, trojan horse, worm or other harmful component;

7.7          post, publish, transmit, reproduce, distribute or in any way exploit any Information obtained through the Website for commercial purposes; or

7.8          upload, post, publish, transmit, reproduce, or distribute in any way, Information obtained through the Website which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without the prior written permission of the copyright owner or right holder.

7.9          You have no rights in or to the Information available on the Website and you will not use the Information available on the Website in any manner or for any purpose, except as permitted under these Terms of Use.

8          Transactions Between Members

8.1          Through the Website, EasyTrade provides a web-based platform for exchanging information between buyers and suppliers of products and services. EasyTrade does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions. As a result, EasyTrade 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 Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.

8.2          Members are hereby made aware that there may be risks of dealing with people acting under false pretences. EasyTrade uses several techniques to verify the accuracy of the information our users provide us when they register on the Website. However, because user verification on the Internet is difficult, EasyTrade cannot and does not confirm each user's purported identity. We encourage you to use the various tools available on the Website, as well as common sense, to evaluate with whom you are dealing.

8.3          Each Member acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Website to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Each Member agrees that EasyTrade shall not be liable or responsible for any damages or loses that may arise a result of or in connection with any transactions.

8.4          Members are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

8.5          In the event that any Member has a dispute with any party to a transaction, such Member agrees to release and indemnify EasyTrade (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.

9          Intellectual Property Rights

9.1          All intellectual property rights subsisting in respect of the Website belong to EasyTrade or have been lawfully licensed to EasyTrade for use on the Website. All rights under applicable laws are hereby reserved. Except with the express permission of EasyTrade, you are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Website itself or create derivative works with respect thereto, as the Website is copyrighted under applicable laws.

9.2          You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us in connection with the Website and/or Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

9.3          "EasyTrade" and "EasyTrade.com" and all relevant icons and logos are registered trademarks or trademarks or service marks of EasyTrade in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

10      Limited Liability and Warranty

10.1      All Information is for your general reference only. EasyTrade do not accept any responsibility whatsoever in respect of such Information.

10.2      Your access to and use of our website is at your sole risk and is provided "as is," "as available." the website is for your personal use only and we make no representation or warranty of any kind, express or implied, including, without limitation, any warranties on merchantability or fitness for any particular purpose.  

10.3      Our entire liability and your exclusive remedy with respect to the website or otherwise, is re-performance of defective services. In jurisdictions which do not allow the exclusion or limitation of certain types of liability, our liability will be limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or service offered through us or our website. We are not and will not be a party to any transaction between you and any third party.

10.4      EasyTrade (and our agents, affiliates, directors, officers and employees) will not guarantee or assume any responsibility that :

10.5      the Information on the Website is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;

10.6      the Information on the Website is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;

10.7      messages sent through the internet will be free from interception, corruption or loss;

10.8      access to the Website will be available or be uninterrupted; or

10.9      defects in the Website will be corrected;

10.10  unauthorized access by third parties to data or private information of any Member.

10.11  In no event will the EasyTrade (and our agents, affiliates, directors, officers and employees) be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Information, even if EasyTrade (and our agents, affiliates, directors, officers and employees) have been advised of the possibility of such damages.

10.12  You will exercise and rely solely on your own skill and judgment in your use and interpretation of the Information. You are responsible to ensure that your use of the Information complies with all applicable legal requirements.

10.13  The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.

11      Privacy Policy

11.1      For information about our privacy policies and practices, please refer to our Privacy Policy Statement. You agree to the use and disclosure of your information in the manner set out in our Privacy Policy Statement (as updated from time to time).

11.2      For information on our use of cookies, please also refer to our Privacy Policy Statement.

12      Governing Law and Jurisdiction

12.1      These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

13      Non-English Version 

13.1      If there is any conflict or difference between the non-English version of the Terms of Use and its English version, the English version prevails. If any part of the non-English version is unclear, reference shall be made to the English version.