(Updated on
June16, 2019)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
PLEASE PAY ATTENTION TO PROVISIONS THAT EXCLUDE OR LIMIT LIABILITY AND TERMS OF
GOVERNING LAW AND JURISDICTION, WHICH MAY APPEAR IN CAPITAL LETTERS.
1.
ACCEPTANCE OF TERMS
1.1 WELCOME TO
C333.EU'S FREE SERVICE (the "SERVICE"). The following sets forth the
terms and conditions of the C333.eu Free Membership Agreement (this
"Agreement") between you (“Member”) and the C333.eu company
determined in accordance with this clause 1.1 ("C333.eu") under which
C333.eu offers you access to and use of the Service through the websites,
mobile sites, mobile applications and other portals owned, operated, branded or
made available by C333.eu to you from time to time relating to the C333.eu
e-commerce platforms, including but not limited to: (a) the web and
mobile-optimized versions of the websites identified by the uniform resource
locator “www.c333.eu”; and (b) the mobile applications of the C333
e-commerce platform.
As some or part of the Service may be supported and
provided by affiliates of C333.eu, C333.eu may delegate some aspects of the
Service to its affiliates, including C333.eu (Europe) Limited incorporated in
the EU, who you agree may invoice you for their part of the Service. Use of the
Service indicates that you accept the terms and conditions set forth below. If
you do not accept all of the terms and conditions, please do not use the
Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I
AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS
AGREEMENT, THE SITE’S TERMS OF USE AGREEMENT, PRODUCT LISTING POLICY AND PRIVACY
POLICY (DEFINED BELOW)
WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE
"TERMS OF USE"). The C333.eu Free Membership Agreement will not take
effect unless and until you have activated your Account. Terms not defined in
this Agreement shall bear the same meaning as that contained in the Terms of
Use.
1.2 C333.eu may
amend this Agreement at any time by posting the amended and restated Agreement
on the Sites. The amended and restated Agreement shall be effective immediately
upon posting. Posting by C333.eu of the amended and restated Agreement and your
continued use of the Service shall be deemed to be acceptance of the amended
terms.
2. THE
SERVICE
2.1 The Service
will be offered free-of-charge for an unspecified time period unless terminated
in accordance with the terms of this Agreement.
2.2 The Service
will have the following core features (which may be added to or modified, or
suspended for scheduled or unscheduled maintenance purposes, from time to time
at the sole discretion of C333.eu and notified to you) ("Free Member
Benefits"):
a) Company Profile -allows each Member to display and
edit basic information about its business, such as year and place of
establishment, estimated annual sales, number of employees, and products and
services offered, etc.
b) Products – allows each Member to display and edit
descriptions, specifications and images of at least 5 products.
c) Unlimited Buyer Trade Lead Posting -allows each
Member to post on the Sites for public display offers to buy products and
services from other users of the Sites.
2.3 C333.eu may
suspend or terminate all or part of the above Free Member Benefits at any time
in its sole discretion without liability for any losses or damages arising out
of or in connection with such suspension or termination. C333.eu reserves the
right to charge for the Service or any feature or functionality of the Service
at any time in its sole discretion.
2.4 Benefits,
features and functions available to a Member may vary for different countries
and regions. No warranty or representation is given that a particular
feature or function or the same type and extent of features and functions will
be available.
2.5 The
availability of any transactional features and functions on the Sites to any
Member may be conditional on verification of Member’s identity and/or its
designated bank account by C333.eu and/or its approved independent third
parties.
2.6 C333.eu shall
issue a Member ID and Password (the latter 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 its Member ID and Password and for all use of and activities that occur
under the Member ID and Password (whether such use or activities are authorized
or not). 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 person, even to other individuals within the Member's own
business entity (where applicable). Each Member acknowledges that sharing of
its Account with other persons, or allowing multiple users outside of its
business entity to use its Account (collectively, "multiple use"),
may cause irreparable harm to C333.eu and each Member shall indemnify C333.eu
against any loss or damages (including but not limited to loss of profits)
suffered by C333.eu as a result of such multiple use of an Account. Each Member
hereby undertakes to notify C333.eu immediately of any unauthorized use of its
Account, Member ID or Password or any other breach of security. Each Member
hereby agrees that C333.eu shall not be liable for any loss or damages arising
from the Member's failure to comply with this paragraph.
2.7 C333.eu
reserves the right to change, upgrade, modify, limit or suspend the Service or
any of its related functionalities or applications at any time temporarily or
permanently without prior notice. C333.eu further reserves the right but shall
not be obliged to introduce new features, functionalities, applications or
conditions to the Service or to future versions of the Service. All new features,
functionalities, applications, conditions, modifications, upgrades and
alterations shall be governed by this Agreement, unless otherwise stated by
C333.eu.
2.8 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 C333.eu 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 losses or damages (direct, indirect, consequential
or otherwise) arising from the use of or inability to use the Service.
2.9 If your IP address
comes from the EU when you successfully complete the registration with C333.eu
Free Membership, you will be granted an c333pay Username in addition to your
Member ID. If your registration was completed before December 11, 2018 or
the email address you used for your registration has already been registered
with other C333 Sites (as defined below), you will not be granted the C333pay
Username. You are allowed to use the C333pay Username to login to the
websites (collectively, the “C333Sites”). You hereby represent and agree to
authorize C333.eu to provide all the information associated with your Member ID
to the C333 Sites for the purpose of facilitating your easy and fast access to
the C333 Sites. Your responsibilities with regard to the C333pay Username
shall apply to the same terms and conditions in connection with the Member ID
as prescribed under this Agreement. C333.eu reserves the right, without
prior notice and at its sole discretion, to suspend, restrict or deny access to
or use of your C333pay Username and services provided by C333.eu and C333 Sites
without liability for any losses or damages arising out of or in connection
with such suspension or termination, if you: (a) use the services provided by
C333.eu, or through the Sites and the C333 Sites to defraud any person or
entity; (b) engage in any unlawful activities including without limitation
those which would constitute the infringement of intellectual property rights,
a civil liability or a criminal offence; (c) engage in any activities that
would otherwise create any liability for C333.eu, the Sites or the C333 Sites.
2.10 If you voluntarily submit
any information to the Sites for publication on the Sites through the publishing
tools, including but not limited to, company or business profile, product
catalog, trade leads, TRUSTPASS profile, business trust system and any
discussion forum, then you are deemed to have given consent to the publication
of such information on the Sites.
3. MEMBER
RESPONSIBILITIES
3.1 Each Member
hereby represents, warrants and agrees to (a) provide true, accurate, current
and complete information about itself and its business references as may be
required by C333.eu and (b) maintain and promptly amend all information to keep
it true, accurate, current and complete. To the extent permitted under
applicable laws, ach Member hereby grants an irrevocable, perpetual, Worldwide
and royalty-free, sub-licensable (through multiple tiers) license to C333.eu 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. Information that is protected under data
protection laws will only be used and kept in compliance with those laws.
3.2 Each Member
hereby represents, warrants and agrees that the use by such Member of the
Service and the Sites shall not:
a) contain fraudulent information or make fraudulent
offers of items or involve the sale or attempted sale of counterfeit or stolen
items or items whose sales and/or marketing is prohibited by applicable law, or
otherwise promote other illegal activities;
b) be part of a scheme to defraud other Members or
other users of the Sites or for any other unlawful purpose;
c) infringe or otherwise abet or encourage the
infringement or violation of any third party's copyright, patent, trademarks,
trade secret or other proprietary right or rights of publicity and privacy or
other legitimate rights;
d) impersonate any person or entity, misrepresent
yourself or your affiliation with any person or entity;
e) violate any applicable law, statute, ordinance or
regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination or false
advertising);
f) contain information that is defamatory, libelous,
unlawfully threatening or unlawfully harassing;
g) contain information that is obscene or contain or
infer any pornography or sex-related merchandising or any other content or
otherwise promotes sexually explicit materials or is otherwise harmful to
minors;
h) promote discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age;
i) contain any material that constitutes unauthorized
advertising or harassment (including but not limited to spamming), invades
anyone's privacy or encourages conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise violate any law or
regulation;
j) involve attempts to copy, reproduce, exploit or
expropriate C333.eu's various proprietary directories, databases and listings;
k) 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; and
l) involve any scheme to undermine the integrity of
the computer systems or networks used by C333.eu and/or any user of the Service
and no Member shall attempt to gain unauthorized access to such computer
systems or networks;
m) link directly or indirectly to or include
descriptions of goods or services or other materials that violate any law or
regulation or are prohibited under this Agreement or the Terms of Use; or
n) otherwise create any liability for C333.eu or its
affiliates.
3.3 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 such referee to (a) act as such Member's
business referee; (b) to post and publish their contact details and
information, reference letters and comments on their behalf; and (c) 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.
3.4 Member shall
not take any action which may undermine the integrity of C333.eu's feedback
system, such as leaving positive feedback for himself using secondary Member
IDs or through third parties or by leaving unsubstantiated negative feedback
for another Member.
3.5 Each Member
acknowledges and agrees that C333.eu reserves the right to, but 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. C333.eu 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.
3.6 Each Member
represents, warrants and agrees that it has obtained all necessary third party
licenses and permissions and shall be solely responsible for ensuring that any
material or information it posts on the Sites or provides to C333.eu or
authorizes C333.eu to display does not violate the copyright, patent,
trademark, trade secrets or any other personal or proprietary rights of any
third party or is posted with the permission of the owner(s) of such rights.
Each Member further represents, warrants and agrees that it has the right and
authority to sell, distribute or offer to sell or distribute the products
described in the material or information it posts on the Sites or provides to
C333.eu or authorizes C333.eu to display.
3.7 If any Member
breaches the representations, warranties and covenants of paragraphs 3.1, 3.2,
3.3, 3.4, 3.5 or 3.6 above, or if C333.eu has reasonable grounds to believe
that such Member is in breach of such representations, warranties and covenants,
or if upon complaint or claim from any other Member or third party, C333.eu has
reasonable grounds to believe that such Member has willfully or materially
failed to perform its contract with such third party including without
limitation where a Member who supplies products or services using the Sites and
Services has failed to deliver any items ordered by such third party after
receipt of the purchase price, or where such Member has delivered the items
that materially fail to meet the terms and descriptions outlined in its
contract with such third party, or if C333.eu has reasonable grounds to believe
that such Member has used a stolen credit card or other false or misleading
information in any online transaction, C333.eu has the right to suspend or
terminate the Service and all Free Member Benefits with respect to such Member
without compensation and without liability for any losses or damages arising
out of or in connection with such suspension or termination, and restrict or
refuse any and all current or future use of the Service or any other services
that may be provided by C333.eu. Further, C333.eu reserves the right in its
sole discretion to place restrictions on the number of product listings that a
Member can post on the Sites for such duration as C333.eu may consider
appropriate, and to remove any material it reasonably believes that is
unlawful, could subject C333.eu to liability, violates this Agreement or the
Terms of Use or is otherwise found inappropriate in C333.eu's opinion. C333.eu
reserves the right to cooperate fully with governmental and regulatory
authorities, law enforcement bodies, private investigators and/or injured third
parties in the investigation of any suspected criminal or civil wrongdoing.
Further, to the extent permitted under applicable laws and policies, C333.eu
may disclose the Member's identity, contact information and/or information
regarding the Member's account(s), transactions or activities carried out on or
via the Sites, if requested by a government, regulatory or law enforcement body
or an injured third party, or as a result of a subpoena or other legal action,
and C333.eu shall not be liable for damages or results thereof and Member
agrees not to bring any action or claim against C333.eu for such disclosure. In
connection with any of the foregoing, C333.eu may suspend or terminate the
Account of any Member as C333.eu deems appropriate in its sole discretion.
3.8 Each Member
agrees to indemnify C333.eu, its employees, agents and representatives and to hold
them harmless, from any and all losses, claims and liabilities (including legal
costs on a full indemnity basis) which may arise from its submissions, posting
of materials or deletion thereof, from such Member's use of the Service or from
such Member's breach of this Agreement or the Terms of Use. Each Member further
agrees that C333.eu 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. C333.eu reserves the right; at its own expense, 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
C333.eu in asserting any available defenses.
4.
TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS
4.1 Through the
Sites, C333.eu provides an electronic web-based platform for exchanging
information and concluding sale and purchase transactions of products and
services online between buyers and suppliers. C333.eu reserves the right to
limit certain features and functions of the platform to prescribed
Members. Despite the provision of the platform through the Sites, C333.eu
does not represent the seller or the buyer in specific transactions whether or
not such transactions are made on or via the Sites. C333.eu 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 suppliers to complete a sale or the ability of buyers to
complete a purchase.
4.2 Members are
hereby made aware that there may be risks of dealing with people acting under
false pretences. C333.eu uses several techniques to verify the accuracy of the
information our users provide us when they register on the Sites. However,
because user verification on the Internet is difficult, C333.eu cannot and does
not confirm each free member's purported identity shown on the Sites and can
only use reasonable efforts to verify the personal identity of the
representative of a seller in EU opening a storefront on www.c333.eu according to the applicable laws in EU. We
encourage you to use the various tools available on the Sites, as well as
common sense, to evaluate with whom you are dealing.
4.3 Each Member
accessing or using the Sites or Service shall fully assume the risks of
conducting any purchase and sale transactions in connection with or through the
Sites or Service. 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 ("Transaction Risks"). Each
Member agrees that C333.eu shall not be liable or responsible for any damages,
liabilities, costs, harms, inconveniences, business disruptions or expenditures
of any kind that may arise a result of or in connection with any Transaction
Risks.
4.4 Members are
solely responsible for setting out, agreeing on, entering into and performing
all of the terms and conditions of the transactions conducted on, through or as
a result of use of the Sites, including, without limitation, terms regarding
payment, returns, warranties, shipping, insurance, fees, taxes, title,
licenses, fines, permits, handling, transportation and storage, subject to any
additional obligations imposed under the Transactional Services Agreement (and in particular, clause 3.2).
4.5 Member agrees
to provide all information and materials as may be reasonably required by
C333.eu in connection with its transactions made via the transactional platform
on the Sites. C333.eu has the right to suspend or terminate any Member’s
Account if the Member fails to provide the required information and materials
without liability for any losses or damages arising out of or in connection
with such suspension or termination.
4.6 In the event
that any Member has a dispute with any party to a transaction, such Member
agrees to release and indemnify C333.eu (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
dispute or the transaction.
5. USE OF
DISCUSSION BOARDS ON THE SITE
5.1 C333.eu
provides its Members use of discussion boards on the Sites free of charge to
promote and encourage open, honest and respectful communication between all of
our Members. The discussion boards on the Sites shall not be used as a
marketing platform by Members and Members shall not post any information relating
to trade leads, promotion of their products or their company profile.
5.2 Each Member
acknowledges that all data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted through a discussion board on the
Sites, are the sole responsibility of such Member from whom the Content
originated. This means that the posting Member, and not C333.eu, is entirely
responsible for all Content that is uploaded or posted via our discussion
boards on the Sites. C333.eu does not control the Content posted via discussion
boards and therefore does not guarantee the accuracy, integrity or quality of
such Content.
5.3 C333.eu
reserves the right to, but shall have no obligation to, delete or edit any
postings in its sole discretion without prior notice. C333.eu may but shall not
be obliged to monitor posting activities of any Member who is in breach of this
Agreement and may restrict their ability to post messages on the discussion
boards on the Sites. Under no circumstances will C333.eu be liable in any way
for any Content, including (without limitation) any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of the use
of the discussion boards by such Member. Each Member agrees to evaluate and
bear all risks associated with the use of any Content including any reliance on
its accuracy or completeness. Each Member understands that by using the C333.eu
discussion boards on the Sites, such Member may be exposed to Content that is
offensive, indecent or objectionable.
5.4 Without
prejudice to each Member's responsibilities under clause 3 of this Agreement,
each Member agrees not to use the discussion boards on the Sites to:
a) upload, post or e-mail any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libellous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, falsely state or
otherwise misrepresent your affiliation with a person or entity or disguise the
origin of any Content;
d) "stalk" or otherwise harass another;
e) to use the personal data about other users for
purposes unrelated to the discussion board or to disclose personal data on the
discussion board about third parties without their authorization
f) upload, post or e-mail any Content that you do not
have a right to transmit under any law or under contractual or fiduciary
relationships;
g) upload, post or e-mail any Content that infringes
any intellectual property rights or other legitimate rights of any party;
h) upload, post or e-mail any unsolicited or
unauthorised advertising, promotional materials, "junk mail",
"spam", "chain letters", or any other form of solicitation;
i) upload, post or e-mail any Content that contains
computer viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software,
hardware or telecommunications equipment;
j) upload, post or e-mail any Content that contains a
complaint regarding C333.eu's services or refers to such a complaint on the
Sites or to any other Members; any such complaint must be directed to the
customer service e-mail on the Sites; or
k) violate any applicable national or internal laws or
regulations.
5.5 Each Member
acknowledges that C333.eu does not pre-screen Content but that C333.eu shall
have the right (though not the obligation) in its sole discretion to move,
modify or remove any Content that is posted or uploaded on the discussion
boards on the Sites.
5.6 To the
extent permitted under applicable laws, ach Member grants to C333.eu a
perpetual, world-wide, royalty-free irrevocable, non-exclusive licence
(including the right to sub-license through multiple tiers) to use, reproduce,
modify, adapt, publish, translate, create derivative Works from, distribute,
perform and display any Content (in whole or part) such Member uploaded, posted
or supplied to C333.eu for posting on the Sites and/or to incorporate such
Content in other works in any form, media or technology now known or developed.
Information that is protected under data protection laws will only be used and
kept in compliance with those laws.
5.7 Each Member
shall indemnify and hold C333.eu and its subsidiaries, affiliates, employees, officers,
agents or partners harmless from and against any direct or indirect loss or
damage (including consequential loss and loss of profits, goodwill or business
opportunities) arising from any third party claim in relation to any Content
such Member uploaded, posted or e-mailed on or through the discussion boards on
the Sites, such Member's use of the discussion boards on the Sites, or such
Member's breach of the provisions set out in clause 5.4.
5.8 On being made
aware of any such breaches, C333.eu may ban, delete or prohibit any Content
that relates to those breaches or that C333.eu in its sole discretion consider
to be harmful to the public or the rights of C333.eu or any of its affiliates,
licensors, partners or Members.
5.9 C333.eu reserves
the right to take whatever action it deems necessary to prevent a Member's
breach of clause 5.4 including the following:
a)issue a warning letter to the relevant Member (where
the breaches are deemed by C333.eu to be minor); or
b)ban the relevant Member from discussion boards on
the Sites (where the breaches are deemed by C333.eu to be major).
All incidents will be logged and C333.eu's decision
shall be final in all such cases.
5.10 All information and/or
other Content posted on the Sites by the C333.eu service team or by Members or
third party partners is supplied for information purposes only and shall not
under any circumstances be construed as legal and/or business advice or a legal
opinion. Members are encouraged to seek independent professional advice in such
situations.
6.
LIMITATION OF LIABILITY
6.1 TO THE MAXIMUM
EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, AND C333.EU 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 OR NON-INFRINGEMENT. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED.
6.2 TO THE MAXIMUM
EXTENT PERMITTED BY LAW, C333.EU MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR
CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES.
6.3 Any material
downloaded or otherwise obtained through the access to or use of the Sites or
Service is done at each Member's sole discretion and risk and each Member is
solely responsible for any damage to its computer system or any loss of data
that results from the download of any such material. No advice or information,
whether oral or written, obtained by any Member from C333.eu or through or from
the Service shall create any warranty not expressly stated in this Agreement.
6.4 The Sites may
make available to User services or products provided by independent third
parties. No warranty or representation is made with regard to such
services or products. In no event shall C333.eu or its affiliates
be held liable for any such services or products.
6.5 Under no
circumstances shall C333.eu be held liable for an delay or failure or
disruption of the Service resulting directly or indirectly from acts of nature,
forces or causes beyond its 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.
6.6 To the extent
permitted by law, C333.eu 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 or
otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Service;
b) any defect in goods, samples, data, information or
services purchased or obtained from a Member or a third-party service provider
through the Sites;
c) unauthorized access by third parties to data or
private information of any Member;
d) statements or conduct of any user of the Sites; or
e) any other matter relating to the Sites or Service
however arising, including negligence.
6.7 Notwithstanding
any of the foregoing provisions, the aggregate liability of C333.eu, its
employees, agents, affiliates, representatives or anyone acting on its behalf
with respect to each Member for all claims arising from the access to or use of
the Service or the Sites during any calendar year shall be limited to €50. The preceding sentence shall not preclude the
requirement by the Member to prove actual damages. All claims arising from the
use of the Service must be filed within either one (1) year from the date the
cause of action arose or such longer period as prescribed under the applicable
law governing this Agreement.
PRIVACY
Please review the following policies to know how we
use and protect your personal information when you use Services of the relevant
Site:
for Users who access or use Sites relating to the C333
e-commerce platform, the C333.eu
Privacy Policy,
(collectively, the “Privacy Policy”).
7.
INTELLECTUAL PROPERTY RIGHTS
7.1 C333.eu is the
sole owner or lawful licensee of all the rights to the Service. The Service
embodies trade secrets and intellectual property rights protected under
worldwide copyright and other laws. All title, ownership and intellectual
property rights in the Service shall remain with C333.eu, its affiliates or
licensors, as the case may be. All rights not otherwise claimed under this
Agreement or by C333.eu are hereby reserved.
7.2
"C333", "C333.EU" and related icons and logos are
registered trademarks or trademarks or service marks of C333 Group Limited, and
"GOLD SUPPLIER", "TRUSTPASS" and related icons and logos
are registered trademarks or trademarks or service marks of C333.eu Limited 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.
8. GENERAL
8.1 This Agreement
and the Terms of Use constitute the entire agreement between the Member and
C333.eu with respect to and governs the use of the Service, superseding any
prior written or oral agreements in relation to the same subject matter herein.
8.2 C333.eu and
the Member are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement.
8.3 If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
8.4 Headings are
for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section.
8.5 C333.eu's
failure to enforce any right or failure to act with respect to any breach by a
Member under this Agreement will not waive that right nor waive C333.eu's right
to act with respect with subsequent or similar breaches.
8.6 C333.eu shall
have the right to assign this Agreement (including all of its rights, titles,
benefits, interests, and obligations and duties in this Agreement) to any
person or entity (including any affiliates of C333.eu). The Member may not
assign, in whole or part, this Agreement to any person or entity.
8.7 THIS AGREEMENT
SHALL BE GOVERNED BY THE LAWS OF EUROPEAN UNION (“EU”) AND THE PARTIES TO THIS
AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE EU COURTS.
8.8 If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.