Release date:2010-10-01 00:00
Please review the following terms and policies carefully as they are the terms of sale that govern your purchases at onlyda.com (hereinafter known as onlyda). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order at onlyda constitutes your agreement that these policies apply to the order, so be certain you understand them prior to placing your order.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Application and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered on the Site as a registered User or whether said User is a paying customer for a specific service provided by onlyda.com or any of its affiliates. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
1.3 onlyda.com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by onlyda.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of onlyda.com. onlyda.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.
1.4 When you visit onlyda.com or send customer requests (Customer Service Express Tickets) to onlyda.com, you are communicating with onlyda.com electronically. You consent to receive communications from onlyda.com electronically. onlyda.com will communicate with you by e-mail or by posting notices on this site.
1.5 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with onlyda.com, or (b) 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.
2. Users Generally.
2.1 User must be registered on the Site to access or use some Services. Except with onlyda.com’s approval, one User may only register one member account on the Site. onlyda.com may cancel or terminate a User’s member account if onlyda.com has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, onlyda.com may reject User’s application for registration for any reason.
2.2 Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "onlyda.com Content") for the purpose of re-selling or re-distributing the onlyda.com Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with onlyda.com, or otherwise commercially exploiting the onlyda.com Content. Systematic retrieval of onlyda.com Content from this 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 onlyda.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
2.3 Some of the onlyda.com Content displayed on this Site is provided or posted by third parties ("Third Party Content"). onlyda.com is not the author of Third-Party Content, whether contributed by anonymous users or registered users. Any Third Party Content is the sole responsibility of the party who provided the content. onlyda.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. In addition, onlyda.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
2.4 onlyda.com may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. User acknowledges that onlyda.com has no control over such third party's web site, does not monitor such sites, and onlyda.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
2.5 onlyda.com reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall onlyda.com be liable to the User or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
2.6 No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by onlyda.com and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks.
2.8 As a condition of your access to and use of onlyda.com, you agree that you will not use the onlyda.com service to infringe the intellectual property rights or other legitimate rights of others in any way. onlyda.com and/or its affiliates will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, onlyda.com and/or its affiliates reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the onlyda.com service, or if onlyda.com believes that User's conduct is harmful to the interests of onlyda.com, its affiliates, or other users, or for any other reason in onlyda.com's sole discretion, with or without cause.
3. Registered Users
3.1 Each User who has completed and submitted a registration form either online on the Site or offline by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) to onlyda.com or another onlyda.com group company providing the relevant specific services is a registered user of the Site (a "Registered User"). An account ("Account") will be established for each Registered User and each Registered User will be assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
3.2 If the Registered User is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to onlyda.com and its affiliates during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
3.3 By becoming a Registered User, you consent to the inclusion of your personal data in our Buyer Database. onlyda may send emails to you or contact you otherwise through your personal data with whatever information onlyda would like to convey to you.
3.4 onlyda.com or its affiliates may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided however, that notice is not required for such termination if (a) in onlyda.com's determination, there is any breach of the provisions of this Agreement by the Registered User, or (b) onlyda.com has reasonable grounds to suspect that any information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) onlyda.com believes that the Registered User's actions may cause financial loss or legal liability to such Registered User.
3.5 A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of onlyda.com. onlyda.com may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
3.6 Notwithstanding Section 3.1 above, onlyda.com may refuse registration and deny the issuance of an Account and associated User ID and Password to any User for whatever reason.
4. Relationship among Buyers, onlyda and Suppliers
4.1 onlyda is an online agent for all Buyers, collecting purchase orders from the Buyers, to reinforce its price negotiation advantage against the Suppliers. It acts on behalf of the Buyers to purchase the products designated by the Buyers. Through the Site, onlyda.com provides an electronic web-based platform for displaying the products information and other common terms and conditions of the transactions provided by the Suppliers. Any Sellers who are interested in listing their products on Site are encouraged to contact our promotion agent according to the following contact: http://seller.tradeglobals.com:8089/Account/Login.aspx?ReturnUrl=%2f
4.2 Despite the provision of the platform through the Site, onlyda.com does not represent the Supplier in specific transactions via the Site. No sales agency relationship is created between any Supplier and onlyda.com, our affiliates, directors, officers or employees by virtue of onlyda.com's display of any of products supplied by the sellers. The sales contract is entered in to between the Buyer and the Supplier.
4.3 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. onlyda.com has very strict systems in selecting reliable suppliers. onlyda.com cannot control and is not liable to or responsible for the availability of the products or services offered for sale displayed on the Site. Therefore onlyda will not and cannot warrant to the Buyers that the purchase orders placed through the Site will be eventually fulfilled and there are situations that the Suppliers may have ceased to provide such products or provide such products at a different price in which situationsthe payment paid by the Buyer to our Bank Account (Paypal, Credit Card or other payment method the Buyer has used to pay) will be returned to the Buyers or will be adjusted in such manner acceptable to the Buyers.
4.4 The risks of purchase transactions when using the Site to conduct transactions shall include misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, delay or default in delivery, cost miscalculations and transportation accidents. All of the foregoing risks are hereafter referred to as "Transaction Risks." All items purchased from onlyda.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to user upon our delivery to the carrier. But when user submit the issues that may arise as result of or in connection with the transaction risks on the website, we will help user to solve the problem in due course per user's requirement
4.5 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 Site, including, without limitation, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In case the terms and conditions of the Transactions have been changed and such change is notified to onlyda by some specific Suppliers, onlyda will post such amended terms of conditions on the Site. The mere obligation of onlyda is to display such terms and conditions of the transactions subject to amendment by the Suppliers from time to time. There may be situations that the Buyers have placed orders while the terms and conditions of the transactions are changed. onlyda.com will, as instructed by the seller, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
4.6 Except where noted otherwise, the List Price displayed for products on the Site represents the price suggested by the supplier. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold on the Site, onlyda.com cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in the catalog may be mispriced. If an item's correct price is higher than the stated price, onlyda.com will, as instructed by the seller, cancel your order, notify you of such cancellation and make necessary compensation to you after friendly consultation with you.
4.7 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify onlyda.com (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.
5. Intellectual Property Rights (IPR) Protection Policy
5.1 onlyda.com respects the intellectual property rights of others, and we expect our users to do the same. Unauthorized use of another party's materials and trademarks are dealt with severely on our website.
5.2 onlyda will request each seller to ensure that listing of counterfeits, non-licensed replicas, or unauthorized products such as counterfeit designer garment, watches, handbags, sunglasses or other accessories is strictly prohibited on onlyda.com, and no products can be displayed on onlyda.com without the explicit permission from the intellectual property right holder. Branded products are permitted to be displayed on onlyda.com if a certificate of authorization has been issued by the brand owner.
5.3 Repeat violations of our IPR policy may result in a range of actions, including Removal of listing(s). The following actions are used as a deterrent against infringement of IPR:
Voluntary review and removal of listings that appear to offer counterfeit, non-licensed replicas or unauthorized items
Prompt removal of listing(s) when an intellectual property infringement claim is filed by the trademark holder against any seller who are the suppliers of such listed products;
Written notification with appropriate reason(s) given to sellers who have their product(s) removed on onlyda.com for suspicion of infringing the IPR of others
Written notification to sellers whose products are claimed to infringe on other's IPR. Parties involved will have equal opportunities to respond to such charges.
Termination, when appropriate, of the listings of the sellers who are repeat offenders
With millions of Users trading on onlyda.com each day, we expect each and every seller to behave responsibly.
We request those who assert claims of infringement to stand behind their claims. By submitting a report of alleged infringement to onlyda.com, you agree to indemnify onlyda.com against claims or damages arising from the removal of the listing.