Asian Metal--About Us

TERMS AND CONDITIONS OF USE

NOTICE: Use of this website is conditional upon the terms stipulated below.

Introduction

Please read these terms and conditions carefully before using the site operated by Asian Metal. By accessing or using the site you (meaning yourself and any company or other entity for whom you work or otherwise represent) agree to be legally bound by these Terms as they may be modified and posted on the site from time to time. You accept and agree to these Terms as they apply to your use of the site.

Nature of the Site

This site includes online information related to the metal industry such as shipping freight rates, import tariffs, general industry news, a directory of members, a chat room/bulletin board and a market place where member companies can post offers and bids and negotiate contracts for the sale of specialty metals, ferroalloys and metallic minerals and other related content. The information and content on this site does not constitute professional investment or other advice. All details of goods or services for sale or purchase set out on this site are invitations to treat made by the entity specified and are neither an invitation to treat nor an offer by Asian Metal unless the contrary is indicated. It is strongly recommended that you seek specific advice from a suitably qualified person before embarking on any course of action in reliance upon any information contained in or obtained from any part of the site. Asian Metal does not represent or warrant that the information contained in the site, or accessible via the site (including but not limited to the shipping freight rates and import tariffs displayed on the site), is accurate, complete or current. Asian Metal gives no endorsement of any information contained in the site or accessible via the site. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, and other information provided on the site.

Applicability of Online Materials

This site is controlled and operated by Asian Metal from its offices in Beijing. We make no representations that the site or any contents on it are appropriate or available for use in other locations. Those who visit the site from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

Modifications to Offering

Asian Metal reserves the absolute rights to alter, suspend, withdraw or discontinue without notice any aspect of the site or the information including your access to it. Unless explicitly stated any new features or information on the site shall be subject to these Terms.

Liability

Asian Metal does not make any representations and does not give any warranties as to the ownership or other rights in, or the satisfactory quality and fitness for a particular purpose of, any goods or services referred to at any time on the site. As mentioned above, unless otherwise indicated all goods or services offered or made available for sale or purchase on the Site are offered or made available by the entity specified and not by Asian Metal and the purchaser or seller must obtain any warranties it requires directly from such entity. Asian Metal will not be liable under any circumstances whatsoever (whether in contract, negligence or any other tort, breach of statutory duty or otherwise) for any loss of profits, income, business interruption, loss of business information or for increase in any costs, liabilities or expenses or any other loss whatsoever and however arising directly or indirectly out of or in connection with or relating to the site and, except in the case of personal injury or death caused by the negligence of Asian Metal, Asian Metal shall not be liable for any use which you make of the site.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the site and is compatible with the site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Subject always to Asian Metal’s rights below, you may place new information on the site only where and as permitted by Asian Metal from time to time. You may not post or transmit, 1) any information which is objectionable including, without limitation, information which is defamatory, obscene, abusive, threatening, unlawful, untrue, inaccurate or misleading or which is in breach of any applicable laws, rules, regulations or market conventions (including, without limitation, securities and futures regulations) and/or, 2) any information which is in breach of any persons rights (including, without limitation, copyright), and/or 3) any information or software which contains a virus, cancelbot, trojan horse, worm or is otherwise harmful.

You understand and expressly agree that use of the site and information is at your sole risk, that any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk and that you will be solely responsible for any damage to, or infection or corruption of, any computer system whatsoever or any loss of data whatsoever which in any way results from the downloading of such material and/or data.

Copyright and Monitoring

The contents of the Site are protected by international copyright laws and other intellectual property rights. The owners of these rights are Asian Metal or third party licensors. All product and company names and logos mentioned on or on the Site may be trade marks, service marks or trading names of their respective owners, including AsianMetal. Except in the case of information you have placed on the site, you may not post, publish, transmit, distribute, reproduce, disseminate, store in any form of electronic retrieval system, incorporate in any other work (whether in electronic or hard copy) or in any way exploit any information on the site except with the consent of or as expressly permitted by the copyright holder or the proprietor of any other intellectual property right or rights.

Indemnity

You agree to indemnify Asian Metal against all liabilities, costs, claims or expenses which Asian Metal may suffer arising out of any breach or non-observance by you of any of these Terms, any use you may make of the services including, without limitation, your posting of any information on the site, the services or any message transmitted by you on the site.

Registration

If you wish, you may apply to become a registered user of the site. Asian Metal has absolute discretion as to the acceptance of registration applications. In order to complete the registration process, Asian Metal requires you to enter a user name and password, which you will have to submit each time you enter the site. You must ensure that any information you provide as part of the registration process is accurate and complete and that its provision and content does not contravene any applicable law or any third party rights.

Should you become a registered user, you will continue to be bound by the provisions of these Terms, as amended from time to time, and by registering yourself as a user, you are deemed to accept these Terms as amended from time to time. Asian Metal will treat any information you provide in order to register yourself as a user with confidence. However, Asian Metal does not give any warranties as to the security of the site, and all information you supply to Asian Metal is supplied at your own risk and subject to these Terms.

Directory

The site includes a directory of members. On or after registration as a registered user, you may post personalized directory information about yourself on the site (subject to condition 5, paragraph 3) subject to acceptance by us and subject to payment of the relevant fee for inclusion in the directory. For details of the different types of directory entry and the rates please see the Directory section of the site. You may access general directory information however without being a registered user.

Market Place

The site provides a market place for the sale of specialty metals, ferroalloys, metallic minerals and similar goods for registered users only. Asian Metal is not a party to any transaction entered into between registered users and does not act as principal or underwrite any such transactions. Asian Metal’s function is the provision of the site and the transmission of electronic invitations to treat, offers, bids and confirmations of each contract made between registered users. Asian Metal cannot guarantee that the site will not have down time which will prevent you from communicating with other registered users or otherwise using or accessing the site. All disputes arising between you and other registered users shall be a matter for you and that entity alone and Asian Metal shall have no obligation to resolve the dispute. All decision and trade disputes arising between registered users on the basis of inter alia the shipping freight rates and import tariffs displayed on this Site should be taken up with relevant authority.

Chat Room & Bulletin Board

If you are a registered user you may submit notes, messages, bulletin boards postings, ideas, suggestions, concepts or other material to us for publication on the site. All content submitted by you to us must comply with condition 5 paragraph 3 above and not advertize or otherwise solicit for funds or goods or services. We have the right to monitor content and may edit, reject or remove content if we believe it does not comply with the above or is the subject of a complaint. All content submitted to us will become the property of Asian Metal throughout the world except any portion of the material that is personal information.

Linked Sites

Asian Metal may provide hypertext links to sites on the Internet which are operated by other people who we believe offer services and/or products which complement those offered by us and we make no representations whatsoever about any other site(s) which you may access through this site or which may link to the site. When you access any other site you understand that it is independent from the site and that we have no control over the content or availability of that site. In addition, a link to any other site does not mean that Asian Metal endorses or accepts any responsibility for the content, or the use of, such a site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external link to any third party site should be directed to the site operator.

Availability of the Site

We will endeavor to make the site available but cannot guarantee that the site will operate continuously or without interruptions or be error free. You agree not to attempt to interfere with the proper working of the site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, site, router or any other internet connected device. All conditions, warranties or representations, whether express or implied, as to the content, operation or supply of the services provided by the site are expressly excluded to the fullest extent permissible by law.

General

We may assign or subcontract any or all of our rights and obligations under these Terms. We may alter these Terms from time to time and post the new version on the site, following which all use of the site will be governed by that version.

If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

These Terms and your use of the site are governed by Chinese law in the jurisdiction of the Chinese courts selected by AsianMetal.

Notices

All notices shall be given by e-mail to info@asianmetal.com or to you at either the email or postal address you provide during the registration process. Notice will be deemed received 24 hours after email is sent or 3 days after the date of posting.