PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
Welcome to www.Atop Deals INC! These terms and conditions are applicable to your access and use of the website. This document is a legally binding agreement between you as the user(s) of the website (referred to as “you”, “your” or “User” hereinafter) and the Atop Deals INC entity listed in clause 2.1 below (referred to as “we”, “our” or “Atop Deals INC” hereinafter).
- Application and Acceptance of the Terms
- Your use of the website and Atop Deals INC services, is subject to the terms and conditions contained in this document as well as the Privacy Policy, and any other rules and policies of the website that Atop Deals INC may publish from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing the website or using the Services, you agree to accept and be bound by the Terms. Please do not use our services or the website if you do not accept all of the Terms.
- You acknowledge and agree that Atop Deals INC may amend any Terms from time to time by posting the relevant amended and restated Terms on the website. By continuing to use of our Services or the website, you agree that the amended Terms and will be applied to you.
- You may be required to enter into a separate agreement, whether online or offline, with Atop Deals INC for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- Provision of Services
- You must register as a member on the website in order to access and use our Services. Further, Atop Deals INC reserves the right, without prior notice, to restrict access or use of certain Services (or any features within the Services) to Users or subject to other conditions that Atop Deals INC may impose in our discretion.
- Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for the Users. Atop Deals INC may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to the different Users.
- Users Generally
- As a condition of your access to and use of the website or Services, you agree that you will comply with all applicable laws and regulations when using the website or Services.
- You agree to use the website or Services solely for your own private and internal purposes. You agree that:
- You will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the website (the “Site Content”), and
- You will not copy, reproduce, download, compile or otherwise use any website content for the purposes of operating a business that competes with Atop Deals INC, or otherwise commercially exploiting the website Content. Systematic retrieval of website Content from the websites 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 Atop Deals INC is prohibited. Use of any content or materials of the website for any purpose not expressly permitted in the Terms is prohibited.
- You must read Atop Deals INC’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Atop Deals INC. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
- Member Accounts
- User must be registered on the website to access or use the Services (a registered User is also referred to as a “Member” below). Except with Atop Deals INC approval, one User may only register one member account on the website. Atop Deals INC may cancel or terminate a User’s member account if Atop Deals INC has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, Atop Deals INC may reject User’s application for registration for any reason.
- Upon registration on the website, Atop Deals INC shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User.
- A set of Member ID and Password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and Password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or Password by another person outside of the Member’s own business entity. Member agrees to notify Atop Deals INC immediately if you become aware of any unauthorized use of your Member ID and Password or your account or any other breach of security of your account.
- Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
- Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to Atop Deals INC or other Users of the website. Member shall indemnify Atop Deals INC, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, Atop Deals INC shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
- Member’s Responsibilities
- Each Member represents, warrants and agrees that:
- You have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder;
- You use the website and Services for business purposes only; and
- The address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
- Upon becoming a Member, you consent to the inclusion of the contact information about you in our Buyer Database and authorize Atop Deals INC to share the contact information with other Users or otherwise use your personal information in accordance with our Privacy Policy.
- Each Member represents, warrants and agrees that
- You shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display;
- Any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and
- You have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.
- Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- Be true, accurate, complete and lawful;
- Not be false, misleading or deceptive;
- Not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
- Not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- Not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
- Each Member further represents, warrants and agrees that you shall:
- Carry on your activities on the Sites in compliance with any applicable laws and regulations;
- Conduct your business transactions with other users of the Sites in good faith;
- Carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- Not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- Not engage in spamming or phishing;
- Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities;
- Not involve attempts to copy, reproduce, exploit or expropriate Atop Deals INC various proprietary directories, databases and listings;
- Not 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;
- not involve any scheme to undermine the integrity of the data, systems or networks used by Atop Deals INC and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
- Not engage in any activities that would otherwise create any liability for Atop Deals INC
- If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to
- Act as your business referee;
- Post and publish their contact details and information, reference letters and comments on their behalf; and
- That third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
- Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Atop Deals INC provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service Atop Deals INC shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- Member acknowledges and agrees that Atop Deals INC shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Atop Deals INC 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
- Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
- Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
- Breaches by Members
- Atop Deals INC reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Atop Deals INC to liability, or is otherwise found inappropriate in Atop Deals INC’s opinion.
- If any Member breaches any Terms or if Atop Deals INC has reasonable grounds to believe that any Member is in breach of any the Terms, Atop Deals INC shall have the right to impose a penalty against the Member, or suspend or terminate the Member’s account or subscription of any Service without any liability to the Member. Atop Deals INC shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Atop Deals INC. The penalties that Atop Deals INC may impose include, among others, warning, removing any product listing or other User Content that the Member has submitted, posted or displayed, imposing restrictions on the number of product listings that the Member may post or display, or imposing restrictions on the Member’s use of any features or functions of any Service for such period as Atop Deals INC may consider appropriate in our sole discretion.
- Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- upon complaint or claim from any third party, Atop Deals INC has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
- Atop Deals INC has reasonable grounds to suspect that such Member has used stolen information or other false or misleading information in any transaction with a counter party,
- Atop Deals INC has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
- Atop Deals INC believes that the Member’s actions may cause financial loss or legal liability to Atop Deals INC or our affiliates or any other Users.
- Atop Deals INC 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. Further, Atop Deals INC 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. Atop Deals INC shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Atop Deals INC for such disclosure.
- Atop Deals INC may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if Atop Deals INC has received notice that the Member is in breach of any agreement.
- Each Member agrees to indemnify Atop Deals INC, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
- Each Member further agrees that Atop Deals INC is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Atop Deals INC reserves the right, at our 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 Atop Deals INC in asserting any available defenses.
- Limitation of Liability
- To the maximum extent permitted by law, the services provided by Atop Deals INC on or through the website are provided "as is", "as available" and “with all faults”, and Atop Deals INC 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. All such warranties, representations, conditions, and undertakings are hereby excluded to the maximum extent permitted by law.
- Atop Deals INC makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or on updates of any information provided on or through the website. Atop Deals INC does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the sites does not violate any third party rights. Atop Deals INC makes no representations or warranties of any kind concerning any product or service offered or displayed on the website.
- Any material downloaded or otherwise obtained through the website is done at each User's sole discretion and risk and each User is solely responsible for any damage to Atop Deals INC’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Atop Deals INC or through or from the Sites shall create any warranty not expressly stated herein.
- The website 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 Atop Deals INC be held liable for any such services or products.
- Each User hereby agrees to indemnify and save Atop Deals INC, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Atop Deals INC, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Atop Deals INC
- Each User hereby further agrees to indemnify and save Atop Deals INC, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that Atop Deals INC is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Atop Deals INC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Atop Deals INC in asserting any available defenses.
- Atop Deals INC 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, equity or otherwise or any other damages resulting from any of the following.
- The use or the inability to use the Sites or Services;
- Any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
- ) violation of Third Party Rights or claims or demands that User's 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; or 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;
- Unauthorized access by third parties to data or private information of any User;
- Statements or conduct of any User of the Sites; or;
- Force Majeure
- Under no circumstances shall Atop Deals INC be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our 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.
- Intellectual Property Rights
- Atop Deals INC is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with Atop Deals INC, licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by Atop Deals INC are hereby reserved.
