Term of Use | kalatrade

Terms of Use


This Terms of Use Agreement (the "Agreement")describes the terms and conditions applicable to your use of the KalaTrade web site which is identified by the uniform resource locator www.kalatrade.com (the "Site"). This Agreement is entered into between you as the user of the Site (the "User") and KalaTrade Network, Inc ("KalaTrade").

  • 1) Application of 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 such User has registered with KalaTrade as a registered user or whether such User is a paying customer for a specific service provided by KalaTrade.
    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

    This Agreement applies to each Premium Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Premium Service provided.

    KalaTrade may amend this Agreement at any time by posting the amended and restated Agreement on the Site. 
     

  • 2) Premium Services
    2.1

    Access to the Site and certain of its features are provided to all Users free of charge.
    However, KalaTrade reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Premium Services") to paying Users or Users who undergo a specific registration process.
    Access to and use of these Premium Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.

    2.2

    KalaTrade reserves the right to deny Premium Services to any User for whatever reason in order to protect KalaTrade's interests.

  • 3) Users Generally
    3.1

    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 "KalaTrade Content") for the purpose of re-selling or re-distributing the KalaTrade Content, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with KalaTrade, or otherwise commercially exploiting the KalaTrade Content. 

     

    3.2

    KalaTrade 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. 
     

    3.3

    Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.5 below.

     
    3.4

    We urge that you read KalaTrade's Privacy Policy which governs the protection and use of each User's information in KalaTrade's possession.
     

  • 4) Registered Users
    4.1

    Each User who has filled out an on-line registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of KalaTrade (a "Registered User").
    KalaTrade will establish an account ("Account") for each Registered User and each Registered User Is assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.

    4.2

    KalaTrade may assign the account with limited storage space for the User to send or receive inquiries.
    The User shall be responsible for all users and the content of all the messages communicated through the Account, as well as the consequences of any such message.

    4.3

    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 KalaTrade 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.

    4.4

    By becoming a Registered User, you consent to the inclusion of your personal data in our Gold Buyer Database and authorize KalaTrade to share such information with other Users and KalaTrade's affiliates, directors, officers or employees.

    4.5

    KalaTrade 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 KalaTrade's determination, there is any breach of the provisions of this Agreement by the Registered User; or
    (b) KalaTrade has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or
    (c) KalaTrade believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, KalaTrade's other Users, or KalaTrade or its affiliates

    4.6

    The Registered User shall not use the Account for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature.

  • 5) Users Who Post Information on KalaTrade
    5.1

    You must be a Registered User in order to post information on the Site using the self-help submit and edit tools provided through the Site.
    Your status as a Registered User is governed by the provisions of Section 4 above.

    5.2

    No sales agency relationship is created between any User and KalaTrade, our affiliates, directors, officers or employees by virtue of KalaTrade's display of any of the User's information on the Site.

    5.3

    Each User hereby represents, warrants and agrees that information submitted to KalaTrade for display on the Site 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 Users of the Site or for any other unlawful purpose;
    (c) relate to sale of products or services that 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 or privacy;
    (d) violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    (e) be defamatory, libelous, unlawfully threatening or unlawfully harassing;
    (f) be 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;
    (g) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    (h) 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;
    (i) solicit business from any Users in connection with a commercial activity that competes with KalaTrade;
    (j) contain 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;
    (k) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or
    (l) otherwise create any liability for KalaTrade or its affiliates.

  • 6) Transactions between Buyers and Suppliers
    6.1

    Through the Site, KalaTrade provides an electronic web-based platform for exchanging information between buyers and suppliers of products and services.
    KalaTrade does not represent the seller nor the buyer in specific transactions and does not charge any commissions from completing any transactions, unless otherwise stated by KalaTrade. As a result, KalaTrade 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.

    6.2

    Users are hereby made aware that there may be risks of dealing with people acting under false pretences.
    KalaTrade uses several techniques to verify the accuracy of the information our users provide us when they register on the Site.
    However, because user verification on the Internet is difficult, KalaTrade cannot and does not confirm each User's purported identity (including, without limitation, KalaTrade Paid Members).
    We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

    6.3

    Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but are 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 User agrees that KalaTrade shall not be liable or responsible for any damages that may arise a result of or in connection with any Transaction Risks.

    6.4

    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, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

    6.5

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

  • 7) Intellectual Property Rights
    7.1

    KalaTrade is the sole owner or lawful licensee of all the rights to the Site and the KalaTrade Content.
    The Site and KalaTrade Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws.
    All title, ownership and intellectual property rights in the Site and KalaTrade Content shall remain with KalaTrade, its affiliates or licensors of the KalaTrade Content, as the case may be.
    All rights not otherwise claimed under this Agreement or by KalaTrade are hereby reserved.

    7.2

    "KalaTrade", "KalaTrade.net," "Premium Services" and related icons and logos are registered trademarks or trademarks or service marks of KalaTrade Network, Inc 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 KalaTrade's Privacy Policy and KalaTrade's Anti Spam Policy constitute the entire agreement between the User and KalaTrade with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

    8.2

    KalaTrade and the User 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 herein 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

    KalaTrade's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives KalaTrade's right to act with respect with subsequent or similar breaches.

    8.6

    KalaTrade shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.

    8.7

    This Agreement shall be governed by the laws of the location of KalaTrade Headquater without regard to its conflict of law provisions. 
    The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of the location of KalaTrade Headquater.