These Buying Request Enhanced Services Terms and Conditions (these “Terms”) govern the Enhanced Services (the ”Buying Request Enhanced Services”) offered to you by GenuineOrders.com (as defined below) pursuant to your Buying Requests made on the GenuineOrders.com international website (URL: http://www.genuineorders.com, the “GenuineOrders.com Website”). BY CLICKING “AGREE” OR OTHERWISE ACCEPTING THESE TERMS OR BY SUBMITTING YOUR APPLICATION FOR OR CONTINUING WITH YOUR SUBSCRIPTION FOR THE BUYING REQUEST ENHANCED SERVICES, YOU INDICATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
1. ACCEPTANCE
You agree and accept that, in addition to these Terms, your application and use of the Buying Request Enhanced Services is bound by any and all of the rules, polices, privacy policy and terms of use of as published on the GenuineOrders.com Website and as may be amended from time to time, including Terms and Conditions Governing Buyer Request collectively, the “Website Terms”) You agree to comply with such Website Term at all times.
2. BUYING REQUEST ENHANCED SERVICES
The Buying Request Enhanced Services is aimed at providing certain value-added services to support and facilitate the purchase of products transacted through GenuineOrders.com and accordingly enhancing your customer experience. The Buying Request Enhanced Services comprises the following functions (which may be added to or modified, or suspended for whatsoever reason, from time to time at the sole discretion of GenuineOrders.com):
(A) “Urgent Request” - allows members’ buying requests to be tagged as “Paid RFQ” and displayed prominently on the dedicated “Buying Request” channel of the GenuineOrders Website, until the earlier of 3 days from the time the relevant buying request is submitted and the time which member has received 10 quotes in respect of such buying request. This seeks to promote the request by allowing them to be easily accessed by suppliers of GenuineOrders.com.
(B) “Extra Quotes” – allows each member to receive up to 20 quotes in respect of each buying request submitted. In addition, such buying request would also be tagged as “Paid RFQ” on the dedicated “Buying Request” channel of the GenuineOrders Website. This seeks to increase the pool of potential suppliers which members are able to choose from in respect of each buying request submitted. GenuineOrders.com does not guarantee that each submitted buying request would be able receive the maximum of 20 quotes as this would also be subject to the response of suppliers on GenuineOrders.com.
3. ELIGIBILITY
Your eligibility to sign up for the Buying Request Enhanced Services is conditioned upon your fulfillment of all of the following conditions:
(i) Are registered as a free member on the GenuineOrders.com Website; and
(ii) You have clicked and agreed to all the terms and conditions of these Terms.
4. SERVICE PERIOD, FEES AND PAYMENT
4.1 The service period in respect of any Buying Request Enhanced Service shall be the period as specified in respect of each specific enhanced service as prescribed in Clause 2 of these Terms.
4.2 These Terms will expire on the day when all the service periods expire unless earlier terminated according to the terms herein.
4.3 All service fees shall be payable in advance to GenuineOrders.com by wire transfer, debit card, third-party payment system or such other method acceptable to GenuineOrders.com. All payments made are non-refundable.
4.4 All services fees are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any such taxes, duties, levies or charges on the sale and use of the Buying Request Enhanced Services in addition to our service fees. In the event GenuineOrders.com is required by any applicable law to collect any taxes or duties, you agree to pay such taxes or duties to GenuineOrders.com.
5. RIGHTS AND OBLIGATIONS
GenuineOrders.com shall have the right to at any time (a) reject any subscription for the Buying Request Enhanced Services or (b) cease to provide the Buying Request Enhanced Services to you, at its sole discretion.
6. AMENDMENTS AND CESSATION
GenuineOrders.com reserves the right to temporarily or permanently change, upgrade, modify, limit, suspend, or cease the provision of the Buying Request Enhanced Services or any of its related functionalities at any time in its sole discretion without any liability for any direct or indirect losses, damages, claims or liabilities that may result there from. GenuineOrders.com further reserves the right to introduce new features or functionalities to the Buying Request Enhanced Services or to future versions of the Buying Request Enhanced Services. All new features, functionalities, modifications, upgrades and alterations shall be governed by these Terms, unless otherwise stated by GenuineOrders.com.
7. ACKNOWLEDGEMENT AND UNDERTAKING
You agree and undertake that you will:
(i) not submit any untrue, falsified, incorrect, incomplete, misleading, fraudulent, or unlawful information to GenuineOrders.com in connection with your application or use of the Buying Request Enhanced Services; you will also immediately notify GenuineOrders.com should any provided information change after you have made your application or successfully subscribed for the Buying Request Enhanced Services;
(ii) Not copy, reproduce, exploit or expropriate the various proprietary directories, databases and listings of GenuineOrders.com
(iii) Carry on activities on the GenuineOrders.com Website in compliance with all applicable laws and regulations and will not use the Buying Request Enhanced Services to defraud users of the GenuineOrders.com Website or for other unlawful purposes;
(iv) Not use or distribute any computer viruses or other destructive devices and codes that may harm, interfere with, intercept or expropriate any software or hardware system, data or personal information;
(v) Not gain or attempt to gain authorized access to the computer systems or networks used by GenuineOrders.com or engage in any other activities that may harm the integrity of such computer systems or networks; and
(vi) Not submit or provide any information to GenuineOrders.com that directly or indirectly infringe the intellectual property rights of any third party.
8. REPRESENTATIONS, WARRANTIES AND COVENANTS
8.1 You represent, warrant and covenant (as applicable) to GenuineOrders.com that each of the statement contained in this Clause 8 is true, accurate, complete and not misleading in all respects and will continue to be so until your cessation of use of the Buying Request Enhanced Services:
(i) You have fulfilled all of the conditions set forth in Clause 3;
(ii) Any and all information you provided to GenuineOrders.com pursuant to your application for and use of the Buying Request Enhanced Services is true, accurate, complete, lawful and valid;
(iii) You have and will continue to, at all times during your use of the Buying Request Enhanced Services, abide by the Terms and all the Website Terms;
(iv) You will not infringe the legitimate rights of any third parties, including but not limited to the intellectual property rights, property ownership right and any third parties pursuant to your use of the Buying Request Enhanced Services; and
(v) You agree to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for GenuineOrders.com’s performance of the Buying Request Enhanced Services. If your failure to do so results in delay in the provision of any Buying Request Enhanced Service, GenuineOrders.com shall not be obligated to extend the expiry date of the relevant service period nor shall be liable for any loss or damage arising from such delay.
(vi) Your use of the Buying Request Enhanced Services complies or will comply with any and all applicable laws and regulations in any applicable jurisdiction.
8.2 GenuineOrders.com warrants to you that it will provide the Buying Request Enhanced Services with reasonable care and skill. If GenuineOrders.com breaches this Clause 8.2, GenuineOrders.com shall re-perform the affected part of the Buying Request Enhanced Services. TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDY UNDER THIS CLAUSE 8.2 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF GENUINEORDERS.COM’S WARRANTIES UNDER THESE TERMS.
9. INDEMNIFICATION
You agree to effectually indemnify GenuineOrders.com and its affiliates and each of their respective employees, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your breach of any of the terms of these Terms pursuant to your use of the Buying Request Enhanced Services and claims from third parties in connection with your usage of the Buying Request Enhanced Services. GenuineOrders.com reserves the right, at its 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 GenuineOrders.com in asserting any available defenses.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, GENUINEORDERS.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF DATA, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWSIE, ARISING FROM THE USE OR INABILITY TO YOUR USE OF THE BUYING REQUEST ENHANCED SERVICES.
11. TERMINATION
11.1 If any of the following circumstances occurs, GenuineOrders.com shall have the right to terminate these Terms immediately at such time deemed appropriate by GenuineOrders.com acting in its sole discretion upon written notice to you:
(i) GenuineOrders.com has reasonable grounds to believe that you use the Buying Request Enhanced Services for any fraudulent or other unlawful purpose;
(ii) You sell any business information related to the supplier which are obtained by you as a result of use of the Buying Request Enhanced Services; and
(iii) You are involved in any scheme or activities to undermine the integrity or normal operation of the computer systems or networks of the GenuineOrders.com Website (including gaining unauthorized access to the systems of the GenuineOrders.com Website, stealing, modifying or deleting the information of other members of the GenuineOrders.com Website without authorization).
12. FORCE MAJEURE
Under no circumstances shall GenuineOrders.com be held liable for any delay or failure or disruption of the Buying Request Enhanced Services resulting directly or indirectly from acts of nature, forces or causes whatsoever outside its reasonable control (including without limitation, events such as acts of God, Internet failure, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, terrorism, war, governmental actions, orders of domestic or foreign courts or tribunals).
13. DISCLAIMER
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE FULL EXTENT PERMITTED BY LAW, THE BUYING REQUEST ENHANCED SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND GENUINEORDERS.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF QUALITY, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
IN PARTICULAR, GENUINEORDERS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE QUALITY AND LEVEL OF BUYING REQUEST ENHANCED SERVICES WHICH ARE TO BE PROVIDED PURSUANT TO THESE TERMS.