Welcome to Conglomerate.net E-Commerce Corp.'s Terms of Service Agreement
("Agreement"). This Agreement describes the terms and conditions
applicable to your use of the Conglomerate.net web site, which features
tools for trading and communicating in a global business to business
e-market (the "Service").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
DESCRIBES THE TERMS AND CONDITIONS ON WHICH Conglomerate.net OFFERS
YOU ACCESS TO THE SERVICE.
1. Acceptance Of Terms.
WELCOME TO Conglomerate.net'S ONLINE SERVICE (the "SERVICE").
The following describes the terms and conditions between you and
Conglomerate.net E-Commerce Corp. ("Conglomerate.net")
under which Conglomerate.net offers you access to the Service. Use
of the Service indicates that you accept the terms and conditions
set forth below. If you do not accept all of the terms and conditions,
please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS
AND CLICKING THE "I HAVE READ & ACCEPT THE TERMS OF THE
Conglomerate.net TERMS OF SERVICE AGREEMENT" AND THE "SUBMIT"
BUTTONS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE
may amend these terms and conditions at any time by posting the
amended terms on this website. The amended terms shall automatically
be effective immediately upon posting. These terms and conditions
were last amended on December 10, 2001. Delivery by Conglomerate.net
of the amended terms and conditions and your continued use of the
Service shall be deemed to be acceptance of the amended terms. These
terms and conditions may not otherwise be modified, except in writing
by an authorized officer of Conglomerate.net.
In these terms
and conditions, all users of the Service shall be referred to as
2. The Service.
The Service is offered only to business or corporate entities (e.g.
corporation, limited liability company, partnership, sole proprietorship
Conglomerate.net may assign a web-based email account with limited
storage space for the User to send or receive email through the
Service (the "Email Account"). The User shall be responsible
for all users and the content of all the messages communicated through
the Email Account, as well as the consequences of any such message.
may allow Users access to products and services offered by third
party websites through hyperlinks or "co-branded" sites
accessible through the Conglomerate.net website. The User acknowledges
that Conglomerate.net has no control over such third party's website
and Conglomerate.net shall not be responsible or liable to anyone
for the availability of such website, or any goods, product or service
made available on such website, and does not endorse and is not
responsible or liable for any content, advertising, product or other
material on or available from such third party website.
The User further acknowledges and agrees that Conglomerate.net shall
not be responsible or liable, directly or indirectly, for any loss,
claims, damages or actions arising from or caused or alleged to
be caused by or in connection with the use of or reliance on any
information or content available on or through such third party
website or any underlying transaction between the User and any such
Conglomerate.net reserves the right to limit, deny or create different
priorities to different users or to change the Service and/or all
of its features and/or to change, upgrade, modify, alter, limit
or terminate the Service at any time temporarily or permanently
without prior notice and for any or no reason at its sole discretion.
Conglomerate.net further reserves the right to introduce new features,
functionalities and/or applications to the Service or to future
versions of the Service. All new features, functionalities, applications,
modifications, upgrades and alterations shall be governed by these
terms and conditions, unless otherwise stated by Conglomerate.net.
The User agrees to the effect that such action may have on his ability
to use the Service hereby agree that in no event shall Conglomerate.net
be liable to the User or any third parties for any inability to
use the Service, any delays, inaccuracies, errors or omissions with
respect to any communications or transmission or delivery of all
or any part thereof, or any damage arising therefrom or occasioned
thereby or for the results obtained from the User's use of the Service.
The User agrees not to reverse engineers, decompile, disassemble,
alter, duplicate, make copies, create derivative works from, distribute
or provide others with the Service, its communication protocol or
any information available on, derived or extracted in relation to
the Service other than as allowed under these terms and conditions.
3. Acceptable Use Policy
This Service is intended for personal use. The User may only use
this Service to make legitimate requests to purchase or offers to
sell the products or services offered (each, a "Request"
or an "Offer" as the case may be) and shall not use the
Service to make any speculative, false or fraudulent Requests or
Offers, whether or not in anticipation of demand.
The User represents
that the User has sufficient authority and is of sufficient legal
capacity to create binding legal obligations for any liability the
User may incur as a result of the User's use of the Service.
The User is
solely responsible for all information provided to Conglomerate.net
or others during registration or any other time during the use of
the Service ("Your Information") and Conglomerate.net
acts as a passive conduit for the User's online distribution and
publication of Your Information.
For the avoidance of doubt, "Your Information" includes
any information data, text, software, music, sound, photographs,
graphics, video, messages and other materials provided by the User
to Conglomerate.net during registration, trading or listing processes
or at any other time during the User's use of the Service.
The User warrants and agrees that the User has all rights, including
all copyrights, or has obtained all necessary third party copyright
or trademark licenses and permissions in relation to Your Information
and shall be solely responsible for ensuring that any material or
information posted on the Service or provided to Conglomerate.net
or authorized to Conglomerate.net to display or publish through
the Service does not violate the copyright, trademark, trade secret
or any other personal or proprietary rights of any third party of
any third party or is posted with the permission of the owner(s)
of such rights.
Notwithstanding any of the above provisions, Conglomerate.net reserves
the right to take any action (including withdrawing any part or
all of Your Information) Conglomerate.net deems necessary or appropriate
if, in Conglomerate.net's sole discretion, Conglomerate.net believes
may create liability for Conglomerate.net or may cause Conglomerate.net
to lose (in whole or in part) the services of its Internet Service
Providers or other suppliers or may cause us to contravene any applicable
laws or regulations regulating the conduct of web and/or Internet
The User shall not use the Service for any unlawful or inappropriate
purposes, including without limitation, spoofing, sniffing, imposturing,
fraud, forgery, electronic trespass, hacking and system contamination
including without limitation, use of viruses, worms and Trojan Horses
causing unauthorized damage or harmful access and/or retrieval of
or Offer made through the Service shall not
(a) be fraudulent or make fraudulent offers or involve the sale
or purchase or attempted sale or purchase of counterfeit or stolen
items or otherwise promote other illegal activities;
(b) infringe or otherwise abet or encourage the infringement or
violation of any third parties' copyright, patent, trademark, trade
secret or other proprietary right(s);
(c) violate any applicable law, statute, ordinance or regulation
(including without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or false advertising);
(d) be obscene or contain or infers any pornography or sex-related
merchandising or any other sexual content or otherwise promotes
sexually explicit materials or is otherwise harmful to minors.
The User shall not use the Email 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. Further, the User shall not use
the Email Account to publish, distribute, transmit or circulate
any unsolicited advertising or promotional information or any content
that is obscene, indecent, seditious, offensive, defamatory, threatening,
or which incites or results in causing racial hatred, discrimination,
menace or breach of confidence.
The User may
not take any action which may undermine the integrity of Conglomerate.net's
feedback system, such as leaving positive feedback for himself using
secondary User IDs or through third parties or by leaving unsubstantiated
negative feedback for another User.
4. Transactions between Buyers and Suppliers
Conglomerate.net is not involved in the actual transaction between
Users. As a result, Conglomerate.net has no control over the quality,
safety or legality of the items offered for sale, the truth or accuracy
of the listings, the ability of the suppliers to sell the items
or the ability of buyers to buy items. Further, Conglomerate.net
cannot and does not control whether or not ss will complete
the sale of items they offer for sale or buyers would complete the
purchase of the items they procure through the Service. In addition,
Users are hereby made aware that there may be risks of dealing with
foreign nationals, underaged persons or people acting under false
Users are solely
responsible for all of the terms and conditions of the transactions
between themselves and other buyers and ss (as the case may
be), including, without limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title, licenses, fines,
permits, handling, transportation and storage.
does not endorse or make any representation or warranty whatsoever
(whether express or implied) and shall not be responsible or liable
under any circumstances whatsoever, in respect of (a) any third
party website hyperlinked to the Conglomerate.net website, or any
products, services, information, data or other content offered or
provided therein; and/or
(b) any product, service, information, data or other content offered
or provided by third parties in or through the Conglomerate.net
acts only as a facilitator to the transactions between Users, Conglomerate.net
shall have no liability for the failure of any items bought or sold
via the Service to meet any specification, requirement or description
or for the breach or alleged breach of any warranty given or made
by the supplier or for the failure of the supplier to deliver the
items to the buyer or for the failure of the buyer to make payment.
As a condition for the use of the Service, each User agrees to look
solely to the other party to the transaction for damages or liabilities
incurred as a result of any failure to meet specification or description,s,
breach or alleged breach of warranty or failure to make delivery
or failure to make payment.
In the event
that any User has a dispute with any party to a transaction, the
parties agree to release and indemnify Conglomerate.net and save
us harmless (and our agents, affiliates, directors and employees)
from all claims, demands, actions, proceedings, costs, expenses
and damages (including without limitation any actual, special, incidental
or consequential damages) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with such disputes.
Unless otherwise prohibited by any applicable law, all Users hereby
waive any statutory or regulatory provision or similar provision
to such effect which provides that: "A general release does
not extend to claims which the creditor does not know or suspect
to exist in his favour at the time of executing the release, which
if known by him must have materially affected his settlement with
5. User's Responsibility
Users are hereby granted access to Conglomerate.net's various directories,
databases and listings in accordance with these terms and conditions
and as otherwise permitted by Conglomerate.net. Any other use or
attempt to use Conglomerate.net's various directories, databases
and listings for commercial, copying, reproduction, mass marketing
(whether by spamming or not) or any other unauthorized purpose is
strictly prohibited. The User agrees that the User shall not commercially
exploit any information received or accessed through the Service
including but not limited to copying (through robots, spiders, any
automatic device or manual process) except with Conglomerate.net's
prior written consent.
The User shall
not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Service. Each User shall
not undermine or attempt to undermine the security or integrity
of the computer systems or networks used by Conglomerate.net and/or
any user of the Service and shall not attempt to gain unauthorized
access to such computer systems or networks. The User shall not
use the Service for any illegal purposes or in support of any illegal
purpose or activity.
Each User hereby
represents, warrants and agrees to
(a) provide true, accurate, current and complete information about
itself and its business referees as may be required by Conglomerate.net;
(b) maintain and promptly amend all information to keep it true,
accurate, current and complete.
If any User provides any information that is untrue, inaccurate
or is not current or complete, or if Conglomerate.net has reasonable
grounds to suspect that such information is untrue, inaccurate or
is not current or complete, Conglomerate.net has the right to suspend
or terminate such User's membership and refuse any and all current
or future use of the Service or any other services that may be provided
Each User agrees
and accepts that Conglomerate.net shall not actively monitor nor
exercise any editorial control whatsoever over the content of Your
Information or other material or information created, obtained or
accessible through the Service. Conglomerate.net does not endorse,
verify or otherwise certify the contents of any comments or other
material or information made by any User.
Each User is solely responsible for the contents of such User's
information and may be held legally liable or accountable for the
content of each such User's comments or other material or information.
However, Conglomerate.net reserves the right to remove any material
it becomes aware of that is in it sole discretion, potentially unlawful,
could subject Conglomerate.net to liability, violates these terms
and conditions or is otherwise found inappropriate. Conglomerate.net
reserves the right to cooperate fully with legal authorities and/or
injured third parties in the investigation of any suspected criminal
or civil wrongdoing. Further, Conglomerate.net reserves the right
to suspend or terminate the membership of such User as Conglomerate.net
deems appropriate in its sole discretion.
User agrees to indemnify Conglomerate.net, its employees, agents
and representatives and to hold them harmless, from any and all
losses, claims and liabilities (including legal costs on a full
indemnity basis) which may arise from the User's posting of information
or deletion thereof, from such User's use of the Service or from
such User's breach of these terms and conditions. Each User further
agrees that Conglomerate.net is not responsible, and shall have
no liability to it or anyone else for any material posted by such
User or third parties, including fraudulent, untrue, misleading,
inaccurate, defamatory, offensive or illicit material and that the
risk of damage from such material rests entirely with each User.
Each User represents, warrants and agrees that it shall not use
the Service for any unlawful or inappropriate purposes, including
without limitation, spoofing, sniffing, eavesdropping, imposturing
or spamming other users, harassment, fraud, forgery, electronic
trespass, hacking, system contamination including without limitation
use or viruses, worms and Trojan horses causing unauthorized damaging
or harmful access and/or retrieval of information.
6. Charges and Fees
The rates for fees chargeable under the Service shall be published
on Conglomerate.net's website. All fees (if any) shall be payable
in advance to Conglomerate.net by wire transfer, charging the User's
credit card or such other method acceptable to Conglomerate.net,
in US Dollars or its equivalent in such other currency as permitted
by Conglomerate.net. Unless otherwise agreed between Conglomerate.net
and any User, all payments made are non-refundable.
All rates are
exclusive of any taxes, duties or other governmental, banking or
transactional and handling charges or levies that each User shall
continue to be liable for as and when the same is imposed or incurred.
reserves the right to modify its pricing structure and payment conditions
from time to time at its sole discretion provided that not less
than fourteen (14) days notice shall be given to each User.
7. Termination of Membership
Conglomerate.net may terminate the Service at any time on the giving
of at least one (1) months notice to the User or immediately by
notice if there is any breach of a material term of these terms
and conditions by the User.
may also terminate the provision of the Service to any User if such
User's membership has not been activated or his account remains
inactive for three (3) consecutive months. In such a case, if the
User wishes to reactivate his account, the User shall be required
to proceed with Conglomerate.net's registration process to re-register
as a User of the Service.
to any remedies that may be available, Conglomerate.net may immediately
issue a warning, temporarily suspend (whether for a fixed period
or indefinitely) or terminate a User's membership, any of the User's
listings or any other information placed by the User on Conglomerate.net's
(a) the User breaches a material term herein;
(b) Conglomerate.net is unable to verify or authenticate any information
provided by the User; or
(c) Conglomerate.net believes in its sole discretion that the User's
act or omission may cause legal liability for the User, any other
Users, third party service providers or Conglomerate.net.
Conglomerate.net may suspend or terminate any User's membership
if the User is found (whether by conviction, settlement, insurance
or escrow investigation or otherwise) to have engaged in fraudulent
activity in connection with the use of Conglomerate.net's website
or the Service.
Upon termination, all licenses, rights and privileges granted to
the User shall cease.
any of the above provisions, termination of the relationship herein
shall not affect any accrued rights or liabilities of either party
nor shall it affect the coming into force or the continuance in
force of any provision contained herein which is expressly or by
implication intended to come into or continue in force on or after
2.5, 2.6, 4.4, 4.5, 5.5, 7, 8 and 9 shall survive the termination
of the relationship between any User and Conglomerate.net or the
termination of these terms and conditions.
8. Limitation of Liability
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND Conglomerate.net 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, UNDERTAKINGS AND
TERMS ARE HEREBY EXCLUDED.
Conglomerate.net MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE
VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CURRENTNESS OF TECHNICAL AND ANY OTHER INFORMATION
PROVIDED THROUGH THE SERVICE.
Any material downloaded or otherwise obtained through the use of
the Service is done at each User's sole discretion and risk and
each User is solely responsible for any damage to its computer system
or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by any
User from Conglomerate.net or through or from the Service shall
create any warranty not expressly stated herein.
Under no circumstances
shall Conglomerate.net be held liable for an delay or failure or
disruption of the Service resulting directly or indirectly from
acts of nature, forces or causes beyond its reasonable control,
including without limitation, Internet failures, computer, telecommunications
or any other equipment failures, electrical power failures, strikes,
labour disputes, riots, insurrections, civil disturbances, shortages
of labour 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.
Each User hereby agrees to indemnify and save Conglomerate.net,
its employees, agents and representatives 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 Service
(including but not limited to the display of such User's information
on the Site) or from its breach of any of the terms and conditions
herein. Each User further agrees that Conglomerate.net is not responsible
and shall have no liability to it, 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.
Except to the extent that such liability cannot be excluded by or
limited by law, Conglomerate.net 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 or not advised of the possibility of damage, regardless
of the form of action, whether in contract, negligence, tort or
otherwise or any other damages resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting
from any goods, samples, data, information or services purchased
or obtained or messages received or transactions entered into of
through of from the Service;
(c) unauthorized access to or alteration of transmissions or data;
(d) statements or conduct of any third party on the Service; or
(e) any other matter relating to the Service however arising, including
any of the foregoing provisions, the aggregate liability for Conglomerate.net
to each User for all claims arising from the use of the Service
is limited to US$10.00. All claims arising from the use of the Service
must be filed within one (1) year from the date the cause of action
9. Intellectual Property Rights
Conglomerate.net Corporation is the sole owner of all the rights
to the Service. The Service embodies trade secrets and intellectual
property rights protected under worldwide copyright and other laws.
All title, ownership and intellectual property rights in the Service
shall remain with Conglomerate.net Corporation. All rights not otherwise
claimed herein or by Conglomerate.net Corporation are hereby reserved.
, "Global Business-to-Business E-Market!", and related
icons and logos in various languages and translations, are trademarks
and service marks of Conglomerate.net Corporation in the United
States and other countries 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.
All notices or demands to or upon Conglomerate.net shall be effective
if in writing and shall be deemed to have been duly made when sent
to Conglomerate.net in the following manner: Attn: Corporate Counsel.
or demands to or upon the User shall be effective if either delivered
personally, sent by commercial overnight courier, certified mail,
or by facsimile or email to the addresses and correspondence information
provided by the User (as may be amended or updated from time to
time by the User).
These terms and conditions constitutes the entire agreement between
the User and Conglomerate.net and governs the use of the Service,
superseding any prior written or oral agreements in relation to
the same subject matter herein.
If any provision
herein is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced.
for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section.
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 Conglomerate.net's right to act with respect
with subsequent or similar breaches.
shall have the right to assign their obligations and duties herein
to any person or entity.
12. Governing Law
More about Us. The services hereunder are offered by Conglomerate.net.
For more information, please contact us