Supplier in china

Terms and Conditions

This Website (as defined in Clause 1 below) is an electronic publication of and a service provided by Manufacturer Source (a company incorporated in Hong Kong) (hereinafter referred to as “Publisher”).

Any and all access to and use of this Website are subject to, and constitute each Visitor’s (as defined in Clause 1 below) acknowledgment and acceptance of, the following terms (“Terms and Conditions”). Each Visitor also agrees to accept and comply with any and all other guidelines, notices, operating rules, policies and instructions pertaining to the access and use of this Website, as well as any amendments to the aforementioned, issued by Publisher (and/or other relevant members of the Manufacturer Source Group (as defined in Clause 1 below)) and posted in this Website, from time to time. If any Visitor does not accept these Terms and Conditions (and such guidelines, notices, operating rules, policies and instructions), the Visitor must stop accessing and using this Website.

Publisher (and/or other relevant members of the Manufacturer Source Group (as defined in Clause 1 below), as the case may be) may amend or update these Terms and Conditions (and other guidelines, notices, operating rules, policies and instructions) at any time and Publisher may post the amended or updated version thereof on this Website. Such amended or updated version shall automatically be effective upon its posting on this Website and Visitors are deemed to be aware of and bound by any changes to these Terms and Conditions upon posting on this Website. The right of Publisher (and/or other relevant members of the Manufacturer Source Group (as defined in Clause 1 below), as the case may be) to amend or update these Terms and Conditions (and such guidelines, notices, operating rules, policies and instructions) in the manner aforesaid may be exercised without the consent of the Visitor or any other person or entity. If any Visitor does not accept any such amendments or updates, the Visitor must stop accessing and using this Website.

Definitions and interpretation

Definitions: In these Terms and Conditions, the following words and expressions shall, unless the context otherwise requires, have the following respective meanings:-

“Affected Provision” shall have the meaning ascribed thereto in Clause 19 below.

“Force Majeure Event” in relation to a person or entity, shall mean an event or a failure which is beyond that person’s or entity’s reasonable control, including but not limited to: acts of God; fire; flood; explosion; storm; hurricane; typhoon; tsunami; earthquake; natural or other disasters; vandalism; power surge or outage; cable cut; disruptions or failures in telecommunication systems or equipment or electrical power or supply; server crashes; back-up failures; disruptions to or failure of Internet access or connectivity; serious accidents; disease outbreaks, epidemics or quarantine or travel restrictions; any law, order, regulation, direction, action or request of any government (including state and local governments) or any civil or military authority, or of any dependent agency, commission, court, bureau, corporation or other instrumentality thereof; allocation regulations or orders affecting materials and/or the supply thereof; national emergencies, insurrections, riots, civil commotion, war or warlike operations; acts of terrorism; strikes, lockouts, work stoppages or labor disputes, troubles or difficulties; delays in transportation; supplier failures, shortages, breaches or delays; or inability after due and timely diligence to procure materials, accessories, equipment or parts.

“Manufacturer Source Content” shall mean this Website, and all content, information, applications, programs, texts, images, links, sounds, graphics, videos, software and other materials displayed or made available on this Website, and all files within and attachments transmitted through this Website and all data within such files and attachments, but excluding Third Party Content.

“Manufacturer Source Group” shall mean Manufacturer Source Ltd., a Hong Kong corporation, and its subsidiaries (including Publisher) from time to time.

“Manufacturer Source Indemnitees” shall mean Publisher and other members of the Manufacturer Source Group, and any directors, officers, employees, representatives, agents, service providers and/or assigns thereof.

“Intellectual Property Rights” shall mean all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

“Liabilities” shall mean claims, demands, damages, losses, liabilities, settlement sums, suits, actions, proceedings, judgments, fines, penalties, charges, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis.

“Overall Content” shall mean the Manufacturer Source Content and the Third Party Content, collectively.

“Password” shall refer to the valid password that is used in conjunction with the Username to access and use password-protected and/or secure areas of this Website that are restricted to authorized users only.

“Publisher” shall have the meaning ascribed thereto in the first paragraph of the opening section above.

“Relevant Activity” in relation to any product appearing in this Website and/or any of the Overall Content, shall mean any one or more of the following (as the context requires): the import, export, storage, transportation, transit, customs clearance, delivery, use, advertising, display, reproduction, offer, sale, supply, purchase, provision or re-sale of such product or any transaction, activity or dealing in respect of any such product.

“Specific Services” shall mean those services, provided by relevant members of the Manufacturer Source Group in or through this Website.

“Specific Terms” shall mean the respective terms and conditions applicable to Specific Services, including those prescribed or imposed by relevant members of the Manufacturer Source Group in relation to such Specific Services, or those contained in respective agreements entered into between Visitors and relevant members of the Manufacturer Source Group in relation to such Specific Services.

“Terms and Conditions” shall have the meaning ascribed thereto in the second paragraph of the opening section above.

“Third Party Content” shall mean those content, information, applications, programs, texts, images, links, sounds, graphics, videos, software and other materials displayed in or made available in or through, included in, posted through, or linked through, this Website (including all files within and attachments transmitted through this Website and all data within such files and attachments), which are submitted by, originate from, are provided by, are obtained from or pertain to third party websites or other third parties, and in or to which the Intellectual Property Rights are not owned by members of the Manufacturer Source Group.

“Third Party Licensors” shall mean the respective owners (not being members of the Manufacturer Source Group) of the titles, rights and interests in or to the Third Party Content.

“Trade Marks” shall have the meaning ascribed thereto in Clause 3 below.

“Username” shall refer to the unique login identification name or code which identifies a Visitor who registers with this Website.

“Visitor” shall mean the individual or entity who, or the individual or entity whose agent or representative, accesses and/or uses this Website, or the services, features and functionalities provided in or through this Website, or any of the Overall Content.

“Website” shall mean the website on the Internet owned and/or operated by Publisher and the homepage of which is presently located at www.manufacturersource.com.

Interpretation: Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. Any references herein to “Clauses” are references to the clauses of these Terms and Conditions. In these Terms and Conditions, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms and Conditions.

Application of other terms and conditionsThese Terms and Conditions shall apply to each Specific Service, in addition to any and all other Specific Terms applicable to such Specific Service; provided however that:-

a     in the event of any conflict or inconsistency between any provision of the Specific Terms and any provision of these Terms and Conditions, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to Publisher and/or other relevant members of the Manufacturer Source Group; and

b     only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the Specific Terms shall prevail.

3     Ownership of Intellectual Property Rights Unless otherwise expressly stated:-

a     All titles, rights and interests (including without limitation Intellectual Property Rights) in respect of the Manufacturer Source Content are owned by, licensed to or controlled by Publisher and/or other relevant members of the Manufacturer Source Group, and nothing herein confers on Visitors any title, right or interest in respect thereof; and

b     All titles, rights and interests (including without limitation Intellectual Property Rights) in respect of the Third Party Content are owned by, licensed to or controlled by the relevant Third Party Licensors, and nothing herein confers on Visitors any title, right or interest in respect thereof.

The trade marks, service marks, trade names and logos used and displayed on this Website (collectively the “Trade Marks”) are registered and unregistered trade marks of Publisher and/or other relevant members of the Manufacturer Source Group and/or other third parties. No right or licence is given to Visitors to download, reproduce or use such Trade Marks. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks, without the written permission of Publisher and/or other relevant members of the Manufacturer Source Group and/or other third parties. The names of Publisher and/or other relevant members of the Manufacturer Source Group may not be used in any way without the prior written permission of Publisher and/or other relevant members of the Manufacturer Source Group. Any other names of third party companies, products, programmes, applications, systems and solutions mentioned or referred to in this Website are or may be the trade marks of the respective owners/licensors or licensees, and in such cases, Publisher and/or other relevant members of the Manufacturer Source Group are not and should not be deemed to be connected or associated or affiliated in any way with such other owners/licensors or licensees.

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