Terms & Conditions

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following Terms and Conditions.

BETWEEN:

Mondobay;

AND:

The company who registers at Mondobay (“Member”), collectively “The Parties”.

WHEREAS Mondobay owns and operates the website providing a marketplace platform specifically designed for businesses in import-export, as well as affiliated services.

WHEREAS Member operates such a business as mentioned above and wishes to enter into this Membership Agreement (“the Agreement”) with Mondobay to register and be included at the www.mondobay.com. THEREFORE, the Parties agree as follows:

1. MEMBERSHIP REGISTRATION

1.1 There is no charge for companies that register as a Free Member at Mondobay.

1.2 Free Membership shall become effective after Mondobay has validated your registration application.

1.3 Premium Members hereby accept to register and pay the Membership Fee, which is payable to Mondobay through various payment methods depending on your preference and availability of the preferred payment method.

1.4 Premium Memberships shall become effective at the date Member payment has been confirmed and Mondobay has validated your registration application.

1.5 Premium Memberships may be renewed upon payment of the Renewal Fee on or before the expiry date of Membership. If payment of the Renewal Fee has not been received by the expiry date, Mondobay may delete all of Member’s information from Mondobay. Any increase in the Annual Renewal Fee will be notified to the Member.

2. THE SERVICE

2.1 The objective of the site is to operate as a facilitator for companies to find new trading partners internationally and as such seeks to disseminate as much information as possible regarding potential business partners amongst its traders (“The Service”). We may choose to change, enhance, limit, or suspend the features and functionalities of the Service without notice and such modified Service will be governed by the terms of this Membership Agreement.

2.2 As part of the Service, upon payment of the Membership Fee, all information contained in the registration form and additional information entered in the edit and update area will be posted at Mondobay (“Public Information”) subject to section 2.4. All Public Information will be available for viewing throughout Mondobay where Member has indicated that it wants to be seen.

2.3 We will issue Member a Member ID and a Password (which Member chooses during registration) which will enable Member to access the Service through its account.

2.4 Member’s e-mail address and Member ID and Password are private (“Private Information”) and will be kept confidential by Mondobay. Visitors to Mondobay who are interested in sending Member an inquiry will do so by completing an online form. The contents of this online form including the visitor’s contact details will be forwarded by us to Member by e-mail. The visiting company will not have access to Member’s e-mail address.

2.5 The Service may be used by multiple users concurrently as long as they are within Member’s corporate entity and located at the same company site.

3. MEMBER’S RESPONSIBILITIES

3.1 Member is responsible to complete the registration process and such completion will signify Member’s acceptance of these terms and Member’s commitment to abide by them. We may change these terms at any time by posting new terms and Member’s continued use of the Service constitutes Member’s acceptance of the updated terms. Member authorizes us to contact Member by email regarding the Service and any changes to it.

3.2 Member represents and warrants to us that Member:

• • has provided accurate, current and complete identification information and that no false identification has been provided; that Member is 18 years of age or over; that Member has obtained all necessary consents both internal and third party, to post Member’s information; and that Member is a reputable business in good standing in Member’s country of residence;

• • will use the edit and update function to maintain and keep all of Member’s information up-to-date and accurate;

• • will keep Member’s Membership ID and Password confidential and not share it with anybody outside of Member’s corporate entity and location. Member shall notify us of any breach of this provision and any unauthorized use of Member’s Membership ID or Password;

• • the products and services Member trades in are legal and do not infringe any local laws or international treaties and do not infringe any third party’s confidentiality rights, copyright, patent, trademark or other intellectual property rights;

• • will not post any defamatory, libelous, obscene, discriminatory or offensive material on Member’s or our site;

• • will not engage in any conduct which might harm the reputation, network, or ongoing operation of Mondobay or other members including spamming or fraudulent activities;

• • will not copy or reproduce any of the information contained at the site in an attempt to replicate Mondobay or any of our individual trading portals or present itself as Mondobay.com;

• • is responsible for the content of Member’s information and postings and we are not required to monitor or edit them; and

• • will not post or use any fraudulent information or make fraudulent offers or conduct transactions involving stolen, counterfeit or fraudulent items, or otherwise be involved in illegal activities or any conduct that violates any applicable law or creates any liability for Mondobay.com.

3.3 Member hereby grants to Mondobay a global, royalty-free, non-exclusive, perpetual (for so long as Member is taking the Service) license to enable us to use, copy, disseminate, sub-license, transmit, republish, publicly display, and re-compile the information that Member provide to us, subject to sections 2.2 and 2.4.

4. TRANSACTIONS BETWEEN COMPANIES

Mondobay is a facilitator for companies to find new trading partners internationally and not an import-export house. We do not represent the exporter or importer in any transaction. The contact Service is provided for the benefit of traders; however, Mondobay does not control the quality, reliability or validity of the company information provided by Members, the goods and services traded, or the identity of Members and is not a broker or agent for either party to a transaction. Traders are solely responsible for the costs and liability associated with transactions that they conclude as a result of contacts made at Mondobay including non-performance and disputes. Members are solely responsible for their content and updating and editing their information.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Mondobay is the owner of Mondobay site, URLs, trading portals, graphics, logos and its proprietary content and the trademarks Mondobay, mondobay.com, and all trading portals. These intellectual property rights are registered trademarks or service marks protected, or in the process of being protected, under various legislations around the world. The unauthorized use, copying, modification, appropriation or publication of the above is prohibited.

5.2 The copyright in the material contained in the Website, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software belongs to Mondobay, its subsidiaries or the providers of such information. All rights are reserved. None of this material may be reproduced or redistributed for commercial purposes without our written permission

5.3 Product and company names mentioned on this website may be the trademarks or registered trademarks of their respective owners.

5.4 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

6. LIMITATION OF LIABILITY

6.1 The Company Profile information contained at Mondobay is user generated hence it is provided on an “as is where is” basis and may or may not be accurate, complete, up-to-date, or non-infringing. Mondobay does not warrant that the information and Service are free from defect or fit for any particular purpose including merchantability, title, non-infringement, nor free from computer viruses, worms, Trojan horse etc., nor does it include any implied warranties such as those arising from a course of dealing or performance.

6.2 There is no warranty that the operation of Mondobay will be error-free or un-interrupted. Mondobay shall not be responsible for any delay or failure to provide the Service resulting directly or indirectly from an event beyond its reasonable control such as an Act of God or an event of Force Majeure, including without limitation Internet failures; telecommunications services, power supplies, equipment or computer failures; labor shortages or disputes or civil disturbances; or government or court actions.

6.3. Via advertising we promote a number of suppliers on the Website. We can accept no liability for any goods or services provided by third party suppliers. Any goods or services which are not stated to be provided by us are provided by third parties over whom we do not have control and you should satisfy yourself that you wish to purchase those goods or services before contracting with the supplier. The suppliers will be supplying on their own standard terms and conditions and you should check that you agree to those terms and conditions before placing an order.

6.4 Mondobay is not liable for any loss, damages, or injury of any nature whatsoever associated with the Service, the operation of the site, the information at the site, traders’ information, or liability that may be incurred by traders or businesses accessing the site, including without limitation direct, indirect, consequential, punitive, or special damages whether caused by contract, tort, negligence, or any other theory of law and even if advised of the possibility of such damages in advance, to the maximum extent allowed by law.

6.5 Member agrees to waive any cause of action the Member might have against Mondobay and to save harmless and indemnify Mondobay from all losses, damages, claims or liability associated with Member’s use of Mondobay site or any Mondobay trading portal, the information that Member posts at the site, Member’s transactions, conduct or misconduct, acts or omissions, or claims of other traders at Mondobay against Member or us, Member’s breach of this Agreement, and Member’s alleged violation of any third party rights including intellectual property rights.

7. TERMINATION AND REFUND POLICY

7.1 Mondobay does not offer refunds on Membership Fees.

7.2 Any breach of this Membership Agreement by Member entitles us to terminate the Service to Member and remove Member’s Company Profile or any offending information at our sole discretion without any compensation to Member. We may choose to advise Member of its breach of this Agreement and give Member a ten-day cure period to remedy Member’s default. We also reserve the right in any situation to immediately remove any material that we consider defamatory, offensive, unlawful, likely to cause liability for us, or that otherwise violates this Agreement at our sole discretion.

8. GENERAL

8.1 This Agreement may be modified from time to time by publishing the modified Terms & Conditions on the Website. Any modifications to the Terms & Conditions made in such a manner shall take immediate effect, and the entire agreement between Mondobay and the Member supersedes all prior and future agreements whether oral or written unless incorporated into this Agreement.

8.2 If Mondobay chooses to not enforce any of its obligations under this Agreement, this does not mean it waives its right to enforce its rights in the future.

8.3 This Agreement, the relationship between the parties, and any disputes, shall be governed by the International trade laws as applicable. Any disputes shall be resolved by arbitration in accordance with the International Trade Civil Code.

8.4 Mondobay and registered companies are independent contractors and nothing herein creates a relationship of agency, employment, representation, joint-venture or partnership.

8.5 The views expressed in any post, comment or blog on this Website are those of the person who submitted them and not necessarily the views of Mondobay. Every effort is made to react swiftly to remove any inappropriate content, either through discovery by us or by request from any member of the Website or any third party.