All person's registering on YnFx.com agree to have read and to abide by the following terms and conditions.
terms of service
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE:
Capitalized words and phrases that are used in these Terms and not otherwise defined have the meanings assigned in Section 25 of these Terms.
YnFx.com, ("YnFx") provides
ALTHOUGH ONLY MEMBERS MAY BUY OR SELL ON YnFx, VISITORS MAY USE THE SERVICE FOR INFORMATIONAL PURPOSES AND ARE SUBJECT TO ALL OF THE RULES SET FORTH IN THESE TERMS. BY CLICKING THE "ACCEPT TERMS" BUTTON BELOW OR USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS. IF YOU DO NOT ACCEPT ALL OF THESE TERMS, DO NOT CLICK ON THE "ACCEPT TERMS" BUTTON AND DO NOT ACCESS THE SERVICE.
ELIGIBILITY FOR MEMBERSHIP.
YnFx is available only to corporations and other business entities directly involved in the buying or selling of polyester, nylon, viscose rayon fiber, and related activities (each a "Company") and their designated user (each, a "Designated User"), who complete the registration form and can form legally binding contracts under applicable law. If you do not qualify, please do not attempt to use YnFx. The Company and each designated User shall each be considered a Member under these Terms. A Designated User shall be deemed to be acting on behalf of the Company at all times. In the event that a Designated User no longer is an authorized representative of the Company (whether due to termination of employment or otherwise), the Company shall notify YnFx immediately and in writing, of the removal of such User as the Designated User and the appointment of a new Designated User for the Company. Upon issuance of a reply notice by YnFx acknowledging the change in YnFx's authorization records, such former Designated User shall no longer be deemed to be a Member. YnFx may refuse to offer its Service to any one and may change its criteria for Membership, at any time, in its sole discretion.
In order to participate in the Service, the Member must:
We reserve the right to refuse any applicant or Member who registers with false or intentionally misleading information.
MODIFICATIONS TO TERMS
YnFx may change the Terms from time to time. Upon any change in the Agreement, YnFx will post the amended Terms on this site. The amended terms shall automatically become effective 7 days after they are initially posted on this site. Member's continued use of the Service after the expiration of the 10 day period constitutes Member's affirmative:
MODIFICATIONS TO SERVICE.
YnFx reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice to Member, and is not obligated to support or update the Service. Member acknowledges and agrees that YnFx shall not be liable to Member or any third party in the event that YnFx exercises its right to modify or discontinue the Service.
YnFx IS ONLY A FORUM.
YnFx provides a forum for matching Buyers and Sellers of the Products and related services. YnFx serves to assist in the consummation of transactions between Buyers and Sellers of Product by providing
As a result of YnFx's limited role, it has no control over the quality, compatibility, safety or legality of the Products advertised, the truthfulness, accuracy or completeness of any posting (including any posting for sale of any Product(s) and any career web site posting or the character or background of any Member (including without limitation, any Member making a job application), or the terms and conditions of any transaction between the parties. Because YnFx does not review the substance of the postings on the site, Member must be careful in dealing with other Members to avoid fraud and to recognize the possibility that other Members' information may, despite the prohibitions set forth in these Terms, be harmful, inaccurate or deceptive.
Because YnFx is not involved in Member-to-Member dealings, except to the limited extent noted above, Member agrees, in connection with any use of the Service:
Although YnFx dose not allow Members to post anonymously, the postings are visible to only other members and serious buyers and or sellers. YnFx makes every attempt to preserve the anonymity of the parties, unless YnFx is required to do so by law or in the good faith belief that such action is necessary to:
MEMBER ACCOUNT, PASSWORD AND SECURITY.
Access to and use of the Service is through a combination of a User ID and Password. YnFx assigns each Member its own unique User ID. Each Designated User will choose his or her own unique Password. Each Designated User is responsible for maintaining the confidentiality of his or her own Password, User ID. Furthermore, each Designated User is entirely responsible for any and all activities which occur under his or her User ID, the corresponding Password, and a Company is entirely responsible for any and all activities of its Users, agents, and representatives, whether or not such Users, agents, and representatives are Designated Users.Member agrees to immediately notify YnFx of any unauthorized use of the Service or a Member's account (including unauthorized use of a User ID or Password by any employee, agent, or representative of the Company who is not is a Designated User) or any other breach of security known to Member, it being understood that the Designated User's knowledge shall be imputed to the Company. Unauthorized access to the Service, or to the telecommunications or computer facilities used to deliver the Service, is a breach of the Terms and is a violation of law.
There is no charge for a directory listing . However, YnFx does charge a Membership fee to each Member for using the Service. All payments due under this Agreement shall be made in Euro or Indian Rupees. Any amount not paid when due shall bear a late payment charge, until paid, at the rate of 1.5% per month or, if lesser, the maximum amount permitted by law. All remedies of YnFx under these Terms shall be cumulative.
MEMBER SHOULD CAREFULLY REVIEW THE TERMS AND CONDITIONS CONTAINED IN THE TRADING ZONE POSTING OR PURCHASE REQUEST (INCLUDING TERMS INDICATING WHEN PAYMENT IS DUE AND WHETHER THERE IS A WARRANTY FOR SUCH PRODUCTS) TO DETERMINE WHETHER SUCH TERMS MEET MEMBER'S NEEDS. MEMBER'S only recourse is against the OTHER PARTY TO THE TRANSACTION.
THE DISCLAIMERS OF WARRANTIES AND EXCLUSIONS OF DAMAGES SET FORTH IN THESE TERMS APPLY ONLY TO YnFx AND NOT TO SELLERS AND BUYERS, AS BETWEEN THEM CONCERNING ANY TRANSACTION OR OTHERWISE.
LIMITED PAYMENT GUARANTY.YnFx does not guarantee performance or payment in any Transaction except that solely in the case of Buyers whose credit has been approved by YnFx, YnFx offers a payment guaranty (the"Guaranty") upon the following terms and conditions.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS.
Member may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this Web site ("Advertisers"). Member acknowledges and agrees that any such correspondence or participation, including the delivery of, and the payment for Products and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between Member and Advertiser. YnFx shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence, participation, or transactions.
The Service may provide links to other Web sites or resources. Member acknowledges and agrees that YnFx is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Member agrees that YnFx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources.
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Web site or in sponsor advertisements or commercially produced information presented to Member on the Service ("Content") by YnFx, YnFx's Advertisers, or YnFx's Sellers, is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and Member is only permitted to use this Content as expressly authorized by YnFx, the Advertiser or the Seller, as applicable. This Agreement does not transfer any right, title, or interest in the Service or the Content to Member, and Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by YnFx, the Advertiser, or the Seller, as applicable.
Some of the foregoing prohibited acts are also punishable by law.
DISCLAIMER OF WARRANTIES. MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ITS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. YnFx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. YnFx MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES YnFx MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YnFx MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO OR THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM YnFx OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
LIMITATION OF LIABILITY
As a condition of Membership, and in consideration of the services provided by YnFx, Member agrees that neither YnFx, nor any officer, affiliate, director, shareholder, agent or employee of YnFx will be liable to Member or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expense, or costs resulting directly or indirectly from, or otherwise arising in connection with any of the following:
The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of YnFx and its affiliates, subcontractors, employees, and agents which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
YnFx SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA OR FAILURE OF THE SERVICE TO STORE MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF YnFx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YnFx'S LIABILITY TO MEMBER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES IS LIMITED TO THE AMOUNT OF FEES OR COMMISSIONS COLLECTED BY YnFx FROM MEMBER IN RESPECT OF THE TRANSACTION(S) TO WHICH THE DISPUTE PERTAINS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO MEMBER.
NO RESALE OF THE SERVICE.
Member's right to use the Service is limited solely to the Company and its Designated User. Member agrees not to reproduce, duplicate, copy, sell or resell the Service, without the express consent of YnFx.
YnFx reserves the right to establish a limit on the amount of memory or other computer storage a Member may utilize through the Service and YnFx assumes no responsibility for the deletion of, or failure of the Service to store, Member's transmissions, data or posting.
Member agrees to indemnify, defend and hold harmless YnFx, its parents, subsidiaries, affiliates, directors, officers, shareholders and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, Member's violation of the Terms, or the infringement by Member, or any other person using Member's User ID, or Password, of any right of any person or entity.
TERMINATION & EFFECT.
(a) terminate use of the Service; and (b) notify YnFx of termination. Upon termination of the Service, Member's right to use the Service immediately ceases and Member acknowledges and agrees that YnFx may immediately delete the files in Member's account, bar any further access to such files or the Service; provided that, in the event that YnFx modifies this Agreement as set out in Section 4 and Member does not accept such modified terms, Member shall have a period of 7 days to remove Member's files and data from Member's account before the Service terminates and Member's access to the Service ceases.
All notices to a party shall be in writing and shall be made via e-mail to webmaster@YnFx.com for notices to YnFx, or to the e-mail address that Member provides to YnFx as part of Registration Data for notices to Member, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices may be sent by regular mail, postage prepaid to YnFx's address provided below or to the e-mail address that Member provided during the registration process. YnFx may also broadcast notices or messages on this Web Site, or other matters of importance; such broadcasts shall constitute notice to Member.
Any dispute between Member and YnFx arising out of this Agreement or Member's use of the Service shall be submitted to binding arbitration in accordance with the then prevailing Commercial Arbitration Rules of the Indian Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Any arbitration shall take place before a panel of three arbitrators, one of whom shall be selected by Member, one of whom shall be selected by YnFx, and the third of whom shall be selected by the other two arbitrators. Judgment upon any award made in such an arbitration may be entered and enforced in any court of competent jurisdiction. The arbitrators shall apply the Indian law. The rbitrators shall have the authority to award actual money damages, specific performance, and temporary injunctive relief, but the arbitrators shall not have the authority to award exemplary or punitive damages, and the parties expressly waive any claimed right to such damages. The costs and expenses of the arbitration, but not the costs and expenses of the parties, shall be shared equally by the parties; provided that if the arbitrators determine that one party prevailed in the proceeding, then the other party shall bear the entire cost and expense of the arbitration.
In the event that any provision of this Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of this Agreement. YnFx and Member agrees to allow a court or arbitrator to replace such an invalid, unenforceable or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable or void provision. YnFx's failure to act with respect to a breach by Member or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall be governed by and construed in accordance with the laws of the Republic of India, without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of India, the laws, rules and regulations of India shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Members hereby consent to personal jurisdiction by the state and federal courts located in Bombay, Maharastra, India. This Agreement and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Bid: An offer or counter-offer posted by either a Buyer or Seller on YnFx. Bids are only valid for 14 days unless renewed. Buyer: Member who seeks to purchase Product on YnFx. User ID: A unique alphanumeric string that identifies individual users within a particular Member organization. Posting Id: The identification number YnFx assigns to each Product lot being listed for request by a Buyer or posted for sale by a Seller. Member: A registered user of YnFx who has been given a unique User ID and Password for YnFx regardless of having paid the membership fees. Membership: Privileges provided to Members allowing the buying and/or selling of Product on YnFx. Negotiation: A process whereby two or more Members attempt to arrive at final terms for the purchase and sale of Product on YnFx through a series of offers and counter-offers. Posting: A posting of a Lot on the Trading Zone by a Seller seeking Bids by Buyers. Password: A unique alphanumeric string that, in conjunction with the User ID, identifies the Member. Product: Polyester fiber, Yarn, raw materials, equipment, Polyester-related goods, and services that are bought and sold on YnFx. Purchase Request: A posting of a Lot by a Buyer of the Trading Zone seeking Bids from Sellers. Seller: Member who seeks to sell Product on the Trading Zone. Transaction: When a Buyer and Seller agree on the price of a given Product lot posted on the Trading Zone
ACKNOWLEDGMENT. Member acknowledges that
I am an authorized agent of this company. I have read the above Membership Agreement and agree to the terms and conditions for using YnFx.