The following expression terms and conditions of use (here-in-after called as "Agreement"), applicable to the use of Tothi.com (hereinafter called as "the website"), this page contains global trade information but focuses mainly on Asean trades. It is a business-to-business (B2B) platform which provides hundred thousands information of products or services, brands and companies for serving internet searcher and trader all over the world. It is an agreement between you as the user(s) of the web site (the "User(s)") and Tothi.com. Before subscribe to and/or begin participating in or using the web site, users are requested have fully read, understood and accept the agreement listed hereunder.
By accessing or using the website, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.
- (A)For user are members of the website, by clicking to accept or agree to the Terms, where this option is space made available to user or member by Tothi.com in the user interface for any Service.
- (B) For user are internet searchers or any person who accesses the Site for whatever purpose, by actually using the Services. In this case, you understand and agree that Tothi.com will treat your use of the website as acceptance of the Terms from that point onwards.
Tothi.com may change, modify, amend, or update this agreement from time to time without any prior notification to user. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on 20th June, 2006. Posting by Tothi.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms.
This agreement applies to all users (visitors, registered - free or paid member) who access the website for any purpose. It also applies to any legal entity which may be represented by you under actual or apparent authority. This agreement does not apply for people who are not of legal age to form a binding this agreement with Tothi.com. User may use this service solely for their own job or personal purposes. No sales agency relationship is created between any User and Tothi.com, our affiliates, directors, officers or employees by virtue of Tothi.com's display of any of the User's information on the Site.
3.1 The activities of access to the Site and certain of its features are provided to all Users free of charge. However, Tothi.com reserves the right, without prior notice, to restrict access to certain areas or features of the Site which called "Special Services". This kind of service is for Users who undergo a specific registration process only. Access to and use of these Special Services are governed by additional terms and conditions under separate agreements in addition to this Agreement.
3.2 Tothi.com reserves the right to deny Special Services to any User for whatever reason in order to protect the interests of Tothi.com or third parties’.
Tothi.com is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. By taking down a listing, as a prudential matter, Tothi.com is not endorsing a claim of infringement.
We respect the intellectual property right of others and expect our users to do the same. Each User must agree that they shall not copy, reproduce or download Tothi.com Content (any information, text, images, video clips, directories, files, databases…) for the purpose of re-selling or re-distributing. The systematic retrieval of Tothi.com Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Tothi.com is prohibited.
All content on this web site is the copyright of Tothi.com except the third party content and link to third party web site on our website.
A/ Generally:
For users are registered member ( either free member or paid member), their provided information must passed the verification and authentication process given by Tothi.com. Not all information but some importance will be suffered verification and/or authentication process such as: company info, Products or service, brand name… Tothi.com reserves the right in its sole discretion to remove or request to revise any content which it reasonably believes is unlawful, inappropriate in Tothi.com's opinion or found inappropriate by other users.
The certification and/or authentication process are regulated by additional terms and conditions under separate agreements in addition to this agreement. Details requirements, support documents and process of verification and/ or authentication will be set forth subject to specific case and member level.
B/ Main Points of Verification and Authentication
1.User’s Address: The place where user registered office declared in Foundation License or User current office address 2.Foundation License Number: The number of the latest Foundation License which relevant authority granted to User. 3.Products and Services: Only products or services which User are maker, sole agent or stockist to be accepted to post. 4.Brand Name: Only brands which owned by user (user are maker or sole agent ) are accepted to post, please specify country or territory user presented. Any brand is found not owned by user will be removed. 5.Users are requested to provide Aseanseek.com with true, accurate, current and complete information. 6.Users are requested to maintain and promptly amend all information to keep it true, accurate, current and complete.
There are some of the content displayed on this Site is listed or provided by third parties which understood as ("Third Party Content"). Tothi.com is not the author of third-party content, whether contributed by anonymous users or paid content providers. Any Third Party Content is the sole responsibility of the party who provided the content. Tothi.com is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party Content, and shall not be liable to any User in connection with such User's reliance of such Third Party Content. Moreover, Tothi.com is not responsible for the conduct of any User's activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. Tothi.com may allow Users access to content, products or services offered by third parties through hyperlinks. In this case, User acknowledges that Tothi.com has no control over such third party's web site, does not monitor such sites, and Tothi.com shall not be responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
Most content and some of the features on the web site are made available to visitors free of charge. However, Tothi.com reserves the right to terminate access to certain areas or features of the web site (to paying or registered users) at any time for any reason, with or without notice. In addition, Tothi.com also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Tothi.com and/or other web site visitors. Tothi.com reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
As a condition of using the Site, you agree that you will not use the Tothi.com service to infringe the intellectual property rights of others in any way. if Tothi.com believes that user conduct is harmful to the interests of Tothi.com or other users, Tothi.com will terminate the service without any notice.
The user will be terminated the service for any of following reasons:
(a) The user(s) breach any provisions set forth under “Term of Use” and/or Agreement of this website.
(b) If it concludes that the user have provided any false information in connection with the member account to Tothi.com, or are engaged in fraudulent or illegal activities.
(c) Utilize the website to send spam messages or repeatedly publish the same product information.
(d) At the products and brand area, post any wrong products information which user does not produce/ not to be presented or stockist or posted brand name which user are not manufacturer or sole agent. Or posted information which are not conform with international trade practice.
(e) Impersonate or unlawfully use another companies name to post information or conduct business of any form, accept the case that Tothi.com’s agencies and or staffs who get collected information from publicity and certified sources (details stated in Privacy Policy).
(f) Any unauthorized access, use, modification, or control of the web site data base, network or related services.
There is a proper procedure which is applied to registered users for the convenience of users so that they can easily log-in and log-out.
To be a Registered User you must fill out an on-line registration form on the web site by providing desired information (name, contact information, products, brand name etc.). Tothi.com will grant an account ("Account"), assign a user alias ("User ID") and password ("Password") for log-in access to your Account upon getting qualified registration. Web site may or may not assign user upon registration a web-based email/message account with limited storage space to send or receive email/messages. User will be responsible for the content of all the messages communicated through the Email Account, as well as the consequences of any such message.
Becoming a registered User, you consent to the inclusion of your personal data in our on-line database and authorize Tothi.com to share these information with other user. To protect the interest of Tothi.com or general interest of its visitors or other members, Tothi.com may suspend or terminate a registered membership at any time without any prior notice.
All users are requested not using the website to conduct the hereunder actions.
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- 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 of any kind or nature. Further, the Registered 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.
- Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights
- Sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, User ID or Password to a third party without the prior written consent of Tothi.com. We may suspend or terminate the Account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this section.
Information of the website are provided either by our members or gathered by our staffs or through our on-line exchange. The service is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including conditions, fitness for a particular purpose, title and non-infringement. Tothi.com makes no warranty about the accuracy, reliability, suitability, availability and timeliness of the service for any purpose.
Tothi.com will not be liable for any direct, indirect, punitive, incidental, special, consequential loss or damages whatsoever including due to the loss of use, data, profits or non-deliveries, misuses, misdeliveries or interruption, suspension, termination of service of the accuracy, reliability, availability and timeliness of the service. We do not take part in the actual transaction that takes place between the buyers and sellers. Hence, we are not a party to any contract for sale negotiated between buyers and sellers
This Terms of use agreement and/ or Agreement, shall be governed in all respect by the laws of Vietnam. Tothi.com considers itself and intended to be subject to the jurisdiction only of the Courts of Hanoi. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Supreme in Hanoi
The above mentioned terms of use agreement and/or Agreement and the Privacy Policy constitute the entire agreement between the User and Tothi.com with respect to access to and use of the web site. This agreement will supersede any prior written or oral agreements in relation to the same subject matter herein.
