M/s.Vital Solutions Pte Ltd, a Company incorporated in Singapore with GST Reg No. 199907719D and having its Regd Office at : #21-01, 77 Robinson Road, owns and maintains the web domain ‘AsiaPaperMarkets.com’,hereinafter referred to as ‘AsiaPaperMarkets.com’

PLEASE READ THESE TERMS OF USE (“AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE, MOBILE APPLICATIONS AND SERVICES OFFERED BY ASIAPAPERMARKETS. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT WWW. ASIAPAPERMARKETS.COM

By using the Sites in any manner, including but not limited to visiting or browsing the Site, you (the “User” or “You”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Sites, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site. As AsiaPaperMarkets makes use of Google AP(s) in the provision of its Services, users of AsiaPaperMarkets Site and Services are also bound by Google’s Terms of Service.

Effective 08 July 2016: the Agreement is between you and AsiaPaperMarkets.

If you have any questions, please refer to the Help section of the Site, or contact us at info@vital.com.sg

1. AsiaPaperMarkets is a Venue

AsiaPaperMarkets acts as a venue to allow users who comply with AsiaPaperMarkets’s policies to offer, sell and buy goods. AsiaPaperMarkets is not directly involved in the transaction between buyers and sellers. As a result, AsiaPaperMarkets has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. AsiaPaperMarkets does not pre-screen users or the content or information provided by users. AsiaPaperMarkets cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, AsiaPaperMarkets does not transfer legal ownership of items from the seller to the buyer.

AsiaPaperMarkets cannot guarantee the true identity, age, nationality, or sense of humor of a user. AsiaPaperMarkets encourages you to communicate directly with potential transaction partners via the tools available on the Sites. You may also want to consider using a third-party escrow service or services that provide additional user verification.

You agree that AsiaPaperMarkets is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on AsiaPaperMarkets. You use the AsiaPaperMarkets service at your own risk.

2. Membership Eligibility

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by AsiaPaperMarkets’s policies as stated in the Agreement and the AsiaPaperMarkets policy document listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by AsiaPaperMarkets, each of which is incorporated herein by reference and each of which may be updated by AsiaPaperMarkets from time to time without notice to you:

In addition, some services offered through the Sites may be subject to additional terms and conditions promulgated by AsiaPaperMarkets from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify AsiaPaperMarkets of any unauthorized use of your password or any breach of security. You also agree that AsiaPaperMarkets cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than AsiaPaperMarkets without AsiaPaperMarkets’s express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your AsiaPaperMarkets account and User ID to another party.

Right to Refuse Service: AsiaPaperMarkets’s services are not available to temporarily or indefinitely suspended AsiaPaperMarkets members. AsiaPaperMarkets reserves the right, in AsiaPaperMarkets’s sole discretion, to cancel unconfirmed or inactive accounts. AsiaPaperMarkets reserves the right to refuse service to anyone, for any reason, at any time.

3. Listing and Selling

Listing Description: By listing an item on the Sites you warrant that you and all aspects of the item comply with AsiaPaperMarkets’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your AsiaPaperMarkets profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale.

4. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to AsiaPaperMarkets and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on AsiaPaperMarkets.

Restricted Activities:

Your Content and your use of AsiaPaperMarkets shall not:

• Be false, inaccurate or misleading;
• Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
• Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including AsiaPaperMarkets’s staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
• Be obscene or contain child pornography;
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Host images not part of a listing;
• Take any actions that may undermine or discredit the AsiaPaperMarkets feedback and ratings systems;
• Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by AsiaPaperMarkets with respect to the Services and/or data transmitted, processed or stored by AsiaPaperMarkets;
• Harvest or collect any information about or regarding other AsiaPaperMarkets account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (“Automated Data Collection”), or otherwise, including, without limitation, any personal data or information;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
• Modify, adapt or hack AsiaPaperMarkets or modify another website so as to falsely imply that it is associated with AsiaPaperMarkets;
• Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
• Appear to create liability for AsiaPaperMarkets or cause AsiaPaperMarkets to lose (in whole or in part) the services of AsiaPaperMarkets’s ISPs or other suppliers;
• Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
• Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
• Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
• Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on AsiaPaperMarkets.

Furthermore, you may not list any item on AsiaPaperMarkets (or consummate any transaction that was initiated using AsiaPaperMarkets’s service) that could cause AsiaPaperMarkets to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

5. Content

License: AsiaPaperMarkets does not claim ownership rights in your Content. You grant AsiaPaperMarkets a license solely to enable AsiaPaperMarkets to use any information or Content you supply AsiaPaperMarkets with, so that AsiaPaperMarkets is not violating any rights you might have in that Content. You grant AsiaPaperMarkets a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow AsiaPaperMarkets to store or re-format your Content on AsiaPaperMarkets and display your Content on AsiaPaperMarkets in any way as AsiaPaperMarkets chooses. AsiaPaperMarkets will only use personal information in accordance with AsiaPaperMarkets ‘s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address, mobile phone number, and address information, from another AsiaPaperMarkets user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for AsiaPaperMarkets related communications. AsiaPaperMarkets has not granted you a license to use the information for unsolicited commercial messages, or to disseminate such information on any public platform, including AsiaPaperMarkets. Without limiting the foregoing, without express consent from the user, you are not licensed to add any AsiaPaperMarkets user to your email or physical mail list. For more information, see AsiaPaperMarkets’s Privacy Policy.

Re-Posting Content: By posting Content on AsiaPaperMarkets, it is possible for an outside website or a third party to re-post that Content. You agree to hold AsiaPaperMarkets harmless for any dispute concerning this use. If you choose to display your own AsiaPaperMarkets-hosted image on another website, the image must provide a link back to its listing page on AsiaPaperMarkets.

Idea Submissions: AsiaPaperMarkets considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and AsiaPaperMarkets shall not be liable for the disclosure or use of such Material. If, at AsiaPaperMarkets’s request, any member sends Material to improve the site (for example to customer support), AsiaPaperMarkets will also consider that Material to be non-confidential and non-proprietary and AsiaPaperMarkets will not be liable for use or disclosure of the Material. Any communication by you to AsiaPaperMarkets is subject to this Agreement. You hereby grant and agree to grant AsiaPaperMarkets, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

6. Information Control

AsiaPaperMarkets does not control the Content provided by users that is made available on AsiaPaperMarkets and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

You acknowledge that AsiaPaperMarkets may or may not pre-screen Content, but that AsiaPaperMarkets and its designess shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, AsiaPaperMarkets and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.

You acknowledge, and consent to and agree that AsiaPaperMarkets may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over AsiaPaperMarkets or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; © respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of AsiaPaperMarkets, its users and/or the public.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using AsiaPaperMarkets, you agree to accept such risks and that to the maximum extent permitted by applicable law, AsiaPaperMarkets (and AsiaPaperMarkets’s officers, directors, agents, affiliates, joint ventures, creators and employees), under no circumstances, will be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed transmitted or otherwise made available on the Sites, or any acts or omissions of users on AsiaPaperMarkets. Please use caution, common sense, and practice safe buying and selling when using AsiaPaperMarkets.

7. Resolution of Disputes and Release

Disputes with AsiaPaperMarkets: In the event a dispute arises between you and AsiaPaperMarkets, please contact AsiaPaperMarkets. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Singapore, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.

Disputes with Users or Third Parties: AsiaPaperMarkets has no obligation to resolve disputes between users or between users and outside parties. To the extent that AsiaPaperMarkets attempts to resolve a dispute, AsiaPaperMarkets will do so in good faith based solely on AsiaPaperMarkets’s policies. AsiaPaperMarkets will not make judgments regarding legal issues or claims.

Should you have a dispute with one or more users, or an outside party, you release AsiaPaperMarkets (and AsiaPaperMarkets’s officers, directors, agents, affiliates, joint ventures, creators and employees) from any and all claims, demands and damages (actual and consequential) 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. AsiaPaperMarkets encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

8. AsiaPaperMarkets’s Intellectual Property

AsiaPaperMarkets, and other AsiaPaperMarkets graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of AsiaPaperMarkets in Singapore and/or other countries. AsiaPaperMarkets’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

9. Access and Interference

AsiaPaperMarkets may contain robot exclusion headers which contain internal rules for software usage. Much of the information on AsiaPaperMarkets is updated on a real-time basis and is proprietary or is licensed to AsiaPaperMarkets by AsiaPaperMarkets’s users or third-parties. You agree that you will not engage in Automated Data Collection for any purpose whatsoever without AsiaPaperMarkets’s prior express written permission. Additionally, you agree that you will not:

• Take any action that imposes, or may impose, in AsiaPaperMarkets’s sole discretion, an unreasonable or disproportionately large load on AsiaPaperMarkets’s infrastructure
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses of AsiaPaperMarkets from the Site except with prior express written permission of AsiaPaperMarkets and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
• Bypass AsiaPaperMarkets’s robot exclusion headers or other measures AsiaPaperMarkets may use to prevent or restrict access to AsiaPaperMarkets.

10. Breach

Without limiting any other remedies, AsiaPaperMarkets may, without notice, delay or immediately remove Content, warn AsiaPaperMarkets’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

AsiaPaperMarkets suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; AsiaPaperMarkets is unable to verify or authenticate any of your personal information or Content; or AsiaPaperMarkets believes that a user is acting inconsistently with the letter or spirit of AsiaPaperMarkets’s policies, has engaged in improper or fraudulent activity in connection with AsiaPaperMarkets or the actions may cause legal liability or financial loss to AsiaPaperMarkets’s users or to AsiaPaperMarkets.

11. No Warranty

ASIAPAPERMARKETS, ASIAPAPERMARKETS’S AFFILIATES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND ASIAPAPERMARKETS’S SUPPLIERS PROVIDE ASIAPAPERMARKETS’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ASIAPAPERMARKETS, ASIAPAPERMARKETS’S AFFILIATES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES AND ASIAPAPERMARKETS’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ASIAPAPERMARKETS SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Liability Limit

IN NO EVENT SHALL ASIAPAPERMARKETS, AND (AS APPLICABLE) ASIAPAPERMARKETS’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR ASIAPAPERMARKETS’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, ASIAPAPERMARKETS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, ASIAPAPERMARKETS IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASIAPAPERMARKETS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ASIAPAPERMARKETS’S AFFILIATES, OFFICERS, DIRECTORS, CREATORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IS LIMITED TO $1.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD ASIAPAPERMARKETS AND (AS APPLICABLE) ASIAPAPERMARKETS’S PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CREATORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE SOLICITORS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

14. No Guarantee

AsiaPaperMarkets does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside AsiaPaperMarkets’s control.

15. Legal Compliance; Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and any AsiaPaperMarkets service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Sites (excluding any taxes on AsiaPaperMarkets’s net income).

16. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

17. No Agency

You and AsiaPaperMarkets are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

18. AsiaPaperMarkets Service

AsiaPaperMarkets reserves the right to modify or terminate the AsiaPaperMarkets service for any reason, without notice, at any time. AsiaPaperMarkets reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. What constitutes a “material change” will be determined at AsiaPaperMarkets’s sole discretion, in good faith, and using common sense and reasonable judgment.

19. Notices

Except as explicitly stated otherwise, any notices shall be given by electronic mail to info@vital.com.sg (in the case of AsiaPaperMarkets) or, in your case, to the email address you provide to AsiaPaperMarkets (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, AsiaPaperMarkets may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AsiaPaperMarkets. In such case, notice shall be deemed given three days after the date of mailing.

**

Effective Date: July 08, 2016

AsiaPaperMarkets reserves the right to alter these policies at any time. Your continued use of the Sites and Services after such changes have been posted shall constitute your acceptance of such revised Terms of Service.