1.1 Unless otherwise expressly specified in writing, Asiaimportal (HK) Limited (hereinafter referred to as “the Company”), herein trading under the name of “Asiaimportal”, any offer made by the Company to a particular client or to the world at large, any services offered and provided, any content provided by the Company either on its website, www.asiaimportal.de, hereinafter referred to as “the Website” or elsewhere, whether paid for or free of charge, and any resulting contractual relationships between the Company and anyone who issues instructions as stipulated in sections 2.2 (hereinafter referred to as “the Client”) shall be governed by the following conditions of service (hereinafter referred to as “the Terms of Service”).
2. License to Use the Website
2.1 The Company gives permission to the User and the Client to, exclusively for their personal use, freely browse the Website, view, download or print any contents of it, inclusive of, but not limited to, any videos or webinars, any documents available, such as free of charge newsletter, E-books, templates or others.
2.2 Unless the Client issues written instructions to the Company to state to the contrary, no other party is entitled to issue instructions to the Company on behalf of the Client.
In this Agreement the following words shall have the following meanings:
The “Company”/”We”/”Us”: Asiaimportal (HK) Limited, a company established under the laws of Hong Kong, its owners, partners, employees and affiliates.
The “User”/”you”/”your”/”yours”: Anybody who visits the website belonging to the Company, www.asiaimportal.de, downloads its contents, contacts the Company via the contact form, the chat embedded on the Website or over the phone, or performs any other action that the Company deems as exclusively informative.
The “Client”/”you”/”your”/”yours”: Anybody who makes any purchase, payment to or contracts a Service with the Company.
The “Agreement”: the current version of these Terms of Service.
4. Provision of services
4.1 The Company specializes in providing information concerning the process of outsourcing production in Asia and/or entities incorporated in Asia. The Company acts as an independent third party at all times.
All information is delivered to the Client via e-mail and/or is available for consultation and/or download from the “My Account” section on Chinaimportal.com, the main website of the Company.
4.2 Any services provided by the Company (hereinafter referred to as “the Services”/”the Service”), whether paid for or free of charge, the nature of which is exclusively informative, are inclusive of, but not limited to: selecting potentially qualified suppliers, performing supplier audit, providing information on certification requirements, verifying documents, providing product specifications and prices examples gathered from potential suppliers, providing support with regards to administration and communication with suppliers, providing general guidance and advice concerning outsourced production in China/ Asia, conducting general research and gathering information provided by Asian suppliers.
4.3 The Services might be elements composed together and offered by the Company in consulting services (hereinafter referred to as to the “Consulting Services”) or e-courses available in the Website and digital downloadable products (hereinafter referred to as to the “Packages”, which may also include a period of consulting).
For the Consulting Services and their specific conditions please refer to the FAQs on account.chinaimportal.com/sourcing/ (Sourcing Report), account.chinaimportal.com/supplier-screening/ (Supplier Screening),account.chinaimportal.com/product-specification-review/ (Product Specification Review) or or account.chinaimportal.com/online-consulting/ (Online Consulting).
For the Packages (Starter Packages and Buyer’s Guides) and their specific conditions please refer to the FAQs on www.chinaimportal.com. Note that some Packages may contain consulting features as well.
4.4. After placing your order, you can access your Package directly from the “My Account” section. Just login using the username and password you chose in the checkout. The Package shall be accessible within 5 minutes from the purchase. Nonetheless, the Company shall not be held responsible if the Package cannot be accessible due to issues that the Company has no control of, including but not limited to, server issues and third party failures.
4.5 The information provided as a service by the Company to the Client is derived from the results of research the Company performs using third party sources, whether online or physical. The Company shall not be held liable for any information that is incorrect or deemed to be incorrect, as further stipulated in section 11.
4.6 The Company will put its best endeavors to provide the Services using reasonable care and skill and will do so in accordance with the express and specific instructions of the Client and standard commercial practices of the Company.
4.7 The Company may perform the Services for or on behalf of legal persons, such as, but with no limitation to, private individuals and entities (hereinafter referred to as the “Client”), whether private, public or governmental, who issue instructions to the Company.
4.8 The Company reserves the right to delegate the performance of all or part of its services to an agent or subcontractor at any time and the Client hereby authorities the Company to disclose all information necessary for the performance of such services to such agent or subcontractor.
4.9 For the Consulting Services that include suppliers vetting (that is the Supplier Screening), the Company reserves the right to disclose the Client’s name, company name and product information (including but not limited to technical specifications and design files shared with Us) to the suppliers in order to get all the documents necessary to complete the vetting process.
Do not share any files or other information with Us, that you do not want to be shared with the suppliers. We do not offer any sort of insurance or compensation for losses due to Intellectual Property (IP) theft.
4.10 The Company reserves the right to add the email address, provided by the Client at the moment of payment, to a “client mailing list”. The main purpose of this mailing list is to send some emails that explain how to use our services, inform the Client about the new offers and services offered by the Company, and ask the Client to fill in a satisfaction survey. Response to the survey by the Client is discretionary. Also, the Client my opt out from the clients mailing list at any time, just by clicking to the “Unsubscribe” link that is provided in every email.
4.11 The Client acknowledges that the performance of the Service may be delayed due to suppliers or third parties (i.e. test labs) communication delays, holidays in the respective country of the Service performance or other external causes. The Client also acknowledges that the Company has no control over such events and as such shall not be held liable for any loss resulting from the delay. The Company shall make its best endeavours to inform the Client if any such occurrence takes place.
4.12 The Client understands and acknowledges that the documents available from the “My Account” section, such as the “Packages” and other downloadable documents (generally referred to as the “Documents”) as well as the “Consulting Services” purchased, which are delivered by email, should be saved by the Client onto a more durable means of storage, such as but not limited to, a hard drive, as the Company does not have any obligation to provide the Client with any backup of the Documents and disclaims all liability for any loss or damage resulting from a loss of the Documents in the “My Account” section after they had been provided. The Company discourages the Client to upload documents containing personal data in case of data loss resulting from an external event.
4.13 All paying services offered by the Company are only available in English language.
5. User Account
5.1 In order to be able to use the Service, a User must create an account by registering on www.chinaimportal.com (the “User Account”). By creating the User Account, the User agrees to provide information requested for the Company to be able to provide the Service. The User shall be responsible at all times for the data and information they provide or submit on the Website.
5.2 No User Account may be created on behalf of another person or business entity.
5.3 The User’s password and username (the “Login Details”) are personal and non-transferable. The username is generated automatically based on the e-mail address given by the User. The use of the Service by a User identified by their Login Details will be considered to have been performed by the User who, in any case, will be responsible for said use. In any case, any action Users perform on the Website after having been identified with their Login Details will be deemed to have been accepted by the User.
5.4 After logging in onto the Website with his Login Details, the User may post tickets and/or upload documents in order to require online consulting. The Company takes no responsibility for the storage of such a tickets and uploaded documents; thus, the User is the only responsible for the backup of his tickets and uploaded documents.
6. Discount vouchers and coupon codes
6.1 The Client may receive discount vouchers or coupon codes from Us. These discount vouchers or coupon codes may occasionally be used against purchasing services from a third party and they are automatically generated in the “My Account” section of of the Client’s page.
6.2 The Client understands and agrees that a discount voucher or coupon code might not be accepted by the relevant third party. The Company does not take any responsibility nor shall be held liable should such a discount voucher or coupon code not be accepted.
7. Obligations of the Company
7.1 The Company reserves the right to accept or decline any request for the Services or any other service, as the Company deems appropriate according to its general business practices.
7.2 Along with the above the Company shall not be compelled to agree to perform any service, accept a request or reply to an offer. The company shall not be held liable for rejecting to perform any of the above, whether or not it falls out of the scope of the activities generally performed by the Company.
7.3 The Company will put its best endeavors to provide the Client with the requested Service, in a professional and timely manner, as long as such service is deemed appropriate by the Company and has been accepted by the Company prior to the commencement of the Service performance, as per section 4.
8. Obligations of the Client
8.1 The Client undertakes to provide the Company with sufficient instructions and, if necessary, any type of information or documents, or access to such materials, that is required for the Company to perform the service. This obligation is extended throughout the duration of the service performance until the full completion of the service by the Company.
8.2 Along with the above, the Client undertakes to provide the Company with any documents that reﬂect the Client’s engagement with any third parties should such parties act as an agent or a subcontractor of the Client.
9. Payment (on Chinaimportal.com)
Payment for Consulting Services:
9.1.1 All payment for any Consulting Services are to be made using the payment method specified on the Website, which might be, but is not limited to, PayPal, debit or credit card. The price of each Consulting Service may vary according to the particular needs of the Client. Before the Service is purchased the Client will be informed of the price of the Consulting Service they are willing to purchase.
9.1.2 The Client undertakes to make the full payment for Consulting Services prior to the commencement of the service performance, upon booking the Service via the Website.
9.1.3 As off today, we don’t charge VAT for Consulting Services or other services that are bought through our checkout.
9.2 Payment for Packages:
9.2.1 All payments for the Package is to be made using the payment method specified on the Website, which might be, but is not limited to, PayPal, debit or credit card.
9.2.2 The Client undertakes to make the full payment for Packages in advance.
9.2.3 As off today, we don’t charge VAT for Package. However, if you are resident in United Kingdom or in a country belonging to the European Union, you must be registered for VAT and enter your VAT number during the checkout in order to buy a Package.
10. Cancellation and Refunds
10.1 Cancellation and Refunds for Consulting Services:
10.1.1 Subsequently unused or allegedly incorrect information, unused consulting service or any other element of any of the Consulting Services or any other service provided (excluding Packages) and delivered to the Client by the Company shall not be subject to any refund. The Company shall not refund any fees made in respect of the Consulting Services after the payment has been made to the Company, unless the Company fails to deliver the Service.
10.1.2 The specified delivery deadline may be postponed in case the Client provided insufficient information regarding a product, quantity, market, supplier or any other related information.
10.1.3 The specified delivery deadline may be postponed in case the Company requests additional information regarding a product, quantity, market, supplier or any other related information.
10.1.4 The specified delivery deadline may be postponed in case Chinese suppliers, government organizations, test laboratories or other third party companies don’t deliver all the required information on time to the Company.
10.2 Cancellation and Refunds for Packages:
10.2.1 This section applies if and only if You offer to contract with us, or contract with us, as a consumer, i.e. an individual acting wholly or mainly outside your trade, business, craft or profession.
The Client, acting as a consumer, has a right to cancel the access to the Package and get a full refund before the Package is accessed by them within 14 days of the purchase. The Client, acting as a consumer, consent to waive their right to the 14-day cancellation period upon the download of any material included in the Package or the use of any consulting feature included in the Package.
10.2.2 As for today, Packages come with a lifetime access. However, this may change if the Company closes down, if the Website is shut down, or if the Website is sold to another company, who may decide to revoke the lifetime access to old Clients.
11. Limitation of Liability and Indemnification
11.1 The Company is an entity providing services of exclusively informative nature. The Company shall not be held liable at any time for any information that is, or is deemed to be, false, incorrect, erroneous, misleading, ambiguous, incomplete, outdated or modified.
11.2 The Company performs the Services using third party sources and services, including, but without limitation, to data provided online. The Company shall not be held liable for any incorrect information which is provided by any third party company, their affiliate or any of their sources, whether direct or indirect, or any incorrect, erroneous, incomplete, misleading, ambiguous or outdated verification provided to the Company by any third party.
11.3 The Company is neither an insurer nor a guarantor and does not intend to provide services in such capacity at any time and therefore disclaims all liability in such capacity. It is a sole responsibility of the Client seeking a guarantee to obtain insurance the Client deems appropriate with a third party of their choice, should the Client wish to ensure more protection. The Company shall not be held liable for any loss or damage resulting from the Client failing to obtain appropriate insurance. The Company does not have any related entities providing insurance coverage and shall not be expected to provide such service at any time. The Company shall not be held liable for any type of information provided by third party insurers.
11.4 The Services provided by the Company shall be distinguished from any other service the Client seeks from any third parties, such as, but without limitation to, placing orders with suppliers. The Company is not an agent of any third party supplier and shall not be held liable for any loss, damage, injury or death resulting from any such supplier providing the Client with defective, inadequate, incomplete, poor quality or otherwise unsatisfactory goods. The Company also disclaims all liability in cases where any supplier fails to provide the Client with any ordered goods or otherwise acts in bad faith. This liability disclaimer extends to cases where the Client chooses to rely upon the information provided by the Company.
11.5 The Company provides information on product specifications and prices examples, product certification requirements, labelling requirements, product safety standards as well as customs and shipping procedures and other topics related to the general procurement and due diligence process. All this information is frequently subject to change.
Also, certification requirements, labelling requirements, safety standards, customs and shipping procedures are often subject to interpretation by the relevant authorities. Thus, the Company shall not be held liable for any incorrect, erroneous, misleading, ambiguous, incomplete, outdated or modified requirements.
11.6 The information mentioned in section 11.5 above is only guiding information on requirements and standards applicable in the European Union and the United States of America generally. The Company does not provide any information on certification and labeling requirements, as well as customs and shipping procedures, applicable in other geographical markets, local states (United States of America) or Member States (European Union) requirements and standards.
11.7 The Client acknowledges that compliance requirements are often ambiguous and subject to interpretation by local courts or custom officials and do not represent, in any case, an insurance that the goods will be accepted into the country where the Client intend to import the goods.
11.8 The Company might recommend a supplier to the Client. Under any circumstance this information should be fully relied upon by the Client while engaging in any business relationship with the supplier.
11.9 The Company offers online customer support to the Client. This online customer support forms part of the exclusively informative services and should be regarded as such. At no time shall the Company be held liable for any advice or suggestion it provides to the Client resulting in any loss or damage. The Client shall be solely responsible for the manner it employs the advice given into their business activities and practices.
11.10 The opinions expressed on the Website and its contents, such as, but without limitation to, blog articles, webinars, videos, e-courses, downloadable documents, newsletter and reports provided by the Company to you, is exclusively informative. These contents are not indication of any facts, users or clients and shall not be regarded as such. Along with that, regardless of the Company’s best endeavors to keep the Website up to date, the Company does not warrant that the contents of the Website and information available is comprehensive and updated. The User / Client shall be solely responsible for their actions and results arising out of these actions, such as, but not limited to, any type of damage, loss, injury, civil or criminal liability.
11.11 The Company offers the Client (and the User that subscribe to our newsletter) downloadable files which the Company authorizes you to copy, adapt and modify according to your commercial needs, as set forth in clause 12.2. These files are template documents, which the Company offers to you when you use our paid Services. You shall be solely responsible for any loss, damage or dissatisfaction arising out of the usage of these template documents, as the Company disclaims all liability. You hereby agree and by downloading such files you understand that the templates are mere examples of documentation which might assist you with the conduct of your business. The Company discourages you to use these templates without any modifications made by you or your legal representative in order to adapt to your commercial activities, and disclaims all liability with regard to the legality and validity of them in the legal system of which rules you adhere to. You hereby agree that you will hold the Company harmless at any time with relation to these documents as at no time shall the Company be held liable or asked for compensation, for any conflict, misunderstanding or dispute arising between two or more parties using any template document provided by the Company.
11.12 The pages of the Website and its aforementioned contents might contain hyperlinks redirecting the User/ Client to third party websites. The purpose of these links is to guarantee more comprehensive guidance to the User / Client. Notwithstanding that, these third party websites are not by any means controlled by the Company, that shall bear no responsibility or be held liable for the content provided on and activities occurring at these sites. You shall use third party website information, resources or paid-for content at your own risk and be solely responsible for any loss or damage arising out of these actions, as the Company disclaims all liability.
11.13 The Client shall guarantee, hold harmless and indemnify the Company and its ofﬁcers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any Services.
12. Intellectual Property
12.1 The contents of the Website and the downloadable ﬁles provided thereon are protected by international copyright (www.DMCA.com). The User shall, at no time, republish, copy, adapt, create derivative works from or otherwise distribute the contents of the Website, the underlying source code or any elements of the design, unless it is otherwise, expressly and in writing, authorized by the Company, which reserves all rights to the Website and its contents.
12.2 The Company hereby expressly authorizes the Client (or the User) to download, copy and adapt any template that is offered on the Website (either free of charge or paid template) in order to provide you with a better quality service. The Company shall not be held liable for any loss or damage arising out of usage of such agreement, as set forth in clause 11.9.
12.3 The User/Client shall refrain from any unauthorized use of the Website, copying of the content, infringing trademarks and any other intellectual property rights.
13.1 The User/Client who experiences a problem with the Service provided by the Company should raise the matter directly to the Company via the form of contact provided at www.chinaimportal.com.
13.2 The Company will put its best endeavors, but is at no time obliged to, resolve the matter in question to the satisfaction of the User/Client.
15. Choice of Law, Jurisdiction and Dispute Resolution
15.1 The Agreement is construed and shall be governed by the Law of Hong Kong. Disputes between the parties arising out of the Agreement or in connection to the Services shall be submitted to the exclusive jurisdiction of the courts of Hong Kong.
15.2 In the event of any claim, immediate notice must be given to the Company (via the contact form or by email) within seven (7) working days following the discovery of the facts or within thirty days as per date of delivery of the Report.
16. Modifications of the Agreement
The Agreement is subject to modification and review at any time. In case of any discrepancies with any other or past versions of the Agreement, the current version, publicly available on the Website, shall prevail.
Last Modification and Review: 3 January 2018