User Agreement

By accessing, viewing, downloading or otherwise using RETAILinasia or any webpage or feature available through RETAILinasia, any information provided as part of the RETAILinasia services, or any related emails, newsletters or services (hereinafter collectively “RETAILinasia” or the “Services”), or by clicking “Join RETAILinasia” during the registration process, you conclude a legally binding agreement with RETAILinasia, 16/F, Guangdong Investment Tower, 148 Connaught Road Central, Hong Kong (“we”) based on the terms of this RETAILinasia User Agreement (“Agreement”) and become a RETAILinasia user (“User”). If you are using RETAILinasia on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Join RETAILinasia” and do not access, view, download or otherwise use any RETAILinasia webpage, information or services.

We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

1. Your Obligations — What You Must Do

Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:

  • DOs and DON’Ts 
  • Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content 
  • Other Notices 
  • RETAILinasia’s Privacy Policy 

License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform RETAILinasia in the event that any such information has changed since your registration with RETAILinasia and, if appropriate, you agree to make such modifications yourself to your profile.

RETAILinasia exercises no control over any content you or others submit while using RETAILinasia. RETAILinasia has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through RETAILinasia in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform RETAILinasia.

Prior to joining RETAILinasia, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of RETAILinasia Users and to RETAILinasia and you must not communicate to RETAILinasia and its Users any information the dissemination of which could be harmful to you.

Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from RETAILinasia; (c) are not a direct competitor of RETAILinasia; (d) do not have more than one RETAILinasia account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to RETAILinasia, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach (customer_service@RETAILinasia.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your RETAILinasia account or any information therein to another party or charging anyone for access to any portion of RETAILinasia, or any information therein.

Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to RETAILinasia or (c) any activity in which you engage on or through the RETAILinasia.

Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.

Forums/Blogs/Chat Rooms: RETAILinasia may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. RETAILinasia cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. RETAILINASIA AND THE RETAILINASIA AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.

Privacy: You should carefully read our full Privacy Policy before deciding to become a User of RETAILinasia. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.

2. Your Rights — What You May Do

On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on RETAILinasia webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.

3. Our Rights and Obligations — What We Must And May Do

The purpose of RETAILinasia is to provide a service to facilitate professional networking among Users throughout Asia. It is intended that Users only connect to other Users who they currently know and seek to further develop a professional relationship with those Users.

For as long as RETAILinasia continues to offer services, RETAILinasia shall provide (and seek to update, improve and expand, in similar and different new ways) the RETAILinasia platform and service with the purpose of providing all members with professional networking connectivity, through RETAILinasia’s proprietary tools, rules and protocols which RETAILinasia may update, improve, discontinue and change at any time, at RETAILinasia’s sole discretion.

Any other use of RETAILinasia (such as seeking to connect to someone a User does not know or to use RETAILinasia as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.

We allow you to access RETAILinasia as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue RETAILinasia, partially or entirely, or to charge and modify prices for RETAILinasia. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in RETAILinasia and all related items.

RETAILinasia reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, RETAILinasia has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

RETAILinasia may include or automatically produce links to third party web sites (“Third Party Sites”). RETAILinasia is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. RETAILinasia may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave RETAILinasia and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from RETAILinasia or relating to any applications you use or install from the site.

RETAILinasia enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by RETAILinasia and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).

Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to RETAILinasia’s Privacy Policy.

You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of RETAILinasia, the RETAILinasia Affiliates, its Users and the public.

RETAILinasia may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.

You are solely responsible for your interactions with other members. RETAILinasia reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if RETAILinasia determines, in its sole discretion, that doing so is prudent.

4. Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON RETAILINASIA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR RETAILINASIA AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY RETAILINASIA OR ANYTHING RELATED TO RETAILINASIA, YOU MAY LEAVE RETAILINASIA AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

RETAILINASIA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH RETAILINASIA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

RETAILINASIA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, RETAILINASIA DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

RETAILINASIA DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. RETAILINASIA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, RETAILINASIA DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE RETAILINASIA SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO RETAILINASIA.

5. Limitation of Liability 

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither RETAILinasia nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“RETAILinasia Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from RETAILinasia even if RETAILinasia is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

  1. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and 
  2. not apply to any damage that RETAILinasia Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement. 

6. Termination

You may terminate this Agreement, for any or no cause, at any time, with notice to RETAILinasia which shall be effective upon RETAILinasia processing such notice. RETAILinasia may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your RETAILinasia account includes disabling your access to RETAILinasia (including any content you submitted or others submitted) and may also bar you from any future use of RETAILinasia.

In furtherance and without limiting the foregoing, RETAILinasia has adopted a policy of terminating, in appropriate circumstances and at RETAILinasia’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. RETAILinasia may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

7. Consequences of Termination

Upon termination, you lose access to RETAILinasia. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.

8. General Terms

Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices: We may notify you via postings on www.RETAILinasia.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at Content@RETAILinasia.com or via mail or courier at RETAILinasia; 16/F, Guandong Investment Tower, 148 Connaught Road Central, Hong Kong any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.RETAILinasia.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.

No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any RETAILinasia Affiliate shall be deemed legally binding on any RETAILinasia Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of RETAILinasia.

No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

Beneficiaries: RETAILinasia Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral notation, effective upon notice to you, RETAILinasia Corporation for any third party that assumes our rights and obligations under this Agreement.

9. Complaints

Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.

10. RETAILinAsia User DOs & DON’Ts

As a condition to access RETAILinasia, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

DO

  • comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; 
  • provide accurate information to us and update it as necessary; 
  • review the Privacy Policy; 
  • review and comply with notices sent by RETAILinasia concerning RETAILinasia; 

DON’T

  • duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit RETAILinasia (excluding content posted by you) except as permitted in the User Agreement; 
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide RETAILinasia, or any part thereof; 
  • include information in your profile or in Status Updates which reveals your identity such as an email address, phone number or address or is confidential in nature; 
  • utilize information, content or any data you view on and/or obtain from RETAILinasia to provide any service that is competitive, in RETAILinasia’s sole discretion, with RETAILinasia; 
  • imply or state, directly or indirectly, that you are affiliated with or endorsed by RETAILinasia unless you have entered in to a written agreement with RETAILinasia Corporation (this includes representing yourself as an accredited RETAILinasia trainer if you have not been certified by RETAILinasia as such); 
  • adapt, modify or create derivative works based on RETAILinasia or technology underlying the Services, or other Users’ content, in whole or part; 
  • rent, lease, loan, trade, sell/re-sell access to RETAILinasia or any information therein, or the equivalent, in whole or part; 
  • deep-link to the Site for any purpose, (i.e. including a link to a RETAILinasia web page other than RETAILinasia’s home page) unless expressly authorized in writing by RETAILinasia or for the purpose of promoting your profile or a Group on RETAILinasia; 
  • access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval; 
  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in the site; 
  • use automated methods to add contacts, send messages or other permitted activities; 
  • access, via automated or manual means or processes, RETAILinasia for purposes of monitoring its availability, performance or functionality or for any competitive purpose; 
  • engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of RETAILinasia’s website; 
  • attempt to or actually access RETAILinasia by any means other than through the interface provided by RETAILinasia; 
  • attempt to or actually override any security component included in or underlying RETAILinasia; 
  • engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses; 
  • remove any copyright, trademark or other proprietary rights notices contained in or on RETAILinasia, including those of both RETAILinasia or any of its licensors; 
  • remove, cover or otherwise obscure any form of advertisement included as part of RETAILinasia; 
  • use any information obtained from RETAILinasia to harass, abuse or harm another person; 
  • collect, use or transfer any information, including but not limited to, personally identifiable information obtained from RETAILinasia except as expressly permitted in the User Agreement or the owner of such information may expressly permit; 
  • interfere with or disrupt RETAILinasia, including but not limited to any servers or networks connected to RETAILinasia, or disobey any requirements, procedures, policies or regulations of networks connected to the RETAILinasia; 
  • invite people with whom you have no prior relationship to join your network; 
  • upload a cartoon, symbol, drawing or any content other than a photograph of yourself in your profile photo; 
  • use or attempt to use another's account without authorization from the Company, or create a false identity on RETAILinasia; 
  • infringe or use RETAILinasia’s brand, logos and/or trademarks, including, without limitation, using the word “RETAILinasia” in any business name, email, or URL or including RETAILinasia’s trademarks and logos on any website without authorization; 
  • upload, post, email, transmit or otherwise make available or initiate any content that: 
  • falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; 
  • is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; 
  • includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by RETAILinasia; 
  • includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  • infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; 
  • includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using RETAILinasia invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using RETAILinasia to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases. 
  • contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of RETAILinasia or any User of RETAILinasia; 
  • forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or 
  • adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field). 
  • Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices;