Trealth provides trade facilitation services through its website, applications and marketplaces (“Trealth Services”)for international trade. These include applications to enter trade transactions, collaborate with counter-parties and partners (like logistics, payments, etc.) and trade network (“Trealth Connect”) with profiles to facilitate international trade.
This user agreement covers all services provided by Trealth including the websites, applications and trade network.
Users acknowledge that the Websites, Applications and Marketplaces are strictly B2B (business-to-business) marketplaces and that they are only intended for use of and shall only be used by professional users and individuals acting in a professional capacity which have reached the age of eighteen (18) and that the Websites and Marketplaces are not intended for use of consumers. Any embargoed persons or persons from embargoed countries are excluded from using the Websites, Applications and Marketplaces. Users can have various roles in a transaction like a buyer or seller or a service provider.
User Agreement is available under www.trealth.com/legal and can be printed out or locally saved.
You agree that by clicking “Join Now” “Join Trealth”, “Sign Up” or similar, registering, accessing or using our services (including Trealth, our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).
Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
Unless explicitly agreed otherwise by Trealth in writing, general terms and conditions and/or other contractual documents issued or provided by the Member are explicitly waived and excluded. This shall also apply in case the Member encloses general terms and conditions or other documents to the deal or “deal confirmation” or discloses such general terms and conditions or other documents otherwise to Trealth.
Trealth may exclude any Member at Trealth’s sole discretion from the use of Trealth Services at any time.
To use the Services, you agree that: (1) you must be 18 years or older; (2) you will only have one Trealth account, which must be in your real name; (3) you are not already restricted by Trealth from using the Services; and (4) you are not an embargoed person or from an embargoed country.
As between you and others your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; and (3) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.
As a member, you will be part of an organization and will have ability to invite other members of your organization and partners outside your organization to the Trealth Services. You are responsible for all the invitations and should not invite embargoed persons or persons in embargoed countries.
Members who are intending to buy or sell products or services via the Websites and Marketplaces are required to provide the applicable tax identification according to the applicable law.
It is the Member’s sole and primary responsibility to hold his username and password (the Credentials) confidential, and to prevent by all means the use of these Credentials by any other person than the member himself. The member is liable for any damages resulting from an unauthorized use of the Credentials by any third party provided that the unauthorized use has been allowed by an insufficient and/or careless protection of the Credentials by the member. The Member undertakes to notify Trealth immediately upon any suspicion or indication of unauthorized use of the Credentials or any other form of breach of security.The member agrees that Trealth may contact him using the contact information provided by him during the registration. Costs incurring to the User in connection with the contacting, as for instance roaming costs, shall be borne by the User.
The Trealth services are provided on an “as is” and “as available” basis without any warranties of any kind, whether explicit or implicit, to the fullest extent permitted by law.
Trealth undertakes reasonable efforts to provide complete, accurate and current information from trustworthy sources. In no case however shall Trealth warrant, or deemed to have warranted, whether explicitly or implicitly, that the information provided on the Websites, Applications and Marketplaces is complete, accurate or up to date. Any decisions of the member based on the information provided by the Websites, Applications and Marketplaces or by Trealth are taken at the member’s own risk.
Trealth is not liable for any direct, indirect, incidental, intangible or consequential damages, including profit losses, resulting in any way from but not limited to any defects, viruses or other issues with the infrastructure involved in the access or use of the Trealth Services. Trealth is neither liable for any interception, modification or misuse of information exchanged between the member and Trealth nor for the abuse of the Websites, Applications and Marketplaces, loss of data, use of software made available on the Websites, Applications and Marketplaces nor for any third party claims related to the use of the Websites, Applications and Marketplaces.
Member acknowledges and agrees that Trealth shall be exempt from and does not make any implied or express representations or warranties, or provide any guarantees, to the Member with regard to any sold goods or services using Trealth services.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the lesser of (a) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $100.
5.1 Trealth protects the Member’s privacy and holds the member’s personal information confidential in accordance with Trealth’s Privacy & Data Policy. The Privacy & Data Policy is available under www.Trealth.com/privacy-data-policy and can be printed out or locally saved.
Trealth has implemented various technical and organization measures designed to reasonably protect the Member’s personal information and reasonably prevent unauthorized use of the Websites, Applications and Marketplaces. However, Trealth cannot guarantee that these measures will not be circumvented by unauthorized third parties. The member provides his personal information at his own risk.
5.2 Trealth Connect Content
As between you and Trealth, you own the content and information that you submit or post to the Trealth Connect Service and you are only granting Trealth the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
a. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
c. We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other Members and/or Visitors may access and share your content and information, consistent with your settings and degree of connection with them.
d. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
e. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.
By submitting suggestions or other feedback regarding our Services to Trealth, you agree that Trealth can use and share (but does not have to) such feedback for any purpose without compensation to you. You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Trealth may be required by law to remove certain information or content in certain countries.
6.1 It shall be the member’s responsibility to comply with any legal requirements regarding the use of the Trealth Services of the respective countries, or the country the member accesses the Trealth Services from.
As a Member you undertake not to engage in any activity that may be harmful to and/or negatively affect the operation of Trealth Services, including but not limited to its servers, software, content, infrastructure, code, availability, system security or other internet users of the Websites, Applications and Marketplaces. Specifically, without limitation, the following activities are prohibited: interference with the Websites, Applications and Marketplaces’ encryption systems, data transmissions and security systems or bypassing thereof; distributing, copying or republishing any part of the Websites, Applications and Marketplaces in any other channel or medium, whether manually or in an automated fashion (scraping); uploading any false information; uploading of viruses, worms or similar software; use of any automated system to access the Websites, Applications and Marketplaces if such system produces more traffic or server requests than manual conventional use; impersonation or misrepresentation of the Members’s identity and his affiliations; collection of personal information of other Members such as usernames or IP addresses.
For transactions using Trealth, Members shall provide all the relevant information for the order including the product information, delivery address, applicable tax information like VAT ID’s and other information needed for the purposes of import/export.
6.2 Method of Payment and Source of Funds
Payments for product classification services and Trealth subscriptions shall be made via bank transfers or credit card. For payments for Trealth Turbo Trade transactions, unless other payment terms have specifically been agreed in writing, the payments shall be made via bank transfer through the Escrow account provided by Trealth partner.
All payments must be made with the Member’s own funds. The bank account used for any payments must be in the name of the user.
6.3 Additional Fees
Any additional and outstanding fees such as for premium inspections are payable by user as per the contracted terms. The user’s acknowledge and agree that payment of such fees and surcharges will be required before the transport and delivery of the relevant goods can be conducted.
Trealth shall arrange and pay for transport of the relevant goods from its current location to the place of delivery agreed with the user and any export/import customs fees, transport, insurance premium, bank fees and other third-party costs related to the delivery of the goods to the user will identified to the user. The appropriate user will be responsible for paying for these services.
6.5. Import/Export and Import/Export Control
a. Trealth shall maintain reasonable compliance programs to ensure comliance with with any applicable import/export compliance regulations of the place of business of Trealth and/or of the country of import/export of the relevant goods. Trealth will not assume risk where the user misleads Trealth or the user omits relevant compiance information. b. The user represents that he is not subject to any export control restrictions and acknowledges that Trealth may fully rely on such representation.
c. The user acknowledges that Trealth will not sell to any embargoed persons or countries according to USA regulations or any regulations in place at the origin or ship-from country of the goods, or which any third party seller may be subject to, which may include (but is not limited to) UN, EAR, OFAC or ITAR regulations.
d. For certain markets, Trealth may facilitate the import of the relevant goods to the destination country for the Buyer as an importer of record. The Buyer shall, however, in any case remain the deemed importer of record, and Trealth and its dedicated logistics partners shall hereby act as agents of the Buyer only. The Buyer undertakes to hold Trealth harmless against any damages caused by Trealth being the importer of record. The Buyer agrees to provide Trealth with any information and documents necessary for the purpose of importing the relevant goods to the destination country in question.
e. Users shall not user Trealth for any of the prohibited transactions listed below. Trealth, may also in its sole discretion, refuse any deal or refuse to complete any deatl that Trealth has reason to believe is unauthorized or made by someone other than a User, may violate any law, rule or regulation, or if Trealth has reasonable cause not to honor it. Each user agrees to indemnify and hold Trealth and it’s partners harmless for losses resulting from any use or attempted use of the Services in violation of these Terms of Service.
a. Any illegal items, or is for any illegal purpose;
b. Any obscene material;
c. Any munitions or firearms;
d. Pirated software, DVD or videos or item(s) otherwise infringing copyrighted works;
e. Illegal drugs or controlled substances;
f. Transactions directly or indirectly involving persons (individuals or entities) with whom U.S. persons are prohibited from engaging pursuant to sanctions and export controls administered by the Departments of Treasury, Commerce and State;
6.6. Destination Country Regulations
The compliance of any goods for which a binding contract is concluded between the users acting as buyer and seller with any safety, emission or other local regulations of the destination country indicated in the Confirmation, or the Updated Offer, respectively, shall be within the full responsibility of the Buyer.
6.7. Delivery Date
Trealth will provide an estimated date range for the delivery of the goods to the destination specified in the Confirmation or the Updated Offer, respectively. The user acknowledges and agrees that such date range is an estimate only provided by Trealth in good faith and made by applying reasonable care and shall under no circumstances be deemed guaranteed. Notwithstanding the foregoing, Trealth will, however, undertake reasonable efforts to deliver the goods in an adequately short timeframe.
Trealth will use reasonable efforts to ensure that the Websites and Marketsplaces are available with the least downtime possible. However, Trealth is not liable or responsible for any downtime or subsequent result of any downtime.
Notwithstanding that Trealth may monitor the content of the Websites and Marketplaces, the User acknowledges and agrees that Trealth is not under the obligation to do so.
Trealth may change or delete any content of the Websites and Marketplaces, restrict the User’s access or terminate the service at any time and at its sole discretion without prior notice.
Trealth is not responsible for any practices of third party websites it may be linked to or which are linked on the Websites and Marktplaces. The User acknowledges that (i) following such links is at his own risk, (ii) Trealth has no affiliation with such websites and (iii) Trealth is not liable for any consequences related to visits of such third-party websites.
Trealth, or the respective licensors, reserve all rights (including copyrights, patents, trademarks and any other intellectual property rights) with regards to all information (including designs, texts, graphics and code) disclosed on or through the Websites and Marketplaces. The User acknowledges that it is prohibited to copy, publish in any way, distribute, multiply, modify or download any information on the Website and Marketplaces without the prior written consent of Trealth or the proprietor of respective intellectual property rights. The Trealth trademark is the exclusive property of Trealth. The User acknowledges Trealth’s exclusive worldwide rights to the Trealth trademark and the Trealth logo.
Should a User believe that his or any affiliated party’s copyrights or other intellectual property rights have been infringed by any content disclosed on the Website and Marketplaces, the User shall send a notice to Trealth’s contact details below, along with an authorization to act on behalf of the owner of the intellectual property right, a description of the alleged infringement, information about the location of the content in question, the User’s contact information, together with a statement of good faith belief that the disclosure of the content on the Website and Marketplaces use is not authorized and a statement that all information in the User’s notice is accurate.
Should any part of these Terms and Conditions be held to be invalid or unenforceable, the other provisions of these Terms and Conditions shall nonetheless remain valid. In this case, the invalid or unenforceable provision shall be replaced (by court order, as the case may be) by a substitute provision that best reflects the intentions of the original provision.
Trealth reserves the right to amend these Terms and Conditions at any time. Any deviations from these Terms and Conditions shall be agreed in writing and must be duly signed by authorized signatories.
This User Agreement as well as any use of Trealth Services and any contracts concluded via Trealth or the Websites, Applications and Marketplaces are exclusively governed by the laws of the State of California, USA.
The exclusive place of jurisdiction for all disputes arising out of or in connection with this User Agreement, the use of the Websites, Applications and Marketplaces and any contract concluded via Trealth or the Websites, Applications and Marketplaces shall be Sunnyvale, California.
Any notices under this User Agreement shall be sent by written electronic communication and by Member’s choice of registered mail or overnight courier against signature.
440 North Wolfe Rd.
Sunnyvale, CA 94085
E-Mail info (at) Trealth.com
The English language version of these Terms and Conditions is the original version. Should the Terms and Conditions be used in other languages, the English version of the Terms and Conditions shall prevail in case of any inconsistencies.