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Terms of Service

TERMS AND CONDITIONS

www.astraex.com

Effective date: 1st August 2021

Introduction

Welcome to www.astraex.com (“Site” or “Website”).

This website is owned and operated by Astralis Pte Ltd. from Singapore. Throughout the Site, the terms “we”, “us”, “platform”, “AstraEx” and “our” refer to Astralis Pte Ltd. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, you (“Buyer” or “Seller” – collectively referred to as “User”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, users and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.

AstraEx – General Information

  • About. AstraEx is an agricultural classified and e-commerce marketplace website that allows businesses around the world to post their products for sale. It also allows businesses to setup their individual stores to sell their product directly via AstraEx. To find out more information about what we do, please refer to our website.

  • Sole discretion. We reserve the right to add/discontinue any product or service anytime at our sole discretion.

Eligibility

The website use is strictly limited to parties who can lawfully enter into and form contracts on the Internet. AstraEx makes no representation that materials contained in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Site and any services or products offered on the Site are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and any services or products offered on the Site are not available to and may not be used by minors.

Responsibility

AstraEx acts as an online agriculture classified/marketplace platform to allow our users who comply with these Terms to offer, sell, and buy agriculture products and services listed on the Website. AstraEx is not a party to any transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Website at your own risk and any liability is between the buyer and seller only. More broadly speaking, the Users guarantee Astralis Pte Ltd. against any claims raised by third parties in connection with the wording of their Product Pages and/or the description of the Products that they offer for sale on AstraEx.

  • Transaction Cancellation

The same transaction can only be cancelled 5 times mutually within an Order.

Payments

Buyers and Sellers are able to transact through AstraEx via several accepted payment methods for transaction processing services.  Our site accepts the following payment methods including but not limited to:

  • Stripe
  • PayPal
  • Braintree
  • Payoneer
  • Bank Transfer
  • Credit/Debit Cards
  • Any other payment method displayed on our website.

By enabling any Third Party Applications, you are expressly permitting us to disclose information regarding you and your business to the operators of such Third Party Applications as necessary to facilitate your use of transaction processing services. You agree to provide all information requested by AstraEx and/or the applicable Third Party Application operator in connection with enabling payment processing, verifying your identity, satisfying IRS reporting obligations and complying with any other legal or compliance requirements, including but not limited to your bank account and routing numbers and Tax ID or Social Security Number. You shall promptly notify AstraEx and/or the applicable Third Party Application operator of any change or update to any information previously provided to AstraEx and/or the applicable Third Party Application operator (as applicable). Your bank and payment account information is stored only with the Third Party Applications you use for transaction processing. AstraEx does not store your payment information on its systems, unless you include your payment information in Your Content, and shall not have any responsibility for the safety or security of that information. The following are some of the Third Party Applications the Service is integrated with for Transaction Processing:

  • Stripe. AstraEx uses Stripe service operated by Stripe, Inc (“Stripe”). By using the Stripe payment processing services, you acknowledge that you you agree to the collection, use and disclosure practices by Stripe set forth in Stripe Privacy Policy, available at https://stripe.com/us/privacy.
  • Paypal. AstraEx uses services provided by Paypal. By using Paypal for payment processing services, you hereby expressly consent that AstraEx may transmit, use, store and transmit to PayPal Your Content as is reasonably necessary in order to provide you with use of PayPal’s services in conjunction with the Service. You may withdraw such consent at any time by disabling use of PayPal services through the Service user interface. If you accept PayPal payments in connection with invoices generated or sent through the Service for amounts due to you from your customers, you agree to publish and abide by a refund policy with respect to such payments that complies with all applicable laws, rules and regulations.
  • Payoneer. AstraEx uses services provided by Payoneer. By using Payoneer for payment processing services, you hereby expressly consent that AstraEx may transmit, use, store and transmit to Payoneer. Your Content as is reasonably necessary in order to provide you with use of Payoneer’s services in conjunction with the Service. You may withdraw such consent at any time by disabling use of Payoneer services through the Service user interface. If you accept Payoneer payments in connection with invoices generated or sent through the Service for amounts due to you from your customers, you agree to publish and abide by a refund policy with respect to such payments that complies with all applicable laws, rules and regulations.
  • Braintree. AstraEx uses services provided by Braintree. By using Payoneer for payment processing services, you hereby expressly consent that AstraEx may transmit, use, store and transmit to Braintree. Your Content as is reasonably necessary in order to provide you with use of Braintree’s services in conjunction with the Service. You may withdraw such consent at any time by disabling use of Braintree services through the Service user interface. If you accept Braintree payments in connection with invoices generated or sent through the Service for amounts due to you from your customers, you agree to publish and abide by a refund policy with respect to such payments that complies with all applicable laws, rules and regulations.

We reserve the right to add/remove any payment method on our site at our sole discretion. The User undertakes not to directly contract or make any direct payments to other Users of AstraEx, with whom he/she has had contacts through this network, other than through the AstraEx platform.

  • Accounts and Payment Modes

Users may register multiple accounts with the same payment mode and may only register one of each payment mode type per user account.

  • Clearing Period

A clearing period of 14 days will be made to accommodate the longest types of processing (i.e. Bank Transfer).

  • Auto-completion of Order

Without confirming the completion of Order, the order will be automatically completed after a period of 60 days from point of order confirmation. This is to take into account unforeseen circumstances in delays in delivery and cargo that is significant in volume/size.

Conditions for Sellers/Businesses

This section applies to sellers/businesses who have set up the store on AstraEx and selling their products. Your shop represents you and your business to AstraEx. It’s important that you, your items and your shop are honestly and accurately represented.

By listing a product for sale on AstraEx you understand and agree that you are responsible for complying with all applicable laws and regulations for the products you list for sale, including any required labels and warnings. AstraEx assumes no responsibility for the accuracy, labelling, or content of your listings.

By selling on AstraEx, you agree that you will:

  • Provide honest, accurate information in your shop on AstraEx.
  • Honour your and AstraEx policies.
  • Ensure your shop content, such as any text, photos or videos used to represent yourself, your shop or your listings, abide by AstraEx policies, including our Anti-Discrimination policy.
  • Accurately represent your items in listings and listing photos.
  • Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to AstraEx.
  • Not engage in any illegal or fraudulent activity.
  • Not create duplicate shops or take any other action (such as manipulating clicks, baskets or sales) for the purpose of shilling, manipulating search or circumventing AstraEx policies.
  • Not coordinate pricing with other sellers.
  • Featured Ad conditions

Featured ads will be up for a period of 15 days and the pricings are USD 10, 5 and 1.5 respectively for Homepage, Parent Category and Sub Category.

  • Maximum allowable limit – Images

The maximum allowable limit is 10MB for both Cover images and other images.

  • Unresponsive Accounts

Sellers will be marked as “Unresponsive” in their statuses if 10 or more proposed orders are left unanswered.

  • Pending Orders

Sellers must accept or cancel the order within 24 hours, otherwise the order will automatically be cancelled and the buyer will be refunded.

User Content and Conduct

All information, classified ads, data, text, software, music, photographs, graphics, images, avatars, video, messages, advertisements, ideas, reviews, opinions, questions, suggestions and other materials (“Content”) that are posted, e-mailed, transmitted, uploaded or otherwise submitted through your use of the Site are submitted at your own risk and are your sole responsibility. If you are posting Content generated by or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms. You should not submit any Content that may cause harm or injury to any party. Do not publicly disclose any personal information about yourself or others.

You agree that you are responsible for your own conduct when using the Site. Misuse or unauthorized use of the Site, its contents, AstraEx’s network and systems, or of any information, images or other materials on the Site is strictly prohibited, and AstraEx reserves the right, at its sole discretion and without liability, to immediately suspend or terminate access by any user who is using, or who AstraEx reasonably believes may be using the Site or its contents in violation of these Terms. You agree that you will use the Site, including all Content, only in ways that are legal, proper and in accordance with these Terms, accepted Internet protocol, and applicable rules, policies and guidelines. Without limiting the generality of the foregoing, by using the Site, you agree not to:

  • interfere or attempt to interfere with, or obtain unauthorized access to, AstraEx or its Third Party Content providers’ content, data, computers, systems or system security;
  • upload, post, distribute, e-mail or otherwise publish or make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized commercial communication, or to “hack” or “phish” us or other users;
  • solicit or otherwise attempt to collect, discover, store or disseminate passwords, email addresses, addresses, telephone numbers, personally identifying information, or other non-public information from AstraEx or other users;
  • create usernames that are objectionable, including those that utilize typographical obfuscations;
  • defame, abuse, threaten or otherwise violate the legal rights of others, including rights regarding privacy and publicity;
  • download any file posted by someone else that you know, or should reasonably know, cannot be legally distributed;
  • modify, retransmit, distribute, disseminate, display, sell, publish, broadcast or circulate any Content (other than your own) to any third party, or establish a link from any other site to the Site, without our prior consent;
  • impersonate anyone else, or create user accounts by automated means or under false pretences;
  • remove, alter or conceal any copyright, trademark or other proprietary rights notices from our materials, or from materials created by others, without prior permission;
  • submit Content that falsely expresses or implies that it is approved or endorsed by us or others;
  • upload, post, distribute, e-mail or otherwise publish or make available any Content that you know to be inaccurate or misleading, or that is illegal, libelous, defamatory, obscene, harmful, vulgar, sexually explicit, threatening, tortuous, harassing, abusive, invasive of another user’s privacy, racially or ethnically objectionable, or which promotes hatred, physical harm or injury against any person or group;
  • upload, post, distribute, e-mail or otherwise publish or make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as insider information, and proprietary and confidential information learned or disclosed as part of an employment relationship or under a non-disclosure agreement);
  • upload, post, distribute, e-mail or otherwise publish or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party including, without limitation, posting an unauthorized copy of another person’s copyrighted work;
  • upload, post, distribute, e-mail or otherwise publish or make available any material that contains software viruses or any other computer code, files or programs designed to interfere with, destroy or limit the functionality of any computer software or system, website, application, telecommunications, or other equipment; or
  • otherwise use the Site in a manner that could, in AstraEx’s sole opinion, adversely affect the ability of other users to use the Site, any Content, the Internet, or any sites supplied by Third Party Content providers.

We reserve the right, but do not assume the obligation, to remove or block access to any Content, and/or to ban users who violate these Terms from using the Site. We also reserve the right to reveal users’ identities (or any other information that we may know about users, including IP address(es)) in the event of a complaint or legal action, including a request by law enforcement authorities. AstraEx assumes no liability or responsibility for any unauthorized modifications to the Site, or for any information posted, uploaded or otherwise added to the Site by any party other than AstraEx.

You understand that by using the Site, you may be exposed to Content that is incomplete, inaccurate, high risk, unlawful, offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any loss, damage or injury (including, but not limited to, death or economic loss) related to, or arising from the use or loss of, any Content (whether yours, ours or someone else’s) including, but not limited to, as a result of any errors or omissions in any Content or in the Site.

Shipping, refund, exchange, return and cancellation policy 

Please refer to our Shipping, refund, exchange, return and cancellation policy for more information on this section.    

Limited License and Site Access; Acceptable Use

You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. AstraEx is not responsible for any errors or delays in responding to any inquiry or request caused by any outdated or incorrect information provided by you or any technical problems beyond the control of AstraEx. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify AstraEx immediately of any breach of security or unauthorized use of your account. AstraEx cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at [email protected]

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

Monitoring Activity

AstraEx has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. AstraEx has no obligation to display or post any content. AstraEx, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ASTRAEX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Limitation of Liability

You agree that in no event shall AstraEx be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or AstraEx’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

Indemnification

You agree to indemnify and hold AstraEx and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Singapore and you hereby submit to the exclusive jurisdiction of the Singaporean courts.

Children

If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

Force Majeure

AstraEx is not liable for any delays caused by circumstances beyond AstraEx’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above.

Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and AstraEx concerning the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive AstraEx’s right to act concerning subsequent or similar breaches.

Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to AstraEx shall survive any termination.

Contact Us

For any questions, complaints, and queries or to report any violations, kindly send an email on [email protected]

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