1.       Eligibility for Membership 

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services.  

2.       Policies 

As a user of the site, you agree to support and in all manner within your control comply with all Website Policies, which are incorporated by reference herein, including but not limited to Product and Services Policy, Anonymity Policy, Regulatory Policy, Cancellation Policy, Payment Policy, Sales Tax Policy, Shipping Policy, Returns Policy, Shilling Policy, and User Privacy Policy.  

3.       Fees 

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and other costs you incur to bid, buy, procure a listing from us or access our servers. We may in our sole discretion add, delete or change some or all of our services at any time.  

4.       Disclaimer 

The Website is only a venue. Our site acts as the venue for buyers and sellers to solicit business. Although, we are involved in the actual transaction between buyers and sellers, however, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer. We cannot and do not control whether or not buyers will complete the purchase of items they have bid on. In addition, note that there are risks of dealing with people acting under false pretense. Because we do not and cannot control the action of others, in the event that you have a dispute with one or more users, you release wtopharma.com Pte Ltd. (and our agents and employees and any third party partners and/or licensees of wtopharma.com Pte Ltd.) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. For legal reasons, we cannot nor do we try to control the information provided by other users, which is made available through our system. We expect that you will use caution -- and common sense -- when using our site. 

5.       Bidding and Buying 

If you bid on an item and your bid is accepted by the seller (or the buyer in the case of a "name your own price" bid), you are obligated to complete the transaction. Bidding has the same effect in law as entering into a firm purchase order. Bids are not retractable except in exceptional circumstances such as the seller (or buyer) materially changing the description of the item after your bid. If you choose to bid on restricted use pesticides, you are certifying that you have the legal right to purchase these products.  

6.       Listing and Selling 

Listings are text descriptions on the Website selected by you from our product database. If you receive one or more bids at or above your stated minimum, then you are obligated to complete the transaction.  

7.       Your Information 

Your information includes any information you provide to us or other users during the registration, bidding or listing process. With respect to Your Information, you agree that:  

i)                     You are solely responsible for Your Information, and wtopharma.com Pte Ltd. acts only as a passive conduit for your online distribution and publication of Your Information. This responsibility includes issuance of all bills of lading and all transportation documents required by applicable statues and regulations. However, we reserve the right to take any action with respect to such information we deem necessary or appropriate in our sole discretion, including, without limitation, deleting, editing or restricting or suspending access to such information, if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. 

ii)                   Your Information and the sale of your item(s) on the Website: (a) shall not knowingly infringe any third party's local and International copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, false advertising, transportation of hazardous material, or sale, distribution and use of pesticides); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) shall not link directly to or include descriptions of goods or services that: (i) are identical to other items you have up for bid but are priced lower than your bid item's minimum bid amount; (ii) are concurrently listed for bid anywhere other than the Website; or (iii) you do not have a right to link to or include. Furthermore, you may not post on our site or sell through our site any item that, by paying to us the transaction fee, could cause us to violate any applicable law, statute, ordinance or regulation. 

iii)                  Solely to enable wtopharma.com Pte Ltd. to use Your Information, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information, as necessary to accomplish the purpose of this agreement. wtopharma.com Pte Ltd. will only use Your Information in accordance our Privacy Policy. 

8.       No Price Manipulation 

Buyers or Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves. 

9.       System Integrity 

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any bid being conducted on our site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose. 

10.   Breach 

We may terminate your membership and any of your current bids immediately if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. 

11.   Right to Terminate 

WTOPharma.com. reserves the right in its sole discretion to refuse service to any user at any time. Further WTOPharma.com. reserves the right to terminate the bid of any item at any time with no liability to the seller or prospective buyer of such item. 

12.   You may terminate this Agreement upon 30 days notice to wtopharma.com Ltd.; provided; however that such termination will not relieve you of any obligations occurring prior to such termination. Your termination of this agreement terminates our non-exclusive rights of copyright and publicity, under section 7(iii). 

13.   Privacy 

Our then-current privacy policies, available below, 
      are incorporated herein by reference. 

14.   No Warranty 

WE, OUR SUPPLIERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF wtopharma.com Pte Ltd. PROVIDE THE WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE, OUR SUPPLIERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF wtopharma.com Pte Ltd. SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  

15.   Limit of Liability  

IN NO EVENT SHALL WE, OUR SUPPLIERS AND ANY THIRD PARTY PARTNERS AND/OR LICENSEES OF wtopharma.com Pte Ltd. BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.  

16.   OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS AND OUR THIRD PARTY PARTNERS AND/OR LICENSEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100.  

17.   General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.  

18.   No Agency  

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

19.   Notices  

Except as explicitly stated otherwise, any notices shall be sent via E-mail to admin@wtopharma.com (in the case of wtopharma.com Pte Ltd.) or to the E-mail address you provide to wtopharma.com Pte Ltd. during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours after E-mail is sent, unless the sending party is notified that the E-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to wtopharma.com Pte Ltd. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing  

20.   General  

This Agreement shall be governed in all respects by the laws of the Republic of Singapore as such laws are applied to agreements entered into and to be performed entirely within the Republic of Singapore between the residents of the Republic of Singapore. Both parties submit to jurisdiction in the Republic of Singapore and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in the Republic of Singapore. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.  

21.   Disclosures  

The services hereunder are offered by wtopharma.com Pte Ltd., located at Bukit Timah, P.O. Box 0102, Singapore 915804, The Republic of Singapore.  

Product and Service Policy  

Product and Services Descriptions  

We strive to bring you the most up-to-date product and Services information possible. Details on each product, including product descriptions, brand names, labels, MSDS', etc.  Some of this information is made available through the Website for the convenience of our members. However, the information is not verified or substantiated by wtopharma.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.  

Product and Services Quality  

Products and Services offered through the Website are certified by sellers to be of quality as claimed by sellers and accordingly accepted by the buyer prior to finalizing the bid, new products in original, unopened packaging. Furthermore, Sellers posting items for sale warrant that the items are properly identified and free from defect or alteration, recognizing that potential buyers are relying upon information provided by Seller, and are offered for sale within any labeled shelf life of the product. However, the information is not verified or substantiated by wtopharma.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.  

Product and Services Registration  

With respect to chemicals, only products registered in accordance with the respective legal acts governing their use and disposal in their respective jurisdiction, here in this agreement, the buyer and sellers jurisdiction Act may be offered for sale. In addition, products sold into a particular country must be registered for use in that country. It is the responsibility of the seller to insure that only properly registered products are sold to buyers. Since the seller may not know the destination country until the bid is completed, buyers are encouraged to carefully check for registration details of each product bid upon, and to ensure compliance with all regulations. If upon winning a bid (at which time the destination country is known), if a product sale is determined to be in violation, wtopharma.com Pte Ltd. may, but is not under a duty to, cancel the transaction. If the seller or buyer realizes the error they must notify wtopharma.com Pte Ltd. immediately at (++65) 367-4608 or email <admin@wtopharma.com. If the error is determined in advance of freight company dispatch, any funds collected will be returned and the next bidder will be contacted and offered the product. If the product is no longer wanted by the second place bidder, it can be re-listed for bid at the discretion of the seller. If the transaction is determined to be in violation of any regulations, and the product has been picked up by the freight service provider, all freight fees will be charged to the seller of the product. However, the information is not verified or substantiated by wtopharma.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.  

Product and Services Labeling  

Products must be properly labeled in compliance with all regulations, including regulations in the destination country. Compliance is the responsibility of the seller. However, the information is not verified or substantiated by wtopharma.com Pte Ltd., may not be timely and we cannot be held responsible for any party's inaccuracies or omissions. Correct documentation, product labels and labeling, packaging, and transportation information remains the responsibility of the seller.  

Anonymity Policy  

wtopharma.com Pte Ltd. believes that anonymity is of significant value to our customers and therefore takes all possible precautions to maintain the anonymity of the buyer with respect to the seller and vice versa. These precautions extend to the design of our site, our transportation processes, the use of all bid information (see also Privacy Policy), and all other actions within our control. We expect all users to respect and support this goal of maintaining users' privacy and anonymity. Use of our site, or any information gained from use of our site (such as but not limited to product package or serial numbers of purchased product) in an attempt to compromise the anonymity of other users is strictly forbidden. wtopharma.com Pte Ltd. will pursue legal action against any person or organization we suspect of violating this policy.  

Regulatory Policy  

wtopharma.com Pte Ltd. supports the adherence to regulatory and stewardship responsibilities by sellers and buyers of crop protection products.  wtopharma.com Pte Ltd. recognizes the importance of managing and archiving all transaction data to facilitate adherence to these laws. While transactions taking place on the Website are anonymous, all information collected relating to the sale of products, licensing and registration of sellers and buyers and customer profiles will be made available to regulatory officials in the event of an emergency or to meet legal requirements. Any member using false or inaccurate information to conduct transactions using the Website's process will therefore be subject to prosecution as prescribed by the laws of the Republic of Singapore. wtopharma.com Pte Ltd. reserves the right to deny membership to any party it believes to be providing false or misleading information.

Cancellation Policy  

We are sorry, but we cannot accept cancellation of bids or orders. We also cannot accept cancellation of "For Sale" listings once a bid has been made. All bids and orders are final. Should your bid win, it becomes your order and will be billed and shipped accordingly.  

Supply Policy  

wtopharma.com Pte Ltd. is committed to making the Website services a reliable means of sourcing Crop Protection Products and Services. To that end we will make all reasonable efforts to ensure reliable supply if a seller fails to meet its obligation in a given transaction in a timely manner, then at wtopharma.com Pte Ltd.'s sole discretion, wtopharma.com Pte Ltd. will have the right but not the obligation to seek an alternative supply of the applicable product at any price and from any location in which it is available, and permit such alternate supplier to substitute this product and complete the transaction with the applicable buyer. Any cost difference between the original sales price plus freight and the substituted sales product price plus freight will be the responsibility of the original seller who failed to meet its obligation. Seller will make such payments to wtopharma.com Pte Ltd. within five days of receipt of documentation of such cost difference from wtopharma.com Pte Ltd. and wtopharma.com Pte Ltd. will forward such payment to the alternate supplier. wtopharma.com Pte Ltd. makes no representations or warranties as to the availability of alternate supply, but reserves the rights to arrange such alternate supply when feasible. The foregoing obligation of seller will be in addition to any other remedies provided by this agreement or available at law.  

Payment Policy  

All payments must be on irrevocable confirmed letter of credit (LC) at sight to wtopharma.com Pte Ltd.'s approved bankers  

Tax Policy  

Sales tax or other tax collection and payment (where applicable) are not the responsibility of wtopharma.com Pte Ltd. Buyers on the site and sellers shall pay applicable taxes themselves.  

Additional Charges  

Buyers and Sellers are responsible for any detention charges at the respective loading site.  

Shilling Policy  

Shilling is the activity of bidding against your own product listing to drive the price up, and is strictly forbidden. wtopharma.com Pte Ltd. has designed the system to restrict shilling and will actively pursue any member who we believe to be shilling.

wtopharma.com Ltd. has created this privacy policy in order to demonstrate our firm commitment to our Member's privacy. The following discloses our information gathering and dissemination practices for the Website:  

Privacy  

·         We use your IP address to help diagnose problems with our server, and administer our Website.

·         Your IP address is used to gather broad demographic information.

·         We use cookies to track your transactions and maintain information about your activities on our site. Due to the technology utilized to build this site, the Website cannot operate without cookies. For more information about cookies, go to the Technical Requirements page of our website.

·         Our site's registration form requires users to give contact information (user name, address, telephone number and E-mail address).

·         The user can correct or update personal information in the Registration Information section of the Member Profile page.

·         We use customer contact information from the registration form to send the user information about our company and information about bids. The customer's contact information is also used to contact the customer when necessary (for transportation or banking problems, for example). We may provide registration information (except license/permit, bank, and credit card number information) to certain of our third party partners and/or licensees to send users information regarding such third party products or services.

·         wtopharma.com Pte Ltd. will not release specific personal information to any third party other than wtopharma.com Pte Ltd.'s Internet partners. We will only use aggregate data to understand trends, pricing and other broad demographic information.

·         All information collected relating to the sale of products, licensing and registration of sellers and buyers and customer profiles will be made available to regulatory officials in the event of an emergency or to meet legal requirements.

·         Users may opt out of receiving future mailings; see the opt out section below.

·         Financial information that is collected is used to transfer funds to and/or from the customer's account for products and services.

·         This site contains links to other sites. wtopharma.com Pte Ltd. is not responsible for the privacy practices or the content of such Websites.

  Security  

wtopharma.com Pte Ltd. endeavors to take all measures in place to protect the loss, misuse and alteration of information under our control.  

Opt Out  

If you would like to be removed from our database and not receive future communications or to no longer receive our service, you can send E-mail to admin@wtopharma.com. We are required to maintain information on past transactions to accommodate inquiries from regulatory authorities.  

If you have any questions about this privacy and security policy, the practices of this site, or your dealings with this web site, you can contact by E-mail contact@wtopharma.com or write to wtopharma.com Pte Ltd., Bukit Timah PO Box 0102, Singapore 915804, The Republic of Singapore. Telephone No (++ 65) 367-4608.