1) Definitions
For the purposes of understanding the Agreement, the following means:-
a) ‘We’ and ‘us’ means our E-commence market and ‘you’ means the person, firm or corporation purchasing the goods;
b) ‘Agreement’ means the contract for the sale of Products from our E-commence market to the Customer, such as Terms of Service (TOS);
c) ‘Clause’ means a clause of these User Agreement;
d) ‘Customer’ means the person whose order to purchase Products is accepted by our E-commerce market;
e) ‘Products’ means the goods or services forming the subject matter of the Agreement and includes any and all parts, component and materials embodied or included in them;
f) ‘Price’ means the price for Products;

2) Buying and Selling
a) This TOS is applicable to all users / members of our services provided in www.theopenmarket.biz and may be updated from time to time without notice to you.
b) In the course of using our services provided, you agreed to provide true, accurate, up-to-date and complete information about yourself as asked for in the Membership Registration Form. You also agreed to promptly update your submitted data / information from time to time to keep it true, accurate, current and complete.
c) You are solely responsible for maintaining the confidentiality of your Login ID and Password. You are not to disclose this information to any other person. You are responsible for the use of your account and must be authorized to handle all transactions,
d) All prices quoted are in Singapore Dollar and do not include any shipping / freight, tax, insurance and other charges.
e) The transaction is confirmed only upon both Seller and Buyer acceptance of each other Terms & Conditions including our Terms of Service (TOS).
f) Notwithstanding clause 1e, the confirmation of transaction is subject to payment on administrative fees payable to “Blue Express Pte Ltd”, the management agent of www.theopenmarket.biz or official undertaking to pay admin fees within stipulated time by the Seller. The management agent will then release all information of Buyer to Seller and vice versa to complete the transaction.
g) The amount of such administrative fees shall be based on our scheduled rates (LINK) and shall be adjusted by us as and when required without prior notice.
h) Seller & Buyer shall adopt good ethical market practice at all time. Seller / Buyer shall exercise caution and diligent to verify the accuracy and authenticity of the contents posted when engaging in any transaction. Seller / Buyer shall stay committed to honour their deal.
i) We shall be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. Our maximum aggregate liability here under whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the fee paid by your to us.

3) Acceptance Of Offer
It is mutually understood that the offer of e-commence services on www.theopenmarket.biz by the company, constitutes a binding acceptance by the user / member and / or the signatory of the offer by the company and / or its authorized agents to engage in services and broadcast the information so placed herein and are subjected to the Acceptance of User Agreement, Terms of Service (TOS) and Privacy Policy stated herein.

4) Payment
The user / member undertake that he or she has full authority to contract for the offer and use of services within www.theopenmarket.biz. The user / member further guarantees full payment of amount shown promptly when due. The company reserves the rights to temporary suspend or terminate the services if the user / member are found to have defaulted in any payment arrangement. In the event that the company exercises its right to suspend or terminate the user / member for the aforesaid reason, the company shall not be liable to the user / member for any loss or damage whatsoever, which the user / member may sustain from such suspension or terminate of service. Also in the event of such suspension or terminate, the user / member shall not be entitled to any refund or compensation.

5) Interruption Of Service
User / member acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, user / member agree that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. User / member further acknowledges that the company’s liability for its own negligence may not in any event, exceed an amount equivalent to fees payable by user / member for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

6) Disclosure To Legal Authority
The TOS specifically prohibits the use of our service for illegal activities. The user / member agrees that the company may disclose any and all of the user / member information including assigned IP numbers, account history and etc. to any law enforcement authority who makes a written request without further notice consent or notification to the subscriber / member. In addition, the company reserves the rights to terminate all services set forth in this Agreement.

7) SPAM
The company takes a very serious view and does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. User / member shall not user of permit others to use our network to transact in UCE. Violations of this policy may result in immediate termination or service. Upon notification of an alleged violation of our SPAM policy, the company will initiate an immediate investigation within 24 hours of notification. During the investigation, the company may restrict user / member access to the network to prevent further violations. If a user / member are found to be in violation of our SPAM policy, the company may at its sole discretion, suspend or terminate the user / member’s account. The company reserves the rights to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.

8) System And Network Security
Violating of attempting to violate the security of the company’s network will result in civil or criminal liability. These violations include, without limitation:
a) Accessing data not intended for the user / member or logging into a server or account which the user / member is not authorized to access;
b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c) Attempting to interfere with service to any user, host or network, including without limitation via means of overloading, ‘flooding’, ‘mail bombing’ or ‘crashing’. Taking illegal actions to fraudulently obtain services to which the user / member is not entitled to.

9) Termination / Renewal
Either party at anytime shall terminate this agreement with the exception of clause 3.

10) User / Member Responsibilities
The user / member shall throughout the duration of this agreement, agreed to:
a) Pay all amounts due to www.theopenmarket.biz promptly on stipulated;
b) Promptly inform www.theopenmarket.biz in the event of any changes to theuser / member’s name, postal address and any other information relevant to the Classified Advertisement Service subscription as the case may be;
c) Ensure the information published, shall not be used for any illegal or unlawful purpose such as gambling, vice, etc;
d) Solely responsible for all the contents of the information to be published or display within www.theopenmarket.biz;
e) Refrain from spamming of services within www.theopenmarket.biz. Violations of this policy will result in immediate termination of service;
f) Refrain from posting, advertising pornographic content on within www.theopenmarket.biz. Any user / member found posting, advertising such materials or sites, will be subject to immediate cancellation of service without refund;
g) Indemnify and keep indemnifying www.theopenmarket.biz for all claims such as libel, slander or infringement of copyrights / trademarks and etc., arising from any materials transmitted or received in connection with the respect of such claim. In no event shall the company be liable for any special or consequential damages, loss or injury.

11) www.theopenmarket.biz Rights
The company reserves the rights to accept, reject, suspense or terminate the provided services on grounds of national interests, public safety or for any other reasons. In the event that the company exercise its rights to suspend or terminate the user / member for the aforesaid reason(s), the company shall not liable to the user / member for any loss or damage which the user / member may sustain from such suspension or termination or service. Also in the event of such termination, the user / member shall not be entitled to any refund or compensation.
www.theopenmarket.biz shall not be liable to:
a) The user / member or to any third party claiming from or through the user / member for any damages or losses caused by the service, or loss or interruption of service;
b) All claims for libel, slander or infringement of copyrights / trademarks arising from the materials transmitted or received in connection with the respect of such claim.

12) Variation
www.theopenmarket.biz reserves the rights to amend the Terms of Service (TOS) herein and / or the specific terms and conditions at anytime and the user / member shall be bound by the terms of Service (TOS) so amended. Notice of the amendment shall be published at www.theopenmarket.biz.

13) Acknowledgement And Acceptance
The user / member hereby acknowledged, accepted and declared that no promised representation warranty or undertaking whether oral or in writing, has been given by / or on behalf of www.theopenmarket.biz than in stated agreement herein contained.