GC-Booster Terms of Use Agreement

Please read the terms and conditions below carefully:

The requirement of this Term of Use explains the terms and conditions which can be used in the using of GC-Booster website service, which is www.gc-booster.com. The agreement is between you as Site user (User) and GC-Booster.com.

 

1. Application of and Acceptance of Terms and Conditions

1.1 For purposes of this Agreement, a User is any person who accesses the Site for whatever purpose, whether s/he is a registered User or a paying customer User for special services provided by GC-Booster. A User includes person who uses this Site and any legal entity represented by the person under a real and obvious authority.

1.2 By accessing or using the GC Booster Site, you agree to accept the terms and conditions made for User. You will be bound by the terms and conditions of this Agreement by honoring your access to use this Site and also to upgrade, modify, add, or change the content to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site.

1.3 This Agreement applies to each Premium Service (as defined below) includes any terms and conditions that are applicable to the Premium Service, however, if:

(a) any conflict or inconsistency between any provision of the terms and conditions that can be applicable to the Premium Service and any provision of this Agreement happens, the conflict or inconsistency must be resolved in a best way by GC-Booster.com; and

(b) only when the conflict and inconsistency cannot be resolved, the provisions of the terms and conditions applicable to the Premium Service will be valid.

1.4 GC-Booster.com can add or modify the content of the Agreement anytime and post the revision of the Agreement in the Site. The revision is effective immediately after posted in the Site. This Agreement was last revised on August 15, 2008. If you are the user of this Site and there is a revision of this Agreement in this Site, you are considered that you accept the revision of the terms. This Agreement cannot be modified, except by an authorized officer of GC-Booster.com.

 

2. Premium Services

2.1 The Access to the Site and all of the contents are provided to all Users free of charge. However, without previous notice, GC-Booster.com has rights to restrict the access to some areas or features of the Site (“Premium Service”) that needs payment or certain registration process. The access to enter the Site and use Premium Service is governed by additional terms and conditions in a separate agreement with this agreement.

2.2 GC-Booster has rights to deny Premium Service to every User with whatever reason to protect the rights of GC-Booster.com

 

3. Users Generally

3.1 Users can only use this Site for their own personal or internal purposes. Each User agrees not to  copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Site (the "GC-Booster Content") for the purpose to re-sell or re-distribute the content of GC-Booster, send mass mailing (via emails, wireless text messages, physical mail or etc), operate a business that competes with GC-Booster.com, or exploit the content of GC-Booster commercially. The information from the GC-Booster’s content is used to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from GC-Booster is forbidden. In addition, the use of the content or materials for any purpose not stated in this Agreement is forbidden. 

3.2 Some of the content of GC-Booster.com displayed in this site is provided or displayed by the third party (“third party content”). GC-Booster is not the writer of the content displayed by the content provider, although joined by the unknown User or paid by the content provider. The third party content is the sole responsibility of the party that provides the content. GC-Booster does not take responsibility in accuracy, propriety, lawfulness or truthfulness of the Third Party Content, and does not responsible for all Users in connection with User's trust of the Third Party Content. In addition, GC-Booster is not responsible for the conduct of all Users’ activities in the Site, and is not responsible for any person in connection with any damage suffered by the person as a result of the User's conduct.

3.3 GC-Booster.com allows every User to access the content, products or services offered by third parties through hyperlinks (in the context of word link, banners, channels or otherwise) to the Third Party's site. You are obligated to read the sites' terms and conditions and privacy policies before using the site. The User should know that GC-Booster.com does not have control over the third party's site, does not monitor the site, and GC-Booster.com is not responsible for anyone of the site, or any content, products or services.

3.4 Messages or information sent by a User through communication systems provided by the site, through emails, fax or letters to address obtained from the Site, can not contain any of the materials described in the Section 5.5 below.

3.5 GC-Booster.com has rights to limit, deny or create different access to the site and its content or to change the content or create new content without previous notice. Every User agrees that GC-Booster does not take any responsibility in whatever condition connected with the User or Third Party both directly and indirectly that is caused by the use or inability to use this service.

3.6 The User is not allowed to use illegal access to the computer’s system or network in this Site.

3.7 We suggest you to read the terms from GC-Booster.com which manages the protection and use of every User's information in GC-Booster.com's ownership. Every User accepts the terms, update, and whatever modification. Every User realizes that GC-Booster can update the terms display anytime. Your continuation of use of the site can be considered as your acceptance to the terms displayed in the site at that time.

3.8 As a condition of your access to use GC-Booster.com, you agree that you will not use the GC-Booster.com service to break the intellectual property rights in any way. In several conditions, GC-Booster.com has rights to stop the Account User when a breach of copyright happens in the use of service, or GC-Booster.com believes that the User’s manner can break the interest of public about GC-Booster site, its affiliates, other users, or for other reasons in GC-Booster’s personal judgment, with or without reasons.

 

4. Registered Users

4.1 Every User who has filled out an on-line registration form by giving information (such as name, address, telephone and fax number, email address, details of its business, etc.) is a registered user of GC-Booster.com (a "Registered User"). GC-Booster.com will give an account ("Account") for every Registered User and every Registered User will be given a user alias ("User ID") and password ("Password") for log-in access to its own account.

4.2 GC-Booster.com will provide a web-based email account with limited storage space for the User to send or receive email (the "Email Account"). The User has to be responsible for all use and the content of all the messages in the Email Account, also the consequences of the message.

4.3 If the Registered User is a company, you represent that (a) you have the authority to bind the company to this Agreement; (b) the address you use when registering is the head office of the company; and (c) all other information given to GC-Booster.com during the registration is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate company and its address will be considered as its head office address.

4.4 By becoming a Registered User, you allow GC-Booster to collect your personal data to Global Buyer Database and authorize GC-Booster to share the information with other Users.

4.5 GC-Booster.com may postpone or end a Registered User's Account or Email Account any time by giving less than 24-hour notice; however, that notice is not required for the termination if (a) in GC-Booster.com's conditions, there is a breach of the conditions in this Agreement by the Registered User; or (b) GC-Booster.com has reasonable reasons to suspect that the information provided by a Registered User is untrue, inaccurate or is not current or complete, or (c) GC-Booster believes that the Registered User's actions will cause financial loss or legal liability to the User, other Users, or GC-Booster.com or its affiliates.

4.6 The Registered User is not allowed to use the Email Account for junk mail, chain letters or spamming or the spreading of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or other objectionable materials. Furthermore, the Registered User is not allowed to use the Email Account to publish, distribute, spread or circulate any unwanted advertising or promotional information or any content that is obscene, unpleasant, subversive, offensive, defamatory, threatening, or causing racial hatred, discrimination, threat or breach of confidence.

4.7 A Registered User is not allowed to sell, attempt to sell, offer, give, assign or transfer an Account, User ID or Password to a third party without the written permission from GC-Booster.com. GC-Booster.com can suspend or stop the Account of a Registered User or the transferee of a Registered User.

4.8 In connection with section 4.7 above, GC-Booster.com can refuse registration and deny the use of an Account to a User associated with User ID and Password for whatever reason.

 

5. Users Who Post Information on GC-Booster.com

5.1 You must be a Registered User to post information on the Site using the self-help submit and edit tools provided in the Site. Your status as a Registered User is controlled by the conditions of Section 4 above.

5.2 There is no sale agency relationship is created between any User and GC-Booster.com, our affiliates, directors, officers or employees by the display of User’s information in GC-Booster Site.

5.3 Every User represents, warrants, and agrees to (a) provide GC-Booster.com with true, accurate, current and complete information to be displayed in the Site and (b) maintain and correctly improve all information to keep it true, accurate, current and complete. Every User gives an unchangeable, continuous, worldwide and royalty-free, sub-licensable (through multiple tiers) license to GC-Booster.com to display and use all information provided by the User appropriate with the purposes stated in this Agreement and to use the copyright, publicity, and database rights you have in the material or information, in any media now known or not known at this time.

a. Every User represents, warrants and agrees that GC-Booster has obtained all necessary Third Party Copyright, Trademark Trade Secret or Exclusive Licenses and Permissions, or other Licenses or Permissions required in connection with other personal or ownership rights of any third party (including but not limited to rights of personality and rights of privacy), for all material or information posted in the Site or provided to GC-Booster.com or authorizes GC-Booster.com to display. Third party Copyrights, Trademarks, Trade Secret Rights, Patents and Other Personal or Ownership Rights affecting or relating to material or information displayed in the Site, including but not limited to personality and privacy rights, or affecting or relating to products offered or displayed in the Site, are furthermore called as "Third Party Rights." Every User represents, warrants, and agrees that GC-Booster is only responsible for assuring that all material or information posted in the Site or provided to GC-Booster.com or authorizes GC-Booster.com not to display, and that the products represented do not violate any Third Party Rights, or posted with the permission of the owner of the rights. Every User represents, warrants, and agrees that GC-Booster has the right to manufacture, offer, sell, import and distribute the products offered and displayed in the Site, and that the manufacture, offer, sale, importation and/or distribution of those products does not violate Third Party Rights.

b. Every User declares, guarantees, and aggress that in the use of service and GC-Booster, s/he is not allowed to:

c. Give a dishonest information or make a dishonest product offer; related to selling or attempt to sell fake products or stolen products; the selling product is prohibited by the law; or using other illegal promotion.

d. Get involved in a deception plan to other User or other site visitor for any illegal purposes.

e. Breach the Copyright, Patent Right, Trademark, trade secret or other ownership right such as publicity and privacy of the Third Party.

f. Breach the current law, legislation, regulation (including export control, costumer protection, factious competition, anti-discrimination, or fake advertisement.

g. Contains of a slanderous, illegally threaten or illegally disturbance information.

h. Contains pornography element or genitals trade or promoting sexual tools explicitly or other dangerous thing for under age children.

i. Promote discrimination on race, sex, religion, nationality, disability, sex oriented, or age.

j. Contains advertising materials that are illegal or despise, disturb someone’s privacy or do an action that hurts someone else, give rise to civil liability, or other things that break the law.

k. Get involve in an attempt to copy, reproduce, exploit, or take over various ownership Directory, database, and list of GC-Booster.

l. Spread computer virus or other tool that can cause damage, contradicted with GC-Booster, interrupt or take over the software, hardware, data, or personal information.

m. Plan a loss of computer or network computer integrated system used by GC-Booster and/or user of the services so that there is no User that tries to get illegal access on the computer and network system.

n. Connect both directly or indirectly or including the description of products or services forbidden by this Agreement or Terms of Use Agreement GC-Booster.

5.6 GC-Booster has rights to erase the materials displayed in GC-Booster.com Site if the materials are considered illegal, break this agreement, or inappropriate with GC-Booster’s opinion. GC-Booster has rights to cooperate with governmental officer, secret agent and/or Third Party harmed by the investigation of criminal suspicion or civil violation. Then GC-Booster can reveal the information contact and member identity when asked by the Government or law officer, harmed Party, or court summon. GC-Booster does not take responsibility of the damage, and every member agrees not to take every act or claim to GC-Booster. In its connection with other Party, GC-Booster can block or stop member’s account if considered inappropriate with GC-Booster’s consideration. Every User agrees that GC-Booster does not have any obligation to its User, including there is no obligation as a result of action taken by GC-Booster in this problem, and every User agrees to take risk that GC-Booster can do the action.

 

6. Transaction between the Buyers and Suppliers

6.1 Through the site, GC-Booster provides an electronic web – a platform to exchange information between the buyers and suppliers of the product and service. GC-Booster does not confront the suppliers and buyers in a transaction and also does not demand any commission after the transaction has ended. GC-Booster cannot control and not responsible for quality, security, obedience, or availability of the products or services offered in the site or ability of the suppliers to finish the selling or the ability of the buyers to finish the buying.

6.2 Every User realizes that there is a risk of connecting with a deceiver. GC-Booster uses some technique to verify the truth of information from the Users when they sign in to GC-Booster site. GC-Booster cannot confirm the identity admitted by the Users because of the difficulty in verifying the members in the internet. We suggest you to use tools provided in our site and use your common sense so that you can evaluate with whom you deal with. 

6.3 Every User aware of all the risk in the purchase and sell transaction by using this site, and fully cares about the risk of debt or crime related to product and service transaction using this site.  The risk is in the transaction but not limited to the display of the wrong product and service, deception plan, unsatisfied quality, the failure of finding the detail of product, dangerous and broken product, illegal product, payment delay, cost of mistake in the totaling, breach of warranty, breach of agreement and accident – transportation accident. The risk is also includes the risk of manufacture, import, delivery, offer, display, purchase and/or use of product and service offered or displayed in the site that break or declared breaking the Third Party Rights, and the risk that User can spend right defense cost or other cost of other party demand if the User deals with the statement of right, demand, or other Party demand. The risk also includes the risk of costumer who claims having loss from the product that the User gets; the key thing is that online transaction of purchase and sell can cause loss and or demand from the product user. All the risks are called “Transaction Risk”.  Every User agrees that GC-Booster does not take responsibility of damage, obligation, cost, loss, dissatisfaction, business failure, or all expense happens from the “Transaction Risk”.

6.4 Every User is responsible for all the transaction terms and conditions in the site including but not limited to payment term, return note, warranty, delivery, insurance, bonus, tax, name, license, permission letter, management, transportation, and warehouse.

6.5 When a User has a dispute with another party in a transaction, s/he agrees to free and pay GC-Booster loss (whether the Agents, Affiliates, Directors, Officers, and Employees) from all claim, demand, act, way of work, cost, and damage caused by the transaction.

  

7. Limitation of Liability

7.1 The features and services from GC-Booster is provided in “As is” and “As available” basis and GC-Booster refuses all warranties, but not limited to warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, or compatibility for certain purposes.

7.2 GC-Booster does not make statements or warranties of the validity, accuracy, correctness, reliability, quality, stability, completeness, or currentness of all information in the site. GC-Booster does not represent or give warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed in the site does not break the rights of the third party; and GC-Booster does not make statement or warranty of every kind of products or services offered or displayed in the GC-Booster site.

7.3 All material downloaded or other things obtained from the site are User’s wisdom and risk. The User is responsible for any damage to the computer system or loss of data that may happen from the downloading the material. GC-Booster does not give warranty of advice or information obtained by the User from GC-Booster site.

7.4 GC-Booster does not take responsibility for any delay, failure, or trouble of the content or service from the GC-Booster site cause by: acts of nature, forces beyond reasonable control, including but not limited to internet failures, computer, telecommunications, or other equipment failures, electrical failures, strikes, labor disputes, riots, revolts, civil riots, lack of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

7.5 Every User agrees to guarantee and save GC-Booster, its affiliates, directors, officers, and employees, from all the loss, claim, and responsibility (including the cost of compensation) that may happen because of the User’s use of the site (including but not limited to the display of User’s information in the Site) or from the breach of terms and conditions in this Agreement. Every User agrees to guarantee and save GC-Booster, its affiliates, directors, officers, and employees, from all the loss, claim, and responsibility (including the cost of compensation) that may happen because of the User’s use of the site including but not limited to the those mentioned in 5.3, 5.4, 5.5 above. Every User agrees to guarantee and save GC-Booster, its affiliates, directors, officers, and employees, from all the loss, claim, and responsibility (including the cost of compensation) that may happen, directly or indirectly, as the result of claim asserted by the Third Party Rights claimant or other third party related to the products offered and displayed in the site. Every user agrees that GC-Booster does not take responsibility and guarantee every material displayed by other party, including insulting, offensive or illegal material and all of the damage risk from the material becomes the User’s responsibility. GC-Booster gives rights from its expense to assume the exclusive defense and control from every matter besides compensation subject by the User, a case where User needs to cooperate with GC-Booster in asserting a defense.

7.6 GC-Booster does not take responsibility for any special, direct, indirect, punitive, incidental, or consequential damages or other damages (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or others or any other damages as the result from any of the following:

a. the use or inability to use the site;

b. damage in goods, samples, data, information, or service obtained by the User or provider from the third party through the Site;

c. violation of Third Party right, claim, demand that User manufacture, import, distribute, offer, display, purchase, sell and/or use of products or services offered or displayed in the Site that can break the Rights of the Third Party; or claim from any party that they offer as defense or protection to the loss in relation to statement of right, demand, and claim by Third Party Rights claimants;

d. an illegal access by the third party to personal data and information of every User;

e. statement or conduct of every User of the Site; or

f. any matters arises relating to Premium Service including carelessness.

 

8. Intellectual Property Rights

8.1 GC-Booster is the sole owner or lawful licensee of all the rights of the site and its content. The GC-Booster site and its content represent trade secret and intellectual property rights protected by worldwide copyright and other laws. All title, ownership, and intellectual property rights in the site and its content belongs to GC-Booster, affiliates, or licensors of GC-Booster’s content. All rights that are not qualified in this Agreement or in GC-Booster are reserved.

8.2 “GC-BOOSTER’, “GC-BOOSTER”, “TRUSTPASS” are related icon and logo as licensed trademark or trademark or service marks from GC-Booster Cooperation in various jurisdiction and protected by the applicable copyright, trademark, and other proprietary rights laws. The illegal copying, modification, use, or publication from these terms is strictly forbidden.  

 

9. Notices

9.1 All notices and demands to and from GC-Booster.com must be written in an effective language and sent it to customerservice@gc-boster.com.

9.2 All notices and demands to and from a User must be effective, whether personally delivered, sent by courier, certified mail, by facsimile or email to the last known correspondence, fax or email address provided by User for GC-Booster, or by posting notice or demand on an area of the Site that is freely accessible. Notice to a User has to be received by User if and when:

a. GC-Booster is able to show that communication, whether in physical or electronic form, has been sent to User, or

b. immediately upon the posting of notice in the Site that is publicly accessible without charge.

 

10. Generally

10.1 This Agreement and Privacy Policy build a whole agreement between the User and GC-Booster to enter and use the site, replace other important agreement both oral and written in the connection with the same subject in this agreement.

10.2 GC-Booster and User is independent contractor, and there is no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or made by this Agreement.

10.3 If the provision in this agreement is invalid and cannot be conducted, the provision can be broken and other agreement can be enforced.

10.4 The upper part of this agreement is only a reference and no way defines, restrict, interpret, or describe the scope or extent of this section.

10.5 GC-Booster cannot force the rights or react to any breach by a User of this terms and conditions and will not avoid the rights or GC-Booster’s rights to take action to following and similar breaches.

10.6 GC-Booster does not have rights to assign the obligation and duty in this Agreement and in every agreement related to Premium Service for every person or entity.