Terms of Used Agreement

This Terms of Use Agreement is a legal agreement between the user, buyer, or member (You) and Used Machinery.bz (Administrator) operated by NK Engineering Co., Ltd. Japan, and shall govern use of and access to the Used Machinery.bz site at en.usedmachinery.bz. By using the website, you agree that you have carefully read and agree to the Terms of Use Agreement and shall agree to obey these terms and conditions. The Administrator may amend these terms and conditions without notice at any time at its sole discretion. Changes to the Terms of Use Agreement are effective 7 days after initial posting at the website.

Used Machinery.bz site

The online service(s) provided by Used Machinery.bz is a business to business marketplace for secondhand machinery, with contents delivered to used machine dealers worldwide. The website is an online resource for a buyer and a seller (Member) who possesses the currently listed used machine for sale on the website. The Administrator does not charge commission on Buyer and Member transactions when your business is settled. The Administrator is neither your agent, nor an agent for a Member but the Administrator of the website only.

1. Members and Duties

1. (a)A Member, corporations only, shall possess used machine(s) for sale and be able to input reliable and accurate information via the Internet from the Administration Menu provided by the website.
2. (b)A Member shall provide the Administrator with the Primary Contact Name, Company Name, Country, Address, Phone Number, E-mail Address, and Company Description to open its account.
3. (c)A Member shall adhere to fair and ethical business practices with the Administrator and a Buyer, not to infringe on any terms and conditions stated herein or anywhere in the website..
4. (d)A Member is responsible and liable for the accuracy of its machine information for sale on the website (Inventory List), updating the information to reflect latest stock without leaving sold out product in the Inventory List.

2. Liabilities

1. (a)Use of the website and service(s) is at your own risk.
2. (b)The Administrator shall not be liable for the integrity, accuracy, certainty of the inventory list on the website added by a Member.
3. (c)The Administrator shall not be liable for any direct, indirect, punitive, incidental, consequential, or special damages caused by any use of the website and service(s).
4. (d)The Administrator shall neither be in a responsible position to help or support your business, nor be involved in any complaints or grievances between a Member and a Buyer.
5. (e)The Administrator shall not be liable for the damages caused by unavailability of the website or delay or error caused by any system functions or conditions.

3. Rights in Editing

The Member agrees that the Administrator reserves the right to edit or remove contents added by a Member at its sole discretion, without notice, at any time when the administrator determines that the content is inappropriate in a particular section. The Administrator shall not be liable or responsible for damages caused by the Administrator's revisions. In the case of dissatisfaction, a Member should promptly to send to the Administrator any complaints or suggestions to correct the revisions made by the Administrator.

4. Rights in Termination

You agree that the Administrator may immediately terminate your account and service(s) under situations that violate or infringe on any terms and conditions stated herein or anywhere in the website. The Administrator shall not be liable or responsible for damages caused by the sudden termination of website access by the Administrator. The member is not entitled to assert any claim against the Administrator for the termination. Cause for User or Member termination shall include:

1. (a)Violations of any terms and conditions stated herein and anywhere in the site,
2. (b)Falsehood in registered company information,
3. (c)Misrepresentation of Inventory List postings,
4. (d)Fraudulent acts or actions,
5. (e)Unauthorized use of Username and Password for the purpose of vandalism,
6. (f)Interference with other Member activities or postings,
7. (g)Termination in the past,
8. (h)Nonpayment of any service fees,
9. (i)Unreachable by e-mail, FAX, telephone,
10. (j)Inactivity in a period of time (Only for a free member),
11. (k)At the discretion of the Administrator.

5. Data Transfer

You (Only for a free member who poses own home page) accept that the Administrator may visit your home page and copy data along with those photos onto the site without your consent for advertisement purpose only. Administrator will send a notification mail to a member once after the transition has been settled. At this point, a member shall have a right to request us to keep or remove them from the site.

6. Changes to Service(s) and Stop Membership

To change service entry such as upgrade or downgrade a maximum number of product advertisement of the Inventory List, go to [Account Info] on a Member page and change product listing frame to send a request, or send the Administrator a request via e-mail, FAX, telephone, or webmail format available at Contact Site Admin on the website. The change will be effective on the day you request.

To stop membership, go to [Account Info] on a Member page and select [none] at the product listing or banner advertisement section to send a request, or send the Administrator a cancel request by e-mail, FAX, telephone, or webmail form available at Contact Site Admin on the website. You agree that all fees incurred for service(s) are non-refundable. The Administrator charges are incurred for a Member dependent on the payment method selected.

1. (a)An Automatic Fund Transfer (Only for a Member in Japan): The charge for monthly service is billed quarterly on January 20th, April 20th, July 20th, and October 20th; a request to end membership must be received by January 5th, April 5th, July 5th, or October 5th, respectively
2. (b)A Credit Card: The charge for service is monthly with a settlement date each month on the 1st. A request to end membership must be received by 1st.
3. (c)A Bank Transfer (Only for a member with annual contract): Payment is due within 30 days of receipt of any invoice document delivered by mail, e-mail, or FAX. The charge for annual service is billed yearly on April 1st. A request to end membership must be received by April 1st

A Member is able to stop service(s) at any time while leaving its account inactive. The status of the stopped service(s) means no fees will be incurred or charged to a Member for the duration of the stop. To re-open service(s), go to [Account Info] on a Member page and select any services to send a request, or send the Administrator a re-open request via e-mail, FAX, telephone, or webmail format available at Contact Site Admin on the website.

7. Past Due Fees

The Administrator shall send a notification of payment error to a Member via e-mail, FAX, or telephone in the event of any issues with your bank account or credit card that causes a failure in payment.

The Administrator shall send a 30 day’s notice to a Member by e-mail or FAX when second delay or payment error is confirmed. You agree that the Administrator may terminate your account and service(s) after 30 days with no response.

1. (a)For a member who selects a credit card as a payment method, you agree that the past due fees shall accrue interest at the 10% per month rate of the service fees, and the member agrees to pay all fees including the interest at next settlement date. You can pay all fees by providing new credit card information to the Administrator by the next settlement date. To update your credit card, go to [Account Info] on a Member page and click [Apply] icon with a check mark on [Update credit card information] of the Payment Method section to send a request. Administrator shall terminate an account if payment cannot be confirmed for 2 consecutive months.
2. (b)For a member in Japan who selects an automatic fund transfer as a payment method, you agree that the past due fees shall accrue interest at the 10% per month rate of the service fees, and the member agrees to pay all fees including the interest at the next billing date. You can pay all fees via direct deposit into the Administrator bank account by the next billing date. Contact the Administrator via e-mail, FAX, or telephone to indicate the deposit option is desired to obtain specific account information. Administrator shall terminate an account if payment cannot be confirmed for 2 consecutive terms.
3. (c)For a member who selects a bank transfer as an annual payment method, you agree that the past due fees shall accrue interest at the 10% per year rate of the service fees, and the member agrees to pay all fees including the interest If payment cannot be confirmed during April. Administrator shall terminate an account if payment cannot be confirmed by mid-May.

8. Username and Password

You agree the following conditions regarding Username and Password.

1. (a)A member shall take all responsibility for the management of their account Username and Password.
2. (b)Transfer or sharing of a Username and Password to a 3rd party is not be permitted.
3. (c)A Member shall report to the Administrator when their Username and Password are used by a 3rd party without your consent.
4. (d)Administrator shall not be liable for the damages caused by Username and the Password used by a 3rd party.
5. (e)The Member agrees to immediately change their account Password when there is an employee change or suspected misuse has occurred.

9. Protection of Personal Information

You agree the following conditions regarding the protection of personal information.

1. (a)The Administrator shall maintain the confidentiality of Member's personal information and its Inventory List.
2. (b)The Administrator shall use the Member's personal information and its Inventory List for administration purposes of the service and public advertising for the prospective buyers using the website.
3. (c)The Administrator shall entrust to the cosigned business partners the Member's personal information to carry out administrative and financial duties smoothly.

10. Copyright

You agree that the copyright of the contents of the website such as of the name "Used Machinery.bz" as well as its design, images, software, source code, texts, and URL links placed in the website are the property of the Administrator. All machinery Information including photos, video links, and PDF documents are the property of the member who posted them onto the website.

The act to use the website contents without the consent of the Administrator or the member is expressly prohibited.

11. Prohibited Acts

1. (a)Act in a violation of any terms and conditions stated herein and anywhere in the site.
2. (b)Act in a manner that infringes or defames the copyright or trademark of a Member or the Administrator.
3. (c)Act in a violation of any applicable law; international, governmental, or moral.
4. (d)Act in a membership process that presents false information.
5. (e)Act for the purpose of profit or nonprofit-making by using any contents inside to the outside of the site without the Administrator's written permission.
6. (f)Act for the purpose of causing damage to the website, services or delivery by injecting any viruses, Trojan horses, worms, or other computer programming routines that are intended to harm system or computer.
7. (g)Act for the purpose of an invasion or malicious act to access the data, server or computer.
8. (h)Act to use a Username and Password of a Member or the Administrator without permission.
9. (i)Act for the purpose of advertising your company by using a Member's contact information or built-in web-form mail.
10. (j)Act that disrupts website administration or defames the website, company or the Administrator's reputation.
11. (k)Act in a manner that the Administrator confirms as inappropriate.

12. Others

You agree that the Administrator shall reserve the right to discontinue, suspend or terminate website access or services provided at any time due to the technical incident, emergency maintenance, or other unexpected issue arises in the future.

Revisions
2018/06/12