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Member Conduct Rules

CAUTION: PLEASE READ THE FOLLOWING RULES CAREFULLY BEFORE USING THIS SITE. IT WILL BE ASSUMED THAT YOU HAVE ACCEPTED THESE RULES WHEN YOU USE THE SITE. PLEASE DO NOT USE THE SITE IF YOU DO NOT ACCEPT THESE "RULES".

Use of the site: ilab Kurumlararasi Elektronik Ticaret Bilgisayar Hizmetleri A.S. ("ChemOrbis") allows you to display the materials provided on its web site ("Site") only on condition that you are completely aware of other declarations concerning all copyrights and ownership rights for the original and copies of this material. It is forbidden to modify or duplicate or display or apply or distribute the visual materials for any public-serving or commercial purposes. All of the materials on this site are protected by copyright laws and any unauthorized use of this content could be treated as a violation of copyright laws, trademark ownership rights and other related laws. On any condition that you violate one of these rules, your authorization to use the site will be ended immediately and you will be obliged to demolish all the materials that you have downloaded or printed. ChemOrbis' right to end your authorization for use of any service through this site and to cancel any membership related to that, without showing a reason, is also reserved.

Registered Users: The security of the user name and password is completely your responsibility. You will be responsible for any transaction performed through your account - whether it is performed by you with your knowledge or performed by someone else without your knowledge. ChemOrbis employees may never see your password registered in our database and none of them can ask you to tell your password. If you are asked to give your password in any case, you should absolutely refuse this request.

User Messages: The right of ownership of any material (Message) that you send (mail) to the ChemOrbis Site, except the ones that are specified as personal, and the information included in the ChemOrbis Security Statement, and the information related to trading transactions, will be not be reserved. ChemOrbis will not undertake any responsibility for these materials (Messages). ChemOrbis, or persons or establishments assigned by ChemOrbis can freely duplicate, divulge, and distribute these Messages and their contents (all kinds of data, pictures, texts and other materials included in them) or make additions to them or use them in any other way for commercial and other purposes. It is forbidden to mail or transfer any illegal or slanderous or obscene or pornographic material or any material violating the laws, to the ChemOrbis Site or from ChemOrbis Site.

Discussion Board: ChemOrbis reserves the rights for the areas where the Site users mail or transfer Messages to each other or communicate with each other, and the rights for monitoring or viewing the content of these Messages, these being not obligatory for ChemOrbis. ChemOrbis will not hold any responsibility with regard to the content of these Messages in terms of copyright laws, calumny, privacy, obscenity or other reasons. ChemOrbis reserves the right to delete Messages when they have malicious, calumniate, obscene content or if they are unacceptable for any other reason.

Links to Other Web Sites: Any web site link on the Site is presented to you to help you connect to the related site easily. You will be leaving the ChemOrbis Site when you use those links. ChemOrbis has not examined all of the sites that are being executed by third parties and it does not control their content and is not responsible for them. Thus, ChemOrbis is not a guarantor for any information, software application or other products or materials and for the consequences of using those and it does not undertake any obligation related to them. When you decide to make a connection to any of the sites that have a link through the ChemOrbis Site, any risk that may result from this connection will be within your responsibility.

Renunciation: ALL THE MATERIALS PROVIDED THROUGH THIS SITE ARE PRESENTED AS THEY ARE, WITHOUT GIVING ANY WARRANTIES INCLUDING WARRANTIES FOR THEIR COMMERCIAL VALUE, COMPATIBILITY FOR CERTAIN PURPOSES OR THAT THEY DON'T VIOLATE INTELLECTUAL PROPERTY RIGHTS. ChemOrbis, does not proclaim the accuracy and completeness of the materials on this Site. ChemOrbis can make modifications to the materials on this Site without any notification. The materials on this Site can be out of date; ChemOrbis does not assure up to date materials on the Site. Information on this site can be related to products, programs or services that are not available in your country. Please contact the ChemOrbis trade liaison point in your region to get information for the products, programs and services that are available in your region.

Limitation of Obligation: ChemOrbis, ITS SUPPLIERS OR OTHER THIRD PARTIES SPECIFIED ON THE SITE WILL NOT BE RESPONSIBLE FOR ANY CLAIM FOR LOSS, HARM AND COMPENSATION (INCLUDED BUT NOT LIMITED TO PROFIT LOSSES, LOST DATA OR BUSINESS POSITIONS), RESULTING FROM THE USE OR UNAVAILABILITY, OR THE CONSEQUENCES OF USAGE OF MATERIALS, OR INFORMATION PROVIDED THROUGH THIS SITE, OR ONE OR ALL OF THE OTHER WEB SITES LINKED TO THIS SITE, EVEN IF IT IS BASED ON ANY LEGAL CAUSE SUCH AS GUARANTEE, CONTRACT, TORT AND WHETHER THE POSSIBILITIES OF DAMAGE HAVE BEEN NOTIFIED OR NOT.

ALL OF THE EXPENSES RESULTING FROM THE NECESSITIES FOR MAINTENANCE OR ADJUSTMENT IN YOUR HARDWARE OR DATA, CAUSED BY THE USE OF THE MATERIALS OR INFORMATION ON THIS SITE, BELONGS TO YOU.

REGISTRATION

a. Applicants should accurately fill in all of the required fields on the membership application form.
b. The Membership agreement should be carefully read and signed by an authorized representative of the applicant company.
c. Requested documentation should be immediately forwarded to iLab Kurumlararasy Elektronik Ticaret ve Bilgisayar Hizmetleri A.?. (hereinafter referred to as "ChemOrbis").
d. ChemOrbis may request supplementary information and documentation when necessary.
e. Once an applicant becomes a member of ChemOrbis, authorized users will need to be defined. Members may define two user authorization levels, Administrator and Operator. All users are defined by the Administrator.
f. The "Administrator" can perform the following in ChemOrbis:

  • View the administrator screen
  • View news content
  • View help documents
  • Enter company information
  • Update company information (Excluding Company Name)
  • Register users
  • Update user information
  • Delete users
  • Create a buyer auction
  • Create a seller auction
  • Cancel a scheduled auction
  • Update a scheduled auction
  • Bid in a seller auction
  • Bid in a buyer auction
  • View an auction history of the company
  • Update the "Auctions of Interest" preferences
  • View the "Auctions of Interest"
  • Join the message board
  • Use OrbisRate (See OrbisRate)
  • View OrbisRate Information (See OrbisRate)
  • Conclude a buyer/seller auction
  • Decide to Negotiate
  • Monitor the Negotiation Phase
  • g. The "Operator" can perform the following in ChemOrbis:

  • View news content
  • View help documents
  • Create a buyer auction (Only by entering the authorization code)
  • Create a seller auction (Only by entering the authorization code)
  • Cancel a scheduled auction (Only by entering the authorization code)
  • Update a scheduled auction (Only by entering the authorization code)
  • View ongoing auctions
  • Bid in a seller auction (Only by entering the authorization code)
  • Bid in a buyer auction (Only by entering the authorization code)
  • View an auction history of the company
  • View "Auctions of Interest"
  • Join the message board
  • View OrbisRate Information (See OrbisRate)
  • Conclude a buyer/seller auction (Only by entering the authorization code)
  • Decide to Negotiate (Only by entering the authorization code)
  • Monitor the Negotiation Phase
  • h. ChemOrbis may verify references and other information with third parties.

    i. ChemOrbis will treat all information provided by members with strict confidentiality.

    j. ChemOrbis may reject membership applications where information and documentation provided by the applicant is not sufficient. The applicant's acceptance of the terms and conditions and signing of the membership agreement does not imply automatic admission as a member.

    k. Those applicants who are admitted as a member will be provided with a username, temporary password and authorization code via e-mail. Membership is activated with the signing of the membership agreement by both ChemOrbis and the Applicant.

    2. USING CHEMORBIS

    Subject to the limitations set forth above for different types of users, members can use ChemOrbis as set forth below:
    a. ChemOrbis members will be classified under four categories:

    1. Buyer: Members who purchase goods traded on ChemOrbis for their own consumption and not for reselling.

    2. Supplier: Members who produce goods traded on ChemOrbis or their affiliated offices outside their country of foundation or unaffiliated companies with representation to act as exclusive agent.

    3. Trader: Members who re-sell goods produced / sold by suppliers as defined above on an ex-proforma basis without acting as an exclusive agent.

    4. Distributor: Members who re-sell goods produced / sold by suppliers as defined above (by maintaining local inventory where necessary) on an ex-inventory basis without acting as an exclusive agent.

    b. Creating Buyer / Seller Auction
    Authorization to create buyer / seller auctions is defined below:

      Opens Buyer Auction Opens Seller Auction Participates in Buyer Auction Participates in Seller Auction
    Buyer Yes No No Yes
    Trader No No Yes Yes
    Distributor Yes Yes Yes Yes
    Supplier No Yes Yes No

    1. The minimum quantity required to create an auction is 15 MTs.The minimum partial quantity should be at least 5 MTs.

    2. Members should define and confirm contract terms (product specifications, payment terms, shipment terms).

    3. Members should define and confirm the following auction specifications:

    a. Opening date and time, closing date and time, auction duration (auctions cannot last more than 24 hours).

    b. Validity period of auctions (cannot be more than 1 hour after the closing time of an auction).

    c. Anonymous or known prices:

    i. Anonymous Prices: The Auctioneer sees all prices, bidders see only their own prices and are provided with feedback from ChemOrbis as to whether or not they quoted the best price. In single bid auctions the prices will automatically be anonymous.

    ii. Known Prices: When prices are known, all the participants in an auction can view the quoted prices.

    d. Anonymous or known identities:

    All participants known: The identity of both the Auctioneer and the bidders will be known to all companies participating in that auction.

    All participants anonymous: The identity of both the Auctioneer and the bidders will be anonymous to all companies participating in that auction.

    Parties known, bidders anonymous to peers: The identity of the Auctioneer will be known by all the bidders and the Auctioneer will know all the bidders' identities whereas the bidders will remain anonymous to one another throughout the auction.

    e. Define the participants in an auction:

    i. Open to all members

    ii. Selected members not allowed

    iii. Selected members only, others not allowed
    iv. Selected members only, others with permission

    f. Auctions can be scheduled up to one year later.

    g. Auctions can be extended automatically for up to 30 minutes if at least one of the conditions below is met:

    1. Less than 3 companies participated in the auction

    2. At least 50% of the bids were placed in the last 5 minutes

    d. Viewing Auction History

    Members are able to view details of the auctions they created, concluded or bidded. This data will be stored in the ChemOrbis database for each member unless the size of such data is unreasonably large.

    e. Auctions of Interest

    Members may be promptly alerted about certain scheduled or ongoing auctions based on their preferences such as auction type, product info and product origin. Auctions which meet the criteria will be summarized in the "Auctions of Interest" section on "My Auctions" page of each member.The auctions that the member is invited to will be highlighted with a different color under "Auctions of Interest".

    f. Conclusion of Buyer / Seller Auctions and the Negotiation Phase

    Within 15 minutes after the end of the bidding phase, the auctioneer decides whether to conclude the auction or start the negotiation phase. The overall duration of the negotiation phase is 50 minutes.

    i. Conclude the auction

    1. Without awarding the auction to a party

    a. Reschedule the auction to a later date

    2. Awarding the auction to one or more bidders

    a. If the identity of the participants was anonymous, identities of the auctioneer and the winning party are revealed to each other.

    b. ChemOrbis has the right to a commission from the transaction concluded.

    c. ChemOrbis has the right to change its fee structure with prior notice to its members.

    ii. Negotiation Phase (**)

    a. At the end of the bidding phase, the auctioneer may choose up to 3 offers made during the bidding phase and invite the bidders to negotiate the price, quantity, shipment and payment terms. The auctioneer may invite the bidders in reference to more than one offer made.

    b. The overall duration of the negotiation phase is 50 minutes. At the end of the negotiation phase, the auctioneer has 60 minutes to evaluate the bids.

    c. During the Negotiation Phase, the auctioneer may conclude the auction in favor of any participant at any time.

    d. The auctioneer initiates the negotiation phase by sending counters to all invited offers simultaneously. At least one of these offers must be a "Firm Offer". A Firm Offer is binding once accepted by the bidder.

    (**) Negotiation Phase can be used only by those members creating buyer auctions for quantities equal to or above 200 MTs or for seller auctions for quantities equal to or above 100 MTs.

    g. OrbisRate

    The OrbisRate feature enables members to confidently make transactions in auctions where the identity of the participants is anonymous. Members can rate all their possible counterparts from 1 to 5 according to their own preferences and past experiences.The unrated members will be rated as 0 (zero).

    This rating system is designed to be a guideline for the members in auctions where prices and / or identities are anonymous. Below is a description of the rating scale:

    1- Excellent (Excellent performance, financial condition, problem resolution, always preferred over others).

    2- Good (Average performance, financial condition, problem resolution, can do business without much hesitation).

    3- Acceptable (Have some concerns about performance, financial conditions and problem resolution, but have done business with before and can do again selectively).

    4- Unknown

    5- Unacceptable (System automatically guarantees they do not participate in your auctions).

    ChemOrbis members are not permitted to rate all other members. Rating authorizations are defined in the table below according to the definitions above.

      Buyer Trader Distributor Supplier
    Buyer Cannot Rate Can Rate Can Rate Can Rate
    Trader Can Rate Cannot Rate Can Rate Can Rate
    Distributor Can Rate Can Rate Can Rate Can Rate
    Supplier Can Rate Can Rate Can Rate Cannot Rate

    h. Use of Message Board During Buyer / Seller Auctions

    During an auction, participants may exchange comments through the use of the Auctioneer's message board. Members are prohibited from any action which would reveal their identity during an auction where identities are anonymous.

    Arbitration: The ChemOrbis website, aforementioned rules and conditions are valid and will be applied according to the Republic of Turkey laws and regulations. All disputes arising out of the aforementioned rules and conditions will be resolved in the courts of Istanbul and third party resolution is not applied.

    General: Treda may review and update the member conduct rules if necessary. As these rules and conditions are binding, you are recommended to visit this page and update your version of the membership conduct rules and conditions.

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