Terms of Service

1. Acceptance of These Terms

These Terms of Service constitute a binding agreement between the partner and World Trade Sponsor Co., Limited. The agreement takes effect when the partner first uses this website, when the partner submits an enquiry, or when the partner engages a sponsorship program, whichever occurs first.

Where a partner accepts these terms on behalf of an organisation, the partner confirms that the partner has the authority to bind that organisation. Where a partner does not hold that authority, the partner must not accept these terms on the organisation behalf.

These terms apply together with any program proposal, statement of work or written scope issued by the house. Where a program proposal conflicts with these terms, the program proposal prevails for that engagement only, and only where the proposal expressly states that it overrides a specific clause.

2. Definitions

In these terms, the following words carry the meanings set out below.

• House, company and World Trade Sponsor Co., Limited refer to the entity at Room 826, 8/F Ocean Centre Harbour City, 5 Canton Road, Tsim Sha Tsui, Hong Kong (HK).
• Partner refers to any person or organisation that uses this website, submits a brief or engages a program.
• Program refers to any sponsorship service described on this website, including Buyer Sourcing Programs, Export Matchmaking, Trade Fair Delegations, Market Entry Briefings, Compliance and Documentation Support and Logistics Coordination.
• Ledger means the internal record of a sponsorship file maintained by the house.
• Counterparty means a supplier, buyer, carrier, inspection body or other party introduced or verified as part of a program.
• Brief means the written requirement submitted by a partner to begin an engagement.

3. Description of Services

The house provides global trade sponsorship services. The six core programs are Buyer Sourcing Programs, Export Matchmaking, Trade Fair Delegations, Market Entry Briefings, Compliance and Documentation Support and Logistics Coordination. A full description of each program appears on the services page.

The house may add, change or retire a program at any time. Where a change affects an active engagement, the house will notify the partner and will complete the engagement on the terms that applied when it was opened, unless the partner agrees otherwise in writing.

The house applies a computer systems design and computer integrated systems design discipline to its trade files. This means that every engagement is documented, every verification step is recorded, and every milestone is tracked in the ledger. The partner acknowledges that the house provides sponsorship, coordination and verification services, and does not itself manufacture, own or sell the goods that move under a program.

4. Eligibility

The website and the programs are intended for business users. A partner must be at least eighteen years of age and must act in the course of a trade, business or profession.

A partner must be able to enter into a binding contract and must not be subject to trade sanctions or other legal restrictions that would prevent the partner from taking part in cross border trade. The house may decline an engagement where the partner or the proposed counterparty is subject to a restriction that the house reasonably considers material.

Where a partner is located in a jurisdiction that restricts the import or export of a product category, the partner is responsible for ensuring that the engagement complies with the law of that jurisdiction. The house may ask for evidence of compliance before proceeding.

5. Engagement and Intake

An engagement begins when the house accepts a brief. The house acknowledges every brief within one business day and assigns a ledger reference. Acceptance takes place when the house issues a written program proposal or confirms the scope in writing.

The intake stage establishes the product specification, the target markets, the expected volume, the delivery window and the commercial structure. The partner is responsible for providing accurate and complete information at intake. Where a brief changes materially after acceptance, the house may revise the scope, the timeline and the fees.

A ledger reference does not by itself create an obligation on the house to complete a program. The obligation arises only when the scope is confirmed and, where a fee applies, the fee arrangement is agreed in writing.

6. Fees and Payment

The house quotes fees in writing before work begins. A quote states the scope, the deliverables, the amount and the payment schedule. The partner is not liable for a fee that has not been quoted in writing.

Unless a proposal states otherwise, fees are payable as follows: a portion on acceptance of the brief, and the balance on delivery of the program deliverables. Invoices are payable within the period stated on the invoice. Where a partner disputes an invoice, the partner must notify the house within fourteen days and pay the undisputed portion.

The house may suspend work on an engagement where an undisputed invoice remains unpaid beyond the stated period. Suspension does not release the partner from the obligation to pay for work already performed.

Fees are exclusive of any customs duty, tax, terminal charge, carrier surcharge or third party cost unless the proposal expressly includes those items. Third party costs are passed through at cost with supporting evidence on request.

7. Partner Obligations

The partner agrees to provide accurate, complete and timely information to the house. This includes the product specification, the certifications held, the volume required, the delivery window and any restriction that applies to the product or the destination.

The partner agrees to respond to house requests within a reasonable time. Verification and documentation work cannot proceed while a required item is outstanding, and a delay caused by an outstanding item may move the delivery window.

The partner agrees to comply with all applicable laws, including customs law, export control law, anti money laundering law and product safety law. The partner agrees not to use a program to move goods that are prohibited, counterfeit, unlicensed or misdescribed.

The partner agrees to keep the ledgers, documents and counterparty information provided by the house confidential, and to use them only for the purpose of the engagement for which they were provided.

8. Obligations of the House

The house agrees to perform each program with reasonable skill and care, in accordance with the agreed scope and in accordance with applicable law.

The house agrees to keep the partner informed of material progress and of any issue that is likely to affect the timeline or the outcome. Material issues are escalated to a named contact rather than left to a general queue.

The house agrees to maintain the confidentiality of partner information as described in clause 13 and to handle personal information as described in the Privacy Policy.

The house agrees to issue a closing report at the end of each engagement, recording the deliverables provided, the outcome achieved and any recommendation for further work.

9. Verification and Due Diligence

The house verifies counterparties against registration records, production evidence, inspection reports and shipment history. A verification is carried out as at a point in time and reflects the information available at that time.

A verification does not guarantee the future performance of a counterparty, the quality of a future production run, or the absence of a hidden defect. The partner acknowledges that verification reduces risk and does not eliminate it.

Where a verification reveals a concern, the house will report the concern to the partner. The house may decline to introduce a counterparty or to continue a program where the concern is, in the reasonable judgement of the house, material to the engagement.

10. No Agency or Guarantee of Results

The house acts as a sponsor and coordinator. Except where a written proposal expressly states otherwise, the house does not act as the agent of the partner, does not have authority to bind the partner, and does not become a party to the contract of sale between a buyer and a seller.

The house does not guarantee that a program will produce a particular commercial result, such as a specified number of matches, a specified order volume or a specified profit. The house guarantees that it will perform the agreed scope with reasonable skill and care.

A counterparty introduced by the house contracts directly with the partner. The terms of that contract, including price, quality, delivery and payment, are agreed between the partner and the counterparty.

11. Shipment Risk and Incoterms

Risk in goods passes between the parties to the contract of sale according to the incoterms agreed between them. The house coordinates the route but does not assume the risk of loss or damage that the contract of sale places on a party.

The partner is responsible for insuring the goods unless the agreed incoterms or the program proposal provide otherwise. The house will coordinate insurance where the scope includes it, but the policy is issued by the insurer and is subject to the terms of that policy.

Where a shipment is delayed by a customs query, a carrier roll, a port closure or another event outside the reasonable control of the house, the house will work to resolve the matter and will record the event in the ledger, but it is not liable for the delay itself.

12. Intellectual Property

The content of this website, including the text, the layout, the program descriptions and the trade ledger design, is owned by the house or is used under licence. A partner may view and print the content for the purpose of the engagement and may not reproduce it for commercial use without written permission.

The house retains ownership of the market entry briefings, compliance packs, route checklists and other documents it prepares. The partner receives a licence to use those documents for the purpose of the engagement for which they were prepared.

The partner retains ownership of the partner own product specifications and commercial data. Where the partner provides such material to the house, the partner grants the house a licence to use it to the extent necessary to perform the program.

13. Confidentiality

Each party agrees to keep confidential the commercial and technical information of the other party that is disclosed during an engagement and that is marked or reasonably understood to be confidential.

Confidential information may be disclosed to employees, professional advisers and service providers who need it to perform the engagement, provided that those persons are bound by confidentiality obligations at least as protective as this clause.

Confidentiality obligations do not apply to information that is already public, that was lawfully known before disclosure, that is independently developed without reference to the disclosure, or that must be disclosed by law or by a regulatory authority. Where disclosure is required by law, the disclosing party will give the other party notice where permitted.

Confidentiality obligations survive the end of an engagement for a period of five years.

14. Privacy and Data Protection

The house handles personal information in accordance with the Privacy Policy, which forms part of these terms. The partner should read the Privacy Policy before submitting personal information.

Where the partner provides personal information about another person to the house, the partner confirms that the partner has the authority to do so and that the other person has been told how the information will be used.

The house may record telephone calls and correspondence where this is necessary for quality, training or the accurate maintenance of the ledger. Where a recording is made, it is retained for the period stated in the Privacy Policy and is used only for the purposes described in that policy.

15. Prohibited Conduct

The partner must not use this website or a program in a manner that breaches applicable law or the rights of a third party. Prohibited conduct includes the following.

• Submitting false or misleading information at intake or during verification.
• Using a program to move counterfeit, prohibited or unlicensed goods.
• Attempting to circumvent customs, export control, sanctions or anti money laundering requirements.
• Copying, scraping or republishing the content of this website without written permission.
• Interfering with the operation of the website or attempting to gain unauthorised access.
• Using information provided by the house to approach a counterparty outside the agreed scope of the engagement.

Where the house reasonably believes that prohibited conduct has occurred, it may suspend or terminate the engagement without prejudice to its other rights, including the right to payment for work already performed.

16. Third Party Providers

The house works with carriers, freight forwarders, inspection bodies, testing laboratories, translation services and travel providers. These providers act under their own terms and their own liability arrangements.

Where the house engages a third party provider on behalf of a partner, it does so as a coordinator and not as a guarantor of the provider performance. The house selects providers with care and will assist the partner in pursuing a claim against a provider, but it does not assume the liability of the provider.

A partner may engage its own providers for any part of a route. Where a partner does so, the house is not responsible for the performance of those providers, although it will coordinate with them where the scope requires it.

17. Limitation of Liability

Nothing in these terms excludes or limits liability that cannot be excluded or limited by applicable law, including liability for fraud and liability for death or personal injury caused by negligence.

Subject to the paragraph above, the total liability of the house arising out of or in connection with an engagement is limited to the total fees paid by the partner for the program under which the claim arises.

Subject to the first paragraph, the house is not liable for indirect or consequential loss, loss of profit, loss of business, loss of opportunity, loss of data or damage to reputation, whether the claim arises in contract, in tort or otherwise.

The house is not liable for a loss caused by inaccurate information supplied by the partner, by the failure of a counterparty to perform a contract of sale, or by an event outside the reasonable control of the house.

A claim must be brought within the period permitted by applicable law, and in any event the partner should notify the house of a claim promptly so that the matter can be investigated while the relevant records are available.

18. Indemnity

The partner agrees to indemnify the house against any loss, claim, liability or expense that the house incurs as a result of the partner breach of these terms, the partner breach of applicable law, or the partner provision of inaccurate information.

The indemnity includes reasonable legal costs incurred in responding to a claim, provided that the house notifies the partner of the claim promptly and takes reasonable steps to mitigate the loss.

The house agrees to indemnify the partner against any loss, claim, liability or expense that the partner incurs as a result of a breach by the house of its confidentiality obligations under clause 13, subject to the limitations in clause 17.

19. Term and Termination

An engagement continues until the deliverables are provided and the closing report is issued, unless it is terminated earlier in accordance with this clause.

Either party may terminate an engagement by written notice where the other party commits a material breach and does not remedy the breach within fourteen days of notice. Either party may terminate immediately where the other party becomes insolvent or ceases to carry on business.

The house may suspend or terminate an engagement immediately where it reasonably believes that continuing would breach applicable law or would expose the house to a risk that it considers material.

On termination, the partner remains liable for fees for work performed up to the date of termination and for third party costs already committed. The house will provide the deliverables that have been completed and will issue a final account. Clauses that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and governing law, continue to apply.

20. Force Majeure

Neither party is liable for a failure or delay in performance caused by an event outside its reasonable control. Such events include natural disaster, war, civil unrest, epidemic, industrial action, port closure, carrier failure, government action, sanctions and a failure of utilities or communications.

Where a force majeure event continues for more than sixty days, either party may terminate the affected engagement by written notice. On termination, the partner pays for work performed and for third party costs already committed up to the date of termination.

21. Governing Law and Disputes

These terms and any dispute arising out of or in connection with them are governed by the laws of the Hong Kong Special Administrative Region.

The parties will attempt to resolve a dispute through good faith discussion before commencing formal proceedings. Where discussion does not resolve the matter within thirty days, either party may refer the dispute to the courts of the Hong Kong Special Administrative Region, which have exclusive jurisdiction.

Nothing in this clause prevents the house from seeking urgent relief, including an injunction, in any court of competent jurisdiction where such relief is necessary to protect its rights.

22. Changes to These Terms

The house may update these Terms of Service from time to time to reflect changes in law, in the programs offered, or in the way the house operates. The effective date at the top of this page records the most recent revision.

Where a change is material, the house will take reasonable steps to notify partners, such as posting a notice on the website or sending a message to contacts who have asked to receive program updates. A change does not alter the terms of an engagement that was opened before the change took effect, unless the partner agrees otherwise in writing.

Continued use of the website after a change takes effect indicates acceptance of the revised terms.

23. Contact Information

Questions about these Terms of Service should be sent to the house using the details below.

The house will acknowledge a question within five business days and will provide a substantive response within a reasonable time. Partners are encouraged to read the Privacy Policy alongside these terms and to return to the home page for a description of the sponsorship programs offered by the house.