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Terms and Conditions lightxchange (hereinafter referred to as "lightxchange") offers a vertical electronic marketplace for the lighting industry and related industries. It is a neutral platform which facilitates anyone of the following processes: i) the identification of potential buyers and sellers of products or material, ii) the specification of such products or material, iii) the terms and conditions for sale and purchase of such products or material between registered Participants, and iv) the sale and purchase of such products or material between its registered Participants. These Terms and Conditions govern the access to and use of the marketplace. They determine the duties and responsibilities among lightxchange and its Participants. They do not determine the duties and responsibilities among Participants. lightxchange is not, and shall not be construed to be, a party to any transaction made between Participants via the lightxchange market place. After reading these Terms and Conditions carefully, please confirm your acceptance of these Terms and Conditions by pressing the "AGREE" button. lightxchange reserves the right to amend these Terms and Conditions from time to time. After a change, the next time you login to your account, you will be notified of the amendments and asked to accept the amended Terms and Conditions in the same manner as your first acceptance. 1.   General 1.1.   The registration and / or use of the lightxchange market place shall not prevent the Participant from using all other sources of trading including other internet marketplaces. The lightxchange marketplace is open to any commercial enterprise doing business within the lighting industry on a regular basis which fulfills the conditions for registration as set forth below. All Participants are treated equally, no preferential treatments are granted. 1.2.   The operating procedures for making use of the lightxchange marketplace are published at the lightxchange.com web site ("help"-function), and shall be subject to change without notice. 1.3.   lightxchange does not accept any conditions of Participants contrary to these Terms and Conditions 1.4.   Unless otherwise specifically indicated in a particular submission of a Participant, all times referred to in connection with the lightxchange.com marketplace shall be governed by Greenwich-Mean-Time. 1.5.   Subject to prior written approval of lightxchange, each Participant is allowed to provide links to the lightxchange.com website from outside this site. 2.   Participant Registrations 2.1.   In order to be a Participant of the lightxchange, the eligible enterprise must designate a Participant Administrator, who shall have been given authority to act on behalf of such enterprise in all respects in relation to the participation in lightxchange, and who will be the future contact person to lightxchange. On-line registration procedures and guidance are given at the lightxchange.com web site. 2.2.   A Participant may designate additional users of its organisation other than its Participant Administrator to act on behalf of the Participant in all respects in relation to its participation in lightxchange. 2.3.   In order to initiate transactions on the lightxchange, Participants shall register as either supplier or buyer and designate the field of products for which they intend to conduct transactions. If a Participant is both a buyer and a supplier within the lighting industry, Participant may register twice: once as a buyer, and once as a supplier. 2.4.   All entries, transactions or notifications submitted to lightxchange shall be made by the Participant Administrator and / or registered users designated by the Participant Administrator on behalf of the Participant, and shall only be accepted or recognised by lightxchange when executed by the Participant Administrator and / or any such registered users. 2.5   lightxchange reserves the right to require written evidence or confirmations from applicants as to their existence and qualification for becoming a Participant, and as to the authorisation of Participant Administrators, to reject or restrict Participantship applications on the grounds that the applicant does not fulfil or does not fulfil all of the requirements for Participantship, or for registration as supplier or buyer within a certain field of product or material or on the grounds that an application is incomplete, or that application procedures or any additional qualification requirements have not been followed or complied with. 2.6   Participation in lightxchange and its services provided by the lightxchange.com web site is free of charge. lightxchange reserves the right to introduce Participant and / or Participant transaction fees. 3.   Use of lightxchange 3.1.   Instructions for use and procedures for using the lightxchange market place are given in the User Guide ("help"-function) published at lightxchange.com. These instructions and procedures are subject to change without notice. 3.2.   lightxchange features tools enabling or facilitating potential Buyers in - identifying potential Suppliers for the supply of specified products or material, and / or - identifying the terms and conditions at which such products or material is available from Suppliers, and / or - purchasing such products or material from a chosen Supplier. 3.3.   lightxchange features tools enabling or facilitating potential Suppliers in - obtaining opportunities to offer supplies of specified products or material and / or - quoting terms and conditions for the sale of such products or material and / or - selling such product or material on terms and conditions accepted by a Buyer. 3.4.   Sellers and Buyers shall submit quotations, respectively request quotations in good faith, and only on the basis of actual supply capability respectively procurement needs. No price manipulation shall take place. Sellers and Buyers shall take all reasonable care that requests for information, quotations, or offers, which have become obsolete, are immediately withdrawn. A Participant is solely responsible for all information supplied by his Participant Administrator or users designated by such Administrator in progress of the preparation of transactions on the lightxchange.com web site. Every Participant has to ensure that the products involved in transactions prepared by use of the lightxchange.com web site and the following transactions themselves are not violating any laws, statutes or regulations, especially but not limited to export control and consumer protection provisions. 3.5.   Neither Sellers or Buyers who are making use of one or more of the facilitating tools referred to under sec. 3.2. or 3.3. above, are obliged to proceed to concluding the final purchase agreement via lightxchange. Buyers requests for quotations shall not constitute an obligation to accept the cheapest offer or in any other way restrict Buyers discretionary rights to choose among offers or to reject all offers. 3.6.   In order to ensure secrecy and competition among Sellers and Buyers, transaction information entries of a Buyer shall not be visible to other Buyers, and transaction information entries of Sellers shall not be visible to other Sellers. With the exception of an initial request for information entry of a Buyer, all entries shall be visible to only such potential trading partners which are designated for the particular transaction by the individual Buyer or Seller. 3.7.   Participants understand that the lightxchange.com includes certain trading procedures such as auction and reverse auction and bidding procedures which may be finalised by awarding and which will or may imply the conclusion of legally binding and enforceable purchase and sale agreements under most legislations. 4.   Participants Conduct 4.1.   Participants agree to comply with the User Guidelines and instructions as published at lightxchange.com web site, and not to tamper or interfere with the software of the web site or the functionality of the said site. This includes but is not limited to the imposition of an overload on the lightxchange.com infrastructure and the putting of material on the site which is infected by viruses, Trojan horses, time bombs or other elements that may damage or interfere with the computer programming structure of the lightxchange.com web site. 4.2.   Participants shall refrain from using the lightxchange services to start or continue collusion or illegal arrangements between two or more Participants that may hinder or violate competition, or to disturb other participants' privacy in any way for example by invading their hardware or software without their consent. 4.3.   Participants are responsible for keeping the password secret. Every registered person is responsible for all activities done by using its username and password. If the registered person or the Participation Administrator learns about misuse of its data by third persons or if believes such violation may have taken place, lightxchange has to be informed immediately. 5.   Intellectual Property Rights    The lightxchange.com website and the materials used and displayed on the said site including but not limited to text, software, graphics, illustrations, logos, trademarks, service marks and all other materials are property of lightxchange and are protected by copyright, trademark and other laws. All rights are reserved. Every participant agrees, including without limitation, not to modify, reproduce, retransmit, distribute, disseminate, sell publish, broadcast, circulate, reverse engineer, disassemble, rent, lease, loan, sublicense or create derivative works from any such material without the prior written approval of lightxchange.com. 6.   Warranty, Liability, Indemnification 6.1.   The lightxchange.com web site is a neutral trading forum available to Participants to prepare and / or to conclude transactions. It is provided "as is" and "as available" without any warranty or condition of any kind, either expressed or implied. Participants' reliance on any information retrieved or submitted via lightxchange.com, such as, but not limited to product or material specification, offers, orders, or offer or order acceptance is entirely at their own risk. Accordingly lightxchange does not warrant and accepts no liability as to the ability of Participants or their registered users to enter into any obligation committed via lightxchange, to conclude individual purchasing contracts, or their ability to fulfil their obligations herein, especially but without limitation their financial capability or ability to supply, and the quality, reliability, completeness, up-to-date nature or contents of products or materials or title to same, or the fitness of products or materials for a particular purpose and use, or the compliance of products or materials with legal provisions, including without limitation intellectual property rights provisions, or that products are not counterfeiting products. Further, there are no warranties given by lightxchange that the Participants or their registered users are who they claim to be. As far as lightxchange has security and verification processes in place they are implemented for convenience of the Participants only to minimise the risks of sellers and buyers, and are not warranted. lightxchange does not warrant that (correct) use of any of the tools and processes provided by lightxchange will constitute a legally binding agreement among Participants under any legislation. 6.2.   Subject only to any applicable statutory laws, lightxchange does not warrant and accepts any liability for damages arising in any way out of the availability, use, reliance on, or inability to use the lightxchange web site. To the extent permitted under any statutory law, Participant hereby waives any rights of asserting claims against lightxchange. In no event will lightxchange, its officers, directors, employees, parents, affiliates, successors or assigns, be liable to any party for any direct indirect, special, punitive, incidental or consequential damage, including but not limited to damage for loss of business profits, business interruption, loss of business opportunities, loss of data or information other intangible property. In no event shall the liability of lightxchange exceed 5,000.00 Euro (Euro five-thousand). 6.3.   Every Participant agrees to defend, indemnify and hold harmless lightxchange from claims, suits, proceedings and expenses, including reasonable attorney's fees, arising in any way from the Participants use of the lightxchange web site, any violation of these Terms and Conditions or any Participants submissions on or through the said site. 6.4.   6.4. Every Participant is liable to lightxchange for all damages that are based upon violations of laws or this Terms and Conditions by the Participant which also includes damages to the lightxchange infrastructure caused by wilful or negligent transmission of infected data. 7.   Termination 7.1   Every Participant and any of its registered users is free to terminate its registration at any time by written notice in form of an e-mail of the Participant Administrator. In case of termination of the registration of and by a Participant, the registrations of the users of that Participant are automatically terminated. A Participant may terminate the registration of any of its registered users forthwith. 7.2   lightxchange shall have the right to terminate the registration of Participants and / or any of their registered users in the event and subject only to the opinion of lightxchange that i) a Participant or any of its registered users are in breach of these Terms and Conditions, ii) a Participant or any of its registered users is clearly misusing the trading forum provided by lightxchange; a misuse can be submission of false or misleading information, fictitious requests for quotations, quotations, bids etc., iii) Participant have ceased its activities within the lighting industry, or have not made use of any of the facilities provided by lightxchange within a period of 90 days. lightxchange is also entitled to terminate the lightxchange service as such by giving notice to all registered Participants with a notice of 60 days. 7.3   lightxchange also reserves the right to adapt or limit the field of products or materials registered for each Participant in order to accurately reflect the trading areas of such Participant. 7.4   The termination will be made public by deleting the Participant respectively registered user from the list of registered participants/users at lightxchange. 7.5   Irrespectively of a Participants withdrawal from the lightxchange, every Participant has the duty to fulfill closed contracts. 8.   Contact    admin@lightxchange.com 9.   Invalid Provisions    The invalidity of an individual provision of this Terms and Conditions shall not affect the validity of this agreement as a whole. Any provision shall be automatically be replaced by a valid provision coming closest to the commercial purpose of the invalid provision. 10.   Law and venue    These Terms and Conditions apply between lightxchange and any Participant or registered user. The relationship between lightxchange and Participant and / or registered user shall be exclusively subject to the laws of Germany. Legal venue for any dispute shall be Munich. lightxchange is entitled to raise an action against any Participant and / or registered user at the legal venue of such participant and / or registered user.

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