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Buyer User Agreement

EKOWAREHOUSE BUYER USER AGREEMENT

EKOWAREHOUSE BUYER USER AGREEMENT

  1. ACCEPTANCE OF TERMS

1.1       The following sets forth the terms and conditions for the use of Ekowarehouse (the "Service") Buyer User Agreement (this "Agreement") between you (“Buyer”) and Ekowarehouse Limited company ("Ekowarehouse.com") under which Ekowarehouse.com offers you access to the Service to connect with other Buyer and Supplier users (“Members”) through the website identified as www.Ekowarehouse.com (“Site"). Your contract is with Ekowarehouse Limited, incorporated in Hong Kong Special Administrative Region of the People's Republic of China, (henceforth Hong Kong SAR). with Company Registration Number 60687242-001. Use of the Service indicates that you accept the terms and conditions set forth below. If you do not accept all of the terms and conditions, please do not use the Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I AGREE" BUTTON, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT, THE SITE’S TERMS OF USE, DISCLAIMER AND PRIVACY POLICY WHICH ARE INCORPORATED HEREIN BY REFERENCE (COLLECTIVELY REFERRED TO AS THE "TERMS OF USE"). This Agreement will not take effect unless and until you have activated your Account. Terms not defined in this Agreement shall bear the same meaning as that contained in the Terms of Use. 

1.2       Ekowarehouse.com may amend this Agreement at any time by publishing the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon publishing. Publishing by Ekowarehouse.com of the amended and restated Agreement and your continued use of the Service shall be deemed to be acceptance of the amended terms.

  1. THE SERVICE

 2.1      The Service will be offered for an unlimited time period from date of successful registration by the Buyer on the Site unless terminated in accordance with the terms of this Agreement.

2.2       The Service will have the following core features ("Buyer Benefits") (which may be added to or modified, or suspended for scheduled or unscheduled maintenance purposes, from time to time at the sole discretion of Ekowarehouse.com and notified to you) 

 

a)

Company Profile: allows each Buyer to display and edit basic information about its business, such as year and place year and place of establishment, general description of products they want to source, etc.

b)

Messaging FREE: allows each Buyer to send 10 FREE message enquiries per month to suppliers whose products and company profiles are displayed on the Site.

c)

Messaging PAID: allows each Buyer to send unlimited message enquiries to suppliers whose products and company profiles are displayed on the site by paying Ekowarehouse.com USD 50 for the period of one year from the day they make a successful payment.

d)

Special Features: allows each Buyer to save searches for products and mark products as ‘favorites’ for later review.

 2.3      Ekowarehouse.com may suspend or terminate all or part of the above Buyer Benefits at any time in its sole discretion. Ekowarehouse.com reserves the right to change the price of the Service or any feature or functionality of the Service at any time in its sole discretion.

2.4       Benefits, features and functions available to a Buyer may vary for different countries and regions.  No warranty or representation is given that a particular feature or function or the same type and extent of features and functions will be available.

 2.5      The availability of any transactional features and functions on the Site to any Buyer is conditional on verification of the Buyer’s identity and/or its designated bank account by Ekowarehouse.com and/or its approved independent third parties.

2.6       Ekowarehouse.com shall issue a Buyer ID (usually the email address of the Buyer account holder) and Password (the latter shall be chosen by the Buyer during registration) to each Buyer to access the Service through such Buyer's Account. Each Buyer shall be solely responsible for maintaining the confidentiality of its Buyer ID and Password and for all activities that occur under the Buyer ID and Password. A set of Buyer ID and Password is unique to a single Account and no Buyer shall share, assign or permit the use of its Account, Buyer ID or Password to another person outside of the Buyer's business entity. Each Buyer acknowledges that sharing of its Account with other persons, or allowing multiple users outside of its business entity to use its Account (collectively, "multiple use"), may cause irreparable harm to Ekowarehouse.com and each Buyer shall indemnify Ekowarehouse.com against any loss or damages (including but not limited to loss of profits) suffered by Ekowarehouse.com as a result of such multiple use of an Account. Each Buyer hereby undertakes to notify Ekowarehouse.com immediately of any unauthorized use of its Account, Buyer ID or Password or any other breach of security. Each Buyer hereby agrees that Ekowarehouse.com shall not be liable for any loss or damages arising from the Buyer's failure to comply with this paragraph. 

2.7       Ekowarehouse.com reserves the right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice. Ekowarehouse.com further reserves the right to introduce new features, functionalities, applications or conditions to the Service or to future versions of the Service. All new features, functionalities, applications, conditions, modifications, upgrades and alterations shall be governed by this Agreement, unless otherwise stated by Ekowarehouse.com. 

2.8       Each Buyer acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Buyer hereby agrees that in no event shall Ekowarehouse.com be liable to the Buyer or any third parties for any inability to use the Service (whether due to disruption, changes to or termination of the Service or otherwise), any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.

  1. BUYER RESPONSIBILITIES

3.1       Each Buyer hereby represents, warrants and agrees to (a) provide true, accurate, current and complete information about itself and its business references as may be required by Ekowarehouse.com and (b) maintain and promptly amend all information to keep it true, accurate, current and complete. Each Buyer hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Ekowarehouse.com to display and use all information provided by such Buyer in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. 

3.2       Each Buyer hereby represents, warrants and agrees that the use by such Buyer of the Service and the Site shall not:

 

a)

contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;

b)

be part of a scheme to defraud other Members or other users of the Site or for any other unlawful purpose;

c)

infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy or other legitimate rights;

d)

impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;

e)

violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

f)

contain information that is defamatory, libelous, unlawfully threatening or unlawfully harassing;

g)

contain information that is obscene, illegal or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;

h)

promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

i)

contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;

j)

involve attempts to copy, reproduce, exploit or expropriate Ekowarehouse.com's various proprietary software codes, directories, databases, company listings and product listings;

k)

involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; and

l)

involve any scheme to undermine the integrity of the computer systems or networks used by Ekowarehouse.com and/or any user of the Service and no Buyer shall attempt to gain unauthorized access to such computer systems or networks;

m)

link directly or indirectly to or include descriptions of goods or Service or other materials that violate any law or regulation or are prohibited under this Agreement or the Terms of Use; or

n)

otherwise create any liability for Ekowarehouse.com or its affiliates.

o)

message other Suppliers/Members on our site in an unsolicited manner. Ekowarehouse.com is a community based on trust and respectful, relevant trade enquiry messages. Suppliers sign up to showcase their certified organic and/or ecolabel products, as defined by having one of the certifications listed here, and receive enquiry messages from buyers looking to purchase/trade their products, NOT advertisement enquiries from other Buyers/Members.

 

3.3       Each Buyer represents, warrants and agrees that with regards to information about or posted on behalf of any business referee, it has obtained all necessary consents, approvals and waivers from its business partners and associates to (a) act as such Buyer's business referee; (b) to post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about the Buyer. Each Buyer further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Buyer's consent to be obtained before third parties may contact the business referees. 

3.4       Buyer shall not take any action which may undermine the integrity of Ekowarehouse.com's feedback/ratings/review (henceforth feedback) system, such as leaving positive feedback for himself using secondary Buyer IDs or through third parties or by leaving unsubstantiated negative feedback for another Member.

3.5       Each Buyer acknowledges and agrees that Ekowarehouse.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or other material or information created, obtained or accessible through the Service. Ekowarehouse.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Buyer. Each Buyer is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information. 

3.6       Each Buyer represents, warrants and agrees that it has obtained all necessary third party licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Ekowarehouse.com or authorizes Ekowarehouse.com to display does not violate the copyright, patent, trademark, trade secrets or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights. Each Buyer further represents, warrants and agrees that it has the right and authority to sell, distribute or offer to sell or distribute the products described in the material or information it posts on the Site or provides to Ekowarehouse.com or authorizes Ekowarehouse.com to display.

3.7       If any Buyer breaches the representations, warranties and covenants of paragraphs 3.1, 3.2, 3.3, 3.4, 3.5 or 3.6 above, or if Ekowarehouse.com has reasonable grounds to believe that such Buyer is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Buyer or third party, Ekowarehouse.com has reasonable grounds to believe that such Buyer has willfully or materially failed to perform its contract with such third party, if Ekowarehouse.com has reasonable grounds to believe that such Buyer has used a stolen credit card or other false or misleading information in any online transaction, Ekowarehouse.com has the right to suspend or terminate the Service and all Buyer Benefits immediately with respect to such Buyer without any compensation, and restrict or refuse any and all current or future use of the Service or any other Service that may be provided by Ekowarehouse.com. Further, Ekowarehouse.com reserves the right in its sole discretion to place restrictions on what a Buyer can post on the Site for such duration as Ekowarehouse.com may consider appropriate, and to remove any material it reasonably believes that is unlawful, could subject Ekowarehouse.com to liability, violates this Agreement or the Terms of Use or is otherwise found inappropriate in Ekowarehouse.com's opinion. Ekowarehouse.com reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Ekowarehouse.com may disclose the Buyer's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action, and Ekowarehouse.com shall not be liable for damages or results thereof and Buyer agrees not to bring any action or claim against Ekowarehouse.com for such disclosure. In connection with any of the foregoing, Ekowarehouse.com may suspend or terminate the Account of any Buyer as Ekowarehouse.com deems appropriate in its sole discretion.

3.8       Each Buyer agrees to indemnify Ekowarehouse.com, its employees, agents and representatives and to hold them harmless, from any and all losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from its submissions, posting of materials or deletion thereof, from such Buyer's use of the Service or from such Buyer's breach of this Agreement or the Terms of Use. Each Buyer further agrees that Ekowarehouse.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Buyer or third parties, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Buyer. Ekowarehouse.com reserves the right; at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Buyer, in which event the Buyer shall cooperate with Ekowarehouse.com in asserting any available defenses.

3.9 Ekowarehouse may at any time and for any reason request additional information from any Buyer to verify the accuracy of information provided. The Buyer agrees to share the information with Ekowarehouse in order to continue using the Service.

  1. INTERACTIONS BETWEEN BUYERS AND SUPPLIERS

4.1       Through the Site, Ekowarehouse.com provides an electronic web-based platform for exchanging information and conducting online business communication dealings regarding products and services between Buyers and Suppliers ("Members"). Ekowarehouse.com reserves the right to limit certain features and functions of the platform to prescribed Members. Despite the provision of the platform through the Site, Ekowarehouse.com does not represent the seller or the buyer in specific transactions whether or not such transactions are made on or via the Site. Ekowarehouse.com does not control and is not liable to or responsible for the quality, safety, lawfulness, deliverability or availability of the products or services offered for sale on the Site or the ability of the Buyers to complete a sale or the ability of Buyers to complete a purchase.

4.2       Members are hereby made aware that there may be risks involved when dealing with people acting under false pretenses. Ekowarehouse.com uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, Ekowarehouse.com cannot and does not guarantee each Buyer's purported identity as shown on the Site and can only use reasonable efforts to verify the personal & corporate identity of the Buyer. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.

4.3       Each Buyer acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct business. Such risks shall include, but not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents ("Transaction Risks"). Each Buyer agrees that Ekowarehouse.com shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. 

4.4       Members are solely responsible for all of the terms and conditions of the transactions conducted as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

  1.    5. USE OF CONTENT ON THE SITE

5.1       Each Buyer acknowledges that all data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted through the Site, are the sole responsibility of such Buyer from whom the content originated. This means that the posting Buyer, and not Ekowarehouse.com, is entirely responsible for all content that is uploaded or posted on the Site. Ekowarehouse.com does not control the content posted and therefore does not guarantee the accuracy, integrity or quality of such content.

5.2       Ekowarehouse.com reserves the right to delete or edit any postings in its sole discretion without prior notice. Ekowarehouse.com may monitor posting activities of any Buyer who is in breach of this Agreement and may restrict their ability to post messages on the Site. Under no circumstances will Ekowarehouse.com be liable in any way for any content, including (without limitation) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use the site by such Buyer. Each Buyer agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Buyer understands that by using the Ekowarehouse.com Site, such Buyer may be exposed to content that is offensive, indecent or objectionable.
 

5.3       Without prejudice to each Buyer's responsibilities under Clause 3 of this Agreement, each Buyer agrees not to: 

a)

upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 

b)

harm minors in any way; 

c)

impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content; 

d)

"stalk" or otherwise harass another; 

e)

collect or store personal data about other users; 

f)

upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships; 

g)

upload, post or e-mail any content that infringes any intellectual property rights or other legitimate rights of any party; 

h)

upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", or any other form of solicitation; 

i)

upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; 

j)

upload, post or e-mail any content that contains a complaint regarding Ekowarehouse.com's Service or refers to such a complaint on the Site or to any other Members; any such complaint must be directed to the customer service e-mail on the Site; or 

k)

violate any applicable national or international laws or regulations.

5.4       Each Buyer acknowledges that Ekowarehouse.com does not pre-screen content but that Ekowarehouse.com shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is posted or uploaded on the Site.

  1. 5.7Each Buyer shall indemnify and hold Ekowarehouse.com and its subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities) arising from any third party claim in relation to any content such Buyer uploaded, posted or e-mailed on or through the Site, or such Buyer's breach of the provisions set out in Clause 5.3.

5.8       On being made aware of any such breaches, Ekowarehouse.com may ban, delete or prohibit any content that relates to those breaches or that Ekowarehouse.com in its sole discretion consider to be harmful to the public or the rights of Ekowarehouse.com or any of its affiliates, licensors, partners or Members.
 

5.9       Ekowarehouse.com reserves the right to take whatever action it deems necessary to prevent a Buyer's breach of Clause 5.3 including the following:

a)

issue a warning letter via email to the relevant Buyer (where the breaches are deemed by Ekowarehouse.com to be minor); or  

b)

ban the relevant Buyer from the Site (where the breaches are deemed by Ekowarehouse.com to be major). 

All incidents will be logged and Ekowarehouse.com's decision shall be final in all such cases. 

5.10     All information and/or other content posted on the Site by the Ekowarehouse.com service team or by Members or third party partners is supplied for information purposes only and shall not under any circumstances be construed as legal and/or business advice or a legal opinion. Members are encouraged to seek independent professional advice in such situations.

  1. LIMITATION OF LIABILITY

6.1       TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND EKOWAREHOUSE.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. 

6.2       TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKOWAREHOUSE.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. 

6.3       Any material downloaded or otherwise obtained through the use of the Service is done at each Buyer's sole discretion and risk and each Buyer is solely responsible for any damage to its computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any Buyer from Ekowarehouse.com, or through or from the Service, shall create any warranty not expressly stated in this Agreement. 

6.4       The Site may make available to Users services or products provided by independent third parties from time to time. No warranty or representation is made with regard to such services or products. In no event shall Ekowarehouse.com and its affiliates be held liable for any such services or products.

6.5       Under no circumstances shall Ekowarehouse.com be held liable for a delay or failure or disruption of the Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, acts of cyber warfare, acts of cyber terrorism, 

governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

6.6       Ekowarehouse.com shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:

a)

the use or the inability to use the Service;

b)

any defect in goods, samples, data, information or services purchased or obtained from a Buyer or a third-party service provider through the Site;

c)

unauthorized access by third parties to data or private information of any Buyer;

d)

statements or conduct of any user of the Site; or

e)

any other matter relating to the Service however arising, including negligence.

6.7       Notwithstanding any of the foregoing provisions, the aggregate liability of Ekowarehouse.com, its employees, agents, affiliates, representatives or anyone acting on its behalf with respect to each Buyer for all claims arising from the use of the Service or the Site shall be limited to USD 50. The preceding sentence shall not preclude the requirement by the Buyer to prove actual damages. All claims arising from the use of the Service must be filed within either one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Agreement.

  1.     7. INTELLECTUAL PROPERTY RIGHTS

7.1       Ekowarehouse.com is the sole owner or lawful licensee of all the rights to the Service. The Service embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Service shall remain with Ekowarehouse.com or its affiliates. All rights not otherwise claimed under this Agreement or by Ekowarehouse.com are hereby reserved.

7.2       "EKOWAREHOUSE", "EKOWAREHOUSE.COM," "GREENSCREEN" and related icons and logos are registered trademarks or trademarks or service marks of Ekowarehouse Limited in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

  1.    8. GENERAL

8.1       This Agreement and the Terms of Use constitute the entire agreement between the Buyer and Ekowarehouse.com with respect to and governing the use of the Service, superseding any prior written or oral agreements in relation to the same subject matter herein. 

8.2       Ekowarehouse.com and the Buyer are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

8.3      If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

8.4       Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

8.5       Ekowarehouse.com's failure to enforce any right or failure to act with respect to any breach by a Buyer under this Agreement will not waive that right nor waive Ekowarehouse.com's right to act with respect with subsequent or similar breaches.

8.6       Ekowarehouse.com shall have the right to assign this Agreement (including all of its rights, titles, benefits, interests, and obligations and duties in this Agreement) to any person or entity (including any affiliates of Ekowarehouse.com). The Buyer may not assign, in whole or part, this Agreement to any person or entity.

8.7       THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION (“HONG KONG SAR”) AND THE PARTIES TO THIS AGREEMENT HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE HONG KONG SAR COURTS WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS.

8.8       If there is any conflict between the English version and another language version of this Agreement, the English version shall prevail.

  1.     9. PAYMENTS & MEMBERSHIPS

9.1 A Buyer's request through this Website for the provision of the Service constitutes an offer by the Buyer to use and/or purchase the Service in accordance with this Agreement and with the Website Terms of Use ("Terms").

9.2 The Buyer's request shall only be deemed to be accepted when Ekowarehouse.com has issued a Confirmation by email for FREE Buyer users and when Ekowarehouse.com has received cleared payment in full of the relevant "Unlimited Messaging Fees" for PAID Buyers at which point and on which date the Agreement between us shall come into existence ("Commencement Date").

9.3 These Terms apply to the Agreement to the exclusion of any other terms that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

9.4 Subject to the Buyer paying for the Unlimited Messaging Fees, Ekowarehouse.com hereby grants to the Buyer a non-exclusive, non-transferable, non-assignable, non-sub-licensable right to permit the User to use the Service during the 12-month time period (“Membership Term”) solely for the Buyer's normal business purposes.

9.5    The Buyer undertakes that:

9.5.1    it will not allow or suffer any password or user's email address to be used by more than one person or “Authorized User”;

9.5.2   each Authorized User shall keep secure and confidential his password and email address for his use of the Service;

9.5.3   immediately notify Ekowarehouse.com if any Authorized User is no longer to be permitted access to the Service;

9.5.4    it will not allow access to the Service through a single user name and password being made available to multiple users on a network;

9.5.4    it shall notify Ekowarehouse.com immediately if it believes there has been any breach of security (such as the disclosure, theft or unauthorized use of any user name or password);

9.5.5    it shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Service;

9.5.6    it will comply with the Site’s TERMS OF USE, DISCLAIMER and PRIVACY POLICY and ensure that each Authorized User also complies with such terms;

 9.6  Ekowarehouse.com reserves the right to access and monitor password-protected information, including any information concerning activities in relation to this Agreement order to fulfill its obligations under these Terms, to protect or comply with its legal rights and obligations and for other purposes as set out in our Site’s PRIVACY POLICY or otherwise notified to you.

9.7  Ekowarehouse.com shall, during the Membership Term, provide the Service to the Buyer subject to these Terms. Service plan details and pricing are subject to change at any time including but not limited to changes in how we accept payment from you, changes in relevant laws and regulatory requirements, changes in the Service’s exact service offering. 

9.8    Ekowarehouse.com shall use reasonable endeavors to make the Buyer Benefits which are accessed via the Site available 24 hours a day, seven days a week, except for when there is planned maintenance or unscheduled urgent maintenance.

9.9  The Buyer shall ensure that they make use of the Service and the Site in accordance with this Agreement and these Terms and shall be responsible for any breach of this Agreement or these Terms.

9.10   The Buyer shall pay the Unlimited Messaging Fees to Ekowarehouse.com in accordance with the price listed here as United States Dollar (USD) 50 for a one year (12-month) period.

9.11  On registering for the Service in respect of the Membership Term the Buyer shall pay the relevant Unlimited Messaging Fees by credit card through Ekowarehouse.com’s online payment gateway;

9.12  The Contract shall commence on the Commencement Date and shall continue for the  Membership Term and, thereafter, this agreement shall be automatically renewed for successive periods of 12 months (each a "Renewal Period") Ekowarehouse.com shall notify the Buyer in writing by email at least 30 days prior to each anniversary of the Commencement Date for the Membership Fees payable in respect of the next Renewal Period.

9.13 If the Buyer terminates the Contract, Ekowarehouse.com shall not be obliged to refund any part of the Fees already paid by the Buyer to us.