I'm A Supplier I'm A Buyer Log In

Supplier Membership Agreement

EKOWAREHOUSE SUPPLIER MEMBERSHIP AGREEMENT

1.0    ACCEPTANCE OF TERMS

1.1       The following sets forth the terms and conditions of the Ekowarehouse.com Jade Supplier Plan 1 Year Membership AND Emerald Supplier Plan 1 Year Membership  (for Free Trial Membership please review Clause 10) (the "Service") Agreement (this "Agreement") between you (“Supplier”) and Ekowarehouse Limited company ("Ekowarehouse.com") under which Ekowarehouse.com offers you access to the Service through the website identified as www.Ekowarehouse.com (“Site") to connect with other Buyer and Supplier users (“Members"). 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"). The Ekowarehouse.com Supplier Membership 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.

2.0 THE SERVICE

 2.1      The Service will be offered for a specified time period of one year from date of successful registration unless terminated in accordance with the terms of this Agreement.

2.2       The Service will have the following core features ("Supplier 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 Supplier to display and edit basic information about its business, such as year and place of establishment, general description of products and services offered, etc.

b)

Products: allows each Supplier to display and edit descriptions, specifications and images of at least 100 products for Jade Supplier Plans and unlimited products for Emerald Supplier Plans.

c)

Messaging: allows each Supplier to respond to buyer message enquiries.

 2.3      Ekowarehouse.com may suspend or terminate all or part of the above Supplier 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 Supplier 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 Supplier is conditional on verification of the Supplier’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 Supplier ID (usually the email address of the Supplier account holder) and Password (the latter shall be chosen by the Supplier during registration) to each Supplier to access the Service through such Supplier's Account. Each Supplier shall be solely responsible for maintaining the confidentiality of its Supplier ID and Password and for all activities that occur under the Supplier ID and Password. A set of Supplier ID and Password is unique to a single Account and no Supplier shall share, assign or permit the use of its Account, Supplier ID or Password to another person outside of the Supplier's business entity. Each Supplier 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 Supplier 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 Supplier hereby undertakes to notify Ekowarehouse.com immediately of any unauthorized use of its Account, Supplier ID or Password or any other breach of security. Each Supplier hereby agrees that Ekowarehouse.com shall not be liable for any loss or damages arising from the Supplier'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 Supplier acknowledges that inability to use the Service wholly or partially for whatever reason may have adverse effects on its business. Each Supplier hereby agrees that in no event shall Ekowarehouse.com be liable to the Supplier 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.

3.0  SUPPLIER RESPONSIBILITIES

3.1       Each Supplier 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 Supplier 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 Supplier 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 Supplier hereby represents, warrants and agrees that the use by such Supplier 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 Supplier shall attempt to gain unauthorized access to such computer systems or networks;

m)

link directly or indirectly to or include descriptions of goods or services 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/buyers 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 suppliers/buyers.


3.3       Each Supplier 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 Supplier'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 Supplier. Each Supplier further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Supplier's consent to be obtained before third parties may contact the business referees. 

3.4       Supplier 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 Supplier IDs or through third parties or by leaving unsubstantiated negative feedback for another Supplier.

3.5       Each Supplier 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 Supplier. Each Supplier 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 Supplier 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 Supplier 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 Supplier 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 Supplier is in breach of such representations, warranties and covenants, or if upon complaint or claim from any other Supplier or third party, Ekowarehouse.com has reasonable grounds to believe that such Supplier has willfully or materially failed to perform its contract with such third party including without limitation where the Supplier has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the Supplier has delivered the items that materially fail to meet the terms and descriptions outlined in its contract with such third party, or if Ekowarehouse.com has reasonable grounds to believe that such Supplier 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 Supplier Benefits immediately with respect to such Supplier 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 it sole discretion to place restrictions on the number of product listings that a Supplier 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 Supplier'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 Supplier 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 Supplier as Ekowarehouse.com deems appropriate in its sole discretion.

3.8       Each Supplier 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 Supplier's use of the Service or from such Supplier's breach of this Agreement or the Terms of Use. Each Supplier further agrees that Ekowarehouse.com is not responsible, and shall have no liability to it or anyone else for any material posted by such Supplier 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 Supplier. 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 Supplier, in which event the Supplier shall cooperate with Ekowarehouse.com in asserting any available defenses.

4.0 TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS

4.1       Through the Sites, Ekowarehouse.com provides an electronic web-based platform for exchanging information and conducting online business communication dealings regarding a Supplier’s 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 suppliers 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 Sites. Ekowarehouse works hard to verify the basic identity of Supplier users and does so to the best of our abilities. However, because user verification on the Internet is difficult, Ekowarehouse.com cannot and does not guarantee each Supplier's purported identity as shown on the Site and can only use reasonable efforts to verify the personal & corporate identity of the Supplier. 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 Supplier 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, mis-representation 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 Supplier 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.

5.0 USE OF CONTENT ON THE SITE

5.1       Each Supplier 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 Supplier from whom the content originated. This means that the posting Supplier, 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 Supplier 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 Supplier. Each Supplier agrees to evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness. Each Supplier understands that by using the Ekowarehouse.com Site, such Supplier may be exposed to content that is offensive, indecent or objectionable.
 

5.3       Without prejudice to each Supplier's responsibilities under Clause 3 of this Agreement, each Supplier 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 Supplier 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.

5.5        Each Supplier grants to Ekowarehouse.com a perpetual, world-wide, royalty-free irrevocable, non-exclusive license (including the right to sub-license through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any graphics (in whole or part) such Supplier uploaded, posted or supplied to Ekowarehouse.com and/or to incorporate such graphics in other works in any form, media or technology now known or developed.

5.7       Each Supplier 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 Supplier uploaded, posted or e-mailed on or through the Site, or such Supplier'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 Supplier's breach of Clause 5.3 including the following:

a)

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

b)

ban the relevant Supplier 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.

6.0 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 Supplier's sole discretion and risk and each Supplier 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 Supplier 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 cyber warfare, acts of cyber terrorism, Acts of God, war, 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 Supplier or a third-party service provider through the Site;

c)

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

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 Supplier 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 Supplier 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.

7.0 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," "EKOWAREHOUSE.IN," "EKOWAREHOUSE.CO.UK," "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.

8.0 GENERAL

8.1       This Agreement and the Terms of Use constitute the entire agreement between the Supplier 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 Supplier 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 Supplier 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 Supplier 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.

9.0 PAYMENTS & MEMBERSHIPS

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

  1. 2 The Supplier's request shall only be deemed to be accepted when Ekowarehouse.com has issued a Confirmation by email and Ekowarehouse.com has received cleared payment in full of the relevant "Membership Fees" 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 Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

9.4    Subject to the Supplier paying the Membership Fees, Ekowarehouse.com hereby grants to the Supplier a non-exclusive, non-transferable, non-assignable, non-sub-licensable right to permit the Authorized Users to use the Service during the Membership term solely for the Supplier's normal business purposes.

9.5    The Supplier 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 unauthorised use of any user name or password);

9.5.5    it shall use all reasonable endeavours to prevent any unauthorised 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;

9.5.7    It is a B2B supplier of certified organic and/or ecolabel products, as defined by having one of the certifications listed here, and acknowledges that this is a material term of the contract.

9.6  Ekowarehouse.com reserves the right to access and monitor password-protected information, including any information concerning activities in relation to a Membership in 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 Supplier subject to these Terms. The full details of the Service can be reviewed here. 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 how Ekowarehouse.com deals with Content and Changes in the Service’s exact service offering. 

9.8    Ekowarehouse.com shall use reasonable endeavors to make those Membership 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 Supplier shall ensure that each Authorized User makes use of the Service and the Site in accordance with this Agreement and these Terms and shall be responsible for any Authorized User's breach of this Agreement or these Terms.

9.10   The Supplier shall pay the Membership Fees to Ekowarehouse.com in accordance with the price of the Service as given here, which is subject to change at any time.

9.11  On registering for the Service in respect of the Membership Term the Supplier shall pay the relevant Membership 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 Supplier 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 Supplier terminates the Contract Ekowarehouse shall not be obliged to refund any part of the Membership Fees already paid by the Supplier to us.

10.0 FREE TRIAL MEMBERSHIPS

10.1 Free trial memberships are provided at Ekowarehouse discretion for the specified amount of time as confirmed in the Supplier’s free trial offer email message.

10.2 Free trials require no payments or fees from the Supplier to the Site.

10.3 Suppliers are under no obligation to continue their membership beyond the period specified in the free trial offer.

10.4 Suppliers who accept a free trial membership are not required to provide any payment information.

10.5 Suppliers who accept a free trial membership are subject to abide by the terms of clauses 1 through 8 inclusive of this Agreement.