Ecorigem Terms & Conditions

Ecorigem Marketplace Platform – Terms of Use

Last Revised: January 7, 2020

Ecorigem Ltd. (“Ecorigem”, “we”, “us”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our eco-friendly marketplace at https://www.ecorigem.com/, in which Users may buy and sell eco-friendly products. You may use the Platform in accordance with the terms and conditions hereunder.

1.    Acceptance of the Terms.

By entering to, connecting to, accessing or using the Platform you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at https://www.ecorigem.com/ecorigem-privacy-policy/ (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Platform. You acknowledge that these terms constitute a binding and enforceable legal contract between Ecorigem and you.

By accepting these Terms, you represent that any and all information you provide through the Platform, is true and accurate. Any false, fraudulent or misleading information is strictly prohibited.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE OUR PLATFORM.

The Platform is available only to individuals who (a) are at least sixteen (16) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms. Therefore, you hereby represent that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Platform in accordance with these Terms, and to fully perform your obligations hereunder. If you are between the ages of sixteen (16) and eighteen (18), you represent that your legal guardian has reviewed and agreed to these Terms. Please note that we reserve the right to request proof of age at any stage so that we can verify that minors under the age of sixteen (16) are not using the Platform. In the event that it comes to our knowledge that a person under the age of sixteen (16) is using the Platform, we may block such User from accessing the Platform.

2.    Our Platform.

You may sell or purchase eco-friendly products (the “Products“) on our Platform. A list of Products that may be sold on the Platform is available on https://www.ecorigem.com/about-ecorigem-marketplace/

Individuals or entities who were authorized by us to sell their Products on the Platform (“Sellers”), may import their existing online stores into the Platform (such as Etsy, Ebay, Amazon), or create their own store in our Platform. The Company will be entitled to a certain commission for the sales of Products by the Sellers via the Platform. Information concerning the Company’s commission shall be detailed in the set-up of the Seller’s Account (as defined below).

Without derogating from other provisions of these Terms, Seller must:

·       Not offer for sale on the platform any prohibited products, as listed in https://www.ecorigem.com/prohibited-business-categories/.

·       Fully own, or otherwise have all rights to sell the Products to Customers. For the avoidance of doubt, the sale of stolen, confiscated or other goods to which third parties’ have claims are strictly prohibited.

·       Obtain all permits or authorizations that may be required for the sale of the Products.

·       Ensure that the Products are safe, secure and are in full compliance with applicable law.

·       Provide Customers with all important information concerning their Products, including, without limitation, prices, payment method, guarantees (if any), refunds and returns, and terms of delivery (“Seller Product T&Cs”). Ecorigem reserves the right to provide the Seller instructions concerning the Seller Product T&Cs from time to time. In such event, the Seller Product T&C’s will be adjusted by the Seller to comply with Ecorigem’s instructions.

·       Not attempt to charge for Products that were sold to a Customer on the Platform with payment methods that are not made available on the Platform.

·       Avoid any acts or omissions that may affect the trust of the Customers or other Users of the Platform.

·       not discriminate any Customer on any basis.

Users who wish to buy Products from Sellers via our Platform (“Customers“) may order the Products on the Platform. Customers must bear in mind the following:

·       Product prices will appear next to each purchasable Product (item) in the Seller’s page. The Seller of any taxes and other costs that may be associated with your purchase or the delivery of the Products will advise you. 

·       Products prices are set by their Sellers, and may be changed from time to time.

·       The Sellers, or delivery companies on their behalf will deliver products offered by Sellers.

·       A Seller offers his/her Products under the applicable Seller Product T&Cs, which will include important information such as: information concerning their Products, prices, payment method, guarantees (if any), refund and return policies, terms of delivery, etc.

·       Payments must be performed via the Platform, with the use of a third party online payment processor.

In the event Ecorigem directly offers any of its Products for sale on the Platform (the ”Ecorigem Product(s)”), it will provide you with important information concerning the Ecorigem Products, including, without limitation, prices, payment method, guarantees (if any), refunds and returns, and terms of delivery (“Ecorigem Product T&Cs”). 

The Platform may include information regarding Ecorigem and its services, news regarding the Ecorigem, job opportunities, videos, texts, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform (the “Content”).

IMPORTANT TERMS FOR ALL TYPES OF USERS:

SELLER PRODUCTS. 

ECORIGEM DOES NOT IN ANY WAY ENDORSE ANY PRODUCT PROVIDED BY THE SELLERS AND IS NOT AFFILIATED WITH ANY OF THE SELLERS.

ECORIGEM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE PRODUCTS THAT MAY BE OFFERED ON THE PLATFORM.BY SELLERS (INCLUDING THOSE PERTAINING TO QUALITY, SAFETY, SUITABILITY OR LEGALITY).

THE SELLERS (NOT ECORIGEM) ARE RESPONSIBLE FOR ANY PRODUCTS SOLD BY THEM TO CUSTOMERS VIA THE PLATFORM, AS WELL AS FOR THE DELIVERY OF SUCH PARODUCTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS CONCERNING THESE PRODUCTS. THE CUSTOMER HEREBY RELEASES THE COMPANY FROM ANY CLAIMS AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES, CLAIMS, LIABILITIES, COSTS, HARM, INCONVENIENCES, BUSINESS DISRUPTIONS OR EXPENDITURES OF ANY KIND THAT MAY ARISE AS A RESULT OF OR IN CONNECTION WITH ANY OF THE SELLERS’ PRODUCTS. ANY LEGAL CLAIM RELATED TO A PRODUCT PURCHASED VIA THE PLATFORM MUST BE BROUGHT DIRECTLY AGAINST THE SELLER OF THE PRODUCT.

SELLER-CUSTOMER DISPUTES. YOU UNDERSTAND AND AGREE THAT ECORIGEM IS UNDER NO OBLIGATION TO BECOME INVOLVED IN DISPUTES BETWEEN SELLERS AND CUSTOMERS. HOWEVER, ECORIGEM MAY, AT ITS SOLE DISCRETION, PROVIDE INSTRUCTIONS TO SELLERS OR CUSTOMERS FOR THE PURPOSE OF RESOLVING DISPUTED MATTERS ON AN AMICABLE BASIS, OR ENFORCE THESE TERMS AGAINST A SELLER/CUSTOMER WHO FAILED TO ACT IN ACCORDANCE WITH THESE TERMS. YOU HEREBY RELEASE ECORIGEM AND ECORIGEM’S REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND OR NATURE, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES.

PAYMENT TO BE MADE ON THE PLATFORM. PAYMENTS MUST BE MADE VIA THE PLATFORM, WITH THE USE OF A THIRD PARTY ONLINE PAYMENT PROCESSOR THAT IS LISTED ON THE PLATFORM. IN CASE YOU HAVE BEEN ASKED TO USE AN ALTERNATIVE PAYMENT METHOD, PLEASE REPORT IT TO US IMMEDIATELY.

SUSPENTION OR TERMINATION OF ACCOUNT. AT OUR DISCRETION, WE RESERVE THE RIGHT TO BLOCK OR SUSPEND, WITHOUT NOTICE, ANY SELLER OR ANY CUSTOMER WHO ACTED NOT IN ACCORDANCE WITH THE TERMS, ANY RULES OF CONDUCT PUBLISHED ON OUR PLATFORM AND/OR IN AN ILLEGAL, FRAUDULENT, OR IMMORAL MANNER.    FOR EXAMPLE, IF WE RECEIVE COMPLAINTS REGARDING A SELLER WHO (A) OFFERS NON-ECO FRIENDLY PRODUCTS ON THE PLATFORM; (B) FAILS TO DELIVER ITS PRODUCTS; (C) DOES NOT ACT IN ACCORDANCE WITH ITS OWN SUPPLIER PRODUCT T&CS, WE MAY IMMEDIATELY DELETE THE SELLER’S ACCOUNT.   THE COMPANY SHALL, AT ITS SOLE DISCRETION, DECIDE WHETHER TO RESTORE SUSPENDED OR BLOCKED ACCOUNTS, TAKING INTO CONSIDERATION, INTER ALIA, OUR REPUTATION OR THE REPUTATION OF THE PLATFORM.   THIS SANCTION DOES NOT LIMIT ANY REMEDIES THAT MAY BE AVAILABLE TO ECORIGEM OR TO CUSTOMERS BY LAW.  

PREVENTION OF FRAUD.  WE RESERVE THE RIGHT TO CANCEL ORDERS OR PLACE FUNDS ON HOLD FOR ANY SUSPECTED FRAUDULENT TRANSACTIONS MADE THROUGH OUR PLATFORM.

PROHIBITED CONTENT. WHETHER YOU ARE A SELLER OR A CUSTOMER, YOU HEREBY AGREE THAT YOU WILL NOT POST OR UPLOAD, PUBLISH OR TRANSMIT ANY INFORMATION OR MEDIA CONTAINING UNLAWFUL, DEFAMATORY, LIBELOUS, OFFENSIVE, OBSCENE, PORNOGRAPHIC, INDECENT, HARASSING, THREATENING, ABUSIVE, FRAUDULENT OR OTHERWISE INAPPROPRIATE CONTENT ( THE “PROHIBITED CONTENT“). PLEASE CONTACT OUR MISCONDUCT AGENT OR OUR COPYRIGHT AGENT (FOR MORE INFORMATION SEE BELOW) IN THE EVENT YOU ENCOUNTER PROHIBITED CONTENT. THE USER HEREBY WAIVES HIS/HER RIGHTS OR REMEDIES AGAINST ECORIGEM IN REGARD TO PROHIBITED CONTENT.

AS-IS BASIS. TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM, CONTENT AVAILABLE THEREIN AND ANY SELLER PRODUCT T&CS ARE PROVIDED ON AN “AS IS” BASIS. ECORIGEM WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, THE CONTENT AND/OR ANY INFORMATION OR COMMITMENTS FURNISHED BY THE SELLERS TO CUSTOMERS (INCLUDING IN THE SELLER PRODUCT T&CS).  YOUR USE OF THE FOREGOING IS ENTIRELY AT YOUR OWN RISK.

LACK OF AVAILABILITY. THE PLATFORM’S AVAILABILITY AND FUNCTIONALITY DEPEND ON VARIOUS FACTORS, SUCH AS COMMUNICATION NETWORKS. ECORIGEM DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM WILL OPERATE AND/OR BE AVAILABLE AT ALL TIMES WITHOUT DISRUPTION OR INTERRUPTION, OR THAT IT WILL BE ERROR-FREE.

3.    User Account.

Users who wish to enjoy the full scope of the services offered by our Platform must register and create an account (“Account”). Registration can be done by completing the registration form in the Platform. You may also register with one of your existing third party accounts (e.g. Facebook, Google+), as further detailed in the Privacy Policy.

You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your Personal Information (as such term is defined in our Privacy Policy) you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate.

You are solely and fully responsible for maintaining the confidentiality of the password and Account and for all activities that occur under your Account. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events you must change your password immediately.

You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Ecorigem.

We will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information s/he has obtained from you or by your violation of these Terms, or for any unauthorized use of your Account or any other breach of security.

If you wish to either change your user name or password to log-in, or cancel and remove your Account, you may use the setting menu or you can send us an e-mail of your request to: [EMAIL]. Your Account will terminate within reasonable time following your request to terminate your Account.

IMPORTANT: YOUR ACCOUNT MAY BE CANCELLED OR SUSPENDED IN CERTAIN CERCUMSTANCES, AS CLARIFIED IN SECTION 2 ABOVE.

CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US OR OTHER INFORMATION THAT WAS ADDED BY USERS (E.G. COMMENTS OR REVIEWS) IN CONNECTION THEREWITH. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

4.    Online Payment Processors

Payments will be processed via certain online payment service providers listed in the platform (“Online Payment Processors“). We may add or change the Online Payment Processors in our sole discretion. The Online Payment Processors enable you to send payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractor and have no employment or agency relationship with Ecorigem. Ecorigem is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.

5.    Use Restrictions.

There are certain conducts, which are strictly prohibited when using the Platform. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result (at Ecorigem’s sole discretion) in the termination of your Account and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Ecorigem, you may not (and you may not permit anyone to): (a) use the Platform and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Platform any restrictions and signs indicating proprietary rights of Ecorigem or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Platform or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Platform; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our Platform’s infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Platform; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Ecorigem on or through the Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Ecorigem ‘s proprietary rights, including Ecorigem ‘s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without Ecorigem’s prior written consent; (l) create a browser or border environment around Ecorigem Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Platform and/or the Content; (n) frame or mirror any part of the Platform without Ecorigem’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content; (p) transmit or otherwise make available in connection with the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Platform for any purpose for which it is not intended; and/or (r) breach and/or violate any of the Terms.

6.    Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Platform. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at [LINK] which is incorporated herein by reference. You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy. If you intend to connect to, access or use the Platform you must first read and agree to the Privacy Policy.

7.    Trademarks and Trade names

“Ecorigem” and all logos and other proprietary identifiers used by Ecorigem in connection with our Platform (“Ecorigem Trademarks”) are all trademarks and/or trade names of Ecorigem, whether or not registered. All other trademarks, service marks, trade names and logos, which may appear in the Platform, belong to their respective owners (“Third Party Marks”). No right, license, or interest to Ecorigem Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Ecorigem Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.

8.    Intellectual Property Rights

The Platform, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials, domain names and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable patent, copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.

The Terms do not convey to you an interest in or to the Company Intellectual Property but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.

To the extent you provide any feedbacks, comments or suggestions to Ecorigem (“Feedback”), Ecorigem shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any Ecorigem current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential.

Further, you warrant that your Feedback is not subject to any license terms that would purport to require Ecorigem to comply with any additional obligations with respect to any Ecorigem current or future products, technologies or services that incorporate any Feedback.

9.    Misconduct and Copyright Agent

We care for your safety. If you believe a User acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, please report immediately such person to the appropriate authorities and to our Misconduct Agent at the e-mail address: [EMAIL].

 

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information in writing to our Copyright Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at the e-mail address: [EMAIL]. 

Please note that any person who knowingly materially misrepresents under this Section (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.

We will respond to clear notices under this Section. Please be advised that we will remove or replace allegedly infringing content only in accordance with applicable law and that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

10.Linking to our Platform; Links to Third Party Sites

 

We welcome links to any page on our Platform. You are free to establish a hypertext link to the Platform so long as the link does not state or imply any connection or approval of your website, products and/or services by Ecorigem, and does not portray Ecorigem in a false or otherwise offensive manner. You may not link to our Platform from a site that you do not own or have permission to use. In the event that you link to Ecorigem’s Platform you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. However, we do not permit framing or inline linking.

 

Certain links provided herein permit our Users to leave this Platform and enter non-Ecorigem sites or services (including but not limited to Facebook’s “Share” and “Like” buttons available in our Platform, Twitter and Google+). Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of Ecorigem and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, Ecorigem is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Ecorigem reserves the right to terminate any link at any time. You further acknowledge and agree that Ecorigem shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

11.Changes to The Platform

Ecorigem reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Platform (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Platform may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Ecorigem shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Platform, or the Content included in therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

12.Disclaimer and Warranties

TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE PLATFORM AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND ECORIGEM, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “ECORIGEM’S REPRESENTATIVES“), DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS AGREEMENT CANNOT CHANGE.

WE DO NOT WARRANT (I) THAT THE USE AND OPERATION OF THE PLATFORM OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS, (II) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE PLATFORM, (III) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE PLATFORM AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE PLATFORM OR (INCLUDING THAT THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS). ECORIGEMAND ECORIGEM’S REPRESENTATIVES DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE PLATFORM, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND/OR INFORMATION DISPLAYED WITHIN THEM.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY PRODUCTS PROVIDED BY ANY PERSON OR ENTITY OTHER THAN ECORIGEM ITSELF (AS FURTHER CLARIFIED IN SECTION 2 ABOVE).

WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

YOU AGREE THAT USE OF THE PLATFORM AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

13.Limitation of Liability

TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL ECORIGEM, INCLUDING ECORIGEM’S REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE PLATFORM AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE PLATFORM AND/OR THE CONTENT AND/OR THE FAILURE OF THE PLATFORM TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF ECORIGEM TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ECORIGEMOR ECORIGEM’S REPRESENTATIVES BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ECORIGEM OR ECORIGEM’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, ECORIGEM AND ECORIGEM’S REPRESENTATIVES’ TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PLATFORM OR THE CONTENT OR ANY PRODUCTS SHALL BE LIMITED TO THE COMISSION ECORIGEM ACTUALLY RECEIVED FROM YOUR PRODUCT PURCHASE ON THE PLATFORM.

INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

14.Indemnification

You agree to defend, indemnify and hold harmless Ecorigem, including Ecorigem Representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use, misuse of, inability to use and/or activities in connection with the Platform and/or Content; (ii) your violation of any of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Platform; (v) your Prohibited Content; and (vi) for Sellers – any claims, including products liability claims, arising out of or related to Products of a Seller. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

Without derogating from the foregoing, we reserve the right to assume the exclusive defense and control of any matter, which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

15.Amendments to the Terms

Ecorigem may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Platform and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our Platform or sent via e-mail, whichever is the earlier. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Platform on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

16.Termination of Contractual Relations

Ecorigem may, at any time, at its sole discretion, cease the operation of the Platform or any part thereof, temporarily or permanently, delete any information or Content from the Platform or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that Ecorigem does not assume any responsibility with respect to, or in connection with the termination of the Platform’ operation and loss of any data.

These Terms bind you as long as you use the Platform, and unless the Company blocked your access.

Upon termination of these Terms, for any reason: (i) all rights granted to you hereunder will automatically terminate, (ii) you must immediately cease all use of the Platform, and (iii) the provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

17.General

 

(a) These Terms constitute the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the Platform or the use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the Platform will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Ecorigem may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM, TO PRODUCTS SOLD DIRECTLY BY ECORIGEM (IF ANY) AND/OR TO THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Ecorigem, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.

18.For information, questions or notification of errors, please contact:

In order to contact us via the Platform, you will need to fill out and complete the contact form, which requires, inter alia, your name, e-mail address and a message.

You may also send us an e-mail to support@ecorigem.com. Stay Green!

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