If you are an eCosway Business Owner or a Registered eCosway Shopper, you have additional terms and conditions as set forth in the Business Owner Agreement or the Shopping Terms and Conditions, whichever is applicable to you.
The eCosway Website is published by eCosway as a service to eCosway Business Owners, Shoppers, and other permitted visitors to the site. The site is a business and commercial site. Using the site constitutes a legal contractual relationship between the user and eCosway and is therefore not intended for any person or entity who is either under the age of majority or has no legal capacity in their respective countries to independently enter into a contract. eCosway makes no claims that the content and information posted on its site is appropriate or permissible or may be legally downloaded in the country in which you reside. Access to the materials on eCosway Website may not be permitted in certain countries. You are solely responsible for the compliance with the laws in your country of residence before using the site.
eCosway does not allow the use, for any purpose (save and except where expressly permitted) of its trade names, trademarks, service names, service marks, product names, product marks, URLs, website addresses, logos, designs or symbols by any person, including eCosway Business Owners or Shoppers, without its prior written permission. This prohibition does not apply to Business Owners using eCosway's official material according to eCosway's official guidelines.
You are not allowed to record or produce for the purpose of sale or distribution of any eCosway events or speeches without written permission from eCosway, nor shall you copy, edit or reproduce for sale or for personal use any recording, audio or video tape presentations produced or provided by eCosway.
Disclaimer of Warranties
Business Owners, Shoppers and visitors to the eCosway Website and other third party websites linked to its site shall visit or use these sites solely at their own risk. eCosway does not warrant that the service provided will be accessible at all times, uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the contents, dissemination of news, information and other materials. eCosway shall not be responsible for either the availability or the contents of other third party websites that may be linked to it.
eCosway assumes no responsibility for the deletion of stored email messages.
Although eCosway will take reasonable steps to prevent the introduction of viruses and other destructive elements to its Website, it does not guarantee or warrant that its site is free from any destructive elements including but not limited to computer viruses, hackers, or other technical sabotage. eCosway also does not warrant that any contents downloaded from its site and other third party sites linked to it will be error-free.
The Company shall not be responsible or liable for any damage that may be caused to your computer attributable to such download from its site or third party sites linked to it.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN ALL eCOSWAY SITES, INCLUDING BUT NOT LIMITED TO GRAPHICS, LINKS AND OTHER ITEMS, ARE BEING PROVIDED TO YOU ON THE BASIS OF "AS IS AND WHERE IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OR GUARANTEE. eCOSWAY DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION OR MATERIALS, AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION AND MATERIALS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, eCOSWAY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL eCOSWAY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED ORDERS, LOST PROFITS, LOST REGISTRATION, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (1) USE OF THE COMPANY'S SITES, OR THE INABILITY TO USE SUCH SITES BY ANY PARTY; OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPPTION, DEFECT, DELAYED OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM FAILURE OR THE INTRODUCTION OF A VIRUS, OR OTHER TECHNICAL SABOTAGE, EVEN IF eCOSWAY, ITS EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
Business Owners and Shoppers hereby acknowledge that the aforesaid disclaimer shall apply to all web content, merchandise and services available at eCosway Shopping Mall.
Where certain jurisdictions do not allow the exclusion or limitation of such liability, the liability, if any, in such jurisdictions shall be limited to the extent permitted by law.
Public postings are subject to review, modification and deletion by eCosway without prior notice. Although eCosway reserves the right to block or delete public postings and/or unsolicited emails that otherwise violate this Agreement, it is not eCosway's obligation or responsibility to do so.
Links to Other Sites
eCosway's Website may contain links to numerous other sites, including but not limited to Supplier sites and sites providing other merchandise, which are owned and operated by third parties. A link to a non-eCosway Website does not mean that eCosway endorses or accepts any responsibility for the contents, its use or the products and services made available through such sites. By utilizing such links, if any, you acknowledge and agree that eCosway shall not be responsible or liable in any way whatsoever for the actions, content, access, privacy policies, opinions expressed, representations given, services provided, merchandise offered for sale or other links provided at such sites.
You acknowledge that the eCosway Websites contain information, data, photographs, graphs, software, videos, text, typefaces, graphics, designs, music, sound, and other material (collectively "Intellectual Property") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, technologies existing now or hereafter developed.
The eCosway Website and any portion therein that has Intellectual Contents is copyrighted as a collective work under the law of the Government of the Hong Kong Special Administrative Region and other international copyright laws. The Company owns the copyright to the selection, coordination, arrangement and enhancement of such Intellectual Content. The eCosway name and logos are trademarks of eCosway. All other trademarks appearing at eCosway sites not belonging to eCosway are the trademarks of their respective owners.
You shall not modify, remove, delete, augment, add to, publish, transmit, participate in transfer or sale of, create derivative works from, distribute, perform, display, or in any way exploit any of the Intellectual Content or the sites, in whole or in part.
If no specific restrictions are displayed, you are granted permission, to the extent necessary in order to lawfully access and use the sites, to display, download, archive, and to print in hard copy, portions of the sites for your personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
The Company's Rights
The Company cannot and does not screen the contents of Business Owners' web sites and does not assume any obligation to do so. However, each Business Owner hereby agrees that the Company may monitor his or her web site and its contents periodically.
The Company reserves the right, at its sole and absolute discretion, to deactivate, without notice and without refund of any fees paid by any Business Owner or Registered Shopper who violates the Business Owner Agreement or Shopping Terms and Conditions or any unlawful use of his or her websites.
The Company has the right to electronically monitor Business Owners' websites. The Company may disclose any of the content, records, or electronic communication contained in the sites where necessary, (i) to satisfy any law, regulation, or official request from any government authorities; (ii) if such disclosure is reasonable or appropriate to operate this web site; or (iii) to protect the rights and property of the Company, its Users, Sponsors, Providers, Licensors or Merchants.
The Company is not responsible for screening, policing, editing, or monitoring of the content of Business Owners' websites. However the Company may investigate allegations of copyright infringement, defamatory, damaging, illegal or offensive content or materials of Business Owners' websites and determine at its sole discretion to remove or request the removal of such content from the Business Owners' websites.
The Company reserves the right to prohibit, edit or remove content that it deems to be harmful to other individuals or entities.
You acknowledge that all contents, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such contents originated. This means that you are entirely responsible for all contents that you post, email or otherwise transmit via the eCosway service. eCosway does not control any of the content posted via the eCosway service and, as such, does not guarantee or warrant the accuracy, integrity or quality of such contents. You understand that by using the eCosway service, you may be exposed to contents that are offensive, indecent, or objectionable. Under no circumstances will eCosway be liable in any way for any content, including but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the eCosway service.
Any conduct by Business Owners or Shoppers that, in the Company's opinion, restricts or inhibits other Business Owners and Shoppers from using or enjoying eCosway facilities will strictly be prohibited. Business Owners and Shoppers agree to use eCosway facilities only for lawful purposes. Business Owners and Shoppers are prohibited from posting on or transmitting through the eCosway services any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material, including but not limited to, any material that encourages conduct that would be of a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, territorial, national, or international law.
You agree that you will not use the eCosway services to:
- upload, post, email or otherwise transmit 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;
- harm any minor in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the eCosway services or servers or networks connected to the eCosway services, or disobey any requirements, procedures, policies or regulations of networks connected to the eCosway services;
- intentionally or unintentionally violate any applicable local, state, provincial, territorial, national or international law, or any regulations having the force of law; or
- collect or store personal data about other users, Business Owners or Registered Shoppers.
Advertising & Anti-Spam Policy
eCosway shall immediately terminate your Business Owner Agreement or your participation as a Registered Shopper and bar your access to eCosway Website if it suspects that you have carried out or are otherwise connected with any spamming or have been transmitting unsolicited bulk emails.
Any notice given by either party must be in writing and will be deemed duly served if delivered by email notification to the Business Owner's or Registered Shopper's official email address as allocated by the Company or provided by the Business Owner or Registered Shopper.