This Terms of
Use Agreement (the "Agreement")
describes the terms and conditions applicable to your use of the
Greentableware.com web site which is identified by the uniform resource locator
www.Greentableware.com (the"Site").
This Agreement is entered into between you as the user of the Site (the"
User")
and Greentableware.com Hong Kong Limited ("Greentableware.com").
1.
Application and Acceptance of Terms and Conditions.
1.1 For
purposes of this Agreement, a "User"
is any person who accesses the Site for whatever purpose, regardless of whether
said User has registered on the Site as a registered User or whether said User
is a paying customer for a specific service provided by Greentableware.com or
any of its affiliates. A User includes the person using this Site and any legal
entity which may be represented by such person under actual or apparent
authority.
1.2 By
accessing or using the Site, you hereby agree to accept the terms and conditions
set forth in this Agreement as a User. You shall be bound by the terms and
conditions of this Agreement with respect to your access or use of this Site and
any further upgrade, modification, addition or change to this Site. If you do
not accept all of the terms and conditions of this Agreement, please do not use
this Site.
1.3 This
Agreement applies to each Premium Service (as defined below) in addition to any
terms and conditions that may be applicable to such specific Premium Service
provided, however, that (a) in the event of any conflict or inconsistency
between any provision of the terms and conditions that may be applicable to such
Premium Service and any provision of this Agreement, such conflict or
inconsistency shall (except as otherwise expressly provided or agreed) be
resolved in a manner favorable to Greentableware.com and/or its affiliates; and
(b) only to the extent that such conflict or inconsistency cannot be so
resolved, the provisions of the terms and conditions applicable to such specific
Premium Service shall prevail.
1.4
Greentableware.com may amend this Agreement at any time by posting the amended
and restated Agreement on the Site. The amended and restated Agreement shall be
effective immediately upon posting. This Agreement was last amended on October
1, 2009. Posting by Greentableware.com of the amended and restated Agreement and
your continued use of the Site shall be deemed to be acceptance of the amended
terms. This Agreement may not otherwise be modified, except in writing by an
authorized officer of Greentableware.com.
2.
Premium Services.
2.1 Access to
the Site and certain of its features are provided to all Users free of charge.
However, Greentableware.com reserves the right, without prior notice, to
restrict access to certain areas or features of the Site ("Premium Services") to
paying Users or Users who undergo a specific registration process. Access to and
use of these Premium Services are governed by additional terms and conditions
under separate agreements in addition to this Agreement.
2.2 Features
and functions of any Premium Service may vary for different countries and
regions. No warranty for representation is given that a particular feature or
function or the same type and extent of features and functions will be
available.
2.3 Greentableware.com reserves the right to deny Premium Services to any User
for whatever reason in order to protect the interests of Greentableware.com.
3.
Users Generally.
3.1 Users may
use this Site solely for their own personal or internal purposes. Each User
agrees that it shall not copy, reproduce or download any information, text,
images, video clips, directories, files, databases or listings available on or
through the Site (the "Greentableware.com Content") for the purpose of
re-selling or re-distributing the Greentableware.com Content, mass mailing (via
emails, wireless text messages, physical mail or otherwise), operating a
business that competes with Greentableware.com, or otherwise commercially
exploiting the Greentableware.com Content. Systematic retrieval of
Greentableware.com Content from this Site to create or compile, directly or
indirectly, a collection, compilation, database or directory (whether through
robots, spiders, automatic devices or manual processes) without written
permission from Greentableware.com is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in this Agreement
is prohibited.
3.2 Some of the
Greentableware.com Content displayed on this Site is provided or posted by third
parties ("Third Party Content"). Greentableware.com is not the author of
Third-Party Content, whether contributed by anonymous users or paid content
providers. Any Third Party Content is the sole responsibility of the party who
provided the content. Greentableware.com is not responsible for the accuracy,
propriety, lawfulness or truthfulness of any Third Party Content, and shall not
be liable to any User in connection with such User's reliance of such Third
Party Content. In addition, Greentableware.com is not responsible for the
conduct of any User's activities on the Site, and shall not be liable to any
person in connection with any damage suffered by any person as a result of such
User's conduct.
3.3
Greentableware.com may allow Users access to content, products or services
offered by third parties through hyperlinks (in the form of word link, banners,
channels or otherwise) to such Third Party's web site. You are cautioned to read
such sites' terms and conditions and/or privacy policies before using such sites
in order to be aware of the terms and conditions of your use of such sites. User
acknowledges that Greentableware.com has no control over such third party's web
site, does not monitor such sites, and Greentableware.com shall not be
responsible or liable to anyone for such web site, or any content, products or
services made available on such a website.
3.4 Messages or
information sent by a User through communication systems provided by the Site,
or through emails, fax or letters to addressees obtained from the Site, shall
not contain any of the materials described in the provisions of Section 5.5
below.
3.5
Greentableware.com reserves the right to limit, deny or create different access
to the Site and its features with respect to different Users, or to change any
of the features or introduce new features without prior notice. Each User
acknowledges that inability to use the Site wholly or partially for whatever
reason may have adverse effects on its business. Each User hereby agrees that in
no event shall Greentableware.com be liable to the User or any third parties for
any inability to use the Site (whether due to disruption, limited access,
changes to or termination of any features on the Site or otherwise), any delays,
inaccuracies, errors or omissions with respect to any communications or
transmission, or any damage (direct, indirect, consequential or otherwise)
arising from the use of or inability to use the Site or any of its features.
3.6 No User
shall undertake any scheme to undermine the integrity of the computer systems or
networks used by Greentableware.com and/or any other User and no User shall
attempt to gain unauthorized access to such computer systems or networks.
3.7 We urge
that you read Greentableware.com's
Privacy Policy which
governs the protection and use of each User's information in the possession of
Greentableware.com and/or its affiliates. Each User hereby accepts the Privacy
Policy and any updates and amendments thereto. Each User acknowledges that
Greentableware.com may change the Privacy Policy from time to time provided that
Greentableware.com shall make available the updated version of the Privacy
Policy on the Site at all times. Your continuation of use of the Site shall be
deemed to be your acceptance of the Privacy Policy which is then displayed on
the Site at the time of such use.
3.8 As a
condition of your access to and use of Greentableware.com, you agree that you
will not use the Greentableware.com service to infringe the intellectual
property rights or other legitimate rights of others in any way.
Greentableware.com and/or its affiliates will in appropriate circumstances
terminate the accounts of Users who are repeat infringers of the copyrights, or
other intellectual property rights, or other legitimate rights of others. In
addition, Greentableware.com and/or its affiliates reserves the right to
terminate the account of a user upon any single infringement of the rights of
others in conjunction with use of the Greentableware.com service, or if
Greentableware.com believes that User's conduct is harmful to the interests of
Greentableware.com, its affiliates, or other users, or for any other reason in
Greentableware.com's sole discretion, with or without cause.
4.
Registered Users
4.1 Each User
who has completed and submitted a registration form either online on the Site or
offline by giving its information (such as name, address, telephone and fax
number, email address, details of its business, etc.) to Greentableware.com or
another Greentableware.com group company providing the relevant specific
services is a registered user of the Site (a "Registered User"). An account
("Account") will be established for each Registered User and each Registered
User will be assigned a user alias ("User ID") and password ("Password") for
log-in access to its own Account.
4.2 A
web-based email account with limited storage space may be assigned to the User
to send or receive email (the "Email Account"). The Registered User shall be
responsible for all users and the content of all the messages communicated
through its Email Account, as well as the consequences of any such message.
4.3 If the
Registered User is a business entity, you represent that (a) you have the
authority to bind the entity to this Agreement; (b) the address you use when
registering is the principal place of business of such business entity; and (c)
all other information submitted to Greentableware.com and its affiliates during
the registration process is true, accurate, current and complete. For purposes
of this provision, a branch or representative office will not be considered a
separate entity and its principal place of business will be deemed to be that of
its head office.
4.4 By becoming
a Registered User, you consent to the inclusion of your personal data in our
Global Buyer Database and authorize Greentableware.com and its affiliates to
share such information with other Users.
4.5
Greentableware.com or its affiliates may suspend or terminate a Registered
User's Account or Email Account at any time by giving no less than 24-hour
notice to the Registered User; provided, however, that notice is not required
for such termination if (a) in Greentableware.com's determination, there is any
breach of the provisions of this Agreement by the Registered User; or (b)
Greentableware.com has reasonable grounds to suspect that any information
provided by a Registered User is untrue, inaccurate or is not current or
complete, or (c) Greentableware.com believes that the Registered User's actions
may cause financial loss or legal liability to such Registered User,
Greentableware.com's other Users, or Greentableware.com or its affiliates.
4.6 The
Registered User shall not use the Email Account for junk mail, chain letters or
spamming or the transmission of any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind or nature. Further, the Registered User shall not use the Email Account to
publish, distribute, transmit or circulate any unsolicited advertising or
promotional information or any content that is obscene, indecent, seditious,
offensive, defamatory, threatening, or which incites or results in causing
racial hatred, discrimination, menace or breach of confidence.
4.7 A
Registered User may not sell, attempt to sell, offer to sell, give, assign or
otherwise transfer an Account, User ID or Password to a third party without the
prior written consent of Greentableware.com. Greentableware.com may suspend or
terminate the Account of a Registered User or the transferee of a Registered
User in the event of a sale, offer to sell, gift, assignment or transfer in
violation of this Section.
4.8
Notwithstanding Section 4.1 above, Greentableware.com may refuse registration
and deny the issuance of an Account and/or Email Account and associated User ID
and Password to any User for whatever reason.
5.
Users Who Post Information on the Site
5.1 You must be
a Registered User in order to post information on the Site using the self-help
submit and edit tools provided through the Site. Your status as a Registered
User is governed by the provisions of Section 4 above and any terms and
conditions applicable to the relevant Premium Service.
5.2 No sales
agency relationship is created between any User and Greentableware.com, our
affiliates, directors, officers or employees by virtue of Greentableware.com's
display of any of the User's information on the Site.
5.3 Each User
hereby represents, warrants and agrees to (a) provide Greentableware.com with
true, accurate, current and complete information to be displayed on the Site and
(b) maintain and promptly amend all information to keep it true, accurate,
current and complete. Each User hereby grants an irrevocable, perpetual,
worldwide and royalty-free, sublicensable (through multiple tiers) license to
Greentableware.com to display and use all information provided by such User 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.
5.4 Each User
hereby represents, warrants and agrees that it has obtained all necessary third
party copyright, trademark, trade secrets or patent licenses and permissions, or
such other licenses or permissions as may be required in connection with any
other personal or proprietary rights of any third party (including but not
limited to rights of personality and rights of privacy), for any material or
information it posts on the Site or provides to Greentableware.com or authorizes
Greentableware.com to display. Third party copyrights, trademarks, trade secret
rights, patents and other personal or proprietary rights affecting or relating
to material or information displayed on the Site, or affecting or relating to
products that are offered or displayed on the Site, including but not limited to
rights of personality and rights of privacy, are hereafter referred to as "Third
Party Rights." Each User hereby represents, warrants and agrees that it shall be
solely responsible for ensuring that any material or information it posts on the
Site or provides to Greentableware.com or authorizes Greentableware.com to
display does not, and that the products represented thereby do not, violate any
Third Party Rights, or is posted with the permission of the owner(s) of such
rights. Each User hereby represents, warrants and agrees that it has the right
to manufacture, offer, sell, import, export and distribute the products it
offers and displays on the Site, and that such manufacture, offer, sale,
importation, export and/or distribution of those products violates no Third
Party Rights.
5.5 Each User
hereby represents, warrants and agrees that information submitted to
Greentableware.com for display on 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 Users of the Site or for any other unlawful purpose;
c.
relate to sale
of products or services that 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 or privacy, or
any other Third Party 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.
be defamatory,
libelous, unlawfully threatening or unlawfully harassing;
g.
be obscene 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.
solicit
business from any Users in connection with a commercial activity that competes
with Greentableware.com;
k.
contain 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;
l.
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;
m.
violate any
provision in the
Product Listing
Policy;
n.
otherwise
create any liability for Greentableware.com or its affiliates.
5.6
Greentableware.com reserves the right in its sole discretion to remove any
material displayed on the Site which it reasonably believes is unlawful, could
subject Greentableware.com and its affiliates to liability, violates this
Agreement or is otherwise found inappropriate in Greentableware.com's opinion.
Greentableware.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. Furthermore,
Greentableware.com may disclose the User'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 Greentableware.com shall not
be liable for damages or results thereof and User agrees not to bring any action
or claim against Greentableware.com for such disclosure. In connection with any
of the foregoing, Greentableware.com may suspend or terminate the Account of any
User as Greentableware.com deems appropriate in its sole discretion. User agrees
that Greentableware.com shall have no liability to User, including no liability
for consequential or any other damages, in the event Greentableware.com takes
any of the actions mentioned in this Section, and that User agrees to bear the
risk that Greentableware.com may take such actions.
6.
Transactions between Buyers and Suppliers
6.1 Through the
Site, Greentableware.com provides an electronic web-based platform for
exchanging information
and concluding sale and purchase transactions of products and services online
between buyers and suppliers. Greentableware.com reserves
the right to limit certain features and functions of the platform to prescribed
Registered Users. Despite the provision of the platform
through the Site, Greentableware.com does not represent the seller or the buyer
in specific transactions whether or not such transactions are made on or via the
Site. Greentableware.com does not control and is not liable to or responsible
for the quality, safety, lawfulness 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.
6.2 Users are
hereby made aware that there may be risks of dealing with people acting under
false pretences. Greentableware.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,
Greentableware.com cannot and does not confirm each User's purported identity (including,
without limitation, Gold Supplier members). We encourage you to use the
various tools available on the Site, as well as common sense, to evaluate with
whom you are dealing.
6.3 Each User
acknowledges that it is fully assuming the risks of purchase and sale
transactions when using the Site to conduct transactions, and that it is fully
assuming the risks of liability or harm of any kind in connection with
subsequent activity of any kind relating to products or services that are the
subject of transactions using the Site. Such risks shall include, but are not
limited to, mis-representation of products and services, fraudulent schemes,
unsatisfactory quality, failure to meet specifications, defective or dangerous
products, unlawful products, delay or default in delivery or payment, cost
mis-calculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Site may violate or may be asserted to
violate Third Party Rights, and the risk that User may incur costs of defense or
other costs in connection with third parties' assertion of Third Party Rights,
or in connection with any claims by any party that they are entitled to defense
or indemnification in relation to assertions of rights, demands or claims by
Third Party Rights claimants. Such risks also include the risks that consumers,
other purchasers, end-users of products or others claiming to have suffered
injuries or harms relating to product originally obtained by Users of the Site
as a result of purchase and sale transactions in connection with using the Site
may suffer harms and/or assert claims arising from their use of such products.
All of the foregoing risks are hereafter referred to as "Transaction Risks.".
Each User agrees that Greentableware.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.
6.4 Users are
solely responsible for all of the terms and conditions of the transactions
conducted on, through or 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.
6.5 In
the event that any User has a dispute with any party to a transaction, such User
agrees to release and indemnify Greentableware.com (and our agents, affiliates,
directors, officers and employees) from all claims, demands, actions,
proceedings, costs, expenses and damages (including without limitation any
actual, special, incidental or consequential damages) arising out of or in
connection with such transaction.
7.
Limitation of Liability
7.1 TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THE FEATURES AND SERVICES ON THE SITE ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Greentableware.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. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY
EXCLUDED.
7.2 TO THE
MAXIMUM EXTENT PERMITTED BY LAW, Greentableware.COM MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY,
STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH
THE SITE, Greentableware.COM DOES NOT REPRESENT OR WARRANTY THAT THE
MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE
AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT
VIOLATE ANY THIRD PARTY RIGHTS; AND Greentableware.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED
ON THE SITE.
7.3 Any
material downloaded or otherwise obtained through the Site is done at each
User's sole discretion and risk and each User 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 User from Greentableware.com or through or from the Site shall create any
warranty not expressly stated herein.
7.4 Under no
circumstances shall Greentableware.com be held liable for an delay or failure or
disruption of the content or services delivered through the Site 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,
governmental actions, orders of domestic or foreign courts or tribunals or
non-performance of third parties.
7.5 Each User
hereby agrees to indemnify and save Greentableware.com, its affiliates,
directors, officers and employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity basis) which may arise
from such User's use of the Site (including but not limited to the display of
such User's information on the Site) or from its breach of any of the terms and
conditions of this Agreement. Each User hereby further agrees to indemnify and
save Greentableware.com, its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including legal costs on
a full indemnity basis) which may arise from User's breach of any
representations and warranties made by User to Greentableware.com, including but
not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User
hereby further agrees to indemnify and save Greentableware.com, its affiliates,
directors, officers and employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity basis) which may arise,
directly or indirectly, as a result of any claims asserted by Third Party Rights
claimants or other third parties relating to products offered or displayed on
the Site. Each User hereby further agrees that Greentableware.com is not
responsible and shall have no liability to it, for any material posted by
others, including defamatory, offensive or illicit material and that the risk of
damages from such material rests entirely with each User. Greentableware.com
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you shall cooperate with Greentableware.com in asserting any available
defenses.
7.6
Greentableware.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 Site;
b.
any defect in
goods, samples, data, information or services purchased or obtained from a User
or a third-party service provider through the Site;
c.
violation of
Third Party Rights or claims or demands that Users' manufacture, importation,
export, distribution, offer, display, purchase, sale and/or use of products or
services offered or displayed on the Site may violate or may be asserted to
violate Third Party Rights; or claims by any party that they are entitled to
defense or indemnification in relation to assertions of rights, demands or
claims by Third Party Rights claimants;
d.
unauthorized
access by third parties to data or private information of any User;
e.
statements or
conduct of any User of the Site; or
f.
any matters
relating to Premium Services however arising, including negligence.
7.7
Notwithstanding any of the foregoing provisions, the aggregate liability of
Greentableware.com, its employees, agents, affiliates, representatives or anyone
acting on its behalf with respect to each Use for all claims arising from the
use of the Site or the Greentableware.com service shall be limited to the
greater of (a) the amount of fees the User pays to Greentableware.com or its
affiliates in the 12 months period prior to the action giving rise to liability
and (b) HK$100. The preceding sentence shall not preclude the requirement by the
User to prove actual damages. All claims arising from the use of the Site or the
Greentableware.com service must be filed within one (1) year from the date the
cause of action arose.
8.
Intellectual Property Rights
8.1
Greentableware.com is the sole owner or lawful licensee of all the rights to the
Site and the Greentableware Content. The Site and Greentableware.com Content
embody trade secrets and intellectual property rights protected under worldwide
copyright and other laws. All title, ownership and intellectual property rights
in the Site and Greentableware.com Content shall remain with Greentableware.com,
its affiliates or licensors of the Greentableware.com Content, as the case may
be. All rights not otherwise claimed under this Agreement or by
Greentableware.com are hereby reserved.
8.2
"Greentableware", "Greentableware.COM" and related icons and logos are
registered trademarks or trademarks or service marks of Greentableware Group
Holding Limited, and “GOLD SUPPLIER”, "TRUSTPASS" and “ALIEXPRESS” and related
icons and logos are registered trademarks or trademarks or service marks of
Greentableware.com 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.
9.
Notices
9.1 All notices
or demands to or upon Greentableware.com shall be effective if in writing and
shall be duly made when sent to Greentableware.com in the following manner: to
Greentableware.com Hong Kong Limited, Room
24F Jubilee Centre, 18 Fenwick Street, Wanchai, Hong Kong, Attn:
Legal Department.
9.2 All notices
or demands to or upon a User shall be effective if either delivered personally,
sent by courier, certified mail, by facsimile or email to the last-known
correspondence, fax or email address provided by the User to Greentableware.com,
or by posting such notice or demand on an area of the Site that is publicly
accessible without a charge. Notice to a User shall be deemed to be received by
such User if and when
a.
Greentableware.com is able to demonstrate that communication, whether in
physical or electronic form, has been sent to such User, or
b.
immediately
upon Greentableware.com's posting such notice on an area of the Site that is
publicly accessible without charge.
10.
General
10.1 Subject to
any additional agreements relating to Premium Services, this Agreement and the
Privacy Policy constitute the entire agreement between the User and
Greentableware.com with respect to and governs the use of the Site, superseding
any prior written or oral agreements in relation to the same subject matter
herein.
10.2
Greentableware.com and the User are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
10.3 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.
10.4 Headings
are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
10.5
Greentableware.com's failure to enforce any right or failure to act with respect
to any breach by a User under this Agreement will not waive that right nor
waives Greentableware.com's right to act with respect with subsequent or similar
breaches.
10.6
Greentableware.com shall have the right to assign this Agreement (including all
of its rights, titles, benefits, interests, and obligations and duties in this
Agreement and in any agreement relating to Premium Services to any person or
entity (including any affiliates of Greentableware.com). The User may not
assign, in whole or part, this Agreement to any person or entity.
10.7 This
Agreement shall be governed by the laws of the Hong Kong Special Administrative
Region ("Hong
Kong")
without regard to its conflict of law provisions. The parties to this Agreement
hereby submit to the exclusive jurisdiction of the courts of
Hong Kong.
10.8 If there
is any conflict between the English version and another language version of this
Agreement, the English language version shall prevail.
|