(Updated on May 23, 2022)
 

 PLEASE READ THESE PRIVACY POLICY CAREFULLY!
 

Welcome to www.eoem.org! These Terms of Use describe the Privacy Policy applicable to your access and use of the websites, mobile sites, mobile applications and other portals owned, operated, branded or  made available by eoem.org (defined below) from time to time which relate to the EOEM e-commerce platform, including but not limited to: (a) the web and mobile-optimized versions of the websites identified by the uniform resource locator  “www.eoem.org” and (b) [the mobile applications of the EOEM e-commerce platform (collectively, the “Sites”).This  document is a legally binding agreement between you as the user(s) of  the Sites (referred to as “you”, “your” or “User” hereinafter) and the eoem.org entity determined in accordance with clause 2.1 below (referred to as “we”, “our” or “eoem.org” hereinafter).

1.Application and Acceptance of the Terms

1.1  Your access to and use of the Sites and eoem.org’s services,  software and products through the Sites, which shall include the platforms described in clause 7.1 of the Terms (such services, software  and products collectively referred to as the “Services”  hereinafter) is subject to the terms and conditions contained in this  document as well as the Privacy Policy (defined in clause 3.3 below), the Product Listing Policy and any other rules and policies of the Sites that eoem.org may publish from time to time. The Promotion Services referred to in the eoem.org Free Membership Agreement shall include Top Ranking and Sponsored Listing and any such other Services as may be announced by eoem.org from time to time. This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”. By accessing and use of the Sites and Services, you agree to accept and be bound by the Terms. Please do not access or use the Services or the Sites if you do not accept all of the Terms.  

1.2  You may not access or use the Services or the Sites and may not accept the Terms if (a) you are not of legal age to form a binding contract  with eoem.org, or (b) you are not permitted to receive any Services under the laws of Hong Kong or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the Sites.

1.3  Eoem.org may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the amended and restated  Terms will apply to you.

1.4  If eoem.org has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will  govern your access to and use of the Services or the Sites.

1.5  You may be required to enter into separate agreement(s), whether online or offline, with eoem.org or our affiliate for any Service (or features within the Services) (each an “Additional Agreement”). If there is any conflict or inconsistency between the Terms and an  Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service (or feature within the  Service) concerned.  

1.6 The Terms may not otherwise be modified except in writing by an authorized officer of eoem.org.   

2. Provision of Services

2.1  If you are a registered member of any of our Sites, the eoem.org contracting entity that you are contracting with is Eoem Company Limited. If you are a registered member of any of the Sites, Eoem Company Limited (incorporated in HongKong with Company Reg.  No. 1267196). As some or part of the Services may be supported and provided by affiliates of eoem.org, eoem.org may delegate some of the Services to its affiliates.

2.2  You must register as a member on the Sites in order to access and use some Services. Further, eoem.org reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users, or subject to other conditions that eoem.org may impose in our discretion. 

2.3  Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. eoem.org may in our sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different Users.

2.4  Eoem.org may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the ability of such paying Users to enjoy that Service.

2.5 Some Services (or part thereof) may be provided by eoem.org’s affiliates on behalf of eoem.org.

3. Users Generally

3.1  As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Sites or Services.

3.2  You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with eoem.org, or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites 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 eoem.org is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.

3.3  You must read the following documents which govern the protection and use of personal information about Users in the possession of eoem.org and our affiliates: for Users who access or use Sites relating to the EOEM e-commerce platform, the eoem.org Privacy Policy (collectively, the “Privacy Policy”).

3.4  Eoem.org may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link,  banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the Sites. You  acknowledge that eoem.org has no control over such third parties' web  sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on or through such web sites.

3.5  You agree not to undertake any action to undermine the integrity of the computer systems or networks of eoem.org and/or any other User nor to gain unauthorized access to such computer systems or networks.

3.6  You agree not to undertake any action which may undermine the integrity  of eoem.org’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

3.7  By posting or displaying any information, content or material (“User  Content”) on the Sites or providing any User Content to eoem.org or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to eoem.org to  display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to eoem.org, the operation of the Sites, the provision of  any Services and/or the business of the User. You confirm and warrant to eoem.org that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.

4. Member Accounts

4.1 User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member”  below). Except with eoem.org’s approval, one User may only register one member account on the Sites. eoem.org may cancel or terminate a User’s member account if eoem.org has reasons to suspect that the  User has concurrently registered or is in control of two or more member accounts. Further, eoem.org may reject User’s application for registration for any reason.

4.2  Upon registration on the Sites, eoem.org shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account  may have a web-based email account with limited storage space for the Member to send or receive emails.

4.3  A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities  are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). Member agrees to notify eoem.org immediately if you become aware of  any unauthorized use of your password or your account or any other breach of security of your account.
 
4.4  Member agrees that all use of the Sites and Services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

4.5  Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to eoem.org or other Users of the Sites. Member shall indemnify eoem.org, our affiliates, directors, employees, agents and representatives against any loss or damages (including but  not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, eoem.org shall not be liable for any loss or damages arising  from such a breach and shall have the right to suspend or terminate  Member’s account without liability to the Member.

5. Member’s Responsibilities

5.1  Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) your access and use the Sites and Services will be for business purposes only; and (c) for Members who are business entities, the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office. 

5.2  Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites for your access to and use of any Service or the member account.  Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

5.3  Upon becoming a Member, you consent to the inclusion of the contact information about you in our database and authorize eoem.org and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy. 

5.4  Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not  violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or  jurisdiction.

5.5 Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
a) be true, accurate, complete and lawful;
b) not be false, misleading or deceptive;
c) not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
d) not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
f) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may  violate any applicable laws and regulations;
g) not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.

5.6 Each Member further represents, warrants and agrees that you shall/are:
a) carry on your activities on the Sites in compliance with any applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry on your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
e) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
f) not engage in spamming or phishing;
g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
h) not involve attempts to copy, reproduce, exploit or expropriate  eoem.org’s various proprietary directories, databases and listings;
i) not 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;
j) not involve any scheme to undermine the integrity of the data, systems or networks used by eoem.org and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
k) not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
l) not engage in any activities that would otherwise create any liability for eoem.org or our affiliates.

5.7  Member may not use the Sites, Services or member account to engage in activities which are identical or similar to eoem.org’s e-commerce marketplace business.

5.8  If Member provides a business referee, Member represents, warrants and  agrees that you have obtained all necessary consents, approvals and waivers from such referee to (a) act as your business referee; (b) 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 you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.

5.9  Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for eoem.org’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, eoem.org shall not be obliged to extend the relevant service period nor be liable for any loss or damages arising out of or in connection with such delay, suspension or termination.

5.10  Member acknowledges and agrees that eoem.org reserves the right to, but shall not be required to actively monitor or exercise any editorial control whatsoever over the content of any message or material or  information (including User Content) created, obtained or accessible through the Services or Sites. eoem.org does not endorse, verify or otherwise certify the contents of any comments or other material or information (including User Content) created, submitted, posted, displayed or otherwise made by any Member. Each Member 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

5.11  Member acknowledges and agrees that the Sites and Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.

5.12  Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all access and use of the Site and Services are in compliance with the same.

6. Breaches by Members

6.1  Eoem.org reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could  subject eoem.org or our affiliates to liability, or is otherwise found inappropriate in eoem.org’s sole discretion.

6.2  If any Member breaches any Terms, or if eoem.org has reasonable  grounds to believe that a Member is in breach of any Terms, eoem.org shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (A) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by eoem.org in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (B) restricting, downgrading, suspending or  terminating the subscription of, access to, or current or future use of  any Service; (C) removing any product listings or other User Content  that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (D) imposing other restrictions on the Member’s use of any features or functions of any Service as eoem.org  may consider appropriate in its sole discretion; and (E) any other corrective actions, discipline or penalties as eoem.org may deem necessary or appropriate in its sole discretion.

6.3  Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the  following circumstances:
a) upon complaint or claim from any third party, eoem.org has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where a Member who supplies products or services using the Sites and Services has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items such Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
b) eoem.org has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
c) eoem.org has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading,
d) eoem.org believes that the Member’s actions may cause financial loss or legal liability to eoem.org or our affiliates or any other Users.

6.4  Eoem.org reserves the right to cooperate fully with governmental or regulatory authorities, law enforcement bodies, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.  Further, to the extent permitted by applicable laws and policies, eoem.org may disclose the Member's  identity, contact information and/or information regarding the Member's account(s), transactions or activities carried out on or via the Site, if requested by a government, regulatory or law enforcement body or an injured third party, or as a result of a subpoena or other legal action. eoem.org shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against eoem.org for such disclosure.

6.5  Eoem.org may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if eoem.org has received notice that the Member is in breach of any agreement or undertaking with any affiliate of eoem.org! and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. eoem.org reserves the right to, but shall not be required to investigate such breach or request confirmation from the Member.

6.6  Each Member agrees to indemnify eoem.org, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your access to or use of the Sites or Services, or from your breach of the Terms or any Additional Agreements.

6.7  Each Member further agrees that eoem.org is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted through the Sites or Services, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such User Content or other material rests entirely with the Member. eoem.org reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with eoem.org in asserting any available defenses.

7. Transactions Between Buyers and Sellers

7.1  Through the Sites, eoem.org provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. eoem.org additionally provides electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, for any Services, eoem.org does not represent either the seller or the buyer in specific transactions. eoem.org does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

7.2  Users are hereby made aware that there may be risks of dealing with people acting under false pretences. eoem.org uses several techniques  to verify the accuracy of certain information our paying Users provide  us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, eoem.org can not and does not confirm each User's purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are  dealing.

7.3  Buyers and sellers accessing or using the Sites or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Sites or Services. Buyer and sellers accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection  with any subsequent activity relating to the products or services that are the subject of the transactions on the Sites. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product 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, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be  asserted to violate Third Party Rights, and the risk that Users 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 the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Sites or Services. All of the foregoing risks are referred to as "Transaction Risks". eoem.org is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

7.4  Buyers and sellers on the Sites are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transactional Services Agreement (and in particular, clause 3.2).

7.5  User agrees to provide all information and materials as may be reasonably required by eoem.org in connection with your transactions conducted on, through or as a result of use of the Sites or Services. eoem.org has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials  without liability for any losses or damages arising out of or in connection with such suspension or termination.

7.6  In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify eoem.org (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 dispute or the transaction.

8. Limitation of Liability

8.1  TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY Eoem.org ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE"  AND “WITH ALL FAULTS”, AND Eoem.org 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, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

8.2  TO THE MAXIMUM EXTENT PERMITTED BY LAW, Eoem.org MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; Eoem.org DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT,  DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND Eoem.org MAKES NO REPRESENTATIONS OR WARRANTIES OF  ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

8.3  Any material downloaded or otherwise obtained through the Sites or Services is done at each User's sole discretion and risk and each User is solely responsible for any damage to its own or to eoem.org’s computer system(s) or any loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from eoem.org or through or from the Sites shall create any warranty not expressly stated herein.

8.4  The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall eoem.org or our affiliates be held liable for any such services or products.

8.5  Each User hereby agrees to indemnify and save eoem.org, our 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 access to or use of the Sites or Services (including but not limited to the display of such User's information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save eoem.org, our affiliates, directors, officers and employees  harmless, from any and all losses, damages, 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 eoem.org, including but not limited to those set forth in clause 5 hereunder.  

8.6  Each User hereby further agrees to indemnify and save eoem.org, our affiliates, directors, officers and employees harmless, from any and all losses, damages, 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 Sites. Each User hereby further agrees that eoem.org is not responsible and shall have no liability to you, 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. eoem.org reserves the right, at our 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 eoem.org in asserting any  available defenses.

8.7  Eoem.org 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, equity or otherwise or any other damages resulting from any of the following:
a) the use or the inability to use the Sites or Services;
b) any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites or Services;
c) violation of Third Party Rights or claims or demands that User's manufacture, importation, exportation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites or through the Services 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 Sites or Services;
f) any matters relating to the Sites or Services, however arising, including negligence.

8.8  Notwithstanding any of the foregoing provisions, the aggregate liability of eoem.org, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the access to or use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to eoem.org in exchange for the access to or use of the Site or Services during the calendar year and (b) the maximum amount permitted under the applicable law. The preceding  sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under the applicable law governing the Terms.

8.9  The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not eoem.org has been advised of or should have been aware of the possibility of any such losses arising.

9. Force Majeure

9.1  Under no circumstances shall eoem.org be held liable for any delay or failure or disruption of the content or the Services accessed or delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our 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.

10. Intellectual Property Rights

10.1  Eoem.org is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected  under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with eoem.org, our affiliates or licensors, as the case may be. All rights not otherwise claimed under the Terms or by eoem.org are hereby reserved.

10.2  "EOEM", "Eoem.org" and related icons and logos are registered trademarks or trademarks or service 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.

10.3 Eoem.org may have independent third parties involved in the provision of the Sites or Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

11. Notices

11.1  All legal notices or demands to or upon eoem.org shall be made in writing and sent to eoem.org personally, by mail to info@eoem.org. The notices shall be effective when they are received by  eoem.org in any of the above-mentioned manner.

11.2  All legal 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 eoem.org, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when:
a) eoem.org is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User
b) immediately upon eoem.org posting such notice on an area of the Sites that is publicly accessible without charge.

11.3  You agree that all agreements, notices, demands, disclosures and other communications that eoem.org sends to you electronically will satisfy any legal requirement that such communication should be in writing.

12. General Provisions

12.1  Subject to any Additional Agreements, the Terms constitute the entire agreement between you and eoem.org with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

12.2  Eoem.org and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

12.3  If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

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

12.5  Eoem.org’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of eoem.org’s right to act with respect to subsequent or similar breaches.

12.6  Eoem.org shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of eoem.org). You may not assign, in whole or part, the Terms to any person or entity.

12.7  If you are from outside of mainland China, the Terms shall be governed by the laws of Hong Kong without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Hong Kong. If you are from mainland China, the Terms shall be governed by the laws of People’s Republic of China.

12.8 If you have any comments on the Services we provide to you, you may contact our customer service support line with any such feedback or questions.

13. Data Collection of information

13.1. USER INFORMATION

13.2. USE OF PERSONAL DATA

13.3. DISCLOSURE OR SHARING OF PERSONAL DATA

13.4. RETENTION

13.5. RIGHTS REGARDING PERSONAL DATA

For 13.1 ~ 13.5 information on what data is being collected and processed by the EOEM website、how it is processed and the purposes for which it is collected and processed and how users can request deletion of this data, please view bellow details:

A. USER INFORMATION COLLECTION AND REQUIREMENTS

The personal information that we collect broadly falls into the following categories:

Information That You Provide To Us:

If you are a Buyer , we will ask you to provide:

contact information including: name; address; phone number; email address;
purchase and/or payment information including: credit card or similar payment information that you intend to purchase with; billing and delivery address;
information about your purchases including: the goods purchased and how many;
information about and/or to support complaints made in connection with the Platform or goods and/or services purchased via the Platform;
ID (such as a passport) for identification verification in certain circumstances, when you apply for after-sales services.

If you are a Seller (i.e. an employee or representative of a Seller or a sole trader Seller (we'll refer to you as a Seller)), we will ask you to provide:

information about the Seller's business (if applicable) including corporate registration, business license (if applicable), tax or similar information;
details about the goods and products that the Seller intends to sell via the Platform;
purchase and/or payment information including bank account or other payment information that the Seller intends to be paid by.

If you attend one of our industry events or other functions, contact details such as user name, address, phone number, fax number and email address.

If you are a certified blogger / influencer for Eoem, we may also ask you to provide us with your contact information and social media accounts / blog information.

If you choose to provide us with any additional information, such as in response to questionnaires for market research / analytics. This may include marital status, nationality, gender, date and/or year of birth, annual income, monthly spending and user preferences. If you prefer not to provide such information, the use of our services and products will not be affected.

Information That We Collect Automatically:

If you are a Buyer or Seller or prospective Buyer or Seller we will automatically collect:

A copy of any correspondence with us, including any verification information we ask for, if you contact us for any reason (such as our customer service department chat service, telephone or email).
Details of transactions and communications over the Platform, including the types and specifications of the goods sold and purchased, pricing and delivery information, any dispute records, communications between Buyers and Sellers over the Platform and any information disclosed in any discussion forum.
Details of Platform buying and browsing activities, for these purposes we will automatically collect information from your device. In some countries, including countries in the European Economic Area and the UK, this information may be considered as personal information under applicable data protection laws. Specifically this collected information may include IP addresses, device type, unique device identification numbers, browser type, broad geographic location (e.g. country or city-level location), browsing patterns and details of how you have interacted with our Platform and the goods and services available on it. In addition, we gather information about the Platform and visitors to the Platform including browser software, operating system, software and hardware attributes, pages viewed, number of sessions and unique visitors. Some of this information may be collected using cookies and similar tracking technology, as explained further under the section E “COOKIES” below. Where we are required by applicable law, we will seek your prior consent to the collection of information using cookies and similar tracking technologies.

If you are successfully certified by Eoem as a blogger or an influencer, we may also collect your social media account handles and posts / comments made in relation to the Platform.

We may collect information about the people or accounts with whom you share content or interact and contact information if you choose to upload or import it from a device (such as an address book).

Information That We Receive From Third Parties:

If you are a Buyer or Seller we may receive personal information about you from:

Social media platforms if you choose to register for a Platform account via a social media account. Exactly what information we receive will depend on your privacy settings with the applicable platform, but would typically include basic public profile information such as:

Your social media user name, nickname or username

Your social media profile picture

Country

Company name (if applicable).

Third parties that are engaged by us to provide verification services, such as conducting suitable money laundering, fraud and “Know Your Customer” checks on Buyers and Sellers. This may include your name, email address, company details and contact information. To deletion of those data. you can revoke this in your account at dashboard.

B. USE OF PERSONAL DATA

We collect and use your personal information for the following purposes:

verifying Platform account registrations including conducting fraud, security, "Know Your Customer" and anti-money laundering checks in order to approve your Seller account;
verifying your eligibility as a Platform blogger or influencer;
setting up / administering Buyer and Seller accounts, including providing log-in IDs and setting up payment / transaction accounts;
providing customer service support, responding to your queries, feedback and managing claims and/or disputes;
providing/supporting general Platform services, facilitating communication between Buyers and Sellers, processing transactions and payments, assessing advance withdrawal requests from Sellers and providing logistics and delivery services;
supporting Buyer and/or Seller clearance declarations / applications where made via the Platform;
providing relevant membership benefits including birthday rewards, membership offers and coupons, anniversary awards, exclusive member prices;
verifying your identity and purchases in connection with product warranty or other after-sales claims;
assessing and monitoring account security and transaction risks of Buyers and Sellers, detecting and preventing fraud, money laundering and other security incidents;
sending and serving tailored marketing and advertising that we believe will be of interest to you based on the ways in which you use the Platform, your browsing records, and order history;
conducting research and analytics to ensure the security of our Platform, to improve the content and layout of the Platform, and to improve our product offerings and services;
Help you find people you may know who are also using Eoem
cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests (see section E. COOKIES below for more information).

We may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you if and where this is permitted by applicable data protection laws.

C. DISCLOSURE OR SHARING OF PERSONAL DATA

We disclose/share personal information with the following categories of recipients:

·Other Platform Buyers and/or Sellers where necessary to support purchases and communications made between you. If you are a Buyer, Sellers that you purchase from will also control personal information about you relevant to or connected with your Platform purchases and communications with them. Please refer to Seller Privacy Policies for information about how they will process your information.

·Third party partners and service providers and/or affiliates engaged by or working with us to assist us in providing services to you or who otherwise process personal information for purposes described in this Privacy Policy or notified to you when we collect your personal information. Categories of these partners and service providers include:

·Eoem entities and affiliated companies and/or their designated service providers that work with us to provide processing services such as software, tools, systems and messaging services for purposes described in this Privacy Policy;

·our business partners (for example, in order for them to provide you with discounts or offers that may interest Buyers or prospective Buyers) where you have consented to receiving such information from them if required by applicable data protection laws; ·marketing and advertising partners, such as Google, Twitter, Facebook, Instagram, and VKontakte, and providers of analytics services relating to users’ behaviour, so that they may tailor the content you see when visiting our Platform for analytics and/or advertising purposes. These partners may combine information they collect on our Platform with data on their platforms and data they collect from other websites or through other sources in order to conduct targeted advertising. The processing activities of these third parties marketing platforms are governed by their own privacy policies, not this Privacy Policy (please refer to section E “COOKIES” below);

· payment service providers that provide payment processing services. The activities of payment service providers may be governed by their own privacy policies, not this Privacy Policy;

· credit risk assessment providers to conduct risk assessment on Sellers to determine whether a Seller can be permitted to make an advance withdrawal;

· logistics partners for providing delivery services for Buyers and Sellers, including return and exchange of products, and warehousing services for Sellers;

· customs agents for customs clearances purposes where applicable to support Buyers and Sellers with international sales/purchases;

· cloud computing or other hosting service providers to provide cloud storage services;

· warranty service providers to provide product warranty services where requested by a Buyer or Seller;

· customer service support providers to provide after-sale services or other customer service support;

· risk control service providers to assess the security of Buyer and Seller accounts and transaction risks; and

· third party rating / reviewing service providers to carry out reviews of our services with customers if you choose to participate in reviewing or rating Platform products and/or services;

· To our professional advisers, law enforcement agencies, insurers, government and regulatory and other organizations where we believe it is necessary to comply with applicable laws or to exercise, establish or defend our legal rights or protect your vital interests or those of any other person; or as otherwise required or permitted by applicable laws.

· To an actual or potential buyer (and its agents and advisers) in connection with any actual or proposed purchase, merger or acquisition of any part of our business, provided that we inform the buyer it must use your personal information only for the purposes disclosed in this Privacy Policy.

· To any other person with your consent to the disclosure.

We have established relationships with other parties and websites to offer you the benefit of products and services which we do not offer. We offer you access to these other parties and their websites either through the use of hyperlinks to these sites from our Platform or through offering "co-branded" sites in which both we and other parties share the same uniform resource locator (URL), domain name or pages within a domain name on the Internet. In some cases you may be required to submit personal information to register or apply for products or services provided by such third parties or co-branded partners. This Privacy Policy does not apply to these third party sites or co-branded sites. The privacy policies of those other parties may differ from ours, and we have no control over the information that you submit to those third parties. You should read the relevant privacy policy for those third party sites and co-branded sites before responding to any offers, products or services advertised by those parties.

· To completed delete user data (including General user and Seller user).

Because all users and sellers data are currently associated with other financial affairs data that already available in the EOEM system(eoem.org), if you need to delete your personal data completely, please use the ticket system by dashboard or contact us by email, we need to prove the real identity of the user and related assets further confirmation after billing profile and then user data deletion.

- General user:
Data verify: The user account if has order disputes, monthly consumption fees, etc., EOEM will make statistics on this part of the data and confirm with the user. If there is no objection between the two parties, we will delete the user data within 3 business working days.and users related points, free red bonus, free coupons data etc will all be invalid in same time
- Seller users:
Data verify: the seller account if has unpaid fees for completion, whether there is an order dispute with consumer users, and whether they complete the relevant financial settlement, once both parties confirm that there is no error, we reserve the right for delete for 30 days. If there is no consumer user complaint within those days, it will be Next 3 business days to complete data deletion

· Legal Basis for Data Processing

We process personal information for the purposes set out in this Privacy Policy observing legal bases set out in the LGPD. Our legal basis for processing your personal information will depend on the personal information in question and the specific context in which we collect it, but will include when it is:

- necessary for the performance of the contract between you and Eoem Company Limited (for example, to provide the services requested by you and to identify and authenticate you so that you can use the Platform).

- necessary to comply with legal requirements (for example, to comply with applicable accounting rules and make required disclosures to law enforcement authorities);

- necessary to achieve our legitimate interests or those of third parties;

- based on your consent;

- necessary for the regular exercise of rights in judicial, administrative and arbitration proceedings;

- necessary for the protection of life and limb or of the data subject and third parties;

- used for credit protection purposes;

- used for other cases foreseen in the LGPD or applicable legislation.

If we collect and use your personal information based on our (or a third party's) legitimate interest, that interest will generally be to operate our Platform and services, manage our relationship with you and communicate with you as necessary to provide our services to you and for our legitimate business interest, for example in responding to your inquiries, improving our Platform and services, conducting marketing, or for the purpose of ensuring the security of our Platform and services and detecting or preventing illegal activities such as fraud. We may have other legitimate interests and, if appropriate, we will make clear to you at the relevant time what those legitimate interests are.

If we ask you to provide personal information to comply with a legal requirement or to enter into a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as the possible consequences if you do not provide your personal information). In some cases, it may be necessary for you to provide us with personal information for processing as described above in order for us to provide you with all of our services and for you to use all of the features of our Platform.

 If you have questions or need more information about the legal basis on which we collect and use your personal information, please contact us by email or over support center ticket system.
 
 ·Your (register user) Rights

You have the following data protection rights, which you can exercise at any time by contacting us:

- The right to access your personal data and confirm the existence of processing.

- The right to correct, update or request anonymization, blocking or deletion of your personal information.

- The right to object to the processing of your personal information where it is based on our legitimate interests or in case of non-compliance with LGPD or applicable law.

- The right to ask us, in some situations, to restrict the processing of your personal information or to request portability of your personal information.

- The right to cancel marketing communications we send you at any time. You may exercise this right by clicking on the "unsubscribe" or "unsubscribe" link in marketing e-mails that we have sent to you. To unsubscribe from receiving other forms of marketing (such as postal marketing or telemarketing), please contact us by email or over support center ticket system

- If we collect and process your personal information with your consent, you have the right to withdraw your consent at any time and request deletion of your personal data. Withdrawing your consent will not affect the lawfulness of any processing carried out prior to your withdrawal, nor will it affect processing of your personal information carried out on a legal basis other than consent.

- The right to request a review of decisions based solely on automated processing, which may affect your interests.

- The right to petition the National Data Protection Authority - ANPD about our collection and use of your personal information.

- The right to request portability of your personal data to another service provider;

- The right to request information about with whom your personal data has been shared.

We respond to all requests we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. If you are aware of changes or inaccuracies in your information, you must inform us of such changes so that our records can be updated or corrected.

D. RETENTION

We will retain your personal information for as long as we have an ongoing legitimate business need to do so, to provide services or products to you, as required or permitted by applicable laws. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible. How long your data is kept for will also depend on how you use our website (for example if you are logged in as a member or you are visiting our website as a guest) and what the information you provide to us is used for. For example, if you are a registered member, certain data will be retained for a length of time following termination or deletion of your account, in order to comply with applicable laws or in case of disputes. In other instances, the period of retention may be determined according to your activity on the Platform or to comply with a specific arbitration period/resolve a dispute.

E. RIGHTS REGARDING PERSONAL DATA

Under applicable laws, you may have rights of access to personal information held by us and other rights. If you are a Visitor from the European Economic Area, UK or Brazil, please refer to section J. VISITORS FROM THE EUROPEAN ECONOMIC AREA, UK OR BRAZIL below for more information. If you are a Visitor from California, please refer to section K. VISITORS FROM CALIFORNIA below. If you have any questions regarding this Privacy Policy or if you wish to access or correct your personal information as a user of Eoem.org please login to check.

F. INTERNATIONAL TRANSFERS OF PERSONAL DATA

In connection with providing the services through our Platform, we will store your personal data processed through the Platform in the London, United States, Russia, Germany, China and/or Singapore, depending on the country you are located in. These countries have data protection laws that are different to the laws of your country (and, in some cases, may not be as protective). There will also be international transfers of your information among the above-mentioned countries. We take appropriate steps to ensure that recipients of your personal information are bound to duties of confidentiality and we implement appropriate measures to ensure your personal information will remain protected in accordance with this Privacy Policy, such as standard contractual clauses or other mechanism provided for in the applicable law. if you have any question regarding this you can obtained by contacting us by email or over support center ticket system.

Contact information of the Data Protection Officer : Dataprotection@eoem.org