Terms - Ekeone

TERMS AND CONDITIONS

Last updated June 30, 2024

AGREEMENT TO OUR LEGAL TERMS

We are 106 Business Solutions Limited (‘Company‘, ‘we‘, ‘us‘, or ‘our‘). Our VAT number is GB206651622 ; EE102513822.

We operate the website http://www.ekeone.com (the ‘Site‘), the mobile application Ekeone (the ‘App‘), as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms‘) (collectively, the ‘Services‘).

Ekeone.com is an online store for retail and bulk sale of general goods and /or services aimed at consumers making purchases for private purpose and Business procurement

You can contact us by email at info@106businesssolutions.com ; info@ekeone.com or by mail to __________, __________, England.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you‘), and 106 Business Solutions Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

1. OUR SERVICES

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. PRODUCTS

6. PURCHASES AND PAYMENT

7. SUBSCRIPTIONS

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENCE

11. GUIDELINES FOR REVIEWS

12. MOBILE APPLICATION LICENCE

13. SOCIAL MEDIA

14. THIRD-PARTY WEBSITES AND CONTENT

15. ADVERTISERS

16. SERVICES MANAGEMENT

17. PRIVACY POLICY

18. TERM AND TERMINATION

19. MODIFICATIONS AND INTERRUPTIONS

20. GOVERNING LAW

21. DISPUTE RESOLUTION

22. CORRECTIONS

23. DISCLAIMER

24. LIMITATIONS OF LIABILITY

25. INDEMNIFICATION

26. USER DATA

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

28. SMS TEXT MESSAGING

29. CALIFORNIA USERS AND RESIDENTS

30. MISCELLANEOUS

31. SELLER OUR AGREEMENT AND RELATIONSHIP

32. SELLER DASHBOARD (CONTENT MANAGEMENT )

33. SUPPLY AND COST OF PRODUCT

34. EKEONE’S ROLE

35. MISCELLANEOUS

36. DEFINITIONS AND INTERPRETATIONS

37. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES‘ section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@106businesssolutions.com ; info@ekeone.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the ‘PROHIBITED ACTIVITIES‘ section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES‘ and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in __________.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

7. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is s confidential information confidential and will not disclose, or cause or permit the disclosure of, such information except with the prior written consent of the other party. this agreement is governed by the laws of england and wales. the parties irrevocably submit to the exclusive jurisdiction of the courts of england and wales. waiver of any right, power, authority, discretion, or remedy arising on default under this agreement must be in writing and signed by the party granting the waiver. .

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at info@106businesssolutions.com ; info@ekeone.com.

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

8. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

9. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

10. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

12. MOBILE APPLICATION LICENCE

Use Licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a ‘terrorist supporting’ country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.

13. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a ‘Third-Party Account’) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Network Content’) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

14. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site or App) links to other websites (‘Third-Party Websites’) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

15. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

16. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

17. PRIVACY POLICY

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom, United States and Estonia. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, United States and Estonia, then through your continued use of the Services, you are transferring your data to the United Kingdom, United States and Estonia, and you expressly consent to have your data transferred to and processed in the United Kingdom, United States and Estonia. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.

18. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

20. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of England and Wales, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country to residence. 106 Business Solutions Limited and yourself both agree to submit to the non-exclusive jurisdiction of the courts of English, which means that you may make a claim to defend your consumer protection rights in regards to these Legal Terms in England, or in the EU country in which you reside.

21. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be England. The language of the proceedings shall be __________. Applicable rules of substantive law shall be the law of England.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

22. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

23. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

26. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

28. SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with “STOP.” You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at info@106businesssolutions.com ; info@ekeone.com.

29. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

30. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

31. SELLER OUR AGREEMENT AND RELATIONSHIP

Our Agreement 106 Business Solutions Limited registered in UK & EU subsidiary 106 Business Solutions Limited Estonia is the owner of Ekeone.com an online marketplace for customers to purchase products at https://www.ekeone.com The relationship between the Seller and Ekeone is one of principal and agent. When a Customer purchases a product from the Seller’s Store, the contract for sale is between the Customer and the Seller, and the terms of the contract are subject to the Terms and Conditions set out in the Standard Customer Terms found on the Website. The product is shipped by the Seller directly to the Customer and does not come into the ownership or possession of Ekeone at any time. In relation to such contracts, Ekeone acts solely as the agent of the Seller. Ekeone provides various marketing and advertising services to promote the sale of the Seller’s products. Ekeone may amend these Terms and Conditions and the applicable Commission Rate and Seller Fees from time to time and will notify the Seller in writing of any such amendments. By continuing to use the Website as a marketing platform after receiving such notification, the Seller will be deemed to have agreed to be bound by such amendments. To be a registered Seller with Ekeone, the Seller maybe a registered business entity, individual or sole trader duly constituted and registered in the country of its residence, and must be capable of forming or entering into a legally binding contract in accordance with applicable laws, The Agreement between Ekeone and the Seller will commence on the date on which the Seller sets up a store on the Website and will continue for an indefinite period, subject to the termination. Our Relationship The Seller irrevocably and unconditionally appoints Ekeone as the Seller’s agent to: a) offer and sell products that the Seller displays in the Seller’s Store; b) enter into agreements with Customers for the sale of such products on the Standard Customer Terms and any other terms and conditions permitted or contemplated under this Agreement; c) do all other things necessary or desirable in relation to the promotion, sale, and supply of Seller’s products on the Website, through SEO, Social Media campaigns (Facebook, Instagram, Pinterest, Twitter), PPC, PR Campaigns and other forms of offline marketing; and d) make use of the Seller’s images, videos, and logo for marketing purposes, and the Seller guarantees all images are copyright and royalty-free. Ekeone takes no responsibility or liability for images should this not be the case. When a Customer purchases from the Seller’s Store through the Website, Ekeone will notify the Seller via email and through the Seller Dashboard of that transaction. The Seller will not generate or issue any additional invoices to the Customer. Ekeone is not a party to any agreement that is entered into between the Seller and a Customer for the sale and purchase of any product from the Seller Store. The Seller assumes all liability for the performance of all obligations and the discharge of all liabilities including all details contained on the Seller Dashboard. The Seller shall indemnify Ekeone against all liabilities, costs, expenses, damages, and losses (including but not limited to any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis)) and all other reasonable professional costs and expenses suffered or incurred by the Seller arising out of or in connection with: a) The Seller’s breach or negligent performance or non-performance of this agreement; b) the enforcement of this agreement; c) any claim made against Ekeone for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with the Seller’s products sold in the Seller’s Store; d) any claim made against Ekeone by a third party for death, personal injury, or damage to property arising out of or in connection with defective products, to the extent that the defect in the products is attributable to the acts or omissions of Seller, its employees, agents or subcontractors. The Seller will notify Ekeone before joining any other global fashion marketplace that operates a dropship model. As Ekeone prides itself on offering only the most unique products, there may be a conflict of interest. If Ekeone feels there is a conflict of interest with the Seller joining another marketplace, Ekeone has the right to ask the Seller to not feature there, and if the Seller refuses, this can be deemed a breach of contract. Ekeone is not a party to any agreement that is entered into between the Seller and their payment gateway provider.

32. SELLER DASHBOARD (CONTENT MANAGEMENT )

Ekeone will provide Seller’s access to the Seller Dashboard, enabling Sellers to establish their own store and manage all product details and Customer orders. Ekeone has the right to remove any products that they feel don’t fit with their brand guidelines. Ekeone will provide Sellers with all of the necessary support and training to make use of the Seller Dashboard, enabling the Seller to manage their store on the Website. The Seller will: a) Ensure that the Seller’s computer hardware and software is up-to-date and virus-free; b) Comply with the content standards set out in Ekeone’s user guides when uploading material to Ekeone’s Website. c) Not misuse Ekeone’s Website by knowingly introducing viruses, trojans, worms, logic bombs, or other material, which is or may become malicious or technologically harmful. d) Not attempt to gain unauthorized access to Ekeone’s Website, the server on which the Website is stored, or any server, computer, or database connected to Ekeone’s Website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. \ The Seller Dashboard requires the Seller to register a password. The Seller will keep any such password confidential, not disclose it to any third party and notify Ekeone if the Seller suspects there has been any improper use or disclosure of the password. The Seller is responsible for any access to or use of a Seller Store that is made with the Seller’s password unless and until the Seller has notified Ekeone of any suspected improper use. Managing the Seller Store Ekeone will provide the Seller with instructions on how to establish and manage its Store, by providing the Seller with a User Guide and supporting videocast. The Seller will not advertise or link any reference to any other business or website (including Seller’s website) in the Ekeone Seller Store without the prior consent of Ekeone. The Seller will ensure that the Seller’s details on the Website and Seller Dashboard are true, accurate, not be false, inaccurate or misleading, not offensive, indecent, obscene, pornographic, menacing, abusive, defamatory, or in poor taste, and not cause Ekeone’s Website or any part of it or the Seller Dashboard of the Seller or any other registered Seller to lose its functionality or cause to the same to be interrupted, damaged or impaired in any way. If any information provided by the Seller on the Seller Dashboard is false, Ekeone may suspend or terminate the Seller Dashboard and shopfront on the Website. The Seller will ensure that all products offered for sale are of a consistently high quality and uniqueness. The Seller acknowledges that Ekeone retains the absolute and unconditional right to determine the visual identity and branding of its Website and that of other Sellers.

33. SUPPLY AND COST OF PRODUCT

The Seller will offer, sell and supply products to Customers who use the Website on the Standard Customer Terms and on no other terms and conditions. The Seller should obtain its own legal advice to determine whether this Agreement, the Website, and the Standard Customer Terms are suitable for the Seller and its products. The Seller will be responsible for setting their own pricing on the site, and any discrepancies in pricing due to wrongly input information will be a cost borne by the Seller, not Ekeone. The Seller’s pricing must be in line with that of their own website, and they must not mark up any prices when featuring on the Ekeone website. Pricing refers to the RRP, Sale Price, and Delivery Charges advertised on the website. Sellers must update the Seller Dashboard daily to notify customers of trackable shipping details and respond to customer queries and complaints. All correspondence between Seller and Customer and any queries and/or complaints are to be responded to and actioned within 24 hours (Monday-Friday) by the Seller and dealt with in a professional manner. Should Sellers be on vacation or not able to fulfill the order in the time frame stated, products on sale must be removed from the website or the designers must switch their store to Vacation Mode. Taxations Sellers are responsible for their own taxation. Ekeone bears no responsibility or liability for a Seller’s tax or duty fees. Sellers who benefit from zero-rated exports in their Home Country, need to ensure they maintain all records required by law to support such taxation benefits. Ekeone bears no liability for tax subsequently charged on these exports in the event of the Seller’s non-compliance to their Home Country rules and regulations.

34. EKEONE’S ROLE

Ekeone will be responsible for advertising Seller’s products through the Website, for driving Customer traffic, and promoting Seller’s products on the site through SEO, Social Media campaigns (Facebook, Instagram, Pinterest, Twitter), PPC, PR Campaigns and other forms of offline marketing. Ekeone may use currency exchange rate tools to allow consumers to purchase products using multiple currencies. The rates applied will be controlled by Ekeone, and Ekeone will do its best to ensure they are updated regularly but takes no liability or responsibility if these are not always accurate. Any exchange rate fees applied the payment gateway provider will be borne by the Seller, not Ekeone. The Seller has the ability to mark-up pricing by a small percentage when accepting payments in a different currency through the Seller Dashboard, although any price adjustments must be in line with the pricing on their own website. From time to time, Ekeone may offer a discount on all items advertised through the Website. If Ekeone conducts a product promotion on the Website, any associated costs with regards to that specific promotion will be incurred by Ekeone, not the Seller, except if the Seller has chosen to also discount their product at the same time. Seller Payments Sellers will receive payments via PayPal within 30 days from when the sold item(s) were sent to the customer, however, we aim to pay designers as soon as practically possible. Ekeone will use PayPal to transfer funds. All Sellers need to add their PayPal account details to their dashboard in order to be paid out. Any exchange rate fees applied by PayPal or Shopify (payment gateway provider) will be borne by the Seller, not Ekeone. Customer Orders and Order Fulfilment Upon notification of a Customer Order, the Seller must Acknowledge the order in the Seller Dashboard within 24 hours and fulfill the Order by shipping the relevant product within 2 Business days or within such other period specified in the Seller’s Store. The Seller will include the Ekeone dispatch note upon fulfilling the order and other marketing material required by Ekeone from time to time. The Seller will not include the Seller’s Website URL, contact particulars, or any marketing materials with a Customer order or inquiry, other than what is required in this Agreement. If the Seller ships a product in fulfillment of an Order and the Customer does not receive the product for any reason, the Seller will promptly notify the Customer that alternative fulfillment arrangements have been made. The Seller will under no circumstances add the customer’s details to their own database for marketing purposes. Returns, refunds, disputed payments, and dissatisfied Customers The Seller will adopt and adhere to the Ekeone Returns Policy and must respond to Customer queries or complaints within one business day of receiving the Customer query or complaint. As set out in the Returns Policy, if a Customer changes their mind about a product that the Customer has purchased, the Customer notifies the Seller directly and the Customer will arrange for shipment of the product back to the Seller. The Customer will be required to use a trackable or signed for delivery service, at the Customer’s cost (unless otherwise pre-agreed with the Seller). The Seller will need to notify Ekeone of all pending refunds. On an Ekeone approved refund, the Seller will either arrange a refund to be made via their Adyen account (where applicable) or have the refund amount accounted/deducted from subsequent pay-outs. Products not eligible for a Return, include: a) Products marked “sale”; b) Personalised or made to order items, e.g. with a specific name, fabric, message, or other customized aspects; c) Personal products such as earrings and hair accessories; d) Products that are made up in your own choice of fabric or material or are specially commissioned for the Buyer. (“Closed-out products”). e) Gift vouchers If the product is faulty, the Customer will be required to take photo proof of the faulty product and send it directly to the Seller. The Customer will be offered a replacement or repair for any faulty product or issue a full refund. Ekeone Commission and Fees Ekeone takes a 5 Percent Commission per sale. This commission fee is applied to the total amount received per sale, including the RRP (or sale price if applied), any add ons, and delivery charges received. The Seller will also be responsible for any payment gateway fees. Exclusions of and Limitations on Liability The Seller acknowledges and agrees that it is not possible for Ekeone to ensure that the Website is available at all times or that it is error-free or virus-free and the Internet is not necessarily a secure or reliable method of communication. Ekeone has systems to back up information on the Website, however, the Seller should retain a copy of Seller’s details in the Seller Dashboard if those details are required to be reloaded to the Seller Dashboard. Ekeone is not liable for any failure to properly send or receive communications (including Orders) via the Internet, or to make available the Website, due to any interference or failure of the Website. Intellectual Property Rights Seller grants Ekeone a worldwide, non-exclusive, royalty-free license (including the right to sublicense) to use, reproduce and communicate to the public the Seller’s Information during the term of this Agreement, either as part of the Website (including in response to search requests or when displaying a list of products sorted by product category) or for promotional purposes relating to Ekeone or the Website in any medium; and after the Term: for archival, record-keeping and related and incidental purposes. Seller represents and warrants that the products displayed on its Store and Seller’s Information do not infringe the Intellectual Property Rights of any third party. Seller indemnifies Ekeone against any Loss that Ekeone may suffer or incur as a result of any Claim brought against Ekeone that the products or images displayed on its Seller Store or the Seller Dashboard infringe the Intellectual Property Rights of any third party. Ekeone or its licensors retain ownership of all Intellectual Property Rights in and to the Website (other than Seller’s details). Except as expressly permitted by this Agreement, Seller will not use or reproduce Ekeone’s name, logo, or trademarks without Ekeone’s prior written approval. Termination Either party may terminate this Agreement at any time without cause by giving one month’s written notice of termination to the other party. Ekeone can terminate a Seller immediately if they are seen to have broken any of the terms of this Agreement. On termination of this Agreement, Ekeone may immediately remove Seller’s Store and Seller Dashboard from the Website, and the Seller will continue to perform its obligations under this Agreement for Orders received before termination. After a Seller’s store and Seller’s Dashboard have been removed from the Ekeone website, the Seller name may still be linked to Ekeone’s website via cookies and through images or marketing materials that were created pre-termination. Ekeone has no obligation to remove these images or links, as they were created before termination was received.

35. MISCELLANEOUS

The Seller will comply with all reasonable guidelines provided from time to time by Ekeone relating to the operation of the Website. The Seller may only use the information that Ekeone provides to the Seller in relation to a Customer for the purposes of providing the Customer with products that are purchased by the Customer using the Website. The Seller will not use such information for marketing or any other purposes. During and after the termination of the Agreement, Ekeone and the Seller may only use the other party’s Confidential Information for the purposes of exercising its rights or performing its obligations under this Agreement. Otherwise, each party will keep the other party’s Confidential Information confidential and will not disclose, or cause or permit the disclosure of, such information except with the prior written consent of the other party. This Agreement is governed by the laws of England and Wales. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. Waiver of any right, power, authority, discretion, or remedy arising on default under this Agreement must be in writing and signed by the party granting the waiver.

36. DEFINITIONS AND INTERPRETATIONS

Advertised Price means the price advertised on the website. Commission Fee means 5%, Percentage of the Total Transaction Price, including the Advertised Price, shipping fees, and any associated taxes. Confidential Information means all trade secrets, know-how, business, and financial information and other proprietary information or data disclosed to one party by the other or incorporated in materials or products provided to one party by the other and marked or indicated to be confidential. Customer means a user of the Website for the purposes of purchasing products. Home Currency means the currency used for financial transactions in which the Seller company is registered. Home Country means the country in which the Seller’s company is registered. Seller means a company that has accepted the terms and conditions of this Agreement by opening a shop front on the Website. Seller Dashboard means the Content Management System located on the Ekeone Website, where the Seller can upload product information, inventory and manages sales. Seller Store means the shop front found on the Website specific to the Seller. Returns Policy, Customers can return or exchange any product, except those products listed for any reason, within 14 days of receipt. Standard Customer Terms means the terms and conditions that the Customer is bound by when accessing the Ekeone Website Website means Ekeone published website located at URL https://www.ekeone.com Ekeone is owned by 106 Business Solutions Limited UK and a company registered in the United Kingdom and Wales at 86- 90 Paul Street London EC2A 4NE. Company number 10905688 and its subsidiary, 106 Business Solutions Limited Estonia Company number 16531018

37. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

106 Business Solutions Limited

England

info@106businesssolutions.com ; info@ekeone.com