PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
1. Application and acceptance of the terms
1.2 You may not access or use the Services or the Sites or accept the Terms if (a) you are not of legal age to enter into a binding agreement with NaturaCert.com, or (b) you are not authorized to receive Services under applicable law. Hong Kong or other countries or regions, including the country or region in which you reside or from which you access and use the Services and Sites.
1.3 NaturaCert may modify any of the Terms at any time by posting the corresponding modification and updated Terms on the Sites. By continuing to access or use the Services or the Sites, you agree that the revised and consolidated Terms apply to you.
1.4 If NaturaCert has posted or provided a translation of the English version of the Terms, you agree that the translation is provided for convenience only and that the English version will govern your access to and use of the Services or the Sites.
1.5 For any Services (or features within the Services) you may be required to enter into one or more separate agreements, whether online or offline, with NaturaCert ba or our affiliate (each an “Additional Agreement”). In the event of a conflict or inconsistency between the Terms and an Additional Agreement, only the Additional Agreement will prevail over the Terms with respect to the Service (or features within the Service) in question.
1.6 The Terms may only be modified in writing by an authorized representative of NaturaCert
2. Provision of Services
2.1 You must register as a member on the Sites in order to access and use some Services. In addition, NaturaCert reserves the right, without prior notice, to restrict access to or use of certain Services (or any features of the Services) to paying Users or subject to other conditions that NaturaCert may impose in its sole discretion.
2.2 The Services (or any features in the Services) may vary based on different regions and countries. No warranty or representation is made that a Service or a particular feature or function thereof, or the same type and scope of Service, will always be available to Users. NaturaCert may, at our sole discretion, limit, deny or create different levels of access to use any of the Services (or any features thereof) with respect to different Users.
2.4 NaturaCert ba.com may start, change, update, impose conditions on, suspend or stop the provision of any of the Services (or any feature of the Services) without prior notice, except that, in the case of a Service of payment, such changes do not substantially negatively affect the possibility of enjoying said Service by paying Users, except for Users from Relevant NaturaCert Jurisdictions. With respect to Users of Relevant Jurisdictions, NaturaCert may launch, change, update, impose conditions on, suspend, or discontinue any Service (or any feature of the Services) without prior notice except that, in the case of paid Services, such changes will not materially adversely affect the ability of such paying Users to enjoy such Service.
2.5 Some Services (or parts thereof) may be provided by companies affiliated with NaturaCert ba.com on behalf of NaturaCert
2.6 The promotional services provided by NaturaCert in accordance with the terms established herein will include: 1) Top Ranking and list of sponsors; 2) services that benefit, promote, support, either directly or indirectly, the user’s business, user’s brand, product, store, logo, trademark, service mark, User Content ( as defined in clause 3.7 of the Terms) and/or derivative work using the User Content in the software, applications, tools, browser extensions and/or platforms operated and/or controlled by NaturaCert and/or in the software. , applications, channels, platforms, websites and/or any other form of media that are operated and/or controlled by third parties (“Third Party Channels”), and 3) any other services that may be advertised by NaturaCert when applicable. .
NaturaCert may, in its sole discretion, determine whether the Promotion Services or any part of them will be available to the client.
3. Users in general
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 you will not (a) copy, reproduce, download, republish, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or listings , etc., that are available on or through the Sites (hereinafter the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any content on the Site for the purpose to undertake a commercial activity that competes with NaturaCert, nor will it commercially exploit the contents of the Site. 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 permission is prohibited. in writing from NaturaCert. 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 that regulate the protection and use of personal information about Users that is in the possession of NaturaCert and our affiliates:
3.4 Users may access content, products or services offered by third parties through hyperlinks (in the form of text links, advertisements, channels or otherwise), API interfaces or otherwise on the Websites of said third parties. You are encouraged to read the terms and conditions and/or privacy policies of such websites before using the Sites. You agree that NaturaCert has no control over, does not monitor, and shall not be responsible for, or responsible for, any such third party websites, or any content, products or services available on or through such websites. websites.
3.5 You agree not to take any action to undermine the integrity of NaturaCert’s or any other User’s computer systems or networks, or to gain unauthorized access to such computer systems or networks.
3.6 You agree that you will not take any action that may affect the integrity of NaturaCert’s feedback system, such as by leaving positive feedback about yourself through the use of other Member IDs or through third parties, or by leaving unjustified negative feedback about yourself. another User.
3.7 By posting or displaying any logo, trademark, service mark, trademark, description/information in product listings, and any other information, content or material on the Sites (any such information, content or material, referred to as collectively as – “User Content”) or by providing any User Content to NaturaCert and/or its affiliates and their respective representative(s), and to the extent permitted by applicable law, you grant an irrevocable, perpetual, worldwide, royalty-free and sublicensable license (through multiple levels) to NaturaCert and/or its affiliates and their respective representatives to display, transmit, distribute, reproduce, publish, reproduce, adapt, modify , translate, create derivative works using the User Content, remove any part of it (including, without limitation, the watermark or brand that the User Content bears) or use of or otherwise all or part of the User Content in any form, medium or technology known or unknown today, in any way and for any purpose that may be beneficial to NaturaCert, the operation of the Sites, the provision of any of the Services or the commercial activity of the User. You confirm and guarantee to NaturaCert that you have all the rights, powers and authority necessary to grant the aforementioned license and the User Content and the use of said User Content (including derivative works) by and/or its affiliates in the framework of such license is free from any infringement or violation of any Third Party Rights (as defined in clause 5.4 of the Terms). To the fullest extent permitted by law, you waive your right to assert your Intellectual Property Rights in User Content against NaturaCert and/or its affiliates, assigns or sublicensees in connection with the use of such User Content in connection with with the Services. The information protected in accordance with the data protection regulations will be kept and used only as provided in said regulations.
4. Member Accounts
4.1 You must be registered on the Sites to access or use some of the Services (a registered User is also referred to hereinafter as a “Member”). Except as approved by NaturaCert, a User may only register one member account on the Sites. NaturaCert may cancel or suspend a User’s member account if it has reason to suspect that the User has registered or has control of two or more member accounts at the same time. In addition, NaturaCert may reject a User’s registration request for any reason.
4.2 Once registered on the Sites, NaturaCert will assign an account and provide, for each registered User, a member identification and a password (the latter will be chosen by the user during registration). An account may have an Internet email account with limited storage space so that the Member can send or receive email messages.
4.3 The set of Member ID and password is unique for each account. Member shall be solely responsible for maintaining the confidentiality and security of their Member ID and password, and for all uses and activities that occur under the account (whether or not such use or activities are authorized). No Member may share, assign, or permit the use of their Member account, ID, or password to another person, including other individuals within such Member’s own business entity (if any). The Member agrees to notify NaturaCert immediately if he becomes aware of any unauthorized use of his password or his account, or of any other breach of the security of his account.
4.4 Member agrees that all use of the Sites and Services, and all activities conducted through your account (including, without limitation, posting any company or product information, clicking to accept the Agreements, or additional rules, subscribing or making any payment for any service, sending emails with the email account or sending SMS) are deemed to have been authorized by such Member.
4.5 The Member acknowledges that sharing their account with other people or allowing multiple users outside of their business entity to use their account (hereinafter collectively referred to as “multiple use”) may cause irreparable harm to NaturaCert or other Users. of the Sites. The Member will hold NaturaCert, our affiliates, directors, employees, agents and representatives harmless from any loss or damage (including, without limitation, lost profits) that they may suffer as a result of the multiple use of their account. The Member also agrees that, in the event of multiple use of their account or failure to maintain the security of their account, NaturaCert will not be liable for any loss or damage arising from such infringement and will have the right to suspend or cancel the Member’s account. without liability in relation thereto if any of the above circumstances occur.
5. Member Responsibilities
5.1 The Member acknowledges, warrants and agrees that (a) it has full authority to accept the Terms, grant the license and authorization and carry out the obligations contained herein; (b) you will access and use the Sites and Services solely for business purposes; and (c) for those members who are business entities, the address you provided during registration is the principal place of business for your business entity. For the purposes of this provision, a branch or a liaison office will not be considered as independent entities and its main place of business will be its headquarters.
5.2 The Member will be obliged to provide information or material about his entity, company or products and services as part of the registration process on the Sites for access and use of any Service or member account. The Member acknowledges, warrants and agrees that (a) such information and material, whether presented during the registration process or subsequently during the use of the Sites or the Service, are true, accurate, current and complete, and (b) will maintain and will promptly correct all information and materials to keep it true, accurate, current and complete.
5.4 Member acknowledges, warrants and agrees that (a) Member shall be solely responsible for obtaining all necessary licenses and permissions from third parties with respect to any User Content that Member submits, posts or displays; (b) any User Content you submit, post or display does not infringe or violate any copyright, patent, trademark, trade name, trade secret or any other personal or proprietary right of any third party (hereinafter referred to as “Third Party Rights“); and (c) you have the authority to sell, trade, distribute, export or offer for sale, 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 Right of third parties.
5.5 Member acknowledges, warrants and agrees that User Content submitted, posted or displayed:
a) will be true, accurate, complete and legal;
b) will not be false, misleading or misleading;
c) will not contain information that is defamatory, libelous, threatening or harassing, obscene, offensive, sexually explicit or harmful to minors;
d) will not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
e) will not violate the Product Listing Policy, other Terms, or any applicable Additional Agreements;
f) violate any applicable law or regulation (including, but not limited to, those governing export/import control, consumer protection, unfair competition, price gouging, or misleading advertising), or promote any activity that may violate applicable laws and regulations;
g) will not contain any direct or indirect link to any other Website that includes any content that may violate the Terms.
5.6 The Member further acknowledges, warrants and agrees that it shall:
a) conduct your activities on the Sites in accordance with applicable laws and regulations;
b) conduct your business transactions with other users of the Sites in good faith;
c) carry out your activities in accordance with the Terms and any applicable Additional Agreements;
d) not use the Services or the Sites to defraud any person or entity (including, without limitation, the sale of stolen items or the use of stolen credit or debit cards);
e) not impersonate any person or entity, or misrepresent your identity or affiliation with any person or entity;
f) no spamming or phishing;
g) not engage in any other illegal activity (including, without limitation, that which could constitute a crime, give rise to civil liability, etc.) or encourage or abet any illegal activity;
h) not to get involved in attempts to copy, reproduce, exploit or expropriate the various directories, databases and listings owned by NaturaCert.
i) not to use any type of computer virus or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, or data or personal information;
j) not to imply any plan to undermine the integrity of the data, systems or networks used by NaturaCert or any user of the Sites or to obtain unauthorized access to said data, systems or networks;
k) be aware that it is not, and that its director(s), officer(s), controlling party(ies), affiliate(s) and legal jurisdiction in which any of the persons or entities above is organized or carries out operations are not, persons or entities that are subject to any economic sanction or fraud of any government, international or regulatory entity; Y
l) not participate in any activity that may otherwise create any type of liability for NaturaCert or our affiliates.
5.7 The Member may not use the Sites, the Services or the member account to engage in activities that are identical or similar to commercial activity in the NaturaCert e-commerce sector.
5.8 If Member provides a business contact person, Member represents, warrants and agrees that it has obtained all necessary authorizations, approvals and waivers from such reference contact to (a) act as your business contact person; (b) submit and post your details and contact information, letters of reference and comments on your behalf; and (c) third parties may contact such business contact person to support claims or representations made about you. You further warrant and agree that all reference letters and comments are true and accurate, and that business contact persons may be contacted by third parties without obtaining your consent.
5.9 The Member agrees to provide all necessary information, materials and approval, and to provide all reasonable assistance and cooperation necessary for NaturaCert to provide the Services, assess whether the Member has breached the Terms or manage any complaint against the Member. Member. If the Member’s failure to comply with the foregoing results in the delay, suspension or termination of the provision of any Service, NaturaCert shall not be required to extend the relevant service period nor shall it be liable for any loss or damage arising out of or in connection with such delay, suspension or termination.
5.10 The Member acknowledges and agrees that NaturaCert reserves the right to, but shall not be obligated to, actively monitor or exercise any type of editorial control over the content of any message or other material or information (including User Content) created, obtained or accessible through the Service or the Sites. NaturaCert does not endorse, verify or otherwise certify the content of any comments or other material or information (including User Content) created, submitted, uploaded, displayed or otherwise provided by Members. The Member is solely responsible for the content of their communications and may be held legally responsible or liable 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 their business use and not for individual consumer or personal use.
5.12 The Member acknowledges and agrees that the Member is solely responsible for compliance with applicable laws and regulations in their respective jurisdictions, in order to ensure that access to and use of the Site and the Services is carried out in accordance with the themselves.
5.13 The Member represents, warrants and agrees that
a) you and your affiliates shall comply with applicable laws and regulations in the conduct of your respective businesses (including without limitation applicable laws and regulations regarding product safety, intellectual property rights, data privacy, protection of consumer, product certification or regulations, import and export control, unfair competition, price manipulation, false advertising, labor, environment, health and safety, anti-bribery and anti-money laundering);
b) you and your affiliates are not subject to any trade restrictions, sanctions or other legal restrictions enacted or proposed to be enacted by any country, international organization or jurisdiction (“Relevant Subjects”);
c) you and your affiliates do not offer products or services that may give rise to international trade restrictions, sanctions or other legal restrictions by any of the Relevant Subjects;
d) neither you, nor any of its parent companies or subsidiaries, directly or indirectly, negotiate or provide funds, goods or services to the Relevant Subjects;
e) you will comply at all times with all applicable export control and sanctions laws and regulations with respect to products, services, software and technologies in use of the Services, including sanctions rulings, laws and regulations enacted and applied by the United Nations Security Council, the People’s Republic of China, the United States of America and any other country;
f) if you and your affiliates are a Seller of products that require a warning under California Health and Safety Code Section 25249.6 (the “Proposition 65 Warning”) you and your affiliates must (a) immediately post the Proposition 65 warning on product detail page as required by applicable law; (b) authorize NaturaCert to post the Proposition 65 Warning on your behalf; and (c) may only revise or remove a Proposition 65 Warning from a product when the Proposition 65 Warning needs to be modified or is no longer legally required, as appropriate; and
g) You and your affiliates are responsible for ensuring that your products comply with the laws and regulations of the destination country/region, incl. relevant labor laws and regulations. If a product is not permitted in one or more markets, the Sites reserve the right to remove product listings from, OR STOP THE SALE OF ANY PRODUCTS IN, those markets.
If, at any time, you fail to meet any of the above requirements, you must stop using the Services immediately. If NaturaCert reasonably believes that any of your conduct violates or threatens to violate any applicable law or regulation, NaturaCert may, in its sole discretion, at any time take action it deems appropriate in light of the circumstances, including, without limitation, termination. of providing services to you, closing relevant purchase orders, and terminating your accounts, while reserving all rights it may have with respect to any non-compliance actions or the conduct of its members.
6. Member Violations
6.1 NaturaCert reserves the right, in its sole discretion, to remove, modify or reject any User Content (in whole or in part) that you submit, post or display on the Sites that we reasonably believe (i) violates any law and applicable regulation (ii) violates the Terms set forth herein, (iii) may cause NaturaCert or our affiliates a liability, (iv) infringes any Third Party Rights, (v) may damage the interests of our Members, third parties or NaturaCert or our affiliates, or (vi) is otherwise deemed inappropriate in NaturaCert’s sole discretion.
6.2 If a Member breaches any of the Terms, or if NaturaCert has reasonable grounds to believe that a Member has breached any of the Terms, NaturaCert shall have the right to: take any disciplinary action it deems necessary, including without limitation: (i) suspend or cancel the account of the same and each and every one of the user accounts that are determined to be related to it by NaturaCert at its sole discretion without incurring liability for any loss or damage arising from or in connection with said suspension or termination; (ii) restrict, downgrade, suspend or terminate your subscription to, access to, or current or future use of any Service; (iii) remove any product listings or other User Content that Member has submitted, posted or displayed, or place restrictions on the number of product listings Member may post or display; (iv) impose other restrictions on the Member’s use of any feature or function of any Service that NaturaCert deems appropriate in its sole discretion; and (v) any other corrective, disciplinary or sanction measures that NaturaCert may deem necessary or appropriate in its sole discretion.
6.3 Without limiting the generality of the Terms, a Member is deemed to be in breach of the Terms in any of the following circumstances:
a) upon third party complaint or claim, if NaturaCert has reasonable grounds to believe that such Member has voluntarily or materially failed to comply with the agreement with such third party, including, without limitation, if the Member who has supplied products or services using the Site and the Services have not delivered any items ordered by such third party after receipt of the purchase price or where the products shipped by such Member do not materially conform to the terms and descriptions in your agreement with such third party;
b) if NaturaCert has reasonable grounds to suspect that said Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty;
c) if NaturaCert has reasonable grounds to suspect that any information provided by the Member is not current or complete, or is false, inaccurate or misleading; or
d) if NaturaCert believes that the Member’s actions may cause financial loss or legal liability for NaturaCert, our affiliates or other Users.
6.4 NaturaCert reserves the right to fully cooperate with government or regulatory authorities, police forces, private investigators and/or injured third parties, in the investigation of any alleged criminal or civil irregularity. In addition, to the extent permitted by applicable law and policy, NaturaCert may disclose the Member’s identity, contact information, and/or information related to the Member’s account(s), transactions, or activities conducted on or through the Site. , at the request of a government, regulatory or law enforcement agency, an injured third party, or as a result of a subpoena or other legal action, when disclosure of that information would be lawful under applicable law. NaturaCert will not be responsible for the damages or results derived from said disclosure, and the Member under
6.5 NaturaCert, at any time and in our reasonable discretion, may limit, suspend or terminate the Member’s use of any Service or the Sites without liability to the Member, if NaturaCert has received notice that the Member has breached any agreement or commitment with any affiliate of NaturaCert, including, but not limited to, Taobao, Alipay and China Yahoo!, and such breach involves or is reasonably suspected to involve dishonest or fraudulent activities. NaturaCert reserves the right to, but shall not be obliged to, investigate said breach or request confirmation from the Member.
6.6 The Member agrees to indemnify NaturaCert, our affiliates, directors, employees, agents and representatives, and hold them harmless for any damage, loss, claim and liability (including legal costs on a full indemnity basis) that may arise from your submission, posting, or display of any User Content, your access to or use of the Sites or Services, or your breach of the Terms or any Additional Agreement.
6.7 The Member further agrees that NaturaCert is not responsible and shall have no liability to you or any other person for any User Content or other material transmitted through the Sites or the Services, including fraudulent, false, misleading , inaccurate, defamatory, offensive or unlawful and that the risk of harm from such User Content or type of material is the sole responsibility of the Member. NaturaCert reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to release by Member, in which event Member will cooperate with NaturaCert in asserting any available defenses.
takes not to initiate any action or claim against NaturaCert for said disclosure.
7. Transactions between buyers and sellers
7.1 Through the Sites, NaturaCert offers web-based electronic platforms for the exchange of information between buyers and sellers of products and services. NaturaCert also provides web-based electronic transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the supply of products and services online within the Sites, subject to the terms of the Agreement. Transaction Services Agreement. However, NaturaCert does not represent in any of the Services neither the seller nor the buyer in the specific transactions. NaturaCert does not control and is not responsible or liable for the quality, safety, legality or availability of the products or services offered for sale on the Sites; the ability of sellers to make a sale or the ability of buyers to make a purchase.
7.2 Users are hereby informed that there may be risks in making agreements with persons acting through fraudulent means. NaturaCert uses various techniques to verify the accuracy of certain information that paying Users provide when registering for a paid subscription service on the Sites. However, because the verification of users on the Internet is difficult, NaturaCert cannot and does not confirm the alleged identity of the User (including, but not limited to, paying Members). We encourage you to use a variety of means and common sense in evaluating who you are dealing with.
7.3 Buyers and sellers who access or use the Sites or Services bear the risks of conducting any buying and selling transactions in connection with or concluded through the Sites or Services. Buyers and sellers who access or use the Sites or Services also fully assume all risks of liability or damages of any kind that may arise from or in connection with subsequent activity related to the products or services that are the subject of transaction to through the Sites. Examples of such risks include, but are not limited to, misinformation about products and services, fraudulent actions, poor product quality, failure to meet specifications, defective or unsafe products, illegal products, delay or failure to delivery or payment, miscalculation of costs, breach of warranty, breach of contract, accidents during transportation, risks that the manufacture, import, export, distribution, offer, sample, purchase, sale and/or use of the products or services offered or displayed on the Sites may infringe or may be considered to infringe Third Party Rights, and the risk that Users may incur defense costs or other costs in connection with the claim by third parties of Third Party Rights, or in connection with any claim by any party that it is entitled to defend or be indemnified or in connection with claims by claimants of rights, petitions or claims of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end users of the products, or other third parties claiming injury or damage due to the use of products obtained through the Sites or Services. All of the above risks are called “Transaction Risks”. NaturaCert is not responsible or liable for any damage, claim, liability, cost, harm, inconvenience, business interruption or expense of any kind that may arise as a result of or in connection with any Transaction Risk.
7.4 Buyers and sellers of the Sites are solely responsible for setting and abiding by the terms and conditions of any transactions conducted on, through or as a result of the use of the Sites or the Services, including, without limitation, terms relating to payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the Transaction Services Agreement (and, in particular, clause 3.2).
7.5 The User undertakes to provide all the information and materials that NaturaCert may reasonably require in relation to their transactions carried out on, through or as a result of the use of the Sites or Services. NaturaCert has the right to suspend or terminate any User’s account if the User fails to provide the necessary information and materials, without liability for any loss or damage arising from or in connection with such suspension or termination.
7.6 In the event that a User has a conflict with any party to a transaction, such User agrees to release and indemnify NaturaCert (and our agents, subsidiaries, directors, representatives and employees) from any claim, demand, action, proceeding , cost, expense, or damage (including, without limitation, any actual, special, incidental, or consequential damages) arising out of or in connection with any such dispute or transaction.
8. Limitation of liability
8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY NaturaCert ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “AS FAULTY” BASIS, AND NaturaCert EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXCLUDED.
8.2 TO THE FULLEST EXTENT PERMITTED BY LAW, NaturaCert MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; NaturaCert DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORT, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE OR USE OF THE PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES; AND NaturaCert MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.
8.3 Any material downloaded or obtained through the Sites or Services is done at the User’s own risk and expense, who will be solely responsible for any damage to NaturaCert’s computer system(s) or their own, or any loss of data that may result from the download of such material. No advice or information, whether oral or written, obtained by any User of NaturaCert or through or from the Sites will imply any guarantee that is not expressly contained in this document.
8.4 The Sites may make available to Users services or products offered by independent third parties. No warranties or representations are made in connection with such services or products. In no case, NaturaCert or our affiliates will be responsible for any of these services or products.
8.5 The User agrees to indemnify and hold harmless NaturaCert, our subsidiaries, directors, representatives and employees, from each and every one of the losses, claims and obligations (including legal costs on the basis of full compensation) that may arise from the such User’s access to or use of the Sites or Services (including, without limitation, the submission, publication or display of such information and User Content on the Sites, Alibaba Channels or Third Party Channels under Promotion Services) or their breach of any of the representations and warranties set forth herein and the terms and conditions of the Terms. The User also agrees to indemnify and hold harmless NaturaCert, our subsidiaries, directors, representatives and employees, from any and all losses, damages, claims and obligations (including legal costs based on full compensation) that may arise from the breach by the User of any type of guarantee made by the User to NaturaCert, including, among others, those established in clause 5 herein.
8.6 In addition, by means of this document, the User undertakes to indemnify and exempt NaturaCert, our subsidiaries, directors, representatives and employees, from each and every one of the losses, damages, claims, responsibilities (including legal costs on basis of full indemnification) that may arise, directly or indirectly, as a result of claims made by any Third Party Rights claimant or other third parties in connection with User Content, information and/or products offered or displayed on the Sites. Sites. The User further agrees that NaturaCert is not responsible, and shall have no liability to you, for any material posted by others, including defamatory, offensive, or unlawful material, and that the risk of damage from such material is the sole responsibility of the User. NaturaCert reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to release by you, in which event you will cooperate with NaturaCert in asserting any available defenses.
8.7 NaturaCert shall not be liable for any special, direct, indirect, punitive, incidental, consequential or other damages (including, but not limited to, damages for lost profits or lost savings, business interruption or loss of information), whether under contract, tort, negligence, equity or otherwise, or any other damage resulting from any of the following:
a) the use or inability to use the Sites or the Services;
b) any defect in the products, samples, data, information or services purchased or obtained from a User or another third party through the Site or the Services;
c) the infringement of Third Party Rights or claims or requests that the manufacture, import, export, distribution, offer, exhibition, purchase, sale or use of products or services offered or displayed by the User on the Sites or through the Services may infringe or may be considered to infringe the Rights of third parties; o Claims by any of the parties that are entitled to a defense or indemnity in connection with the claims of rights, petitions or claims of the claimants of Third Party Rights;
d) unauthorized access by third parties to the data or private information of any User;
e) the statements or conduct of any User of the Sites or the Services; or
f) any matter related to the Sites or the Services that may arise, including negligence.
8.9 The limitations and exclusions of liability to which you are entitled under the Terms will apply to the maximum extent permitted by law and will apply regardless of whether NaturaCert has been informed or should have been aware of the possibility of such occurrences. such losses.
9. Overwhelming force
9.1 NaturaCert is not responsible nor is it obliged to pay any compensation for any type of loss derived from the lack of availability, inconveniences or failures of the services or systems for the following reasons (i) the closure of the system for its maintenance; (ii) the inability to transmit data due to breakdowns in communications terminals or telecommunications equipment; (iii) system failure and inability to perform your duties due to force majeure events, including but not limited to typhoons, earthquakes, tsunamis, floods, power outages, fires, storms, wars, political unrest, labor strikes, shortages of labor or materials, riots, insurrections, civil disturbances, terrorist attacks, explosions, fortuitous events, government actions, orders of national or foreign courts or tribunals, breach of third parties; or (iv) suspension or delay of services or system breakdowns for reasons beyond the reasonable control of NaturaCert, such as hacker or cyber attacks, technical adjustments or failures of the telecommunications department, website updates, third party problems o any suspension or disruption of transportation or business operations (including, without limitation, delays or disruption of the resumption of work or operations ordered by any government agency) in the event of national or regional spread of an epidemic or pandemic.
10. Intellectual Property Rights
10.2 “ALIBABA”, ” NaturaCert ”, ” NaturaCert ” and related icons and logos are registered trademarks, trademarks or service marks of Alibaba Group Holding Limited; in Relevant Jurisdictions, “NaturaCert”, “АЛИЭКСПРЕСС” and related icons and logos are registered trademarks or trademarks or service marks of NaturaCert Russia Holding Private Limited, and the trademark “TMALL” is licensed to NaturaCert Russia Holding Private Limited; and “GOLD SUPPLIER”, “TRUSTPASS” and related icons and logos are registered trademarks, trademarks or service marks of NaturaCert Limited in various jurisdictions, and are protected by copyright, trademark and other laws. property rights laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.
10.3 NaturaCert may rely on independent third parties to provide the Services (for example, service authentication and verification providers). You may not use any trademark, service mark or logo of such independent third parties without their prior written permission.
10.4 To the fullest extent permitted by applicable law, all right, title and interest in and to all derivative works created by NaturaCert and/or its affiliates using the User Content in accordance with the Terms shall belong to NaturaCert, which may be assigned, licensed or freely granted by NaturaCert to any third party or its affiliates.
11.1 All legal notices or petitions for or about NaturaCert (other than those for or about NaturaCert Russia Holding Pte Ltd.) must be in writing and sent to NaturaCert personally, by courier or registered mail to the following entity and address: NaturaCert Hong Kong Limited/ NaturaCert Singapore E-Commerce Private Limited/Hangzhou NaturaCert Advertising Co. Ltd (as applicable), 26/F Tower One, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong, A/A: Legal Department . All legal notices or petitions to or about NaturaCert Russia Holding Private Limited (related to NaturaCert Sites) must be in writing and sent to NaturaCert personally, by courier or certified mail to the following entity and address: NaturaCert Russia Holding Private Limited, 8 Shenton Way, #45-01 AXA Tower, Singapore 068811, Attn: Legal Department. The notifications will be effective when they are received by NaturaCert in any of the ways mentioned above.
11.2 All legal notices or petitions to or about the User will be effective if delivered personally, sent by courier, certified mail, fax or email to the most recently provided correspondence address, known fax or email, which provided by the User to NaturaCert, or by posting such notice or request in an area of the Sites that is freely accessible to the public. Notifications for Users will be considered as received by said Users, as long as:
a) NaturaCert can demonstrate that said communication, whether in physical or electronic form, has been sent to said User, or
b) immediately after the publication of such notice by v in an area of the Site that is accessible to the public free of charge.
11.3 You agree that all agreements, notices, requests, disclosures and other communications that NaturaCert sends to you electronically will satisfy any legal requirement that such communication be in writing.
12. General disposition
12.1 Subject to any Additional Agreement, the Terms constitute the entire agreement between you and NaturaCert regarding the use of the Sites and Services, govern them and supersede any prior agreements, oral or written, regarding the same matter.
12.2 You and NaturaCert are independent contractors, and these Terms do not intend or create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
12.3 If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remaining provisions will be deemed valid and enforceable.
12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any such clause.
12.5 NaturaCert’s failure to enforce any right or act with respect to any breach by you under these Terms shall not constitute a waiver of such right or a waiver of NaturaCert’s right to act with respect to subsequent or similar breaches.
12.6 NaturaCert shall have the right to assign the Terms (including all of our rights, title, benefits, interests, obligations and duties in the Terms) to any person or entity (including any affiliate of NaturaCert). You may not assign the Terms, in whole or in part, to any person or entity.
12.7 THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF COLOMBIA
12.8 If you have any comments about the services we provide to you, you can contact our customer service helpline or our website.