Eoceanlinks

EOCEANLINKS/EPPS User Agreement

Welcome to eoceanlinks.com, the website and online service which is wholly owned by Oceanlinks Group Limited, incorporated in Hong Kong. By using eoceanlinks.com (including eoceanlinks.com and its related sites, services and tools), you agree to the following terms with EOCEANLINKS/EPPS and Oceanlinks Group Limited. This Agreement is effective between you and EOCEANLINKS/EPPS upon your acceptance of this Agreement. 

This User Agreement is part of EOCEANLINKS/EPPS's Terms of Service. This page explains the terms by which you may use the EOCEANLINKS/EPPS web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by EOCEANLINKS/EPPS (collectively the "Site"). Before you may become a member of EOCEANLINKS/EPPS, you must read and accept all of the terms in, and linked to, the Terms of Service, which includes this User Agreement, Privacy Policy and other policies posted on the Site. EOCEANLINKS/EPPS strongly recommends that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that the User Agreement and the Privacy Policy will apply whenever you use EOCEANLINKS/EPPS sites or services, or when you use the tools EOCEANLINKS/EPPS makes available to interact with EOCEANLINKS/EPPS sites and services. 

Certain capitalized terms used in this User Agreement are defined below. EOCEANLINKS/EPPS may amend this Agreement at any time by posting the amended terms on the site. Except as stated elsewhere, all amended terms shall automatically be effective (30) days after they are initially posted, such amendments being agreed to by you by virtue of agreeing to the terms herein.

EOCEANLINKS/EPPS SERVICES

EOCEANLINKS/EPPS provides an online marketplace through the internet can find, employ and pay providers of such services. Those seeking or purchasing such services are termed "Employers": those offering or providing such services are termed "Providers". Any User may be an Employer or a Provider. The Site contains functions that enable Employers and Providers to do the following: 

-Marketing Consulting: Marketing is the source of real growth. Eoceanlinks.com combines in-depth customer insights with practical expertise in operations and economics to help our clients create sustainable, organic growth.

-Seeking Cooperation: A Provider posts a service and invites customers to choose it. The Employer will choose a Provider after evaluating their price, skills, abilities and experience. Once the service is complete, the Employer will pay the Provider the agreed upon price using EPPS. 

-Online Contracting: A Provider and an employer can make a contract and sign it by using our website to standard the rights and obligations of each party. Contracting online is essentially the same as contracting off-line. The same requirements have to be fulfilled in order to ensure that the contract is legally binding.

-Online Payment transaction: EPPS e-commerce payment system facilitates the acceptance of electronic payment for online transactions followed by the use of the EOCEANLINKS internet-based cross-border shopping and banking.
In addition to the services provided above, EOCEANLINKS/EPPS also provides Industry Information query.

EOCEANLINKS/EPPS, at its sole discretion, may provide other services upon specific agreement or arrangement with a User.

EOCEANLINKS/EPPS FEES

Fees

EOCEANLINKS/EPPS does charge fees for using some of its services as shown on the EOCEANLINKS/EPPS Fees Schedule. When a User uses a service that has a fee, there is an opportunity to review and accept the fees that are to be charged based on the Fee schedule, which may change from time to time. Changes to that schedule are posted on the EOCEANLINKS/EPPS site and are effective with at least fourteen days' notice. EOCEANLINKS/EPPS may temporarily change the Fees Schedule due to promotional events or when new services become available, and such changes are effective when the temporary promotional event or new service is posted on the site. By purchasing a service, you agree that the fee for that service as listed in the Fees Schedule at the time of purchase is fair and just and may be lawfully collected by EOCEANLINKS/EPPS.
Unless otherwise stated, all fees are quoted in (US dollars). The User is responsible for paying all fees and applicable taxes associated with the EOCEANLINKS/EPPS sites and services in a timely manner into the User's EOCEANLINKS/EPPS Account. 

RELATIONSHIP BETWEEN EMPLOYERS AND PROVIDERS

Contracting

Each User who becomes either an Employer or Provider on any given service must enter into a Contract with the other party involved on that same Service. EOCEANLINKS/EPPS shall not be a party to the Member Agreement. The Member Agreement shall consist of the following: 

-the Terms of Service;

-the Service terms as awarded and accepted on the Site, to an extent not inconsistent with the Terms of Service;

-Contract and Milestone Agreement created by and entered into by the Employer and the Provider, to an extent not inconsistent with the Terms of Service; and

-any other agreements between the Employer and the Provider and posted on the Site, to an extent not inconsistent with the Terms of Service;

The order of precedence in resolving disputes among parties to a Member Agreement shall be as follows: 

-the Terms of Service;

-the Service terms, as awarded and accepted on the Site;

-the Contract and Milestone Agreement; and

-any other agreements between the Employer and the Provider and posted on the Site, to an extent not inconsistent with the Terms of Service

Any terms or provisions of an agreement between Users that conflict with the Terms of Service shall be null and void, but all other terms or provisions shall remain in full force and effect.

As a User, you agree that any terms of agreement with another User complies and does not conflict with the Terms of Service.

If a User acts as an Employer, that User assumes full responsibility for managing, inspecting, and accepting the Provider's Services. The Employer accepts that the Provider will offer such services in a time, place and manner determined by the Provider, unless otherwise specified in the Member Agreement. The Employer also accepts full responsibility for paying for the Provider's Services to an extent that such payment is earned as per the Member Agreement. The Employer agrees to pay on a payment schedule as provided in the Member Agreement, or, in the event there are no provisions for a payment schedule, in a timely manner.

If a User acts as a Provider, that User assumes full responsibility for the performance and quality of the Provider's Services in accordance with the Member Agreement. The Provider further agrees that the Provider's Services will be performed in a timely manner consistent with industry practices. The Provider further acknowledges that some Provider's Services may be performed prior to payment by the Employer and agrees that EOCEANLINKS/EPPS is not responsible for collecting payment for such services. The Provider is solely responsible for collecting any unpaid fees from an Employer to whom services have been provided.

Any User, acting as either an Employer or a Provider, covenants and agrees to act with good faith and fair dealing in the execution and performance of the Member Agreement.

Independent Contractor

All Users agree that the parties to any Member Agreement are engaged in an independent contractor relationship. Nothing in the Member Agreement or this User Agreement shall be construed as to create a partnership, a joint venture, an agency, or an employer-employee relationship between any party to any Member Agreement or between a User and EOCEANLINKS/EPPS.

RELATIONSHIP WITH EOCEANLINKS/EPPS

EOCEANLINKS/EPPS Not a Party to Member Agreements

EOCEANLINKS/EPPS is not a party to any Member Agreement. Any User, whether an Employer or a Provider, agrees that EOCEANLINKS/EPPS is not responsible for the quality, safety or legality of services provided through the Site. Further, EOCEANLINKS/EPPS is not responsible for the truth or accuracy of Service postings, or in any other way for the fulfillment of any obligations of any User. The User agrees that any actions to enforce the terms of a Member Agreement shall be taken exclusively against the other party to the Member Agreement and not against EOCEANLINKS/EPPS.

EOCEANLINKS/EPPS makes no representations or guarantees about the credentials, qualifications, capabilities or professional record of any User.

Users acknowledge that information posted on the Site about any User or any third party is provided by such User or third party. EOCEANLINKS/EPPS makes no representations as to the veracity of such information. If such information is replied upon, Users hereby agree that EOCEANLINKS/EPPS is not liable for any misrepresentation so posted and that only the User or third party about whom such information is posted shall be liable for any damages incurred as a result of reliance on such information.

Third-Party Beneficiary of Member Contract

In acknowledgement of the fact that the value of the Site depends on Users performing their obligations with respect to Services and Member Agreements and in consideration of such fact, Users agree that any Member Agreement entered into with another User shall make EOCEANLINKS/EPPS a third-party beneficiary for purposes of enforcing the obligations created in that Agreement. Users agree that EOCEANLINKS/EPPS, in enforcing its Third Party Beneficiary Rights may suspend or terminate a User's account or right to use the Site along with any other actions EOCEANLINKS/EPPS may take according to Law as a Third Party Beneficiary. EOCEANLINKS/EPPS has sole discretion in determining and exercising its Third Party Beneficiary Rights.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

USING EOCEANLINKS/EPPS

While using EOCEANLINKS/EPPS sites, services and tools, a User will not:

-Post content or items of an inappropriate nature for legitimate business to be conducted by Users of the Site as determined by EOCEANLINKS/EPPS at its sole discretion;

-Violate any laws, third party rights or EOCEANLINKS/EPPS policies;

-Use EOCEANLINKS/EPPS's sites, services or tools if the User is not able to form legally binding contracts, or is under the age of 18, or is temporarily or indefinitely suspended from using EOCEANLINKS/EPPS 's sites, services or tools;

-When acting as an Employer, fail to deliver payment for items purchased, unless the Provider has materially changed the item's description after the bid, or a clear typographical error is made, or the Employer cannot authenticate the Provider's identity;

-When acting as a Provider, fail to deliver services purchased, unless the Employer fails to meet the requested services, or the Provider cannot authenticate the Employer's identity;

-Circumvent or manipulate the Fees Schedule, the billing process, or the fees owed to EOCEANLINKS/EPPS;

-Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

-Take any action that may undermine the feedback or ratings systems (including but not limited to displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to EOCEANLINKS/EPPS);

-Transfer a EOCEANLINKS/EPPS account (including feedback) and User ID to another party without EOCEANLINKS/EPPS's consent;

-Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

-Distribute viruses or any other technologies that may harm EOCEANLINKS/EPPS, or the interests or property of EOCEANLINKS/EPPS Users;

-Copy, modify or distribute rights or content from the EOCEANLINKS/EPPS sites, services or tools or EOCEANLINKS/EPPS's copyrights and trademarks; or

-Harvest or otherwise collect information about Users, including email addresses, without User' consent.

To register for an Account with EOCEANLINKS/EPPS and become a Member, a User accepts all of the terms and conditions in, and linked to, this Agreement. By becoming a Member, a User agrees to:

-Abide by this Agreement and the processes, procedures, and guidelines described throughout the Site;

-Be financially responsible for use of the Site and for the purchase or delivery of Provider Services; and

-Perform such obligations as specified by any accepted Member Agreement, unless such obligations are prohibited by law or by this Agreement.

ABUSING EOCEANLINKS/EPPS

EOCEANLINKS/EPPS is working hard to keep its sites and services working properly and to keep the Community safe. Please report problems, offensive content, and policy violations.

Without limiting other remedies, EOCEANLINKS/EPPS may limit, suspend or terminate its service and User accounts, prohibit access to its sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep Users off the sites if these are perceived to be creating problems or possible legal liabilities, infringing on the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of EOCEANLINKS/EPPS's policies. Additionally, EOCEANLINKS/EPPS may, in appropriate circumstances and at its discretion, suspend or terminate accounts of Users who may be repeat infringers of intellectual property rights of third parties. EOCEANLINKS/EPPS also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for an extended period, or to modify or discontinue EOCEANLINKS/EPPS sites, services or tools.

ACCOUNTS

To become a Member and access Site Services through the Site you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

You as a Member represent, warrant, and agree to grant access to your Account to Users authorized to act on your behalf and only in accordance with this Agreement. Additionally, you represent, warrant, and agree to be fully responsible and liable for any action of any User who uses your Account. As a Member, you agree:

-not to use any Account, Username, or password of another User of the Site that you are not authorized to use, and

-not to allow others who are not authorized to do so to use your Account at any time.

Your EOCEANLINKS/EPPS Account (including feedback) and Username are not transferable, and any transfer or attempted transfer to another party is null and void.

USERNAMES AND PASSWORDS

When you as a Member register for an Account, you will be asked to choose a Username and Password for the Account.

As a Member, you agree that you are entirely responsible for safeguarding and maintaining the confidentiality of the Username and Password you use to access this Site. You authorize EOCEANLINKS/EPPS to assume that any person using the Site with your Username and Password is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or access to your Password.

THIRD-PARTY CONTENT

Verification and Monitoring

EOCEANLINKS/EPPS makes available to Members on the Site various services provided by third parties to verify a Member's credentials, or to provide information. Any opinions, advice, statements, services, offers or other information or content expressed or made available by these third parties or any other Members are those of the respective author(s) or distributor(s) and are solely the opinions, advice, statements, services, offers or other information or content made by or provided by those other parties. EOCEANLINKS/EPPS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized EOCEANLINKS/EPPS employees acting in their official capacities.

Links

This Site may contain links to third party web sites, services, or resources. Such web sites, services, and resources are owned and operated by the third-parties and/or Providers and their licensors. Your access and use of those web sites, services, and/or resources, including online communication services not limited to chat, email and calls will be governed by the terms and policies of the applicable web site, service, resource or Provider. Users acknowledge and agree that EOCEANLINKS/EPPS is not responsible or liable for:

-the availability or accuracy of such sites, services, or resources; or

-the content, advertising, or products on or available from such sites, services, or resources.

The inclusion of any link on the Site does not imply that EOCEANLINKS/EPPS endorses the linked site. Use of the links and these services is at the User's own risk.

LICENSES AND SITE ACCESS

When a User provides content, EOCEANLINKS/EPPS is granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) with respect to the content, in any media known now or in the future.

Access and Interference

Users will not use any robot, spider, scraper or other automated means to access the sites for any purpose without express written permission signed by hand.

Additionally, Users will not:

-take any action that imposes or may impose (as determined at EOCEANLINKS/EPPS's sole discretion) an unreasonable or disproportionately large load on the infrastructure;

-copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from EOCEANLINKS/EPPS sites without the prior express written permission of EOCEANLINKS/EPPS and the appropriate third party, as applicable;

-Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with EOCEANLINKS/EPPS sites, services or tools; or

-bypass measures EOCEANLINKS/EPPS may use to prevent or restrict access to the sites.

Additional User Representations and Warranties

The User shall be solely responsible for User Content and the consequences of posting or publishing it. In connection with User Content, the User affirms, represents and warrants, in addition to the other representations and warranties in this Agreement, the following:

a. To be at least 18 years of age or a legal entity and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

b. To have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

c. To not infringe on any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

d. EOCEANLINKS/EPPS may exercise its rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

EOCEANLINKS/EPPS License to User

Subject to and conditional upon compliance with this Agreement, EOCEANLINKS/EPPS grants the User a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. Users must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of EOCEANLINKS/EPPS or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by EOCEANLINKS/EPPS.

EOCEANLINKS/EPPS and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The EOCEANLINKS/EPPS logo and name are trademarks of EOCEANLINKS/EPPS, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.

Except as expressly stated above, nothing in this Agreement confers any license under any of EOCEANLINKS/EPPS's or any third party's Intellectual Property Rights, whether by estoppels, implication or otherwise.

LEGAL DISPUTES

If a dispute arises between a User and EOCEANLINKS/EPPS, the goal is to have a neutral and cost-effective means of resolving the dispute quickly. Accordingly, the User and EOCEANLINKS/EPPS agree to resolve any claim or controversy at law or equity that arises out of this Agreement or EOCEANLINKS/EPPS's services (a "Claim") in accordance with one of the subsections below or as is otherwise agreed to in writing. Before resorting to these alternatives, Users are strongly encouraged to first contact EOCEANLINKS/EPPS directly to seek a resolution.

Arbitration

Unless otherwise required by Law, all disputes arising under this Agreement between a User and EOCEANLINKS/EPPS shall be resolved finally by arbitration pursuant to the applicable Rules of Hong Kong in effect on the date hereof. The arbitration shall take place in UAE and shall be conducted in the English language. There shall be one arbitrator who shall be chosen under Hong Kong rules. The substantive law applicable to the subject matter of the arbitration shall be the laws of Hong Kong. The decision shall be final and binding upon the parties and may be confirmed or entered as an enforceable judgment by any court of competent jurisdiction. The cost of the arbitrator and administrative costs of arbitration will be borne equally by the parties. All other costs or expenses incurred by a party for its participation and advisors in the arbitration will be borne by the respective party incurring such cost or expense.

Law for Legal Disputes and Forum for Enforcement

This Agreement shall be governed in all respects by the laws of Hong Kong as they apply to agreements entered into and to be performed entirely within Hong Kong between Hong Kong residents, without regard to conflict of law provisions. The User agrees to submit to the personal jurisdiction of the courts located within Hong Kong for the purpose of enforcement of all arbitration orders, decrees and/or judgments.

Improperly Filed Claims

Claims brought against EOCEANLINKS/EPPS must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. For claims filed contrary to the Legal Disputes Section, EOCEANLINKS/EPPS may recover attorneys' fees and costs, if EOCEANLINKS/EPPS has provided written notification of the improperly filed claim, and the claim has not been promptly withdrawn.

TERMINATION AND SUSPENSION

This Agreement shall become effective as the User's contractual agreement upon acceptance or use of the Site, and shall continue until the User's Account is terminated by EOCEANLINKS/EPPS or the User as provided for under the terms of this Section.

Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. In the event a User properly terminates the contractual agreement represented by this Agreement, the User's Account is automatically terminated and

-EOCEANLINKS/EPPS shall continue to perform those EOCEANLINKS/EPPS Services necessary to complete any open transaction between the User and another Member; and

-the User shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to EOCEANLINKS/EPPS for any Site Services and to any Providers for any Provider Services.

Without limiting EOCEANLINKS/EPPS 's other remedies, EOCEANLINKS/EPPS may issue a warning, or temporarily suspend, indefinitely suspend or terminate an Account or a Service, and refuse to provide any or all Site Services if:

-A User breaches the letter or spirit of any terms and conditions of this Agreement or the linked policies and information incorporated herein by reference, including the written policies and procedures posted on the Site;

-EOCEANLINKS/EPPS suspects or becomes aware that a User has provided false or misleading information; or

-EOCEANLINKS/EPPS believes in its sole discretion that a User's actions may cause legal liability for that User, to Members or to EOCEANLINKS/EPPS or are contrary to the interests of the Site or the EOCEANLINKS/EPPS User Community.

Once indefinitely suspended or terminated, a User must cease use of the Site under any Account a