1.1. E-Comart™ Web Site acts as a matching service and as a venue for Users to identify and locate other Users to trade with and to negotiate the exchange of goods and services in given categories.

1.2. E-Comart™ is not involved in the actual transaction between trading partners. As a result, E-Comart™ has no control over the quality, safety or legality of the items being traded, the truth or accuracy of the items' listings and/or the ability of traders to fulfill their obligations in a trade agreement.

1.3. E-Comart™ has no capability to confirm the identity of each user and whether or not any particular user is authorized to act as it does.

1.4. E-Comart™ cannot and does not control whether or not and how traders will carry out their part of a trade, nor does it assume any risks therfore.

1.5. The term 'E-Comart™ Services' refer to: authorizing access to and use of E-Comart's Web site.

2.1. The Services made available in this site (as defined below) are owned and operated by E-Comart™ Ltd. ('E-Comart™'), and are provided to User (defined below) under the terms and conditions of this E-Comart™ Services User Agreement ('Agreement'), including the Privacy Policy and Pricing Policy, incorporated herein by this reference. By submitting the registration form or using the E-Comart™ Web site, User acknowledges and agrees to be bound to this Agreement.

2.2. In this Agreement, unless the context otherwise requires, words in the singular include the plural and vice versa and words in one gender include any other gender.

2.3.1. E-Comart™ may modify this Agreement as set forth in this Section. If the modifications are unacceptable to User, then User may terminate this Agreement by giving notice of termination to E-Comart™.

2.3.2. If, after modifications of terms User continues to use the Ecomart, then User will be considered to have accepted the modifications. Ecomart may modify this Agreement by:

2.3.3. posting the new terms and conditions in the same location as the previous terms and conditions were posted, and/or

2.3.4. informing User of the modification via a general notice or, if User has so indicated during registration, via email.

3.1. To subscribe to the E-Comart™ Services, User must submit a complete E-Comart™ Services Registration Form on his behalf and/or on behalf of the entity or business subscribing to the E-Comart™ Services ('User').

3.2. By submitting a registration form, User represents and warrants:

3.3. E-Comart™ will evaluate the submitted registration form in good faith and will notify User in a timely manner regarding acceptance or rejection.

3.4. If User provides and/or if E-Comart™ has reasonable ground to suspect that any information provided by User is untrue, inaccurate, not current or incomplete, E-Comart™ has the right to suspend or terminate User's registration and refuse any and all current or future use of the Services by User.

3.5. E-Comart™ may, in its sole discretion, refuse to provide the E-Comart™ Services, as deemed appropriate by E-Comart™ at its full and absolute discretion.

4.1. E-comart™ will use reasonable efforts to maintain the E-comart™ Services operable and will investigate, within reasonable time, technical problems reported to it.

5.1. During an introductory period, E-Comart™ will not impose any fee for use of its service. Thereafter, fees will be charged on a contact basis and/or commission basis in accordance with E-Comart™ Pricing Policy. All fees will be clearly indicated.

6.1. User shall not misuse the E-Comart™ Services in any way.

6.2. Without limiting the generality of the foregoing, User :

6.2.1. shall not act fraudulently, illegally or in any manner, which E-Comart™ shall consider to be detriment to its intetests;

6.2.2. shall not infringe any third partys' copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity nor will user violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

6.2.3. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

6.2.4. shall not be obscene or contain child pornography;

6.2.5. will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and

6.2.6. shall not link directly or indirectly to or include descriptions of goods or services that:

6.2.6.1. are prohibited under this Agreement; or

6.2.6.2. User does not have a right to link to or include.

6.2.7. User also agrees not to use the Service:

6.2.7.1. in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages,

6.2.7.2. to collect e-mail addresses and other information about others without their consent or

6.2.7.3. to create false e-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.

7.1. User shall at all times maintain the confidentiality of its user names and passwords. If User is a corporation, partnership or other legal entity, then it may allow employees to use user names and passwords, so long as User is responsible for all activity and all charges by such employees. Permitting use of the E-Comart™ Services by a third party is prohibited and is a violation of this Agreement.

7.2. If there is a breach of security through User's account, User must immediately change its password and also notify E-Comart™ customer service at service@e-comart.com. User will be liable for any unauthorized use of the E-Comart™ Services until User notifies E-Comart™ of the security breach.

8.1. Users information includes any information data, graphics, text, software, music, sound, photographs, video, messages or other materials User provides to E-Comart™ or other users during the registration, trading or listing processes, in any public message area or through any email feature. With respect to Users Information, User is solely responsible for Users Information, and E-Comart™ acts as a passive conduit for User's online distribution and publication of Users Information. E-Comart™ may take any action in respect to User Information, to its sole discretion if it believes it may create liability for E-Comart™ or may cause E-Comart™ to lose (in whole or in part) the services of it's ISPs or other suppliers. User hereby warrants that he has all rights, including all copyrights, necessary to submit User Information to E-Comart™. User acknowledges that E-Comart™ does not take any responsibility to determine what information that is submitted to E-Comart™ is protected, nor will it be responsible for the use of User Information by other users of the Service.

8.2. By submitting information to this Web site, User agrees that such information becomes User's Information as contemplated by this Agreement and may be disseminated by E-Comart™, without limitation.

8.3. User also warrants that the holder of any intellectual property or other proprietary rights in that User Information have been licensed, waived or assign to the extent necessary to grant the license from User to E-Comart™ above. E-Comart's use of User Information is subject to the Privacy Policy.

9. User's Information shall not:

9.1. Be fraudulent or involve the sale of counterfeit or stolen items;

9.2. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

9.3. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, licensing requirements, anti discrimination or false advertising);

9.4. be defamatory, trade libelous, threatening or harassing;

9.5. contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (f) shall not link directly or indirectly to or include descriptions of goods or services, other than User's Web site.

9.6. E-Comart™ reserves the right not to post, or to remove any of the data or materials as specified above, without notice, without liability to E-Comart™. User releases E-Comart™ from any claims or allegations that may result from such removal.

10.1. By using the E-Comart™ Services, User will have access to information that other companies have provided to E-Comart™ only under the terms and conditions of this Agreement (Private Data), with the understanding that it will be kept confidential and used only for the purposes of contacting potential buyers or sellers via the E-Comart™ Services. The Other User Information is one component of the E-Comart™ Information. In addition, 'E-Comart™ Information' means any data, information, files (including software) or graphics that is available on the E-Comart™ Web site and that is protected by copyrights, trademarks, patents and other intellectual and proprietary rights.

10.2. User may make only a limited number of copies of E-Comart™ Information, so long as any copyright, trademark, patents or other proprietary rights notices are included on those copies and so long as such copies are not distributed except to User's employees who have signed confidentiality agreements covering third-party confidential information.

10.3. User shall not disclose any User Information (except its own) to third parties.

11.1. E-Comart™ (and its suppliers) retains ownership of all right, title and interest in and to the E-Comart™ Services and E-Comart™ information, subject to User's rights in User Information. User shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose the E-Comart™ Services, E-Comart™ Information or access to the E-Comart™ Services. User shall not reverse engineer, decompile, or otherwise attempt to derive source code from any software accessible or available through the E-Comart™ Services.

12.1. User hereby agrees to, at its own expense, indemnify, defend and hold E-Comart™ harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to

12.2. third-party claim, action or allegation of infringement based on information, data, files or other content submitted by User,

12.3. any fraud, manipulation, or other breach of this Agreement by a User or a user, or

12.4. any third-party claim, action or allegation brought against E-Comart™ arising out of or relating to a dispute with a User over the terms and conditions of a contract or related to the purchase and sale of any goods/services. E-Comart™ will have the right to participate in its defense and hire counsel of its choice, at User's expense. User will not settle any action or claims on E-Comart's behalf without the prior written consent of E-Comart™.

User shall not assign this Agreement or any of its rights or obligations without the prior written consent of E-Comart™, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns.

User shall not assign this Agreement or any of its rights or obligations without the prior written consent of E-Comart™, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns. E-Comart™ shall provide notice to User via email, or at its discretion to the address provided on the registration form or such other address provided by User to E-Comart™.
User shall provide notice to E-Comart™ via email to service@e-comart.com, with a copy to the address on the registration form. Notices will be effective 6 hours after sending if sent via email (unless the sender receives a response indicating that the message was undeliverable) or 3 business days after the mailing date, whether or not received.

E-Comart™ will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by Internet outages, earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of E-Comart™.

ECOMART MAKES NO WARRANTIES REGARDING THE ECOMART WEB SITE OR ECOMART SERVICES, AND HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE ECOMART SERVICES, CONTENT, AND WEB SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY AGAINST NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ECOMART, OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

17.1. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL E-COMART™ OR ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, OR ANTICIPATED OR LOST PROFITS)  RESULTING FROM:

17.1.1. THE USE OR THE INABILITY TO USE THE SERVICE;

17.1.2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

17.1.3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

17.1.4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

17.1.5. ANY OTHER MATTER RELATING TO THE SERVICE

User shall not assign this Agreement or any of its rights or obligations without the prior written consent of E-Comart™, and any such attempted assignment will be void. Subject to the above, this Agreement will be binding upon the parties' respective successors and permitted assigns.

19.1. You agree that E-Comart™, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard Your Information within the Service, for any reason, including without limitation, if E-Comart™ believes that you have violated or acted inconsistently with the letter and spirit of the Agreement. E-Comart™ may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Further, you agree that E-Comart™ shall not be liable to you or any third party for any termination of your access to the Service . Termination of this Agreement shall apply ab-intio. The obligations set forth in the Privacy Policy and the Pricing Policy shall survive the termination or expiration of this Agreement.

19.2. If E-Comart™ suspends or terminates User's right to access or use the E-Comart™ Services, then E-Comart™ shall, within 24 hours, provide notice to User of such action.

19.3. Upon termination of this Agreement for any reason, User shall cease to use any E-Comart™ Information or Services.

No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.

22.1. This agreement is governed by the laws of the U.K.. User hereby consents to the exclusive jurisdiction and venue of courts in the U.K. in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph..

User shall pay all taxes, assessments, duties, tariffs, imposts, permits sales, use, excise, import, export, value-added, or similar tax, duty, and fees, however designated, which are levied upon User and related to User's activity on the E-Comart™ Web site.

User and E-Comart™ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

This Web Portal and the E-Comart™ Sites may contain links to Web sites operated by parties other than E-Comart™. Such links are provided for your convenience only. E-Comart™ does not control such Web sites, and is not responsible for their contents. E-Comart's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

All contents of this Web Site are: Copyright of E-Comart™. All rights reserved. The E-CoMart.com™; the Product Oriented Auto Matching™ the E-CoMart classification system©; the E-CoMart category tree©; the Trade Manager™ and any other names of E-Comart™ products and/or services are trademarks or registered trademarks of E-Comart™. Other product and company names mentioned herein may be the trademarks of their respective owners.