Last modified: March 4, 2021
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Oikolab Ltd. ("Company", “we”, “us”, or “our”), concerning your access to and use of the https://oikolab.com website as well as data access through API service (collectively, the “Service”).
Subject to the terms and conditions of this Agreement, the Company hereby grants to you a non-exclusive, non-sublicensable, non-transferable license, during the Term, to download and use the APIs to receive the data strictly for your internal business purposes.
Unless you notify us otherwise in writing, we may identify you as a customer and user of the Service on our website, mobile application and in other online or offline marketing materials and press releases, and we may publish case studies and other marketing materials related to your use of the Service. We acknowledge that your company name and logo are protected by intellectual property rights. You hereby grant to the Company a non-exclusive, royalty-free and fully paid up license, during the Term, to use your name, logo, and website URL, on our website, mobile application and in other online or offline marketing materials relating to the Service. We will use this content strictly in accordance with any usage guidelines you provide to us.
In consideration of the provision of the Service to you, you will pay us the fees in accordance with the terms and conditions of this Agreement.
Fees are payable by wire transfer or major credit cards. We may, from time to time, and without specific notice to you, add additional payment methods to the then-current payment methods, or cease to use previously supported payment methods. You represent and warrant that you are lawfully permitted to use the selected payment method in connection with the Service. We may require additional information from you before completing payment transactions.
Unless otherwise stated, the applicable subscription fees will be due and payable at the beginning of each subscription cycle set forth in the Order. All fees are exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon your use of the Service will be paid by you. The fees are exclusive of VAT. In the event you are required by law to deduct and/or withhold any amounts from any payments due hereunder, you shall gross-up and increase the amounts to be paid to the Company so that the actual net amount to be paid to the Company shall equal the fees that would have been due to the Company without such deduction or withholding. The Company reserves the right to increase fees at any time, although increases in fees will not go into effect until the next renewal of the then-current term.
All your payment obligations are non-cancelable and all amounts paid in connection with the Service are non-refundable, except as expressly set forth herein. You are responsible for paying all fees applicable to your subscription to the Service, whether or not you actively used, accessed or otherwise benefited from the Service.
Payment may be processed and handled through relevant third party payment processors. Any payments processed through third party payment processors are therefore subject not only to this Agreement, but also the terms and conditions of the applicable third party payment processor pursuant to your agreement with them. You acknowledge that such third party payment processors may charge you commission. We are not responsible for such commission, which is strictly between you and the relevant payment processor.
By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site 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 States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
We do not guarantee that the Service will operate in an uninterrupted or error-free manner, or that it will always be available, free from errors, omissions or malfunctions. If we receive notice of any failure or malfunction, or if we otherwise become aware of any such failure or malfunction, we will attempt to regain the Service’s availability as soon as practicable. However, such incidents will not be considered a breach of this Agreement. Without limiting the foregoing, in no event will the Company be responsible for any slow-downs, failures or other malfunctions that are caused by your breach of this Agreement, including any usage limitations set forth in the Order.
These Terms shall be governed by and defined following the laws of Hong Kong. OikoLab Ltd. and yourself irrevocably consent that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Your use of the Service is at your sole risk. We provide the Service on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free.
OikoLab will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether you were advised of the possibility of such damage.
You agree to defend, indemnify, and hold OikoLab harmless 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) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense 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.
To receive further information regarding use of the Service, please contact us at:
Oikolab Ltd.
Rm 1405, 135 Bonham Strand Trade Centre
Sheung Wan, Hong Kong, Hong Kong SAR