User Agreement

Last updated: November 14, 2021

1.     Introduction

a.     E3Dmarket is a ecommerce platform that allows users to buy products.

b.     This User Agreement (“Agreement“), the E3Dmarket Privacy Policy (which is available at www.E3Dmarket.com/privacy-policy), and all policies posted on our sites set out the terms and conditions on which E3Dmarket offers you access to and use of our sites, services, applications and tools (collectively “Services“). This Agreement is entered into between you as the user of our Services (“User“) and E3Dmarket.com Operators (“E3Dmarket” or the “Site“). All policies and the E3Dmarket Privacy Policy are incorporated into this Agreement. You agree to comply with all of the above when accessing and using our Services. You bear full responsibility for verifying the identity, legitimacy and authenticity of items you purchase on E3Dmarket. E3Dmarket makes no claims about the identity, legitimacy and authenticity of items on the platform.

c.     Please be advised that this Agreement contains provisions that govern how claims you and E3Dmarket have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will require you to submit claims you have against E3Dmarket to binding and final arbitration.

d.     Acceptance of the Agreement. By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You shall be bound by the terms and conditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. You may not use the Site and may not accept the terms of this Agreement if (a) you are not of legal age to form a binding contract, or (b) you are a person barred from using the Site under the laws of the United States or other countries including the country in which you are a resident or from which you use the Site. 

e.     Amendments. E3Dmarket may amend this Agreement and/or Site policies at any time, with or without notice to you, by posting the amended and restated Agreement or policy on the Site. The amended and restated Agreement and/or policy shall be effective immediately upon posting. Posting by E3Dmarket of the amended and restated Agreement or policy and your continued use of the Site shall be deemed to be an acceptance of the amended terms. This Agreement and Site policies may not otherwise be modified, except in writing by an authorized officer of E3Dmarket.

2.     Definitions

a.     E3Dmarket Operators. Refer to all parties that operator E3Dmarket, including but not limited to Jubilee Tech Singapore Pte Ltd, legal individuals, unincorporated organizations, and teams that provide E3Dmarket Services and are responsible for such services.

b.     Personal Data. Any information relating to an identified or identifiable individual.

c.     Registered User. Each User who has filled out a registration form on the Site by giving User information (such as name, address, mobile number, email address, etc.) is a registered user (“Registered User”) of E3Dmarket. E3Dmarket will establish an account (“Account”) for each Registered User on the Site and each Registered User will be assigned a user alias (“User Name”) and password (“Password”) for login access to its Account on the Site.

d.     Third-Party Content. Some of the E3Dmarket Content displayed on the Site is provided or posted by third parties, hereinafter referred to as “Third Party Content.”

e.     Third-Party Rights. Third party copyrights, trademarks, trade secrets, patents, and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site, are hereafter referred to as “Third Party Rights.”

f.      Transaction Risks. The risks assumed by Users when using the Site or conducting transactions are deemed “Transaction Risks.” Transaction Risks include risks of liability or harm of any kind in connection with using the Site. Such risks shall include, but are not limited to:

• Misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, and breach of contract.

• Risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands, or claims by Third Party Rights claimants.

• Risks that consumers, other purchasers, end-users of products, or others claiming to have suffered injuries or harms relating to a product originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products.

g.     User. For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with E3Dmarket as a registered User. A User includes any person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

3.     Use of E3Dmarket

a.     General. Users may use this Site solely for their own personal or internal purposes. Each User agrees that it shall not copy, reproduce or download any Content for the purpose of reselling or redistributing E3Dmarket Content, mass mailing (via emails, wireless text messages, physical mail, or otherwise), operating a business that competes with E3Dmarket, or otherwise commercially exploiting E3Dmarket Content. Systematic retrieval of E3Dmarket Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from E3Dmarket is prohibited. In addition, use of E3Dmarket Content for any purpose not expressly permitted in this Agreement is prohibited.

b.     Messages or information sent by a User through communication systems provided by E3Dmarket, as well as emails, letters to addressees, or instant messages sent to addresses acquired from information obtained from the Site, shall not contain any of the materials described in the provisions of Section 5.d.

c.     No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by E3Dmarket or any other User, and no User shall attempt to gain unauthorized access to such computer systems or networks.

d.     Your privacy and Personal Data are important to us. Any Personal Data that you provide to us will be dealt with in line with our Privacy Policy, which explains what Personal Data we collect from you, how and why we collect, store, use and share such data, your rights in relation to your Personal Data and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your Personal Data. For more detailed information, please see our Privacy Policy at www.E3Dmarket.com/privacy-policy.

e.     We use necessary cookies to make our site work. For more detailed information about the cookies we use, please see our Cookie Policy at www.E3Dmarket.com/cookies-policy.

f.      Third Party Rights. As a condition of your access to and use of the Site, you agree that you will not use our Services to infringe the Third Party Rights of others in any way. E3Dmarket will in appropriate circumstances terminate the accounts of Users who are repeat infringers of the Third Party Rights of others. In addition, E3Dmarket reserves the right to terminate the account of any User if E3Dmarket believes that the User’s conduct is harmful to the interests of E3Dmarket, its employees, directors, affiliates, or other Users, or for any other reason in E3Dmarket’ sole and absolute discretion, with or without cause.

4.     Registered Users

a.     By becoming a Registered User, you consent to be governed by our Privacy Policy. You also consent to the inclusion of your personal data in our database, and authorize E3Dmarket to share such information with other Users in accordance with the purposes set forth in this Agreement.

b.     E3Dmarket may deny access to its Services or terminate or suspend your account (and any accounts E3Dmarket determines are related to your account) and your access to the Services should we have reason to believe that you, your content, or your use of the Services violate our Terms. E3Dmarket will notify you that your account has been terminated or suspended or otherwise blocked unless you have repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

c.     Prohibition on transferability of Account, Username, and Password. A Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer an Account, Username or Password to a third party without the prior written consent of E3Dmarket.

5.     License to Access and Use Our Service and Content

You are hereby granted a limited, nonexclusive, non-transferable, non-sub licensable, and personal license to access and use the Service and Content; provided, however, at such license is subject to these Terms and does not include any right to：

• Distribute, publicly perform or publicly display any Content

• Modify or otherwise make any derivative uses of the Service or Content, or any portion thereof

• Download (other than page caching) any portion of the Service or Content, except as expressly permitted by us

• Use the Service or Content other than for their intended purposes.

6.  CONFIDENTIALITY

The Company is obliged to keep any information concerning the Customer confidential, unless required by a competent authority to share such information for a valid reason.

7.   Disclaimer of Warranties; Limitation of Liability

a.     THE FEATURES AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND E3DMARKET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

b.     YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND PERMITTED BY LAW. E3DMARKET MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. E3DMARKET DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD-PARTY RIGHTS; AND E3DMARKET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITE.

c.     Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk, and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from E3Dmarket or through or from the Site shall create any warranty not expressly stated herein.

d.     Force Majeure. Under no circumstances shall E3Dmarket be held liable for any delay, failure, or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

e.     Each User hereby agrees to indemnify and hold harmless E3Dmarket, its affiliates, directors, officers, and employees, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly:

• From such User’s use of the Site, including but not limited to the display of such User’s information on the Site;

• From such User’s breach of any of the terms and conditions of this Agreement;

•  From such User’s breach of any representations and warranties made by the User to E3Dmarket, including but not limited to those set forth in Section 5.

•  As a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site.

f.      E3Dmarket and its affiliates, directors, officers and employees shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise, or any other damages resulting from any of the following:

• The use or the inability to use the Site;

• Any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;

• Any claims or demands that User’s manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third-Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;

• Unauthorized access by third parties to data or private information of any User;

• Statements, conduct, or material posted by Users of the Site, including defamatory, offensive or illicit material; or

• Any other matter relating to the Site.

g.     Right to assume defense and control. E3Dmarket reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with E3Dmarket in asserting any available defenses.

h.     E3Dmarket reserves the right to limit, deny or create different access to the Site and its features with respect to different Users, or to change any of the features or introduce new features without prior notice. Each User acknowledges that inability to use the Site wholly or partially for whatever reason may have adverse effects on its business. Each User hereby agrees that in no event shall E3Dmarket or any of its affiliates, directors, officers, or employees be liable to the User or to any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise).

i.      Regardless of the previous provisions, if E3Dmarket is found to have liability, its liability is limited to the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to E3Dmarket in the 12 months prior to the action giving rise to the liability, or c) $100.

8.  Notice to Users

All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, or email to the last known correspondence, or email address provided by the User to E3Dmarket, or by posting such notice or demand on an area of the Site that is publicly accessible without charge. Notice to a User shall be deemed to be received by such User if and when:

• E3Dmarket is able to demonstrate that the communication, whether in physical or electronic form, has been sent to such User; or

• Immediately upon E3Dmarket posting of such notice on an area of the Site that is publicly accessible without charge.

9.  Legal Disputes

a.     You and E3Dmarket agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the E3Dmarket User Agreement, your use of or access to the Site, the Services, or any products or services sold or purchased through E3Dmarket’ sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and E3Dmarket have against each other are resolved.

b.     Governing Law. You agree that the laws of Singapore, without regard to the principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and E3Dmarket, except as otherwise stated in this Agreement.

Agreement to Negotiate and Arbitrate. In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. You and E3Dmarket each agree that any and all disputes or claims that have arisen or may arise between you and E3Dmarket relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to E3Dmarket’ Services, or any products or services sold, offered, or purchased through E3Dmarket’ Services shall be settled exclusively through final and binding arbitration administered by the SIAC, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The law of this arbitration clause shall be Singapore law. The place of arbitration shall be Singapore, and the language of arbitration shall be English. 

c.     In no event shall an award in an arbitration initiated under this clause exceed the greater of a) the amount of the specific transaction in dispute, b) the amount of fees in dispute not to exceed the total fees which User paid to E3Dmarket in the 12 months prior to the action giving rise to the liability, or c) $100.

d.     Costs. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

e.     Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

f.      Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND E3DMARKET AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND E3DMARKET AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER E3DMARKET USERS.

10.  General InformatioN

a.     This Agreement, the E3Dmarket Privacy Policy, and all policies posted on our sites constitute the entire agreement between the User and E3Dmarket with respect to access to and use of the Site, superseding any prior written or oral agreements in relation to the same subject matter herein.

b.     E3Dmarket and the User are independent contractors, and no agency, partnership, joint venture, employee–employer, or franchiser–franchisee relationship is intended or created by this Agreement.

c.     The failure of E3Dmarket to exercise or enforce any right or provision of the terms of this Agreement shall not constitute a waiver of such right or provision.

d.     If any provision herein is held to be invalid or unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions of this Agreement.

e.     User agrees that there shall be no third-party beneficiaries to this agreement.

f.      Headings are for reference purposes only, and in no way define, limit, construe or describe the scope or extent of such section.

11.  Confirmation and acceptance of the order

a. The Agreement between the Parties is concluded as soon as the customer has ordered products via e3dmarket.com and has paid the Company for such orders in full. The delivery of the order always follows AFTER payment has been made by the Customer.

b. E3Dmarket reserves the right, without giving reasons, to reject entering into an Agreement. Practically this means that the order or the payment has not been accepted by E3Dmarket.

12. DELIVERY ORDER

a. Under no circumstances will the Company be liable for any delay in the delivery of products, except in the event of intent or gross negligence. E3Dmarket guarantees to deliver a working code, in the absence of which a new code will be delivered (free of charge). Evidence for the malfunctioning of the code lies with the Customer. Delivery of a product or code is conducted via Email.

13. Reflection period and right of withdrawal

a. An already placed and paid-for order cannot be cancelled. The reflection period and revocation period of 14 days is not applicable in view of the digital nature of the products to be delivered. Thus, there is no reflection period and revocation period. The Customer therefore agrees to a direct delivery of the product after payment and explicitly renounces the reflection period and the right of revocation. A paid-for and delivered product can not be returned. A paid-for product that has not been delivered for any reason E3Dmarket is reasonably liable for, can be refunded, following the E3Dmarket non-delivery mitigation procedure via the Customer Support Team. Any such refund is on a voluntary basis and E3Dmarket is under no general obligation to refund the Customer. E3Dmarket might charge in certain cases a reasonable refund fee to the Customer or deduct such fee from the refund amount, if the refund request is at least partly based on circumstances and reasons outside the E3Dmarket’s control or liability.

b. The reason for deviating from the right of withdrawal is that a product cannot be returned because it cannot be ascertained whether the product has already been used. The nature of digital products makes any reflection period and the right of withdrawal impossible, except in case of delayed payment. In that case, the code has not yet been sent by the Customer nor received by E3Dmarket and the product could still be revoked. For this, it is the Customer who bears the burden of proof.