TERMS OF USE

I. Applicability

These Terms of Use (“Terms of Use”) apply to the Earth Yoga website www.earthyogaclothing.com (“Website”) owned by Eco Malibu International limited (“Earth Yoga”)

II. Agreement to Terms of Use

1. In these Terms of Use “you” means any person or entity who uses or accesses the Website.

2. By accessing and using the Website, you agree to be legally bound by these Terms of Use. If you do not agree to these Terms of Use do not use or access the Website.

3. These Terms of Use may be amended, supplemented, or otherwise modified (“Changes”) by Earth Yoga at its discretion and without prior notice. These changes will be effective immediately upon publication on the Website, and your continued use and access to the Website after such publication shall constitute your acceptance of such changes. It is, therefore, your responsibility to regularly review these Terms of Use and familiarise yourself with such Changes.

III. Content

1. The content of the Website is provided on an “as is” basis for your general reference only. Earth Yoga makes no representations or warranties of any kind with respect to the accuracy, completeness, or non-infringement of third-party rights, of such content, and disclaims any and all liability for such information and any errors, inaccuracies, or omissions therein.

2. Without limiting the generality of paragraph III.1 above:

a. the Website may from time to time contain forward-looking statements regarding, inter alia, Earth Yoga’s future projects, targets, and/or projections. Such statements are provided purely to provide an insight as to Earth Yoga’s position at the time the statements are made. The fulfillment of such statements is, however, dependent upon numerous factors, many of which are out of Earth Yoga’s control, including, but not limited to, the global economic environment. Consequently, Earth Yoga assumes no liability, and gives no guarantee, as to the accuracy or fulfillment of any forward-looking statements.

b. Earth Yoga makes no representations or warranties with regards to product images displayed on the Website, including, but not limited to, the specifications or availability of such products. Such images may be revised from time to time at the discretion of Earth Yoga.

c. the Website may contain testimonials from, inter alia, Earth Yoga business partners, employees, customers, or consultants. Such testimonials have, in some instances, been edited for clarity, length, and to amend grammatical or typographical errors. These testimonials represent the personal opinion of the identified person or entity, and not the opinion of Earth Yoga who makes no representations or warranties, with respect to the accuracy or otherwise, regarding the same.

3. Whilst Earth Yoga has no obligation to update the Website on a regular basis, from time to time and at Earth Yoga’s discretion, alterations may be made, without prior notice to you, to the content, features or functionality of the Website.

4. Earth Yoga gives no guarantee of, and disclaims all liability in relation to, uninterrupted, error-free or continuous access to, or use of, the Website, and shall be in no way liable to you for any loss or damage incurred due to errors or interruptions in your access to, or use of, the Website or any part thereof.

5. You agree not to, directly or indirectly, take any action that would interfere with the proper operation of the Website, or with any person’s ability to access or use the Website.

IV. Website Links and Third Party Information

1. The Website may contain links or references to external websites, including social media sites such as Facebook, Instagram, and Linkedin, and equally external websites may contain links or references to the Website or Earth Yoga (“External Websites”). Earth Yoga has no control over such External Websites, including, but not limited to, how such External Websites collect or use your personal data.

2. The Website may also contain content generated by third parties, which has been provided to, or sourced by, Earth Yoga, including, but not limited to, press releases and testimonials (“Third Party Content”).

3. Earth Yoga does not guarantee, and shall not be responsible for, the accuracy of External Websites or Third Party Content, and does not endorse the content of the same. To the extent permitted by law, Earth Yoga disclaims all responsibility or liability, howsoever arising, in respect of the content or operation of any such External Websites or Third Party Content, and you agree to hold Earth Yoga, including its shareholders, officers, directors, employees, and agents, harmless from and against any and all claims, demands, judgments, liabilities, expenses (including legal costs), and damages arising out of, or related to, the content of and/or your use of such External Websites and Third Party Content.

V. Privacy/Cookies

1. Earth Yoga values your privacy and has therefore prepared a Privacy Policy section within the Website where you can view and download Privacy Policy Statements and related documents which described how we collect and process your personal data, which includes details of Cookies used by the Website. Please note that the Earth Yoga Privacy Policy Statement will apply unless there is a specific policy for your location.

2. You agree and acknowledge that Earth Yoga cannot guarantee that no unauthorized use or interception of, or access to, any communication you send to Earth Yoga, whether accidental or intentional, will occur. To the extent permitted by law, Earth Yoga disclaims any and all liability for any direct or indirect loss, damage, or other consequences you or any third person may suffer as a result of such unauthorized use, interception, or access.

VI. Intellectual Property

1. The content of the Website, including but not limited to all text, product renderings, graphics, logos, videos, and images displayed therein, the structure, layout, and aesthetic thereof, and the software related thereto, including all amendments, additions and updates thereto, are owned or licensed by Earth Yoga or are used with the applicable owner’s permission, and are protected by national and international copyright, trademark and other intellectual property laws and conventions. Without limiting the generality of the foregoing:

a. these Terms of Use are the copyrighted intellectual property of Earth Yoga and are protected as such; and

b. all brands, logos, and marks displayed on the Website featuring the words “Earth Yoga” are the intellectual property of Earth Yoga and are protected as such.

2. No license to use the intellectual property owned or licensed by Earth Yoga or any third party is granted by the Website. Consequently, you are not permitted, for any purpose, to copy, reproduce, upload, display, reverse engineer, or in any way exploit the content, in whole or in part, of the Website, or any intellectual property owned or licensed by Earth Yoga, without first obtaining the written consent of Earth Yoga.

3. If you use the content of the Website, or any part thereof, in breach of these Terms of Use, you shall immediately either deliver all infringing material to Earth Yoga or destroy the same and provide proof of such destruction to Earth Yoga. This provision in no way limits the remedies that Earth Yoga may seek as a result of any breach of its intellectual property rights or of these Terms of Use.

4. The content of the Website may also contain material owned or licensed by third parties, the unauthorized use of which, in addition to being a breach of these Terms of Use, would place you in breach of such third parties’ intellectual property rights.

VII. Limitation of Liability

1. All disclaimers and limitations of liability made within these Terms of Use are made to the fullest extent permitted by law.

2. Earth Yoga expressly disclaims and excludes all responsibility, liability, representation, or warranty which may otherwise apply, directly or indirectly, express or implied, with respect to the content, use, or access to the Website and External Websites.

3. Earth Yoga shall not be liable to you, or any other party, for any direct or indirect damages incurred, of whatever nature and howsoever arising, including, but not limited to, direct or indirect losses, damage to goodwill or reputation, or loss of profit, as a result of access to, or use of, or inability to use, the Website or any External Website.

4. Without limiting the generality of paragraph VII.3, all downloads from the Website or any External Website are made at your own risk. Earth Yoga cannot, and does not, guarantee or warrant that any files or data which you chose to download from the Website will be free from virus or other malware, and disclaims all liability for any loss or damage caused as a result of such downloads.

VIII. Indemnity

You agree to indemnify Earth Yoga, its shareholders, officers, directors, and employees, in full against any and all claims, demands, damages, judgments, expenses, liabilities, and costs (including legal fees), howsoever or wheresoever arising, which, directly or indirectly, arise out of, result from, or are in relation to your use of the Website or your breach of these Terms of Use.

IX. Governing Law and Dispute Resolution

These Terms of Use, and any disputes or claims arising out of or in connection with its subject matter, are governed and construed in accordance with the laws of Hong Kong, SAR of China, and the parties hereto submit to the non-exclusive jurisdiction of the courts of Hong Kong, SAR of China.

X. Miscellaneous

1. These Terms of Use have been prepared in English. If these Terms of Use are translated into any other language the English language version shall prevail.

2. These Terms of Use are not intended to, and shall not, confer on any third party, except members of the Earth Yoga, any benefit or any right to enforce any term of these Terms of Use under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).

3. If any provision, or part thereof, within these Terms of Use, is found or deemed to be illegal, invalid, or unenforceable, they shall be treated as having been deleted from these Terms of Use, and such illegality, invalidity, or unenforceability shall in no way affect any remaining provision, or part thereof.

4. If you breach these Terms of Use your right to access the Website shall immediately cease. This provision is without prejudice to Earth Yoga’s right to seek redress for any breach of these Terms of Use.

5. You agree that you will not directly or indirectly permit, request, solicit, or facilitate, any third party to take any action which is taken by you would be a breach of these Terms of Use.

6. Your rights and obligations under these Terms of Use may not be assigned, transferred, or otherwise disposed of without Earth Yoga’s prior written consent.

7. Earth Yoga shall not be liable for any failure or delay as the result of circumstances beyond its control, including, but not limited to acts of God, government intervention, war, industrial disputes, embargoes, travel restrictions, epidemics, or pandemics.

8. These Terms of Use, including the policies referred to herein, constitute the entire agreement between you and Earth Yoga with respect to the Website, and supersedes all other prior written and oral agreements, representations, or understandings between the parties with respect to the Website.

9. No delay by you or Earth Yoga to exercise any right in relation to these Terms of Use shall operate as a waiver of such right, or in any way diminish such right or the remedies which the applicable party shall be entitled to with respect to such right.