Terms of Use

This website and its associated mobile digital interfaces (the "Website") are managed and operated by Ekyx Trading Limited (the "Company", "we", "us", or "our"). These Terms of Use ("Terms") set forth the legal conditions governing your interaction with and navigation of this Website. Transactions concerning products or services offered via this Website are subject to our Conditions of Purchase, which are fully incorporated here by reference. Furthermore, your access to this Website remains subject to our Privacy Notice, which is likewise integrated by reference.

The Company provides this Website, including all tools, data, and utilities available herein, conditioned upon your unconditional acceptance of these Terms. By continuing to browse or utilize this Website, you express your agreement to these Terms. If you do not consent to be bound by these provisions, you must immediately exit and discontinue use of this Website.

PLEASE READ THESE TERMS OF USE CAREFULLY, ALONG WITH OUR PRIVACY NOTICE AND RELATED POLICIES, BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER SET FORTH IN THE DISPUTE RESOLUTION SECTION BELOW.

Data Accuracy & Account Integrity

You represent and warrant that all information, profile details, and materials you submit to the Website or directly to the Company are truthful, current, complete, and accurate. You assume full responsibility for maintaining and promptly updating your details to ensure continuous accuracy.

Privacy Notice

Our policies concerning the collection, storage, disclosure, and handling of personal information are detailed in our Privacy Notice available at http://www.GardenCoveCo.com. You acknowledge and agree that personal data acquired through your interaction with the Website (whether via form submissions, electronic mail, telephone calls, or alternative channels) will be processed pursuant to the terms specified in that Privacy Notice.

Proprietary Rights & Limited License

All digital content displayed on or available through this Website—including text, layout designs, media graphics, visual icons, brand marks, audio content, software downloads, site architecture, and underlying code—is the exclusive property of Ekyx Trading Limited, its content suppliers, or licensors, protected under applicable intellectual property, copyright, and trademark statutes.

The Company grants you a limited, revocable, non-exclusive, and non-transferable license to access and personally use this Website. You are authorized to view, print, or download site content strictly for personal, non-commercial reference, provided you do not alter, erase, or conceal any copyright, trademark, or proprietary legends displayed on such materials. Full title and all intellectual property rights in all accessed materials remain with the Company or its licensors at all times.

The Company strictly prohibits any unauthorized use of Website content, including:

  • Extracting, copying, or using site content to support commercial activities competitive with the Company or for third-party benefit;

  • Utilizing frame-sets, local caching, or unauthorized deep-linking techniques to display site content;

  • Modifying, broadcasting, uploading, reproducing, distributing, publishing, licensing, reverse-engineering, or creating derivative works from any software, products, or materials obtained from the Website;

  • Uploading or transmitting files or codes containing computer viruses, malware, trojans, or automated scripts designed to corrupt system functionality;

  • Deploying automated systems, scraping scripts, data mining bots, or extraction utilities to collect system parameters or personal data;

  • Committing any act that places, at our sole discretion, an unreasonable technical burden on our server facilities or network infrastructure.

You assume full responsibility for obtaining network access and providing all computing equipment necessary to interface with the Website, including paying any applicable third-party connectivity fees. Any attempt to bypass security measures or access restrictions implemented on the Website is strictly forbidden. Unauthorized access or misuse immediately terminates the limited license granted to you by the Company.

We reserve the right, at our sole discretion and without prior notice, to reject registrations, suspend accounts, bar users, or restrict access to the Website for any reason. Termination of access shall not prejudice any legal rights or remedies available to the Company under equity or law.

User Submissions & Conduct Rules

You accept complete liability for all content, communications, or reviews you upload, post, or transmit through the Website, including verifying the legal ownership, authenticity, and copyright compliance of such submissions. You are prohibited from uploading content that is confidential, proprietary, unlawful, harmful, defamatory, obscene, harassing, abusive, fraudulent, or hate-oriented, or material that encourages criminal conduct or civil liability. You may not misrepresent your identity or use false email addresses.

For any material or user content you publish or submit to the Website (excluding personal data handled in accordance with our Privacy Notice), you grant Ekyx Trading Limited a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, duplicate, modify, adapt, display, translate, publish, and distribute such submissions across any media format. Such submissions shall be treated as non-confidential. You represent and warrant that you hold all necessary legal rights to grant this license without violating third-party rights.

External Links & Resources

This Website may feature hyper links directing to external online platforms operated by third parties unaffiliated with Ekyx Trading Limited. These links are provided solely for convenience and informational purposes. The inclusion of external links does not imply endorsement, sponsorship, or approval of the linked content, products, or services. We accept no responsibility or liability for the accuracy, security, or privacy practices of third-party websites. Visiting linked sites is entirely at your own risk.

DISCLAIMERS

EXCEPT AS EXPRESSLY STATED OTHERWISE IN THESE TERMS OR OUR PURCHASE CONDITIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY PROVIDES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING ANY MATTER, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

YOUR ACCESS AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE AND ALL ASSOCIATED MATERIALS, SOFTWARE, SERVICES, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RETAIN THE RIGHT TO SUSPEND OR RESTRICT ACCESS TO ANY PORTION OF THE SITE AT ANY TIME. THE COMPANY DOES NOT WARRANT THAT SITE ACCESS WILL BE UNINTERRUPTED, VIRUS-FREE, SECURE, OR ERROR-FREE, OR THAT INFORMATION DISPLAYED ON THE SITE IS ENTIRELY ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED FROM THIS WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK. NO STATEMENTS OR INFORMATION OBTAINED FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR INTERACTION WITH THE WEBSITE, COMMUNICATIONS WITH THIRD PARTIES, AND PURCHASES OF PRODUCTS OR SERVICES OFFERED BY THE COMPANY. YOU ACKNOWLEDGE THAT INTERNET TRANSMISSIONS ARE NOT COMPLETELY SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED THIRD PARTIES. ACCESS TO THIS WEBSITE IS PROVIDED AT NO COST TO YOU, AND YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EKYX TRADING LIMITED NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS ("COMPANY PARTIES") SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

  1. THE USE OR INABILITY TO USE THIS WEBSITE OR LINKED PLATFORMS;

  2. ANY ACTIONS TAKEN OR OMITTED BY US PURSUANT TO COMMUNICATIONS RECEIVED FROM YOU;

  3. ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE;

  4. SYSTEM DELAYS, NETWORK INTERRUPTIONS, OR UNAVAILABILITY;

  5. MODIFICATION, SUSPENSION, OR DELETION OF USER-SUBMITTED CONTENT; OR

  6. MISUSE OR UNAUTHORIZED ACCESS TO DATA, RECORDS, OR TRANSMISSIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL THEORIES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISCONTENT WITH THE WEBSITE OR DISPUTES WITH THE COMPANY IS TO IMMEDIATELY STOP USING THE WEBSITE.

ANY CAUSE OF ACTION OR CLAIM ARISING FROM OR RELATED TO THIS WEBSITE MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. JURISDICTIONAL LAWS MAY LIMIT STATUTORY LIABILITY EXCLUSIONS, SO CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

Indemnification

You agree to indemnify, defend, and hold harmless the Company Parties from and against all legal claims, administrative liabilities, losses, costs, penalties, damages, and expenses (including reasonable attorneys' fees and litigation costs) resulting from or arising out of: (1) your breach of these Terms of Use; (2) your non-compliance with the Conditions of Purchase; (3) fraudulent acts, intentional misconduct, or gross negligence on your part; or (4) your infringement of third-party rights or statutory regulations. The Company reserves the right to control the defense of any claim subject to indemnification, and you shall not settle any claim without our prior written consent.

Electronic Communications

Interacting with the Website or sending electronic messages to the Company constitutes electronic communication. You consent to receive all operational notices, disclosures, legal agreements, and updates electronically via email or direct site postings. You acknowledge that all digital notices satisfy statutory written communication requirements. Electronic communications are deemed officially delivered once transmitted to the email address registered with your account.

Site Postings & User Content Monitoring

The Website may enable interactive user forums or posting capabilities. The Company assumes no duty to systematically review or verify user-submitted messages, and accepts no liability concerning user content. We retain full discretion to monitor, decline, screen, or remove any posted user content at any time without notice.

Trademarks & Copyrights

Trademarks, brand logos, service marks, and proprietary names displayed on the Website ("Marks") are registered and unregistered intellectual properties of Ekyx Trading Limited or its content providers. Users are prohibited from using any Marks as meta-tags, hidden text, or brand associations on external websites without explicit written consent. Framing techniques or software mechanisms designed to enclose site content or trademarks are strictly forbidden. All site materials and underlying programs are protected under applicable copyright and trademark laws.

Copyright Infringement & Intellectual Property Claims

We respect intellectual property rights and maintain a strict policy of terminating repeat copyright infringers where appropriate. If you believe your copyrighted work or intellectual property has been infringed by material posted on our Website, please send a written notification to our Copyright Agent containing:

  • A physical or electronic signature of the authorized agent representing the rights owner;

  • Identification of the copyrighted work(s) claimed to have been infringed;

  • Specific identification and location details of the infringing material on our Site;

  • Your full contact details (physical address, phone number, and email);

  • A statement that you have a good-faith belief that the contested use is unauthorized;

  • A statement under penalty of perjury that the information provided in the notice is accurate and that you are the rights holder or authorized representative.

Please submit written notices to our designated agent via email:

Copyright Agent Ekyx Trading Limited Legal Department

Email: service@GardenCoveco.com

Survival of Legal Provisions

All provisions of these Terms which by their nature ought reasonably to survive termination or expiration—including proprietary rights, disclaimers, limitations of liability, indemnification obligations, and dispute resolution clauses—shall remain in full legal force following contract termination.

Force Majeure

The Company shall not be liable for non-performance, delayed execution, or system unavailability resulting from causes beyond our reasonable control, including natural disasters, extreme weather, military operations, terrorist acts, civil unrest, labor strikes, embargoes, national emergencies, or global network outages.

Passing of Risk & Delivery

Products ordered through the Website are dispatched pursuant to a shipment contract with third-party logistical carriers. Title to and risk of loss for purchased items pass to you upon our delivery of the goods to the transport carrier.

Dispute Resolution & Mandatory Arbitration

By using this Website, you unconditionally agree that:

  1. Any dispute, claim, breach, or controversy arising out of or relating to these Terms or the use of the Website shall be submitted to and conclusively resolved by binding arbitration in accordance with the UNCITRAL Arbitration Rules in force at the time of filing;

  2. The law governing this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong");

  3. The seat of arbitration shall be Hong Kong;

  4. The arbitral tribunal shall consist of a sole arbitrator appointed by the Hong Kong International Arbitration Centre (HKIAC);

  5. The arbitration proceedings shall be conducted exclusively in the English language.

Governing Law & Severability

These Terms and your relationship with Ekyx Trading Limited shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflict of law principles. For any non-arbitrable legal proceedings, you submit to the personal jurisdiction of competent courts located in Hong Kong.

If any provision of these Terms or the Conditions of Purchase is deemed invalid, void, or unenforceable, that specific provision shall be deemed severable and shall not impair the validity and enforceability of the remaining provisions. Failure by the Company to enforce any provision shall not constitute a waiver of our right to enforce such terms in the future.

Amendments to Terms

The Company reserves the right, at its sole discretion, to modify, update, append, or remove portions of these Terms at any time by publishing updated versions on the Site. Users are responsible for regularly reviewing these Terms for modifications. Continued interaction with the Website following posted changes signifies binding acceptance of the updated Terms.

Assignment Rights

You may not assign or transfer these Terms or your rights hereunder without prior written consent from Ekyx Trading Limited. The Company retains the right to assign, transfer, or sub-license its rights and obligations under these Terms to any corporate successor or third party at its discretion.

Entire Agreement

These Terms, together with the Privacy Notice and Conditions of Purchase, constitute the entire agreement between you and Ekyx Trading Limited concerning the Website, superseding all prior written or oral agreements, understandings, or proposals.

Contact Us

For legal inquiries or policy questions regarding these Terms of Use, please reach out to our legal support team:

Ekyx Trading Limited Legal Department

Email: service@GardenCoveco.com