These Terms and conditions (hereinafter referred to as the "Terms" or “this Agreement”) contain important information regarding your legal rights, remedies, and obligations. By accessing and using (hereinafter referred to as “Using” or “Use” collectively) the 4supply platform, services, Apps and related products (together “4supply services” or “Services”), you agree to comply with and be bound by these Terms.

Any reference to "4supply", “We” or "the Company" in this agreement refers to Lecangs Hong Kong Limited., a company registered in Hong Kong, with its registered address at【6/F Manulife Place, 348 Kwun Tong Road, Kowloon, Hong Kong】.Any reference to "4supply Marketplace" or the “Site” in this agreement refers to www.4supply.com.

The Company reserves the right to modify these Terms at any time in accordance with this provision. If the Company makes changes to these Terms, the revised Terms will be published on the platform, and the "Last Updated" date at the top of these Terms will be updated. If you do not agree to the revised Terms, you may stop using our Services and deactivate your account at any time. Otherwise, your continued access or use of Services constitutes your fully understanding and acceptance of the revised Terms.

1. Entering into this Agreement with 4supply

By using 4supply Services, you agree to accept this Agreement and be bound by all of its terms and conditions and such other rules and policies of 4supply Services ("Terms"). You represent you are of legal age to form a binding contract with 4supply and are permitted to receive 4supply Services under the laws of the region in which you are resident or from which you access or use 4supply Services. If you are entering into this Agreement on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, "you" and "your" will refer to that company or other legal entity, except where context implies it is referring to you as an individual. If you do not accept all of the Terms, you cannot access or use any of 4supply Services.

2. Relationship to other agreements

To the extent that there is a conflict between this Agreement and any other documents executed between you other documents executed between you and 4supply, including any Purchase Order or Statement of Work between you and 4supply which references this Agreement, the provisions of this Agreement will govern, unless you agree otherwise with 4supply in a written agreement.

You should read carefully all the relevant terms and conditions. 4supply may amend, restate, extend, renew or otherwise modify any Terms at any time.

3. 4supply Services

3.1. Types of Service. As described further down in this section, we offer different types of services, provided by either our own company or through outside vendors (“Vendors”). These services can be provided through 4supply Marketplace. Services include but are not limited to digital services (like quote comparison or online sales for Sellers), and physical services (like fulfilment services and shipment transportation services.)

3.1.1. Services for guest users. This site is not intended for non-registered visitors. If you are interested to become a product buyer or seller, you can register an corresponding account or contact us directly.

3.1.2. Services for Product Buyers. If you elect to compare, purchase, and/or manage the acquisition of goods through the 4supply Marketplace, you are considered a “Product Buyer.” As a Product Buyer, you may utilize the 4supply Marketplace to search for items of interest, obtain quotations, place orders, confirm purchases, manage payments, and arrange for shipping and warehousing.

3.1.2. Services for Product Seller. If a company provides, offers to sell, and sells goods on 4supply Marketplace, the company is a “Product Seller” and engages in “Selling”. Although 4supply is not a Seller and not a party to any agreement between a Product Seller and a Product Buyer, we help Seller manage their rates, calculate prices, market Seller’s products on 4supply Marketplace, receive orders on be behalf of the Seller, act as collection agent to collect payments via 4supply Marketplace and provide fulfilment services, and arrange for shipping services for Seller’s goods.

3.2. In the course of providing the 4supply Services, we may engage sub-contractors or other third parties. Except for those services where the 4supply Marketplace acts solely as an agent, we shall remain fully responsible for all of our obligations under this Agreement whenever such third parties are utilized

3.3 Representations and Warranties. By entering into this Agreement, you hereby represent, warrant, and agree that:

(i) You possess the full power and authority to accept the Terms and Conditions, to grant the necessary licenses and authorizations, and to fulfill the obligations set forth herein;

(ii) Your access to and use of the 4supply Marketplace and 4supply Services shall be strictly for business purposes;

(iii) All documents and information provided by you to 4supply are accurate, truthful in every respect, and not misleading in any way; and

(iv) For users who are business entities, the address provided during registration is the principal place of business of your entity. For the purposes of this provision, a branch or liaison office shall not be considered a separate entity, and your principal place of business shall be deemed to be that of your head office.

3.4 When connection to the 4supply Marketplace System is required, you may submit an application to 4supply Marketplace through the “request” function and provide the necessary information. Should 4supply Marketplace need to obtain additional relevant information about you or your account details from a third-party system during system integration, you may submit such information via the “request” function on the 4supply Marketplace. Any information obtained by 4supply Marketplace is provided voluntarily by you, and you hereby authorize 4supply Marketplace to utilize this information for the purpose of system integration by default. All system integration activities conducted by 4supply Marketplace are executed under your explicit instructions.

3.5 In order to facilitate increased transactions between Buyers and Sellers, you agree to authorize 4supply Marketplace to download and disclose your material package information to specific supplier groups, including but not limited to your account name, item code, and other relevant details.

4. Changes to the Agreement or 4supply Services

4.1. Agreement. Given the dynamic nature of our business and industry, we reserves the right to modify these Terms at any time at our sole discretion in accordance with this provision. If these terms are changed, we will provide a notice to you regarding the modifications/updates. The notice will be provided to you at the email address you provided to us at your registration. If you do not accept the modified/updated Agreement, you will no longer be eligible for using our services, provided that you are still obligated to fulfill any existing obligations under the Agreement that was in place when you entered into an agreement for those services.

4.2. 4supply Services. As part of our efforts to continually improve the 4supply Services, we may change or discontinue any part of the 4supply Services at any time at our sole discretion. For example, we may remove a feature that users do not use very often or add new features.

5. Intellectual Property Rights

5.1. 4supply IP. Subject to your rights described in Section 5.2, we exclusively own all rights, title and interest in, and to any software, tools, utilities, processes, inventions, devices, methodologies, specifications, documentation, techniques and materials of any kind used or developed by us in connection with provision of the 4supply Services to you (collectively "4supply Materials") as well as any text, data, images, information or other materials that are posted, generated, provided or otherwise made available by us through the 4supply Marketplace (collectively "4supply Content"). Our rights expressly include all worldwide patent rights, copyright rights, trade secret rights, know-how and any other intellectual property rights ("Intellectual Property Rights") in the 4supply Materials and the 4supply Content. You have no rights in any 4supply Materials or 4supply Content except as those granted to you in this Agreement. You also cannot record or otherwise access or make use of our data with automated programs, software, or any other method of screen scraping.

5.2. Customer IP:

5.2.1. Customer Content. Subject to this Section 5.2, you represent and warrant that you exclusively own all rights, title and interest in and to any text, data, images, information or other materials posted, generated, provided or otherwise made available by you through the 4supply Marketplace ("Customer Content"), including all Intellectual Property Rights in that Customer Content. You are solely responsible for the accuracy, quality, integrity, legality and reliability of all the Customer Content that you (or any Authorized User) submit to the 4supply Marketplace. By making Customer Content available through the 4supply Marketplace, you hereby grant 4supply a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to access, process, analyze, store, use, copy, and modify your Customer Content in connection with operating the 4supply Marketplace and providing the 4supply Services.

5.2.2. Anonymous Data and Reference Data. You grant us the right to use Customer Content to generate anonymous, statistical data based on such Customer Content (for example, an average price calculated across multiple Customers without naming those Customers), which will not identify you ("Anonymous Data"), and to use such Anonymous Data in any manner in which we see fit, including selling such Anonymous Data. This Anonymous Data is not Confidential Information for purposes of this Agreement and is owned by 4supply. Similarly, in order to improve the 4supply Services for you and others, 4supply may make use of reference data, which is by its nature is not confidential or proprietary, including, but not limited to, formats of industry tariffs or tenders (i.e. column structures with no pricing data), carrier public surcharge data, carrier public "rack rate" prices, fee codes, commodity codes, public service schedules, and names/web sites of corporations ("Reference Data") and this Reference Data is not Customer Content for purposes of this Agreement.

5.2.3. Software License. Most features are provided by 4supply to you as software-as-service accessible via the Site, but in certain situations we may provide software to install on your devices ("Installed Software"). We grant you a worldwide, non-exclusive, non-transferable and non-sublicensable license to download and install a copy of any Installed Software on a mobile device or computer that you own or control, and to run such copy of Installed Software solely in conjunction with your use of the 4supply Services. You agree not to (i) copy the Installed Software, except for making a reasonable number of copies for backup or archival purposes; (ii) distribute, transfer, sublicense, lease, lend or rent the Installed Software to any third party; (iii) reverse engineer, decompile or disassemble the Installed Software; or (iv) make the functionality of the Installed Software available to multiple users (where the Installed Software is designed for a single user) through any means; and (v) use the Installed Software in any way other than the way it is intended to be used. You agree not to modify or create derivative works based on the Installed Software however. If you stop using the 4supply Services, you agree to uninstall all copies of the Installed Software on your devices immediately.

5.2.4. Trademark License. We grant you a non-exclusive, non-transferable, non-assignable, royalty-free, worldwide license, without the right to grant sublicenses, to use the “4supply” name and logo on your list of vendors or list of technologies you use. All goodwill associated with the use of such name and logo inures to the benefit of 4supply. You grant us a non-exclusive, transferable, assignable, royalty-free, worldwide license to list your name and logo on 4supply’s list of customers (whether in a general customer list or a list of customers for a specific product, service or sector) and to publish your reviews. All goodwill associated with the use of your name and logo inures to your benefit.

5.2.5. Data License. From time to time, we may make available certain industry data such as indicative pricing data, whether through our 4supply Marketplace or not ("4supply Data") or otherwise and in such event we may sell a non-exclusive, non-transferable, non-assignable, royalty-free license to you to copy and publish (but not modify) such 4supply Data, subject to the terms and conditions of such license. Any 4supply Data displayed on 4supply Marketplace or associated sites may be used by you provided that you clearly acknowledge 4supply as the source of such data together with a prominent link to 4supply Marketplace with every copy of the 4supply Data that you make, and also agree to fulfill any other 4supply conditions communicated to you governing use of this 4supply Data.

5.2.6. Reservation of Rights. We reserve all rights in and to Intellectual Property Rights, Software, 4supply Materials and 4supply Content not expressly granted to you under this Agreement.

5.3. Data Maintenance and Backup Procedures. We know how important your data is to you. We will use commercially reasonable efforts to store, secure, and backup your Customer Content. We will follow our standard storage, backup and archival procedures for all Customer Content submitted into the 4supply Marketplace. In the event of any loss or corruption of Customer Content, we will use our commercially reasonable efforts to restore the lost or corrupted Customer Content from the latest backup of such Customer Content maintained by us. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF CUSTOMER CONTENT CAUSED BY ANY THIRD PARTY. OUR EFFORTS TO RESTORE LOST OR CORRUPTED CUSTOMER CONTENT PURSUANT TO THIS SECTION 5.3 WILL CONSTITUTE OUR SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF CUSTOMER CONTENT IN CONNECTION WITH THE 4supply SERVICES AND 4supply Marketplace.

6. Mutual Non-Disclosure Agreement

6.1. Confidential Information. "Confidential Information" means: (i) 4supply Materials and 4supply Content; (ii) Customer Content; (iii) any business or technical information that a party discloses to the other party and designates as "confidential" or "proprietary" at the time of disclosure; and (iii) any information that, due to its nature or the circumstances of its disclosure, the receiving party knows or has reason to know should be treated as confidential or proprietary.

6.2. Exclusions. Confidential Information does not include information that: (i) is or becomes generally known to the public through no fault or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without restrictions on use or disclosure; (iii) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (iv) is rightfully received by the receiving party from a third party, who has the right to provide such information and who provides it without restrictions on use or disclosure. In addition, if a company sets up a Business Account and associates Authorized Users' Accounts with the Business Account as contemplated in Section 5.1, Customer Content will be accessible by all associated Account holders via the 4supply Marketplace and 4supply Services, subject to the 4supply Marketplace settings created by the Business Account holder. Similarly, data may be shared between linked Business Accounts of affiliated businesses.

6.3. Use and Disclosure Restrictions. Each party will not use any Confidential Information disclosed by the other party except as necessary for the performance or enforcement of this Agreement and will not disclose such Confidential Information to any third party except to those of its employees and subcontractors who have a bona fide need to know such Confidential Information for the performance or enforcement of this Agreement; provided that each such employee and subcontractor is bound by a written agreement that contains use and nondisclosure restrictions consistent with the terms set forth in this Section. Each party will employ all reasonable steps to protect all Confidential Information disclosed by the other party from unauthorized use or disclosure, including, but not limited to, all steps that it takes to protect its own information of like importance. The foregoing obligations will not restrict either party from disclosing such Confidential Information: (i) pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order or requirement; (ii) to its legal or financial advisors; (iii) as required under applicable securities regulations; and (iv) subject to customary restrictions, to present or future providers of venture capital and/or potential private investors in or acquirers of such party.

6.4. Order Details. Inter-business documents which are used for business purposes such as Quotes, Orders, Invoices and Receipts and relevant communications will be shared between the applicable Product Buyers and Product Sellers as part of the functionality of the 4supply Services.

7. General Use

7.1. Acceptable Use. You agree not to do any of the following in connection with your use of the 4supply Services:

7.1.1. Post, upload, publish, submit or transmit any Customer Content that: (i) infringes, misappropriates or violates a third party's Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

7.1.2. Use, display, mirror or frame the 4supply Marketplace or any individual element within 4supply, 4supply's name, any 4supply trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, unless expressly allowed under the terms of this Agreement;

7.1.3. Access, tamper with, or use non-public areas of the 4supply Marketplace or 4supply computer systems;

7.1.4. Attempt to probe, scan or test the vulnerability of any 4supply system or network or breach any security or authentication measures;

7.1.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by 4supply or any of 4supply's providers or any other third party (including another user) to protect 4supply or 4supply Content;

7.1.6. Attempt to access or search 4supply, 4supply Content or Customer Content, or download 4supply Content or Customer Content from 4supply Marketplace through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 4supply or other generally available third-party web browsers;

7.1.7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;

7.1.8. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing 4supply or 4supply Marketplace;

7.1.9. Collect or store any personally identifiable information from 4supply Marketplace or regarding other users of the 4supply Services without their express permission;

7.1.10. Impersonate or misrepresent your affiliation with any person or entity;

7.1.11. Violate any applicable law or regulation; or

7.1.12. Encourage or enable any other individual to do any of the foregoing.

7.2. Our Enforcement Rights. Although we are not obligated to monitor access to or use of 4supply Marketplace or to review or edit any Customer Content, we have the right to do so for the purpose of operating the 4supply Marketplace, to ensure compliance with this Agreement, to comply with applicable law or other legal requirements, or to improve the user experience. We reserve the right but are not obligated to remove or disable access to any Customer Content, or any Account, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Customer Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects 4supply. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We may also use third parties, including collection agents, to help us enforce this Agreement.

7.3. If you maintain other affiliated accounts on 4supply Marketplace, 4supply reserves the right to apply any balance from your affiliated 4supply Marketplace account against the amount owed on your current 4supply Marketplace account. Whether a 4supply Marketplace account is affiliated to you is subject to the review and judgment of 4supply.

7.4. Compliance. We comply with all applicable laws and expect 4supply Marketplace Product Buyers and Product Sellers to do the same. By entering into this Agreement, you undertake to comply with all applicable laws, rules, and regulations, including without limitation sanctions, anti-corruption, anti-money laundering, and tax laws in your performance of this Agreement.

8. Digital Millennium Copyright Act (DMCA) and Other Copy Right Laws

4supply respects and complies with copyright laws, and expects its users to do the same. It is our policy to terminate in appropriate circumstances Account holders and users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy for further information.

9. Termination

9.1. Term. This Agreement will commence when you accept its terms, and unless terminated earlier in accordance with the terms of this Agreement, will remain in force and effect for as long as you maintain an account with us.

9.2. Termination of Accounts. We may terminate your access to and use of the 4supply Marketplace, including your Business Account or Account, at our sole discretion, upon 90 calendar day notice. However, given the importance of maintaining the integrity of our 4supply Marketplace for all users, if we have reason to suspect abuse or a substantial breach of this agreement, we may terminate your Account at any time at our sole discretion and will only provide notice if we feel it is reasonable and feasible to do so. You may cancel your Account at any time by sending an email to us at sales@4supply.com or by using the cancellation feature on the 4supply Marketplace.

9.3. Effect of Termination. Upon the expiration or termination of this Agreement, you will no longer be able to access and use 4supply Marketplace or 4supply Services and each party will promptly return to the other party or destroy all Confidential Information of the other party in its possession or control.

9.4. Orders that are Still in Process. In the event that upon the expiration or termination of this Agreement, if you have a copy of a valid unexpired Quote from Seller, and wishes to place an Order, or the performance of Freight Services and /or purchase of goods under an Order made through the 4supply Marketplace is ongoing, the expiration or termination of this Agreement will not affect the terms of such Quote or Order. Sellers are obligated and agree to carry out the obligations specified in such Order to completion in accordance with the terms of the agreement between the Seller and you for the Order in question and you are obligated and agree to fulfil their obligations under such Order.

9.5. Survival. The rights and obligations of the parties contained in the following Sections will survive termination of this Agreement or any Statement of Work: Section 5.2 Intellectual Property; Section 5.3 Data Maintenance and Backup Procedures; Section 6.4 Disputes with Product Sellers; Section 7 Mutual Non-Disclosure Agreement; Section 8.2 Our Enforcement Rights;Section 10.3 Effect of Termination; Section 10.4 Orders that are Still in Process; Section 10.5 Survival;Section 11 Disclaimer of Warranties; Section 12 Indemnity and Section 13 Limitation of Liability.

10. Disclaimer of Warranties

THE 4supply Marketplace AND 4supply SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT USING 4supply OR 4supply SERVICES WILL RESULT IN HIGHER NUMBERS OF CUSTOMERS OR INCREASED REVENUE FOR YOU OR YOUR BUSINESS. WE MAKE NO WARRANTY THAT THE 4supply Marketplace OR 4supply SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

11. Limitation of Liability

NEITHER 4supply NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE 4supply SERVICES OR 4supply Marketplace WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE 4supply SERVICES OR 4supply Marketplace, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 4supply HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION WILL APPLY TO YOU TO THE DEGREE ALLOWED BY LAW.

IN NO EVENT WILL 4supply'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE 4supply SERVICES OR 4supply Marketplace EXCEED THE AMOUNTS YOU HAVE PAID TO 4supply FOR USE OF THE 4supply SERVICES IN THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $10,000 IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO 4supply, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE COMMERCIAL AGREEMENT BETWEEN 4supply AND YOU.

12. General Provision

12.1. Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, shall be void. We may assign or transfer this Agreement without restriction or your consent to an affiliated company or to a successor or acquirer, as the case may be, in connection with a merger or acquisition, or the sale of all or substantially all of our assets. Subject to the foregoing, this Agreement will bind and benefit the parties and their respective successors and assigns.

12.2. No Election of Remedies. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will not be deemed an election of remedies and will be without prejudice to its other remedies under this Agreement or available at law or in equity or otherwise.

12.3. Governing Law. This Agreement shall be governed by and construed either: (i) under applicable federal law and the laws of the State of California, excluding any conflict of law provisions, if you are an incorporated/organized/registered business entity under any state laws of the United States; if your principal place of business is within the United States; or if you are an individual who domicile within in the United States; or (ii) under applicable laws of Hong Kong, excluding any conflict of law provisions, if you are not an entity or individual as described in (i) above..

12.4. Jurisdictions. In the event where California laws are the governing law, all disputes arising under or in connection with this Agreement, shall be submitted to binding arbitration in Los Angeles County before an arbitrator selected by mutual agreement of the parties. If the parties are unable to agree mutually on an arbitrator within thirty (30) days after a written demand for arbitration is made, the matter shall be submitted to JAMS/ENDISPUTE ("JAMS") or successor organization for binding arbitration in Los Angeles County by a single arbitrator who shall be a former California judge. The arbitrator shall be selected by JAMS in an impartial manner determined by it. Except as may be otherwise provided herein, the arbitration shall be conducted under the California Arbitration Act, Code of Civil Procedure §1280 et seq. The parties shall have the discovery rights provided in Code of Civil Procedure §1283.05 and 1283.1. The arbitration hearing shall be commenced within ninety (90) days of the appointment of the arbitrator, and a decision shall be rendered by the arbitrator within thirty (30) days of the conclusion of the hearing. The arbitrator shall have complete authority to render any and all relief, legal and equitable, appropriate under California law. The arbitrator shall award costs of the proceeding, including reasonable attorneys' fees and costs, to the party or parties determined to have substantially prevailed.

In the event where Hong Kong laws are the governing laws, all disputes arising under or in connection with this Agreement, shall be submitted to binding arbitration in Hong Kong, to the Hong Kong International Arbitration Centre ("HKIAC") before an arbitrator selected by mutual agreement of the parties. The HKIAC's arbitration rules in effect at the time of the arbitration shall be applied. The arbitration hearing shall be commenced within ninety (90) days of the appointment of the arbitrator, and a decision shall be rendered by the arbitrator within thirty (30) days of the conclusion of the hearing. The arbitrator shall award costs of the proceeding, including reasonable attorneys' fees and costs, to the party or parties determined to have substantially prevailed.

12.5. Severability. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

12.6. Notices. Any notices or other communications provided by us under this Agreement, including those regarding modifications to this Agreement, will be given: (i) via email; or (ii) by posting to the 4supply Marketplace. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Notices to 4supply should be sent to sales@4supply.com.

12.7. Waiver. Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative.

12.8. Language. This Agreement may be translated from time to time for your convenience, but the English language version of the Agreement is the binding version.