Terms of Service
Emoship Company ("Emoship") owns and operates the website located at www.emoship.com ("Website"). Through www.emoship.com or any other associated websites, APIs, or mobile applications ("Emoship App"), Emoship provides a platform for eCommerce suppliers, sellers, merchants ("you") to fulfill eCommerce orders from various platforms, marketplaces; and re-label your products from Amazon warehouses. The Emoship Site and any other features, tools, materials, or other services offered from time to time by Emoship are referred to as the "Services."
Emoship Subscription Service Terms
Definition: For the purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the following meanings:
"Agreement" means the Sign-Up Form and these Terms (as updated from time to time);
"eCommerce fulfillment" means receiving goods, then processing according to orders from online marketplaces and delivering orders to End Customers on behalf of suppliers, sellers;
"Amazon Re-Label" means receiving goods from Amazon warehouse, implementing labeling process, then packing and delivering back to Amazon warehouse;
"End Customer" means an end customer of a Supplier or Seller to whom any Products are to be fulfilled and delivered by Emoship;
"Sign-Up Form" means the online sign-up or registration form completed by Suppliers, Sellers, FBA businesses and which refers to these terms;
"Personal Data" means any information or data that alone or together with any other information relates to an identified or identifiable natural person ("data subject") or data considered to be personal data under Privacy Laws. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Services" means the services offered by Emoship, including eCommerce Fulfillment and Amazon Re-Label.
"Supplier" means the entity registering as "Supplier" through the sign-up form, where the entity wishes to receive eCommerce Fulfillment services from Emoship in accordance with these terms.
"FBA business" means the entity registering as "Supplier" or "Seller" through the sign-up form, where the entity wishes to receive Amazon Re-Label services from Emoship in accordance with these terms.
Provision of Service: Conditioned on the terms and conditions of this Agreement and payment of the Fees, Emoship shall make the Service available to suppliers, sellers or anyone registered to use services at Emoship during the term of the subscription and provide basic support in respect to entity’s permitted use of the Service. Suppliers, sellers acknowledge and agree that the Service may be unavailable at times during the Term because of:
(a) planned downtime; or
(b) any unavailability caused by circumstances beyond Emoship's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Emoship’s possession or reasonable control, and denial of service attacks.
Responsibilities of Users: Users who are suppliers, sellers using services at Emoship are responsible for all activities that occur in User accounts and for User’s compliance with this Agreement. Users agree to use the Service solely for lawful purposes only. In this respect users may not, without limitation:
(i) use the Service to manage any illegal operations,
(ii) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the technology underlying the Service (including Emoship’s proprietary software and apps which may be available for download on the Website),
(iii) use the Service to send any unsolicited commercial communication not permitted by applicable law;
(iv) endanger any part of any system or Internet connection of Emoship or any third party through use of the Service;
Service Limitations: The Service is not a back-up service and accordingly Emoship will not be responsible for any lost data due to server crashes or other events outside Emoship’s reasonable control.
Definition of Confidential Information: As used in this Agreement, "Confidential Information" means all confidential and proprietary information of a party (the "Disclosing Party") disclosed to the other party (the "Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the Service, business and marketing plans, technology and technical information, product designs, and business processes. Confidential Information shall not include any information that:
(i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party;
(ii) was known to the Receiving Party prior to its disclosure by theDisclosing Party without breach of any obligation owed to the Disclosing Party;
(iii) was independently developed by the Receiving Party without breach of any obligation owed to the disclosing Party; or
(iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
Confidentiality: The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission.
Protection: Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner as it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
Compelled Disclosure: If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
Remedies: If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections contained in this Agreement, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate.
Warranties and Disclaimers
General Warranties: Each party represents and warrants that it has the legal power to enter into this Agreement.
General Service Warranties: Emoship represents and warrants that during the Term (i) it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. For greater certainty, Emoship does not warrant that the use of the Service will be error-free or uninterrupted. In the event of interruption, Emoship will on receipt of a valid request by users provide the users with a pro-rata credit for each complete day of interruption, which will be applied toward future billings.
Disclaimers: The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Emoship or by third-party providers, or because of other causes beyond our reasonable control. Emoship shall use reasonable efforts to provide advance notice in writing or by email of any Services disruption. Emoship shall not be liable for any such unavailability or disruption of Services. Emoship does not represent or warrant that the Service will meet any or all of user’s particular requirements, that the Service will operate error-free or uninterrupted or that all errors or defects in the Service can be found or corrected.
Limitation of Liability
Under no circumstances and under no legal theory (whether in contract, tort, by statute or otherwise) shall Emoship be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, or lost data. For avoidance of doubt, Emoship is not liable for any direct damages, costs, losses or liabilities in excess of the goods damage cap or the aggregate liability cap set forth below, whichever is the lesser amount. Emoship will not be responsible for, and expressly disclaims any liability for, any product damage, loss, or deterioration caused by fluctuations in temperature or humidity levels.
Terms and Termination
You have the right to terminate this Agreement at any time, provided you do not have a balance due and owing (other than any amounts subject to a good faith dispute) by sending a termination request to firstname.lastname@example.org. Subject to earlier termination as provided below, Emoship may terminate, at its discretion and without cause, this Agreement (or our shipments of Goods or Services hereunder) at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Emoship may also terminate this Agreement upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment) if you breach any of the terms or conditions of this Agreement. The termination of this Agreement shall constitute a termination of any Service Level Agreement or Volume Agreement. Emoship reserves the right to immediately modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) if you are in breach of this Agreement. All of Your Content (if any) may be permanently deleted by Emoship upon any termination of your account in Emoship’s sole discretion.