fbpx

Terms of Use

Terms of use

Last Modified: January 21, 2019

Welcome and thank you for your interest in Etailerhub, operated by Etailerhub Technology Limited and its subsidiaries (collectively referred to as “the Company,” “Etailerhub,” “We,” “Us,” or “Our”). The Company is the operator of websites located at www.hypersku.com, www.hyperlogistix.com and www.etailerhub.com (collectively referred to as the “Website” or the “Platform”). By registering an account on the Website or by otherwise using any other services provided by the Company, you agree to be bound by the following Terms of Use.

These Terms of Use along with our Privacy Policy and Affiliate Terms which are incorporated herein by reference are collectively referred to as the “Agreement” or the “Terms”.

This Agreement is a legally binding contract between you (“You”, “Your” or “User”) and the Company regarding your use of the Website and Services offered by the Company. PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE PLATFORM AND SERVICES OFFERED BY THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE AND SERVICES.

Some services provided by the Company may require you to agree to additional terms and conditions than those stated hereunder. By proceeding to use such Services, you expressly agree to abide by any such additional terms.

Key Terms

Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:

“User” – refers to all unregistered as well as registered Website Users including Retailers/Resellers and their Agents.

“Retailers” – refers to Dropshippers and Vendors/Resellers, whether individuals or organisations and their agents who make use of the Platform services offered by the Company.

“Customer” – refers to Retailer’s Clients/Consumers who place orders for products from the Retailers.

 

Eligibility

You must be at least eighteen (18) years of age to register an account on the Website and use the Services offered by the Company. Please do not access our Website if you do not meet the age eligibility criteria as we cannot enter into legally binding agreements with persons under the age of eighteen years.
Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or entity and to bind the former to this Agreement.
The Platform is only available to Users who are currently residing in the geographical locations specified on our Website.
IN THE INTEREST OF PROTECTING CHILDREN’S PRIVACY, WE DO NOT TARGET OUR WEBSITE TO USERS UNDER THE AGE OF THIRTEEN YEARS. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN. IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, PLEASE IMMEDIATELY CEASE USING OUR PLATFORM.

 

Amendments

From time to time, the Company may update this Agreement to reflect our new business practices or to comply with changes in applicable laws. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. The most current version of the Terms will supersede all previous versions. Please take the time to review these terms regularly to familiarise yourself of any material changes. You hereby release the Company from any liability arising from your failure to review such modified Terms.

 

Maintenance

From time to time we may be required to carry out scheduled or unscheduled Platform maintenance including but not limited to testing, repairs, upgrades and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the Platform temporarily. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.

We may also invite Retailers to participate in Platform testing that we believe will assist us in developing features or functionality that Retailers will find useful. As a registered retailer account holder, you consent to us contacting you via email or through an in-account message regarding such user testing opportunities.

 

Account Registration, Access and Security

Website visitors do not need to create an account to browse through the public areas of the Platform. However, Users do need to create an account to make use of the unique features and functionality offered by the Company.

Retailers can register for an etailerhub passport account either on www.hyperlogistix.com or www.hypersku.com based on their unique needs and use the same user login credentials when accessing other Services offered by the Company.

The Company currently offers multiple subscription plans. You can easily select your preferred plan and apply to create an account by providing all the requested information. Where you create an account on behalf of your organisation, we will require specific information about your organisation. You agree that you will only provide accurate, current and complete information when requested. It is solely your responsibility to keep this information up to date in the event of any change in such information. All personal information is collected and processed by the Company in accordance with our Privacy Policy. Please carefully review our Privacy Policy before creating an etailerhub passport account.

We reserve the right to immediately terminate any User Account if we have a reason to believe that the Account Holder provided us with false or fraudulent information or in the event of a breach of this Agreement by such User. Please note, all User Accounts are offered at our sole discretion.

You are solely responsible for protecting your etailerhub passport account login credentials to prevent any unauthorised access to your account. You may not share your account password with others. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorised access to your account. You assume full responsibility for all activity on your Platform account.

Please immediately report any unauthorised access to your account or other similar suspicious activity to us through the contact form available on the website. The Company reserves the right to restrict access to any account without giving any prior notice to a User if we suspect any fraudulent activity on a User Account without any obligation to credit or discount any subscription fees for such account restrictions.

 

Free Trial

The Company may in its sole discretion choose to offer any paid subscription plans to you on an initial free trial basis. Free trials are for a fixed period and will expire on the specified date regardless of whether you used the service during the trial period or not. You will be requested to provide a valid credit card or other payment information at the time you sign up for the free trial. Please note that your chosen payment method will be authorised for the full-service fee, according to your selected subscription plan, at the time you sign up but your account will not be charged. To continue using the service at the end of your free trial, you will be required to pay full subscription fee according to your chosen plan. Your paid subscription will be governed by Subscription Payments and Cancellation Terms as outlined in this Agreement.

You understand and accept that Company uses free trials to increase its marketing reach and therefore free trials can only be used once per Retailer. Please note that we sometimes offer special promotions with a different subscription fee and subscription term than our standard offer. If you accept a promotional upgrade during the term of your free trial period, your free trial will immediately terminate upon your acceptance of the promotional offer.

You understand and accept that the free trial period is offered to you by the Company under this Agreement and by joining the free trial period you agree to abide by all applicable terms of this Agreement.

 

Subscription Payments and Cancellations

The Company currently offers different monthly subscription plans for its Users. All subscription plans and accompanying subscription fees are available on our Website and quoted in USD. Please note that our subscription fees as listed on the website do not include any applicable taxes and charges that you may incur during your use of the Platform. You will be billed according to your subscription plan (plus applicable taxes) when you first subscribe and each month or year thereafter, on an automatically recurring basis until you choose to cancel your subscription. You must cancel your subscription at least five business days before the end of your current billing cycle to avoid being billed for the following month or year. You can access your billing information at any time by logging into your account and selecting the “Billing Details” option and cancel your subscription or change any payment information. All subscription payments are deemed to be fully earned on the day your account is charged. We do not offer any partial refunds should you decide to cancel your subscription before the end of your current billing cycle.

We currently use Paypal payment processor as well as Payoneer to process subscription payments. We do not collect, store or process any credit card details from our Users and all payment information is collected and managed by our payment processor.

The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least ninety (90) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to either downgrade your plan or cease using the website. Please note any plan upgrades and downgrades will become effective immediately.

In the event we do not receive your subscription fee when it was due and payable, we will attempt to contact you at the contact information provided by you during your account registration. We reserve the right to downgrade or terminate your subscription plan in the event of non-payment. You hereby grant the Company the right to continue its attempt to bill your selected payment method for up to 180 days for failed payments. Please note that we will not be held responsible for any claims relating to loss of data, loss of revenue or lost opportunity as a result of downgrading or termination of your account arising from non-payment of your subscription fee.

 

Account Termination

Once your account is terminated, you will not be able to login to your account using your username and password. Please note that account cancellation will not release you of your obligation to pay any outstanding fees payable by you to the Company.

Please take note that we may purge all data for suspended, expired and cancelled accounts in our sole discretion. It is solely your responsibility to maintain backups of all your data that you wish to access at all times especially before cancelling your account.

The Company reserves the right to terminate any User account or suspend a User’s access to the Platform under the following circumstances:

  1. A User has violated any provisions of this Agreement;
  2. A User’s conduct is harmful to the Company or any other Users; or
  3. The Company discontinues the Service for any reason.

Product Pricing

We reserve the right to change any product prices on our website at any time without giving any prior notice to you. Where we in our sole discretion determine that there has been a typographical or printing error, we may amend product pricing information to reflect the correct price. Users understand and agree that the product prices as listed on the Platform are subject to change as a result of any changes in Supplier’s wholesale pricing. The Company does not control or dictate Supplier’s pricing or any associated shipping or handling charges, and therefore we are unable to guarantee that any product will remain at a particular price for any given period of time.

Minimum Advertised Price (MAP) Products

Some products offered by Suppliers may be covered by a Minimum Advertised Price (MAP) agreement. Where a product is covered by MAP agreement the product will be marked with an asterisk and the Company will display two prices: the wholesale cost and the MAP. If you are a reseller, you understand and agree not to advertise such products to your customers below the MAP.

 

Orders

Liability for your orders

You are solely responsible for any mistakes made by you when placing your orders. It is solely your responsibility to ensure the accuracy of the information you provide when placing your order including verifying the pricing, shipping and handling before to submitting your order.

Order Changes or Cancellations

Generally, you cannot make any amendments to your orders after submission. In some circumstances, you may be able to modify or cancel your order if you contact etailerhub’s customer support using the online form immediately after placing the order with your request. Please note, you must send your order cancellation request within 48 hours from the time you placed the order. If we can cancel your order, we will do so, and you may incur a cancellation as specified on our website FAQ.. The Company will not assume any responsibility for any loss or damages that arise as a result of any request for changes in your orders.

Returns

To learn more about our returns policy and procedure, please visit the FAQ section on our website.

 

Shipping

Please note that we are only able to service shipping orders with a residential ship-to address. Any orders with P.O. Box, APO, or FPO shipping address will not be processed. Each individual supplier may have their own additional shipping restriction; however, an absence of shipping policy should not be interpreted to imply that such supplier will ship to a P.O.Box, APO or FPO address. We reserve the right to cancel any orders to shipping addresses that are not supported by our distributors.

Shipping fees and handling charges

Unless expressly specified otherwise all shipping and handling charges for products purchased from the etailerhub are for such User’s account. Furthermore, any costs incurred for shipments that are refused or returned for any reason not caused by the supplier including any import duties/customs charges are also for your own account.

Please note that where you order any unusually large or heavy products, such product may require a custom shipping fee calculation from etailerhub. We will not ship such products until you approve the custom shipping fees.

Where we receive product information from the Supplier, we may publish the shipping weights of items. Please note availability of shipping weights or absence thereof cannot be used to determine shipping costs and your obligation to pay the applicable shipping fees. You should only rely upon the ‘Shipping fees’ as displayed in the shopping cart to determine the cost of your shipping.

We may accept re-shipping under certain circumstances. Please note that you are solely responsible for any fees incurred in such redelivery of the parcel and the parcel will only be shipped after we receive the full re-shipping fees.

 

Product Warranty

Apart from the manufacturer’s warranty offered by the manufacturer and its agents, the Company does not offer any warranties for any products sold through the Website. If you have any issues, claims or questions regarding a product warranty, you should direct them to the manufacturer or supplier.

Medical Disclaimer

ANY INFORMATION RELATING TO MEDICAL DEVICES, HEALTH SUPPLEMENTS OR SIMILAR PRODUCTS SOLD THROUGH THE PLATFORM INCLUDING BUT NOT LIMITED INFORMATION RELATING TO HEALTH CONDITIONS AND TREATMENTS IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY. NONE OF THE INFORMATION AVAILABLE ON THE WEBSITE IS INTENDED TO REPLACE ANY MEDICAL ADVICE, RECOMMENDATION OR  DIAGNOSES PROVIDED BY A LICENSED HEALTH PROFESSIONAL. YOU SHOULD ALWAYS CONSULT WITH YOUR DOCTOR ABOUT ANY HEALTH ISSUES OR CONCERNS THAT YOU MAY HAVE AND SEEK MEDICAL APPROVAL BEFORE STARTING ANY NEW TREATMENT, DIET OR USING ANY PRODUCT THAT MAY HAVE IMPLICATIONS ON YOUR PHYSICAL OR MENTAL HEALTH. ANY STATEMENTS OR CLAIMS ON THE WEBSITE REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (FDA) OR OTHER INSTITUTION OF SIMILAR STANDING IN THE SELLING DESTINATION. THE COMPANY DOES NOT MAKE ANY CLAIMS REGARDING THE SHORT OR LONG-TERM HEALTH EFFECTS OF ANY PRODUCTS POSTED/SOLD THROUGH OUR WEBSITE. EACH INDIVIDUAL IS UNIQUE, AND THE EFFECTS OF PRODUCTS AND DIETS MAY VARY FROM INDIVIDUAL TO INDIVIDUAL. YOU SHOULD NOT SOLELY RELY UPON THE INFORMATION PROVIDED ON THE WEBSITE TO MAKE ANY HEALTH DECISIONS. YOUR DECISION TO PURCHASE/CONSUME ANY PRODUCTS SOLD THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

 

Reseller Obligations

Legality of Products

It is solely your responsibility to thoroughly investigate the legal implication of selling a specific product that may be prohibited by applicable law of your jurisdiction. Although we make our best effort to avoid suppliers from selling any products that violate any existing intellectual property rights of another person/counterfeit goods; it is solely your responsibility to do any required research prior to selling any products to ensure that the product is not infringing any third-party’s existing Intellectual Property rights. The Company will not assume any liability for any illegal actions of any Supplier on the Platform.

If you wish to sell a product through a third-party online auction or marketplace platform, it is solely your responsibility to familiarise yourself with the applicable terms and conditions of such third-party platform to ensure that platform does not prohibit your product. The Company does not have any control over a third-party platform, and we will not be a party to any agreements between you and such third-parties.

Confidentiality

The Company is continuously developing proprietary techniques, trade secrets and other information that is deemed confidential (“Confidential Information”). The Reseller understands that the Reseller may come in contact with such confidential information during the course of this Agreement. Confidential information not only includes information disclosed by the Company to the Reseller but also information learned by the Reseller during the use of Platform Services under this Agreement. The Reseller hereby agrees that it will retain all such confidential information in confidence and will not disclose any confidential information to any third party without the express written consent of the Company, which may be withheld by the Company for no reason. At all times, the Reseller will make its best effort to limit the access of any third-party, to such confidential information on a need to know basis. This provision shall survive the termination of this Agreement.

 

Prohibited Conduct

The Company provides Retailers access to Supplier information such as Supplier’s trade name, brand(s), product specifications, pricing and availability. Please note you are prohibited from attempting to establish direct contact with the Suppliers. If you have any requests for additional products, pricing or services from a Supplier, please contact us through the support form on our website. We will make our best effort to communicate with the Supplier on your behalf.

You are strictly prohibited from using the services offered by the Company for conducting any illegal activity. You agree to use the platform in compliance with your local laws as well as laws of the country where your customers are based.

Any breach of this provision may result in suspension or termination of your Platform account without any refunds for the remaining subscription period.

Intellectual Property

All content made available by the Company through the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws and conventions. You understand that the Company, its Suppliers and distribution partners and other licensors reserve ownership and copyright in their respective intellectual property published on the Website. You may only reproduce or alter individual product images and description in compliance with applicable laws, the provisions of this Agreement and solely for marketing and reselling purposes.
Unless expressly stated otherwise, You agree not to reproduce any Company Content without the express written consent of the Company and its Licensors. Any unauthorised use of the Company Content may result in suspension or termination of your Platform Account.

Trademarks

Etailerhub, Hypersku, and Hyperlogistix are Company’s registered trademarks. Any use of our proprietary trademark and trade dress for any product or service that is not owned or operated by us is strictly prohibited. Any trademark that appears on the Platform but which is not owned by the Company is the intellectual property or such trademark owner who may or may not be affiliated to the Company.

Unless expressly stated otherwise, any images of persons or personalities visible on the Platform does not indicate an endorsement of any product or service.

 

User Content

The Company does not claim ownership of any User Content including but not limited to any ratings, review, questions and comments posted by Users through the Platform. However, by posting any such User Content on the Platform, you grant us a non-exclusive, royalty-free license to display, use, reproduce, modify, transmit, share or otherwise publish such User Content for any purposes we deem fit without any compensation, acknowledgement to you.

By uploading, posting or transmitting any User Content on the Platform, you represent and warrant to us that you have the intellectual property rights and authority to store or transmit such content and that such submission is not contravening anyone’s existing legal rights or your obligations towards any third-party. You further grant the Company and its authorised personnel the right to identify you as the owner of such User Content by your name, username, or email address where appropriate or required by law.

You understand and accept that by sending us your feedback, ideas and suggestions you are granting us full and exclusive rights, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our Service or by creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.

 

Information Disclaimer

ALTHOUGH WE TAKE ALL REASONABLE STEPS TO MINIMISE ANY ERRORS AND INACCURACIES IN INFORMATION AVAILABLE ON OUR WEBSITE, HUMAN ERRORS ARE POSSIBLE WHICH IS WHY WE ARE UNABLE TO OFFER ANY GUARANTEES.

ALL PRODUCT IMAGES DISPLAYED ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY, AND THERE MAY BE VARIATIONS IN COLOR BASED ON DIFFERENT DIGITAL SCREENS AND STUDIO LIGHTING DURING PRODUCT SHOOT. ALL PRODUCT INFORMATION AS DISPLAYED ON THE WEBSITE IS PROVIDED BY THE SUPPLIERS, AND THE COMPANY NEITHER REPRESENTS NOR WARRANTS THE ACCURACY OR LEGALITY OF ANY SUCH INFORMATION INCLUDING PRODUCT PRICING, DESCRIPTION AND SPECIFICATION. IF YOU HAVE ANY PRODUCT WEIGHT, DIMENSION, COLOUR, CAPACITY OR OTHER SIMILAR QUERIES, PLEASE CONTACT US THROUGH THE CONTACT FORM AVAILABLE ON OUR WEBSITE. IT IS SOLELY THE RESELLERS RESPONSIBILITY TO VERIFY ANY PRODUCT INFORMATION PRIOR TO MARKETING ANY PRODUCT.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED AS TO  THE ACCURACY OF INFORMATION AVAILABLE ON THE WEBSITE AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCURRED RELATING DIRECTLY OR INDIRECTLY, INCLUDING SPECIAL AND CONSEQUENTIAL DAMAGES FOR ANY OMISSION/ACTION YOU TAKE BASED ON THE INFORMATION AVAILABLE ON THE WEBSITE.

ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT THE INFORMATION AVAILABLE ON THE WEBSITE IS ACCURATE AND COMPLETE, WE ARE UNABLE TO OFFER ANY GUARANTEES.

 

Parties Relationship

This Agreement shall not create a partnership, joint venture, agency/principal, employer/employee or a similar relationship between the Retailer and the Company. The Retailer’s relationship with the Company under this Agreement is that of an Independent Contractor. Both Parties assume full responsibility for the payment of their respective tax liabilities and compliance with applicable laws. The Retailer accepts sole responsibility for collection and remittance of any applicable sales taxes to relevant local authorities. Retailers do not have the authority or capacity to bind the Company in any contract with any third-party. As a Retailer, you are also prohibited from making unauthorised or illegal claims from manufacturers.

 

Governing Law and Jurisdiction

This Agreement shall be construed in accordance with the relevant local law of where the company’s entities are located. Both parties hereby agree to the exclusive jurisdiction of the court of law of where the company’s entities are located.

 

Indemnification

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) the violation of these Terms by you;

(ii) Your gross negligence or willful misconduct; or

(iii) the infringement by you, or any third party using your username and password, of any third-party’s rights.

 

Limitation of Liability

In no event shall the Company, its directors, officers, employees, shareholders and agents be liable for any loss of profits, loss of opportunity, costs incurred in the procurement of substitute products or indirect, incidental, special or consequential damages, arising from our related to the use of products available on the Platform. In no event shall the total liability of the Company exceed greater of fifty USD or the amount paid by you to the Company in the month when the dispute first arose. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED IN LAW.

THE COMPANY MAKES NO REPRESENTATION REGARDING THE AVAILABILITY OF PRODUCTS IN ANY GEOGRAPHIC LOCATION.

No Class Action

Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS.

 

California Civil Code Section 1542 Waiver

You hereby release the Company, its directors, shareholders and employees from all unknown risks arising out of or associated with the use of Platform. If you are a resident in the State of California, you expressly waive California Civil Code Section 1542 which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”.

 

Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.