Terms of Service

GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE FULFILLMENT GROUP WEBSITE AND THE ASSOCIATED CLOUD BASED SERVICESGENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE FULFILLMENT GROUP WEBSITE AND THE ASSOCIATED CLOUD BASED SERVICES

Last Updated on 5 FEBRUARY 2020

1. ACCEPTANCE OF THE TERMS

Thank you for using Fulfillment Group. These General Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Fulfillment Group website at https://fulfillmentgroup.net as well as all cloud based services provided by Fulfillment Group, regardless of the corresponding domain (the “Cloud Based Platform”).

Please read these Terms carefully.

By accessing or using the Cloud Based Platform, you are agreeing to these Terms and concluding a legally binding contract with Fulfillment Group Limited a company incorporated and existing under the laws of Hong Kong (“Fulfillment Group”). Do not access or use the Cloud Based Platform if you are unwilling or unable to be bound by the Terms.

You can accept the Terms by:

  • Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Cloud Based Platform; or
  • Actually using the Services. In this case, you understand and agree that Fulfillment Group will treat your use of the Services as an acceptance of the Terms.
 

2. DEFINITIONS

Fulfillment Group Limited is a commercial company, providing the Services offered through the Cloud Based Platform.

We

“We” or “us” refers to Fulfillment Group Limited.

Fulfillment Group is a web- and mobile based Internet platform, owned by Fulfillment Group Limited, a company incorporated and existing under the laws of Hong Kong, registered under 67760803-000-05-19-9, having its seat and registered office at Unit 802, 8/F., China Insurance Group Building, 141 Des Voeux Road Central, Hong Kong, which enables users to use the Services of the Cloud Based Platform, which are the subject of these Terms of Service.

User

“User” or “you” or “your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of receiving information from the Cloud Based Platform and accessing the global logistics, fulfilment and other services which Fulfillment Group may offer, and includes other persons jointly participating in using the Services, including without limitation a user having access to the User Account features of the Cloud Based Platform.

Services

“Services” include any and all services, which Fulfillment Group may offer to the User, through the Cloud Based Platform, including but not limited the global logistics and fulfilment services, access to cloud-based IT platform with possible integration of third-party platforms, access to Fulfillment Group’s global network of warehouses and final mile delivery services etc.

User Account

“User Account” is a separate part of the Cloud Based Platform, containing User information required by Fulfillment Group during registration. The User Account is accessed by the User through entering an email or a phone number and a password.

Content

“Content” will include (but is not limited to) images, photos, audio, video, location data, ‘nearby places’, and all other forms of information or data.

Your Content

“Your Content” or “User Content” is the content, submitted by you, as a User of the Cloud Based Platform. It includes, but is not limited to what you upload, share or transmit to, through or in connection with the Services, such as information related to orders and shipments.

Fulfillment Group Content

“Fulfillment Group” means content that Fulfillment Group creates and makes available in connection with the Services, including, but not limited to: visual interfaces, interactive features, graphics, design, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with the activities associated with your User Account and all other elements and components of the Services excluding Your Content and third party content. “Third Party Content” means content that comes from parties other than Fulfillment Group or its Users and is available in or through the Services.

3. USING THE SERVICES

Eligibility

You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in those Terms.

Compliance with the laws

You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties.

Cloud Based Platform Availability

The Cloud Based Platform may be modified, updated, interrupted, suspended or discontinued at any time without notice or .

User Accounts

You must create a User Account and provide certain information about yourself and your company, if applicable, in order to use (some of) the Services that are offered through the Cloud Based Platform. You are responsible for maintaining the confidentiality of your User Account password. You are also responsible for all activities that occur in connection with your User Account. You agree to notify us immediately of any unauthorized use of your User Account. We reserve the right to close your User Account at any time for any or no reason.

Communications from Fulfillment Group

By creating a User Account, you agree to receive certain communications in connection with the Cloud Based Platform.

4. CHANGES TO THE TERMS

Fulfillment Group may amend, change or update these Terms of Service, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.

5. TRANSLATION OF THE TERMS

Fulfillment Group may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with Fulfillment Group. In case there are any inconsistencies between the English version of the Terms and its translated versions, the English version of the Terms shall prevail.

6. CONTENT

Responsibility for Your Content

You are responsible for the content you upload on the Cloud Based Platform. You assume all risks associated with the content you submit, including anyone’s reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to submit information on the Cloud Based Platform. The Cloud Based Platform does not carry any responsibility in respect of losses incurred as a result of an incorrect information submitted by you.

Ownership of Content

As between you and Fulfillment Group, you own Your Content. We own the Fulfillment Group Content, including, among others, visual interfaces, APIs, integrations, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Cloud Based Platform, Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Cloud Based Platform, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights (“IP Rights”), associated with the Fulfillment Group Content and the Cloud Based Platform. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Fulfillment Group Content, in whole or in part, except as expressly authorized by us.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.

6. CONTENT

Responsibility for Your Content

You are responsible for the content you upload on the Cloud Based Platform. You assume all risks associated with the content you submit, including anyone’s reliance on its quality, accuracy, or reliability, disclosure or truthfulness of information. You represent that you are competent to submit information on the Cloud Based Platform. The Cloud Based Platform does not carry any responsibility in respect of losses incurred as a result of an incorrect information submitted by you.

Ownership of Content

As between you and Fulfillment Group, you own Your Content. We own the Fulfillment Group Content, including, among others, visual interfaces, APIs, integrations, interactive features, graphics, design, compilations, including (but not limited to) our database of user content and other Cloud Based Platform, Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Cloud Based Platform, excluding User Content and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights (“IP Rights”), associated with the Fulfillment Group Content and the Cloud Based Platform. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Fulfillment Group Content, in whole or in part, except as expressly authorized by us.

Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Users in our sole discretion.

7. RESTRICTIONS

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including reviews) or engage in any activity that, in our sole discretion:

  1. Violates any third party’s rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. Violates those Terms;
  3. Violates any applicable law;
  4. Threatens, harms, harasses others, or promotes discrimination;
  5. Engages in keyword spamming, or otherwise attempts to manipulate the Cloud Based Platform’s search results;
  6. Solicits personal information from minors or submits or transmits pornography.
 
 

Apart from that, the User agrees not to:

  1. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the or its Content.
  2. Use any robot, spider, site search/retrieval application in the Cloud Based Platform and its integrations;
  3. Make attempts to reverse engineer any portion of the Cloud Based Platform and/or its integrations;
  4. Remove or modify any IP rights notice that appears on any portion of the Cloud Based Platform and its integrations, or on any materials printed or copied from the Cloud Based Platform and its integrations;
  5.  Record, process, or mine information about other Users and clients;
  6. Attempt to gain unauthorized access to the Cloud Based Platform and its integrations, the User Accounts, computer systems or networks connected to the Cloud Based Platform and its integrations, through hacking, password mining or any other means;
  7. Use the Cloud Based Platform, its integrations or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, “Viruses”).
 
 

When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 7, the clause should be interpreted broadly, in favour of Fulfillment Group, and this action should be considered as if it was included in this clause.

8. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES

We process your personal data in accordance with our Privacy Policy and cookies in accordance with our Cookie Policy. You can always retrieve the current version of these at [… ]. In particular these data protection provisions govern and explain the extent to which your personal data is collected, processed, can be seen by other Members and what options you have for controlling its disclosure to other Members and third parties.

Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.

9. THIRD PARTY CLOUD BASED PLATFORMS AND CONTENT

The Services may contain, or you may be sent through the Cloud Based Platform to, links to other Cloud Based Platforms (“Third Party Cloud Based Platforms”). Such Third Party Cloud Based Platforms and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Fulfillment Group and Fulfillment Group is not responsible for any Third Party Cloud Based Platforms accessed through the Cloud Based Platform or any Third Party Content posted on, available through or installed from the Cloud Based Platform.

You agree that we are not responsible for the availability or Third Party Content of such Third Party Cloud Based Platforms. Your use of Third Party Cloud Based Platforms is solely at your own risk.v

10. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS

By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Fulfillment Group and its users, any claims and assertions of any moral rights contained in such Feedback.

11. INDEMNITY

You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account.

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Cloud Based Platform and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.

11. INDEMNITY

You are responsible for maintaining the confidentiality of your username, password and your User Account, as well as all activities that occur under your User Account. You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Cloud Based Platform and/or your User Account. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE CLOUD BASED PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, FULFILLMENT GROUP LIMITED DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE CLOUD BASED PLATFORM MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE CLOUD BASED PLATFORM WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH  THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.

DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. FULFILLMENT GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE FULFILLMENT GROUP SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH FULFILLMENT GROUP, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE OR AS A RESULT OF USING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.

FULFILLMENT GROUP MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, THAT CAN BE SEEN ON THE CLOUD BASED PLATFORM OR OTHER USERS OF THE SERVICES. FULFILLMENT GROUP IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE CLOUD BASED PLATFORM.

YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE CLOUD BASED PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK.

FULFILLMENT GROUP’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE ACTUAL OUT-OF-POCKET AMOUNT PAID BY YOU TO FULFILLMENT GROUP FOR ACCESSING THE CLOUD BASED PLATFORM AND THE SERVICES.

FULFILLMENT GROUP DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.

13. DISPUTE RESOLUTION

You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Cloud Based Platform and the Services shall be resolved individually, without resort to any form of class action.

Any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Fulfillment Group for accessing the Cloud Based Platform and the Services, but in no event attorneys’ fees; and under no circumstances you will be permitted to obtain awards for, and each User hereby waives all rights to claim punitive, incidental, consequential damages or any other damages other than actual out-of-pocket expenses for using the Services of Fulfillment Group.

This Agreement and all rights and obligations in connection with it are governed by the laws of Hong Kong. Any disputes between the Parties arising from this Agreement shall be heard and determined by the competent court of Hong Kong.

14. SEVERABILITY

If any of these terms of use are found unlawful, void, or for any reason unenforceable, then such provisions will be considered severable from the remaining Terms and will not affect the validity and enforceability of the remaining provisions.

15. TERMINATION

  1. You may terminate the Terms at any time by closing your User Account, discontinuing your use of the Cloud Based Platform or providing Fulfillment Group with a notice of termination.
  2. We may close your User Account, suspend your ability to use certain portions of the Cloud Based Platform and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your User Account, the Cloud Based Platform, Your Content, Fulfillment Group Content and/or any other related information.
  3. In the event of any termination of these Terms, whether by you or us, Sections 2, 6, 7, 9, 12, 13, 14, 15, 16 and 17 will continue in full force and effect, including our right to use Your Content as detailed in the provisions of Section 6.

16. GENERAL TERMS

  1. We reserve the right to amend, update, or discontinue the Cloud Based Platform at our sole discretion, at any time, with or without reason, and without notice or liability.
  2. We may provide you with notices, including those regarding changes to the Terms, by email or through the Cloud Based Platform.
  3. Except as otherwise stated in Section 9 above, nothing in those Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.
  4. The Terms contain the entire agreement between you and Fulfillment Group regarding the use of the Cloud Based Platform.
  5. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated so that the Terms shall otherwise remain in full force and effect.
  6. The section titles in the Terms are for convenience only and have no legal or contractual effect.

11. CONTACT

In order to address a question, to resolve a complaint regarding the Cloud Based Platform or the Fulfillment Group Services, or to receive further information regarding the Services, please contact Fulfillment Group using one of the following methods:

Address: Unit 802, 8/F., China Insurance Group Building, 141 Des Voeux Road Central, Hong Kong

e-mail: info@fulfillmentgroup.net

Telephone: +852 91467858