Fulfillment Group Standard Terms and Conditions

Please read these terms and conditions carefully before using the Services available through the Fulfillment Group website or the associated Cloud Based Platform. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions.

Last Updated on 18 July 2022

Definitions


“Business Day” means any day other than a Saturday, Sunday or national public holiday on which banks are open for business in Denmark.

“Cloud Based Platform” means cloud based services provided by Fulfillment Group.

“T&C” means these Fulfillment Group Standard Terms and Conditions.

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

“User Feedback” means any ideas, suggestions, documents, or proposals sent by the User to Fulfillment Group.

“Fulfillment Group Content” 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 the User Account and all other elements and components of the Services excluding User Content and Third Party Content.

“Fulfillment Group” means Fulfillment Group ApS established in Denmark.

“User” / “you” refers to the person or entity at whose request or on whose behalf Fulfillment Group provides Services. User 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 and Services.

“User Account” means 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.

“Services” mean 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 the Cloud Based Platform with possible integration of third party platforms, access to Fulfillment Group’s global network of warehouses and final mile delivery services etc.

“Third Party Cloud Platforms” mean any other cloud based platforms than Fulfillment Group’s own Cloud Based Platform that the Services may contain, or the User may be sent to through the Cloud Based Platform via links.

“Third Party Content” means content that comes from parties other than Fulfillment Group or its Users and is available in or through the Services and Cloud Based Platform.

“User Content” means 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.

Scope of Applicability

These T&C apply to all businesses, visitors, users, and others who access or use the Service.

The T&C contain the entire agreement between you and Fulfillment Group regarding the use of the Cloud Based Platform and any Services.

You accept the T&C by:

  • Clicking to accept or agree to the T&C, where it is made available to you in the user interface of Cloud Based Platform; or
  • 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 T&C.

Upon accepting these T&C and using our Services, hereunder the Cloud Based Platform, you become a User.

Grant of license

You must create a User Account and provide certain information about yourself and your company, if applicable, in order to use the Services that are offered through the Cloud Based Platform.

By creating a User Account, the User agrees to receive communications from Fulfillment Group in connection with the Services.

The User is responsible for all activities that occur in connection with the User Account.

The User agree to notify Fulfillment Group immediately of any unauthorized use of the User Account.

Fulfillment Group reserves the right to close any User Account at any time for any reason.

User Account

You must create a User Account and provide certain information about yourself and your company, if applicable, in order to use the Services that are offered through the Cloud Based Platform.

By creating a User Account, the User agrees to receive communications from Fulfillment Group in connection with the Services.

The User is responsible for all activities that occur in connection with the User Account.

The User agree to notify Fulfillment Group immediately of any unauthorized use of the User Account.

Fulfillment Group reserves the right to close any User Account at any time for any reason.

User Content

The User owns and is responsible for the content that the User upload on the Cloud Based Platform.

The User assumes all risks associated with the content submitted, including anyone’s reliance on its quality, accuracy, or reliability, disclosure, or truthfulness of information.

The User represent that the User is competent to submit information on the Cloud Based Platform.

Fulfillment Group does not carry any responsibility in respect of losses incurred as a result of an incorrect information submitted by the User.

Fulfillment Group reserves the right, at any time and without prior notice, to remove, block, or disable access to any content that Fulfillment Group, for any reason consider to be objectionable, unlawful, unethical, in violation of the T&C or otherwise harmful to the Services or Users.

Fulfillment Group Content

All Fulfillment Group Content, including, among others, visual interfaces, application programming interface (API), integrations, interactive features, graphics, design, compilations, including (but not limited to) Fulfillment Group 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 are owned solely by Fulfillment Group.

Fulfillment Group owns all copyrights, trademarks, trade names, and other intellectual property associated with the Fulfillment Group Content and the Cloud Based Platform.

The User 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 when expressly authorized by Fulfillment Group.

Third Party Cloud Based Platforms and content

Except as otherwise stated in this Section 7, nothing in these T&C is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Services may contain, or the User may be sent through the Cloud Based Platform to, links to other 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. 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.

The User agree and understand that Fulfillment Group are not responsible for the availability or Third Party Content of such Third Party Cloud Based Platforms. The use of Third Party Cloud Based Platforms is solely at the User’s own risk.

Restrictions

The User agrees not to post or transmit any content (including reviews) or engage in any activity that, in Fulfillment Group’s sole discretion: 

  • 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. 
  • Violates the T&C. 
  • Violates any applicable law. 
  • Threatens, harms, harasses others, or promotes discrimination. 
  • Engages in keyword spamming, or otherwise attempts to manipulate the Cloud Based Platform’s search results. 
  • Solicits personal information from minors or submits or transmits pornography. 

 

In addition to the restrictions in Section 8.1, the User agrees not:

  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Cloud Based Platform, the Services, or the Content. 
  • Use any robot, spider, site search/retrieval application in the Cloud Based Platform and its integrations. 
  • Make attempts to reverse engineer any portion of the Cloud Based Platform and/or its integrations. 
  • Remove or modify any intellectual property 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. 
  • Record, process, or mine information about other Users and clients.
  • 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.
  • 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. 

User Feedback

By providing User Feedback, the User agrees that (i) the User Feedback does not contain confidential or proprietary information of third parties, (ii) Fulfillment Group are under no obligation of confidentiality, express or implied, with respect to the Feedback, and (iii) the User grants Fulfillment Group an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the User Feedback, and the User irrevocably waive, against Fulfillment Group and its users, any claims and assertions of any moral rights contained in such Feedback.

In relation to User Feedback, we process your personal data in relation to our Privacy Statement.

Payments

The User shall pay the prices as remuneration for the Services.

Unless otherwise agreed, all invoices must be paid in EUR.

When you make a purchase on the Services, any credit card information you provide as part of your Payment Information is collected and processed directly by our payment processor Stripe through their Stripe Checkout service. We never receive or store your full credit card information.

The prices do not include VAT, customs duties, and other government taxes related to the User’s purchase. These costs and taxes shall be the sole responsibility of the User.

In the event of payment later than 10 (ten) Business Days subsequent to the invoice date the User is liable for interest on overdue payments as regulated by applicable law.

If no legislation applies regarding interests for late payment Fulfillment Group may charge 2% (two percent) per commenced month from the due date of the overdue invoice. Fulfillment Group shall furthermore be allowed to charge the User a dunning fee of DKK 100 for up to 3 (three) payment reminders on overdue payments.

Fulfillment Group and/or its affiliates reserve the right at any time to take out debtor insurance on the User and/or its affiliates covering any amounts that might become due from the User and/or its affiliates to Fulfillment Group in connection with the Services.

Liability

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.

Fulfillment Group’s liability is limited to the actual out-of-pocket amount paid by the User to Fulfillment Group for accessing the Cloud Based Platform and the Services.

Indemnity

The User agree to indemnify, defend, and hold Fulfillment Group, Fulfillment Group 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 T&C or claims arising from the User’s use of the Cloud Based Platform and/or the User Account.

The User agree to cooperate with Fulfillment Group in the defense of any claim. The User will use all reasonable efforts to notify Fulfillment of any such claim, action or proceeding.

Fulfillment Group reserves the right, at Fulfillment Groups’ expense, to employ separate counsel and assume the exclusive defense, and control of any matter otherwise subject to indemnification by the User. Fulfillment Group will use reasonable efforts to notify the User of any such claim, action or proceeding.

Disclaimer

The use of the Services is at the User’s sole risk.

The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties from Fulfillment Group of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose (even if the User had been informed of such purpose), non-infringement, or course of performance.

Fulfillment Group, its subsidiaries, affiliates, and its licensors do not warrant that i) the Services will function uninterrupted, secure or available at any particular time or location; ii) any errors or defects will be corrected; iii) the Services are free of viruses or other harmful components; or iv) the results of using the Services will meet the User’s requirements.

Force Majeure

Neither party is entitled to compensation in the event of non-performance if such non-performance is caused by force majeure.

Force majeure exists if either party is prevented from fulfilling its contractual obligations as a result of war, civil war, rebellion, pandemics, public restrictions, ban on imports or exports, natural disasters, including but not limited to, earthquakes, floods, extensive flooding, waterspouts, volcanic eruptions and widespread industrial disputes, fire etc., which should not or could not have been foreseen by either party at the time of conclusion of any agreement between Fulfillment Group and the User.

Fulfillment Group is entitled to cancel an order or part thereof or deliver the Services once the performance impediment has ceased to exist.

Governing law, dispute resolution and language

These T&C shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.

Any disputes between the User and Fulfillment Group arising from these T&C shall be heard and determined by the competent court in Denmark.

Fulfillment Groups failure to enforce any right or provision of these T&C will not be considered a waiver of those rights. If any provision of these T&C is held to be invalid or unenforceable by a court, the remaining provisions of these T&C will remain in effect.

The T&C are written in English, and, despite the existence of any translated version, the English version shall prevail.

Changes

This version of the T&C cancels any previous versions of Fulfillment Group’s terms and conditions.

Fulfillment Group reserves the right, entirely at its sole discretion, to modify or replace these T&C at any time.

Fulfillment Group will make reasonable efforts to communicate these revisions to the User, via the website or email.

By continuing to access or use the Services after those revisions become effective, the User agrees to be bound by the revised T&C. If you do not agree to the new T&C, please stop using the Service.

Termination

The User may terminate the use of the Services at any time by closing the User Account, discontinuing the use of the Cloud Based Platform, or providing Fulfillment Group with a notice of termination.

Fulfillment Group 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 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 any other related information.

In the event of any termination, whether by you or Fulfillment Group, Sections 1, 5, 6, 7, 8, 10, 11, 14, 15, 16, 17 and 18 will continue in full force and effect, including Fulfillment Group’s right to use Your Content.

Miscellaneous

Fulfillment Group reserves the right to amend, update, modify, interrupt, suspend or discontinue the Cloud Based Platform and the Services at Fulfillment Group’s sole discretion, at any time, with or without reason, and without notice or liability.

The section titles in these T&C are for convenience only and have no legal or contractual effect.

The User is responsible for complying with all laws and regulations in the country in which the User is under jurisdiction of when the User access and use the Services. The User agrees to use the Services only in compliance with these T&C and the applicable law and in a manner that does not violate Fulfillment Group’s legal rights or those of any third parties.

Fulfillment Group process your personal data and cookies in accordance with our Privacy Policy and Cookie Policy.

Contact Fulfillment Group

If you have any questions about these T&C, please contact Fulfillment Group at:

Fulfillment Group ApS

C/O Loeven Advokatpartnerselskab
Frederiksgade 19
1265 København K
CVR 43301373

Email: enquiries@fulfillmentgroup.net
Phone: +31 652770532

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