Terms

General Terms and Conditions

Introduction

These are the terms and conditions which govern how you use our website as a visitor and/or buyer of goods and services. Please ensure that these terms are read and understood before you engage with us. By continuing on our website, these terms will be deemed accepted by you 

Additional Terms. Note before you read through our terms: Certain features of our website may be subject to additional guidelines, terms, or rules, which will be posted accordingly. Particularly Product pages and Vendor store pages are subject to the vendor’s terms, rules, and privacy policies which are available on the product and Vendor store pages in the corresponding sections.

Access and use of our website 

Certain restrictions. The rights approved to you in these terms are subject to the following restrictions: (i) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit our website; (ii) you shall not change, copy or reverse engineer any part of the website; (iii) you shall not access the website to build a similar or competitive website; and (iv) except as expressly stated herein, no part of the website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to the functionality of the website shall be subject to these terms. All copyright and other proprietary notices on the website must be retained on all copies thereof. 

We reserve the right to change, suspend, or cease the website with or without notice to you. You agree that we will not be held liable to you or any third party for any change, interruption, or termination of the website or any part of it. 

Excluding any User Content that our users may provide, you are aware that all the rest of the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on our website and its content, are owned by us. 

User Content. “User Content” means any and all information and content that a user submits to the website.  

You are exclusively responsible for your User Content. You bear all risks associated with the use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by us. You alone are responsible for your User Content; you may expose yourself to liability. We are not obliged to verify, backup, or support any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your backup copies of your User Content if you desire. 

You hereby grant us an irrevocable, non-exclusive, royalty-free, and fully-paid, worldwide license to reproduce, distribute, publicly display, and perform, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely to include your User Content on our website. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content. 

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use our website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that violates any law, regulation, or obligations or restrictions imposed by any third party. 

In addition, you agree not to: (i) upload, transmit, or distribute to or through the website any software intended to damage or alter a computer system or data; (ii) send through the website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the website to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to our website, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the website, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the website; or (vii) use software or automated agents or scripts to produce multiple accounts on the website, or to generate automated searches, requests, or queries to the website. 

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities. 

We will treat any Feedback you provide to us as non-confidential and non-proprietary. 

Third-party links. Our website may contain links to third-party websites and services. Such third-party links are not under our control, and we are not responsible for any third-party links. We provide access to third-party links only as a convenience to you and we do not review, approve, monitor, endorse, warrant, or make any representations concerning third-party links. You use all third-party links at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. 

Cookies and Web Beacons. Like any other website, Ship-around uses “cookies”. These cookies are used to store information including but not limited to visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors browser type and/or other information. 

Disclaimer. We do not guarantee that the website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties concerning the website, all such warranties are limited in duration to ninety (90) days from the date of first use. 

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 

Other users. If there is a dispute between you and any website user, we are under no obligation to become involved. 

You hereby release and forever discharge Ship-around, our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to our website.  

Limitation of Liability. To the maximum extent permitted by law, in no event shall we or our suppliers be liable to you or any third party for any lost profits, lost sales or business, lost agreements or contracts, lost anticipated savings, lost data, lost use, or corruption of software, data or information, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if you have been advised of the possibility of such damages. Access to and use of the website is at your discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom. 

Nothing in these terms shall limit or exclude our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) breach of the terms implied by the statutory legislation of the relevant jurisdiction.  

Term and Termination. Subject to this section, these terms will remain in full force and effect while you use our website to provide vendor services. We may suspend or terminate your rights to use the website at any time for any reason at our sole discretion, including for any use of the website in violation of these terms. Upon termination of your rights under these terms, your account and right to access and use our website will terminate immediately. You understand that any termination of your account may involve the deletion of your User Content associated with your Account from our live databases. We will not have any liability whatsoever to you for any termination of your rights under these terms. 

Copyright Policy. Ship-around respects the intellectual property of others and asks that users of our website do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, kindly contact us to have the work removed. 

We encourage you to include the following in your notification: 

  1. Personal information such as your name, address, and telephone number. 
  2. All copyrighted works that you claim are being infringed. 
  3. The URL(s) of the said works. 
  4. Read, understand and include this statement: 

“I have a good faith belief that the material I am reporting is not authorized by the copyright owner, an agent of the owner, or the law. The information in this notice is accurate, and under penalty of perjury, I am authorized on behalf of the owner of an exclusive right that is allegedly infringed.” 

Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. 

Notices and changes to our terms. These terms are subject to occasional revision, and if we make any substantial changes, we may notify you either by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our website. You are responsible for providing us with your most current e-mail address. If the last e-mail address that you have provided us is not valid, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our website. These changes will be effective immediately for new users. Continued use of our website following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. 

Electronic Communications. The communications between you and Ship-around are held by use of electronic means. For contractual purposes, you (i) consent to receive communications from Ship-around in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ship-around provides to you electronically satisfy any legal obligation that such communications would satisfy if it were in a hard copy. 

Entire terms. These Terms constitute the entire agreement between you and us regarding the use of our website to provide vendor services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.  

Severability. If any provision or part-provision of these terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.  

No partnership or agency. Your relationship with Ship-around is that of an independent contractor, and neither party is an agent or partner of the other.  

Assignment. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these terms. The terms and conditions outlined in these terms shall be binding upon assignees. 

Confidentiality. Each party undertakes that it shall not at any time during the engagement of our services or use of our platform and for two (2) years after termination of such, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except disclosure (i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information to exercise the party’s rights or carry out its obligations under these Terms (each party shall ensure that its employees, officers, representatives, contractors, subcontractors, or advisers to whom it discloses the other party’s confidential information comply with these Terms); or (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority. Neither party shall use the other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with these terms. 

Waiver. No failure or delay by a party to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. 

Governing law. Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation of the contract therein, shall be governed by and construed by the law of the United Arab Emirates. 

Jurisdiction. Each party irrevocably agrees that the Dubai Courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or its subject matter or formation. 

Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on our website are our property or the property of other third parties. You are not permitted to use these marks or any published literary material on our website without our prior written consent or the consent of such a third party that may own the marks or literary material. 

Restricted Products

Products offered for sale on Ship-Around must comply with all laws and regulations and both our platform’s and individual sellers’ policies. The sale of illegal, unsafe, or other restricted products, is strictly prohibited. Such products include but are not limited to:

  • Drugs and drug paraphernalia
  • Explosives, weapons, and related items
  • Lock-picking and Theft Devices
  • Tobacco and Tobacco-related Products

Restricted Countries

We do not and will not have any dealings or transactions with any sanctioned countries such as Sudan, Iran, Syria, Cuba, North Korea, Crimea, and any other sanctioned countries as updated from time to time by the relevant authorities.

As long as sanctions are in place, we do not allow registration from said countries for both buyers and sellers.

We also prohibit the transportation of products through/via/to any sanctioned countries, as long as the transportation is handled through our partners.  

 

Additional Terms and Conditions regarding Vendor Accounts

Introduction 

These are the terms and conditions which govern how you use our website to provide any vendor services. Please ensure that these terms are read and understood before you engage with us. By continuing to register a vendor account, these terms will be deemed accepted by you.  

The registration of your vendor account shall only be deemed accepted once we have digitally approved your vendor account, which is followed by a corresponding approval email message with further instructions.  

Who we are. We are Ship Around FZ-LLC, a company registered in Dubai, UAE. Our company registration number is 4034544 and our registered office is at FDRK1943 Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates. Our e-commerce license number is 45000763. Any reference to “us”, “we”, or “Ship-around” will refer to the same.  

How to contact us. You can contact us on our website either using our contact form or the live chat module or by writing to us at [email protected]. 

Interpretation. The section titles in these terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails. Any reference to “you” or the “vendor” shall be used interchangeably as the context allows.  

Additional terms. Note before you read through our terms: certain features of our website may be subject to additional guidelines, terms, or rules, which will be posted accordingly. Particularly, product pages and vendor store pages are subject to the vendor’s terms, rules, and privacy policies, if any, which are available on the product and vendor store pages in the corresponding sections. 

Vendor Agreements 

Commission. By registering a vendor account with us on our website, you agree that Ship-around will charge you a flat 6% fee, including transaction costs, on your gross sales. The fee structure may be revisited from time to time, and we acknowledge that we are required to inform you in advance of at least thirty (30) calendar days should there be any changes of such. On this basis, you will be informed either by us sending you an e-mail to the last e-mail address provided to us and/or by prominently posting notice of the changes on our website. Current outstanding orders’ fees will always be calculated based on the fee structure valid at the time of order(s) received.  

Payouts. As soon as the received funds from a buyer are cleared in our account, we shall give you the order to release the items, either for pick-up or transportation. Regardless of the method used by the buyer to receive the goods, we will remit your funds within three (3) business days of receiving proof of shipping or pick-up by the buyer. You are responsible to provide us with a document that proves that the buyer, either picked up the merchandise, or the forwarder/transportation company picked up the merchandise to ship it to the buyer. It is to our discretion to confirm the validity of the said document, including but not limited to contacting the buyer directly, which we are authorized to do from time to time to validate and improve our processes. 

Order release. As soon as we give you the order to release the goods, you are responsible to prepare the items for pick up or transportation within the timeframe that is mentioned on the product listing. Failure to do so may incur penalties including, but not limited to, a daily fee based on the face value of the order. Such repetitive behavior may entitle us to deactivate your account and cancel all outstanding orders. In the event of a delay caused by unpredictable circumstances, you need to contact us immediately for us to evaluate your case.  

Disputes. On the rare occasion of a dispute between you and a buyer, we will use all reasonable efforts to find a solution acting in the best interest of both parties. Our dispute process will activate, and further information will be required from both parties to better understand the case and propose a solution. The solution proposed by us is not binding and will be provided in good faith.  

Product listings. Ship-Around may operate your store on your behalf at your discretion. This is a service that we offer to every vendor, currently free of charge. This includes but is not limited to, creating, updating, and deleting product listings. Whatever means of product uploading you choose, you are ultimately responsible for the accuracy of your listings, which includes but is not limited to product prices, availability, and stock quantity. We may create and manage the listings on your behalf, based on the data you provide us with, but we hereby waive any responsibility for the accuracy of your listings.

Product listings update. In order to keep product listings up to date, you will be asked on a weekly basis to fill in an excel sheet with any changes in prices, availability, and stock quantity. Regardless of the said process, you are required to communicate any changes as soon as possible. Once we offer a direct connection to your in-house ERP/WMS in the near future, you will have the option to opt-out of the regular, manual update process.

Product liability. We hereby waive any responsibility for merchandise provided by you to the buyer, that is defective, that is not fit for purpose, that does not meet the description, that arrives in poor condition, or is not on par with product listings that you (the vendor) are solely responsible for.