Fulfillant User Agreement

Last Updated: [2018-01-01]

This User Agreement (“Agreement“) is a legally binding contract between you (“User,” “you,” or “your“) and Fulfillant (“we,” “us,” “our,” or “Company“). This Agreement governs your access to and use of the Fulfillant website at https://www.fulfilldog.com/index (the “Site“) and all related services, including sourcing, procurement, customization, and fulfillment services (collectively, the “Services“).

PLEASE READ THIS AGREEMENT CAREFULLY. BY REGISTERING FOR, ACCESSING, OR USING OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE OUR SERVICES.

1. Definitions

  • “User” refers to any individual or entity that registers for, accesses, or uses the Services.
  • “Services” encompass all services provided by Fulfillant, including but not limited to: product sourcing, supplier management, procurement, ODM development, custom packaging, print-on-demand, bulk purchasing, and third-party logistics (3PL) fulfillment.
  • “Content” includes any text, graphics, images, music, software, audio, video, and other materials made available through the Services.

2. Account Registration and Security

  • Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services.
  • Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate.
  • Security: You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

3. Services and Orders

  • Service Description: Fulfillant acts as a facilitator, connecting you with suppliers and manufacturers and providing logistics support. We are not the manufacturer or ultimate seller of the products.
  • Placing Orders: By placing an order through our Services, you make an offer to purchase products subject to the terms of this Agreement. We will provide an order confirmation, but such confirmation does not signify our acceptance of your order. A contract for sale is formed only when we ship the product(s) to you or your customer.
  • Pricing and Availability: All prices are subject to change without notice. Product availability is not guaranteed. We reserve the right to limit sales and to discontinue any product or service at any time.
  • Shipping and Title: Shipping times are estimates and are not guaranteed. Title to the products and risk of loss pass to you upon our delivery of the products to the carrier. You are responsible for filing any claims with carriers for lost or damaged shipments.

4. User Responsibilities and Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law, regulation, or third-party right.
  • Infringe upon the intellectual property rights of others.
  • Submit false or misleading information.
  • Engage in fraudulent, deceptive, or illegal activities.
  • Distribute viruses or other malicious code.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Use the Services to sell or promote illegal, dangerous, or counterfeit goods.

You are solely responsible for:

  • Complying with all applicable laws in your jurisdiction, including import/export regulations, consumer protection laws, and data privacy laws (such as GDPR or CCPA).
  • Accurately representing products to your end-customers and handling all customer service inquiries related to your sales.
  • Paying all taxes and duties associated with your purchases and sales.

5. Payment Terms

  • Fees: You agree to pay all fees and charges associated with your orders at the rates in effect at the time of order. All fees are non-refundable except as expressly stated in this Agreement.
  • Payment Method: You must provide a valid payment method. You authorize Fulfillant and its payment processors to charge your payment method for all amounts due.
  • Taxes: You are responsible for all taxes, duties, and customs fees (excluding taxes on our net income) related to your transactions.

6. Intellectual Property

  • Our Content: All Content provided by Fulfillant, including our logos, trademarks, and website design, is our property or the property of our licensors and is protected by intellectual property laws.
  • Your Content: By submitting designs, logos, or other content to us for customization services (e.g., Print-on-Demand), you grant us a limited license to use that content solely for the purpose of fulfilling your order.
  • You represent and warrant that you own or have the necessary rights to any content you submit and that it does not infringe on any third-party rights.

7. Disclaimers and Limitation of Liability

  • Services Provided “As Is”: OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • No Guarantees: We do not guarantee continuous, uninterrupted, or secure access to our Services. Operation of the Site may be interfered with by numerous factors outside our control.
  • Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, FULFILLANT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
  • Total Liability: OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO FULFILLANT IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Fulfillant, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any law or the rights of a third party; or (d) any claims made by your end-customers.

9. Termination

  • We may suspend or terminate your account or access to the Services at our sole discretion, at any time, with or without cause, and with or without notice.
  • You may terminate this Agreement at any time by closing your account and discontinuing use of our Services.
  • All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law and Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of China, without regard to its conflict of law principles.
  • Dispute Resolution: The parties agree that any dispute arising from this Agreement shall be resolved through final and binding arbitration in China in accordance with the rules of China. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

11. Miscellaneous

  • Entire Agreement: This Agreement constitutes the entire agreement between you and Fulfillant and supersedes all prior agreements.
  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • Changes to Agreement: We reserve the right to modify this Agreement at any time. We will notify you of material changes by posting the updated Agreement on the Site. Your continued use of the Services after such changes constitutes your acceptance of the new terms.

12. Contact Information

If you have any questions about this User Agreement, please contact us at:
Email: info@fulfilldog.com

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