EximAnything (“EximAnything,” “we,” or “our”) provides its Services to you (“you,” “your,” or “Merchant”) via EximAnything.com (“Site”), in accordance with these Terms of Service (“Agreement”). In addition, when you use some services, you will be subject to the regulations (“Policies”) and fee schedule (“Fee Schedule”) that govern the operation of such services and are listed on the Site or easily accessible to registered users of the Service. All such Policies and Fee Schedule are included herein by reference.
Accepting this Agreement, accessing or using the Services, or visiting our Site signifies that you have read, understood, and agree to be bound by this Agreement. The terms of your Order will not alter this Agreement. You confirm that you are at least eighteen (18) years old if you are a person. If you are entering into this Agreement on behalf of a customer, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement, and the terms “you,” “your,” or “Merchant” shall refer to such entity and its affiliates as well. You are not required to accept this Agreement and may not use the Services. If you lack such authorization or refuse to be bound by it.
We have the right to change or modify this Agreement at any time. If any changes or modifications to this Agreement are objectionable to you, your only option is to stop using the Services and send a cancellation email to support@EximAnything.com. Otherwise, you will be bound by the modified or amended terms. EximAnything maintains the right to alter or revise this Agreement at any time by sending an email to the email address associated with your account, posting a notice on the Site, or giving notification through the EximAnything Platform.
First, you must register for the Services. As part of the registration process, you will choose an administrative username and password for your account (“Account”). Using the administrator login and password, standard users may be established (each with a user password).
The EximAnything “Services” include: (a) providing technology solutions to support the receipt, counting, storage, picking, and packaging (“fulfilment”) of physical goods sold by you (the “Goods”) in accordance with your order (“Order”) by EximAnything or independent third-party warehouses using EximAnything’s proprietary Warehouse Management System (“WMS”). (b) providing technology solutions to support the shipment of the Goods by independent third-party carriers (each, a “Carrier”); (c) access to EximAnything’s proprietary platform and associated technology, in object code format only, which EximAnything makes available to you for the purposes of managing Goods, submitting Orders for Goods, and fulfilling Orders (the “EximAnything Platform”); and (d) all data, reports, text, images, sounds, video made accessible to you through any of the above (collectively referred to as the “Content”), including all revisions and updates in such case.
We may engage into a separate Warehousing and Fulfillment Pricing Agreement (“Fulfillment Agreement”) with you, which may change the conditions of the Services. If we do so, the provisions of the Fulfillment Agreement will supersede any conflicting terms of this Agreement. By reference, the provisions of any Fulfillment Agreement are incorporated into this Agreement. We may also provide you with additional Services at our sole discretion, as set out in the Excel and Bulk Upload and Promotional/Volume Spikes Agreement (“Volume Agreement”). If we supply these extra Services, the terms of the Volume Agreement will be included into this Agreement. Any conflicting provisions in this Agreement shall be superseded by the terms of the Volume Agreement.
Responsibilities of Providers
You acknowledge and accept that EximAnything provides a technological platform that connects you with Providers who are in charge of storing, selecting and packaging, and fulfilling your Goods. When your Goods are serviced by a Provider, the Services provided by EximAnything under this Agreement do not include any of these services. EximAnything may additionally provide warehousing, pick and pack, or fulfilment services for you, in which case this Agreement shall govern EximAnything as a technological platform provider and a performing SFN Provider.
EximAnything will assist in the filing of claims with Providers for Goods lost or damaged by a Provider, but EximAnything is not liable for any shrinkage, loss, or damage caused by a Provider.
EximAnything will take commercially reasonable measures to enable the Provider’s agreement to the following terms when such warehousing, pick or pack, and fulfilment services are done by a Provider: (a) The Provider must use EximAnything’s proprietary Warehouse Management System and adhere to EximAnything’s fulfilment policies; (b) the Provider must have the necessary approvals, authorities, licences, and insurance to provide the fulfilment services; (c) the Provider must comply with all federal, state, provincial, and local laws, regulations, and ordinances, including, but not limited to, safety-related laws and regulations;that the Provider will maintain the needed insurance.
Despite the aforementioned, EximAnything does not guarantee any Provider’s appropriateness, legality, or skill. You accept that EximAnything is not responsible or accountable for the performance of the Providers’ warehousing, pick and pack, or fulfilment services, and that EximAnything does not guarantee any Provider’s compliance with relevant laws or regulations..
Responsibilities of Carriers
You understand and agree that EximAnything provides a technological platform that connects you with Carriers that are in charge of transporting your Goods. Based on the dimensions, desired speed, and final location of the Order, EximAnything will utilise its proprietary technology to select the best available shipping option with a Carrier. EximAnything is not a carrier and does not ship or arrange for the shipment of your Goods; therefore, the Services do not contain any shipping services.
EximAnything will assist in the filing of claims with Carriers for Goods lost or damaged by a Carrier, but EximAnything is not liable for any loss or damage caused by a Carrier. All such claims are subject to EximAnything’s Lost in Transit and Damage Claims Policy.
EximAnything will use commercially reasonable efforts to facilitate the Carrier’s acceptance of the following terms: (a) that the Carrier has all necessary approvals, authorities, licences, and insurance to provide the shipping services; (b) that the Carrier will comply with all federal, state, provincial, and local laws, regulations, and ordinances, including, but not limited to, safety laws and regulations; and (c) that the Carrier will maintain insurance as required by law. Regardless, EximAnything will not examine or guarantee the appropriateness, legality, or competency of any Carrier. You accept that EximAnything is not responsible or accountable for the Carriers’ performance of shipping services and does not guarantee any Carriers’ compliance with relevant laws or regulations.
Your Obligations Regarding Access to and Use of the Services
You may access and use the Services only for legitimate purposes, according to the terms and conditions of this Agreement. EximAnything will retain and own all rights, title, and interest in and to the Services (including all intellectual property rights). You shall not: I sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Services available to any third party; (ii) use the Services in any unlawful manner (including, without limitation, in violation of any data, privacy, or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services; or (iii) use the Services in any manner that interferes with or disrupts the integrity or performance of services or (iii) try to obtain unauthorised access to the Services or its connected systems or networks by modifying, adapting, or hacking the Services. You must follow any codes of behaviour, policies, or other notifications EximAnything provides you or publishes in connection with the Services, and you must tell EximAnything immediately if you become aware of a security breach involving the Services.
EximAnything’s proprietary and private information is protected by applicable intellectual property laws and this Agreement, including any software made available to you in connection with the Services (“Software”), including but not limited to the EximAnything Platform.EximAnything hereby grants you a non-transferable, non-sublicensable, and non-exclusive right and license (“License”) to use the object code of any Software and Content on a single device solely in connection with the Services, provided that you do not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any content or right in any software.You agree not to access the Services using any means other than the EximAnything interface. Any rights not explicitly granted above are retained, and no licence or right to use any trademark of EximAnything or any third party in connection with the Services is provided to you. The License may be terminated immediately at the sole discretion of EximAnything and will, in any case, end upon the termination or expiration of this Agreement.
All data, information, comments, recommendations, text, content, and other materials that you upload, publish, send, supply, or otherwise communicate or store in connection with or pertaining to the Services (“Your Content”) are exclusively your responsibility. You understand and agree that EximAnything has the right to automatically add an identifying footer to any email received outside of your company over the Services, in line with our regulations.
You are entirely responsible for the security of your login, password, Your Content, account, and all actions that occur under your login or account. Designated EximAnything workers have access to your EximAnything accounts for support purposes. This includes, but is not limited to, access to production data, including Personally Identifiable Information (“PII”) inside the dashboard and data storage sites. As part of EximAnything’s internal audit processes, this access is audited on a regular basis. You give EximAnything a global, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable licence to use, edit, reproduce, distribute, display, publish, and perform Your Content by posting it on or via the Services. Anything has the right, but not the responsibility, to keep track of the Services, Content, and Your Content.
You further agree that EximAnything may delete or deactivate any Content (including Your Content) at any time for any reason (including, but not limited to, receipt of claims or accusations pertaining to such Content or Your Content from third parties or authorities), or for no reason at all.
You acknowledge that the operation of the Services, including Your Content, may be unencrypted and involve I transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and (iii) transmission to EximAnything’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology to operate and maintain the ServicesAs a result, you agree that you are solely responsible for the necessary security, protection, and backup of Your Content. EximAnything will have no obligation to you for any unauthorised access or use of Your Content, or for any corruption, deletion, destruction, or loss of Your Content, and you shall indemnify and keep EximAnything blameless for any claims, damages, or liabilities arising from Your Content.
You own all of Your Content or have received all permissions, releases, rights, or licenses needed to engage in your posting and other activities in connection with the Services (and to allow EximAnything to execute its responsibilities) without obtaining any further releases or consents. Your Content does not and will not violate, infringe, or misappropriate any third party’s intellectual property or privacy rights, nor does it include any defamatory, obscene, illegal, threatening, abusive, tortious, offensive, or harassing material.
You are responsible for obtaining and maintaining any necessary equipment and auxiliary services to connect to, access, or otherwise use the Services, including hardware, software, networks, and telephone service (collectively, “Your Equipment”). Your equipment must meet all standards outlined in EximAnything’s current regulations. You are also responsible for the security of Your Equipment, your Account, passwords (including but not limited to administrative and user passwords), files, and any unauthorised use of Your Account or Your Equipment.
You have no right to access EximAnything’s or the Provider’s physical facilities or property. You are not authorised to access EximAnything’s or the Provider’s facilities, fulfilment centres, or premises without prior explicit written notice from EximAnything or the Provider, under any circumstances and at any time throughout the Term of this Agreement or later.Because your Goods may be mixed with the Goods of other merchants in EximAnything’s or Providers’ facilities, you may not access the Goods while they are stored in EximAnything’s or Providers’ facilities, during or after the Term, without the prior express written consent of EximAnything and the Provider. If you are allowed access, you will be monitored during the access time, and your access may be revoked at the discretion of EximAnything or the Provider.
EximAnything maintains the right to use your name and/or company name as a reference on EximAnything’s Site and in any communications with existing or new Merchants. To deny EximAnything’s permission to use your name as a reference, send an email to support@EximAnything.com.
EximAnything may, at its own option, provide technical support services by email, chat, or phone in accordance with our regular procedure.
EximAnything is not the Merchant of Record for any of your Goods, nor is it the importer of record for Goods kept with a Provider. EximAnything will not be held accountable for following your instructions via the Services. You realise that EximAnything does not check your Goods and does not accept responsibility for the business choices you make and implement using the Services. EximAnything, for example, has no control over or guarantee that a buyer or seller with whom you do business would remit payment for Goods in line with your agreement with them.
Your Data Protection Rights
Except for the limited rights expressly given in this Section, you retain all right, title, and interest in and to Your Data. “Your Data” refers to all information collected and/or retained by or on behalf of EximAnything in connection with your use of the Services, except data and information relevant to the operation and/or performance of the EximAnything Platform.
You hereby grant EximAnything the non-exclusive right and licence to I copy, use, modify, distribute, display, and disclose Your Data solely to the extent necessary to provide the Services to you under the Agreement, (ii) copy, modify, and use Your Data in connection with internal operations and functions, including, but not limited to, operational analytics and reporting, financial reporting and analysis, audit functions, and archival purposes, and (iii) copy, use, modify, distribute, display, and disclose.
Making Hyperlinks to Our Content
Without previous written permission, the following organisations may link to our Website:
Government agencies, search engines, news organisations, and online directory distributors may link to our Website in the same way they link to the Websites of other listed businesses; and System wide Accredited Businesses, with the exception of soliciting non-profit organisations, charity shopping malls, and charity fundraising groups, which may not link to our Website.
These organisations may link to our home page, publications, or other Website information as long as the link: (a) is not misleading; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) is appropriate for the context of the linking party’s site.
Other link requests from the following organisations may be considered and approved:
popular consumer and/or commercial information sources; dot.com community sites; charities’ organisations or other groups; online directory distributors; internet portals; accountancy, law, and consulting businesses; and educational institutions and trade associations
We will approve link requests from these organisations if we determine that: (a) the link will not reflect negatively on us or our accredited businesses; (b) the organisation has no negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates for the absence of EximAnything; and (d) the link is in the context of general resource information.
Approved organisations may link to our website in the following ways:
By using our corporate name; or the uniform resource locator that is being linked to; or any other description of our Website that makes sense within the context and format of material on the linking party’s site.
Without a trademark licence agreement, no use of EximAnything’s logo or other artwork will be permitted for linking.
Link removal from our website
If you discover a link on our Website that is objectionable for any reason, please notify us immediately. We will examine requests to remove links, but we are under no obligation to do so or to react directly to you.
We do not guarantee the accuracy or completeness of the information on this website, nor do we guarantee that the website will continue available or that the content on the website will be kept up to date.
To the greatest extent permissible by applicable law, we disclaim any representations, warranties, and conditions pertaining to this website and its use. Nothing in this disclaimer is intended to:
limit or exclude our or your liability for death or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit or exclude any of our or your liabilities in any way not permitted by applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
We shall not be liable for any loss or damage of any kind as long as the website and its information and services are offered free of charge.