1 Introduction
1.1 Welcome to the Shipbob Platform (hereinafter referred to as the "Platform"). Before using the Shipbob Platform or opening a Shipbob account ("Account") or opening a Shipbob store ("Store"), please read these Terms of Service carefully to understand your relationship with Shipbob (individually and collectively, "Shippob", "We", or "Our"), your legal rights and obligations. The services we provide (hereinafter referred to as the "Services") include (1) the Platform (including mobile applications), (2) services provided by the Platform and Shipbob client software, and (3) all information, linked web pages, functions, data, text, images, photos, graphics, music, sound, video, information, tags, content, programs, software, application services (including but not limited to any mobile application services) (hereinafter referred to as the "Content") through the Platform or its related services. Any new or upgraded features of the Services shall also be subject to these Terms of Service. These Terms of Service govern your use of the Services provided by Shipbob.
1.2 Shipbob Policies: The various terms and conditions applicable to sellers published and updated from time to time on the Shipbob platform, including but not limited to the Cross-Border Seller Terms of Service, Privacy Policy, Prohibited and Restricted Items Policy, Shipbob Logistics Service Terms, the aforementioned policies and terms of the Seller Center, and any new policies and terms to be released in the future. Unless otherwise provided in these Terms of Service, the definitions and interpretations of terms in the Shipbob Policies shall apply to these Terms of Service.
1.3 Shipbob Platform refers to the websites and mobile shopping applications provided and operated by Shipbob, including but not limited to the global Shipbob shopping website and mobile shopping app.
1.4 By using the Service or opening an account and store on the Platform, you irrevocably accept and agree to these Terms of Service, including any additional terms and policies referenced herein and/or linked to from these Terms of Service. You will also be subject to the Terms of Service of the website platform where your store is located in each country/region. Accepting and agreeing to the Terms of Service does not relieve you of your obligation to read and comply with the Terms of Service of the website platform where your store is located. If there is any conflict between these Terms of Service and the Terms of Service of the platform where you opened your store, the Terms of Service of the platform where you opened your store shall prevail.
If you have entered into a separate written agreement with us for a specific service, the terms of that separate written agreement will prevail if there is a conflict between these Terms of Service.
1.5 The Service includes an online platform service that provides a venue and opportunity for sellers (hereinafter referred to as "you," "User," and "Seller") to conduct product transactions. The actual sales contract is between the buyer (hereinafter referred to as the "Buyer") and the Seller. Shipbob is not a party to this sales contract or any other contract between the Buyer and the Seller, and Shipbob assumes no liability with respect to such contracts. Buyers and Sellers are solely responsible for sales contracts, product listings, purchase guarantees, and similar matters arising from their use of Shipbob's services. Shipbob does not participate in transactions between users. Shipbob reserves the right to pre-screen users or user-provided content or information. Shipbob reserves the right to remove any content or information you provide through the platform in accordance with Section 6.5. Shipbob does not guarantee that users will actually complete transactions.
1.6 Before becoming a user of the Service, you must read and accept all terms contained in and linked to these Terms of Service, and you must agree to the terms (if any) in the Privacy Policy regarding the handling of seller and buyer personal data.
1.7 After becoming a user of the Service, if you violate these Terms of Service and other rules and policies to which you are subject (including but not limited to additional terms referenced in these Terms of Service and/or additional terms provided by the Service, see these Terms of Service and Shipbob's policies for links), Shipbob reserves the right to take appropriate action in accordance with these Terms of Service and related rules and policies (including but not limited to the sanctions described in Section 7.1 of these Terms of Service). You acknowledge and agree to accept Shipbob's handling of such violations and assume the corresponding responsibility.
2 Privacy
2.1 Shipbob takes privacy protection very seriously, and we specifically describe our privacy practices in our Privacy Policy. Please read this Privacy Policy carefully to understand how Shipbob collects and uses personal information related to your account and/or your use of the Service. If you use the Service or provide information on the Platform, you agree to allow Shipbob to collect, use, disclose and/or process your content and personal information (if any) when you use the Service in the manner described in this Agreement. Privacy Policy).
2.2 Users who use the Service and hold third-party personal data (hereinafter referred to as "Recipients") agree to (1) comply with all personal information protection laws and regulations related to personal information; (2) allow the Recipient to collect personal information ("Discloser") to delete its information from the Recipient's repository; and (3) allow the Discloser to view what information its Recipient has collected. In the event of the above (2) and (3), the Discloser shall comply with or act in accordance with applicable laws and regulations.
3 Limited License
3.1 Shipbob grants you a limited and revocable right to log in and use the Service in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos and other intellectual property rights ("Intellectual Property Rights") displayed on the Platform are the property of Shipbob and the third-party owners identified on the Platform (if applicable). We do not grant any right or authorization, directly or indirectly, to any party accessing the Platform to use or reproduce any Property, and no party accessing the Platform shall assert any right, title, or interest in or to the Property. By using the Service, you agree to abide by copyright, trademark, service mark, and all other applicable laws protecting the Service, Platform, and its content. You agree not to copy, distribute, redistribute, transmit, publicly display, publicly perform, modify, adapt, rent, or sell any portion of the Service, Platform, or its content, or to create derivative works based thereon. You may not mirror or frame any part or all of the Content on any other server or display it as part of any other website/platform without our prior written consent. Furthermore, you agree not to use any robot, spider, or any other automatic device or manual process to monitor or copy our Content without our prior written approval (where standard search engine technology is used to direct web users to the Site).
3.2 We welcome links to the Platform from your website, provided that your website/platform does not imply any endorsement by or affiliation with Shipbob. You understand that Shipbob may suspend the provision of part or all of the Services at any time as required by law or in good faith.
4. Software
Any software we provide to you as part of the Services is subject to these Terms of Service. Shipbob reserves all rights not expressly granted herein. Any third-party scripts or program codes linked or referenced in the Service are licensed to you by the third party that owns the scripts or program codes (not Shipbob).
5 Account and Security
5.1 Some features of the Service require you to register an account and store. When registering an account and store, you will need to select a unique user identifier (hereinafter referred to as "User ID") and password and provide some personal information. If the User ID you select is deemed illegal, non-compliant or inappropriate by Shipbob in its sole discretion, Shipbob reserves the right to suspend or terminate your account or freeze or close your store. You may use your User ID and password to log in to other products, websites or services that we have made accessible to you or with which we are affiliated or partnered. Shipbob has not reviewed any third-party content, features, security, services, privacy policies or other practices of these products, websites or services. If you do so, the terms of service of these products, websites or services, including their respective privacy policies (if different from our Terms of Service and/or Privacy Policy), will also apply to your use of these products, websites or services, or use of the Service.
5.2 You agree to (1) keep your password confidential and use your User ID and password only when logging in, (2) Ensure that you log out of your account each time you visit the website, (3) log in to your account and immediately notify shipbob if your user ID and/or password are used without authorization, and (4) ensure that your account information is correct and up-to-date. You are obligated to properly maintain access to the account, and all operations and business activities under the account (including but not limited to sub-accounts opened under your main account) will be deemed to be your actions. You are fully responsible for all activities that occur under your user ID, store and account, even if you may not be the person who performed such activities or use. Shipbob is not responsible for any loss or damage caused by unauthorized use of your password or your failure to comply with the provisions of this section.
5.3 The email address, contact information, etc. you register must belong to you and/or your authorized representative. Shipbob has the right to verify the information you submit. You agree that Shipbob may disclose, transfer or grant access to the above information to third-party service providers and verify such information, otherwise Shipbob has the right to refuse to provide this service.
5.4 Ownership of your Shipbob account belongs to Shipbob, and Shipbob Shipbob has the right to manage your account in accordance with the requirements of laws and regulations or in accordance with the principle of good faith. You agree that Shipbob may, in accordance with the requirements of laws and regulations or in accordance with the requirements of laws and regulations, notify you separately, immediately terminate your account and your user ID, delete any content related to your account and user ID from the platform, and exit the platform. The principle of good faith. Any allowances provided and cancel any transactions related to your account and user ID. Shipbob will also explain to you the reasons for termination, including but not limited to: (1) long-term (more than 30 days or more) failure to log in and operate your account or operate your store; and/or your suspension of business on the platform for more than one year, including failure to pay bills for one year (regardless of whether the account is in use); (2) violation of these Terms of Service; (3) there is a lot of evidence that the user has committed fraud, harassment, defamation, threats, insults or other illegal or in violation of the rules of each website; (4) may have multiple user accounts and duplicate stores for improper or illegal purposes; (5) funds are seized by judicial or administrative authorities; (6) users submit false or forged identity information, which is verified to be true; (7) damage to other users, third parties or Shipbob Behavior for commercial gain (such as infringing third-party intellectual property rights, fabricating transactions, abusing free shipping or discounts, etc.). If you use your account for fraud, harassment, defamation, threats, insults, or other illegal purposes, we may report you to competent law enforcement agencies without notifying you.
5.5 If your Shipbob account is closed due to serious violations, you may not re-register that account. If you discover that your account has been re-registered, Shipbob reserves the right to immediately suspend service and close the seller's account.
5.6 You have the right to terminate these Terms of Service between Shipbob and you at any time by mutual agreement. If a user wishes to terminate their account and store, they may stop driving traffic to achieve a full credit score by notifying Shipbob in writing (via email at service@shipbob.shop or contacting your account manager). Even if your account and store are terminated, you remain responsible for any uncompleted transactions (whether initiated before or after termination), product delivery, product payment, store credit, and other transaction-related matters, and you must promptly notify Shipbob after termination to effectively execute and complete all uncompleted transactions in accordance with these Terms of Service. Shipbob We are not responsible for any damages resulting from actions taken under these Terms.
Non-fulfillment rates (NFR)
Late shipment rate (LSR)
Orders canceled or refunded by sellers up to 20% of total orders
Up to 10 points
Orders not processed by sellers for more than 24 hours
Up to 10 points
Customer service
Rude or abusive chat or comments
Up to 20 points
Requesting buyers to cancel orders more than 3 times in a month
Up to 10 points
Breaking promises
Buyer response rate as low as 80%
Up to 10 points
Sellers failing to provide services to buyers as promised, thereby harming buyers' rights
Up to 10 points
5.7 You may only use the Services and/or open an account/store in the permitted countries/regions as updated by us from time to time.
6 Your Commitments and Guarantees
6.1 You warrant that you have full rights and/or authorization to sell products on Shipbob. Products posted on the platform, and such products, whether manufactured, assembled, produced or otherwise provided by you, are:
(1) of legitimate origin and, unless otherwise stated in the product details, are brand new and genuine products;
(2) strictly comply with all product warranties you provide to the shipbob platform, and the specifications, drawings, samples, performance standards or other descriptions of the products provided by the seller to the shipbob platform;
(3) have the performance characteristics that the products should have, and any defects in the performance characteristics of the products are described;
(4) comply with current laws and regulations, do not violate any current laws and regulations of the United States and the region where the store is located, meet the requirements for protecting personal and property safety and environmental protection, meet the prescribed quality standards approved by the relevant authorities, and do not infringe the rights of any third party (including intellectual property rights); and
(5) there are no third-party infringement claims against any products, or any claims, demands or legal proceedings related to the manufacture, sale, distribution or use of the products. And shipbob will not receive any third-party infringement allegations due to your sale of products on the shipbob platform.
6.2 Commitments and Guarantees:
(1) You agree and warrant that: shipbob You will not advertise, market or promote your products in any way (whether on the Shipbob platform or other media) or use the information you provide to advertise, market or promote your products, and directly or indirectly infringe the rights (including intellectual property rights) of any third party;
(2) You promise and guarantee that the information you provide can be used by Shipbob to advertise, market or promote your products (whether on the Shipbob platform or other media), and does not contain any defamatory or other content that violates the current laws and regulations of the area where the store is located, and is complete
(3) You promise and guarantee that you own or are authorized to own all rights related to the sale of goods, have obtained any necessary formal consents, exemptions, approvals, authorizations, registrations, licenses or declarations to ensure that shipbob has the right to advertise, market or promote the seller's goods, and hereby authorize shipbob to use the above rights within the scope of these Terms of Service for advertising, marketing or promoting the seller's products (whether on the shipbob platform or other media). This license is irrevocable, non-exclusive, royalty-free and sublicensable;
(4) You promise that you will only collect, disclose, use and process buyer information within the scope of the purposes agreed in these Terms of Service. You may not transfer any buyer information without the prior written consent of shipbob and the buyer; if you obtain the prior written consent of shipbob, you shall comply with the current laws and regulations, shipbob's relevant policies and shipbob's reasonable instructions, and the seller shall bear the cost of taking measures at its own expense. Take appropriate protective measures for the buyer's information. You shall be responsible for the collection, disclosure, use, processing or loss of buyer information by its subcontractors or service providers. You promise to indemnify Shipbob for any damages, including loss of goodwill, caused by your breach of this clause or your intentional or negligent performance of your obligations. You shall bear full responsibility for any costs or expenses incurred by you or your subcontractors and service providers in performing the obligations under this clause.
(5) You promise that you have full rights and legal authority to sign this Terms of Service Agreement and the actual sales contract with the buyer. The terms are binding and enforceable on you; you have completed market entity registration and fulfilled your tax obligations in accordance with the law. If you need to obtain relevant administrative licenses and relevant qualifications in accordance with the law, you have obtained the administrative licenses and relevant qualifications in accordance with the law.
(6) You promise that the information you provide to Shipbob or to buyers through the Shipbob platform is accurate, valid and up-to-date; you promise to protect consumers' right to know and fulfill your information disclosure obligations. You shall describe the products truthfully, including but not limited to providing buyers with true and complete product and service descriptions on all channels provided by Shipbob (including but not limited to product description pages, store pages, website message systems), including but not limited to the methods and prices of logistics, after-sales, insurance and other services, as well as the basic properties, functions, packaging, quality, defects, price, etc. of the goods, and shall not make false or misleading statements. Goods.
(7) You promise that the copies of qualifications and authorization documents you provide to Shipbob are true, legal and valid, and the contact information (such as email address, phone number) you provide to Shipbob is valid and accessible. Shipbob may use the above contact information to contact you. And if the relevant qualifications and information change, you shall promptly provide Shipbob with the latest information; if you provide false or invalid documents or fail to provide documents in a timely manner, causing disputes or being punished by the relevant national authorities, you shall be responsible for the disputes arising therefrom. Legal liability, if you cause losses to Shipbob (including its partners, agents, employees, etc.), you agree to compensate for all losses, and Shipbob has the right to stop paying your money until the Terms of Service are terminated;
(8) You promise to sign and perform these Terms of Service and all related actions of the actual sales contract with the buyer, and do not violate any applicable laws, regulations, rules, orders, judgments and injunctions in force at the location of the account and the location of the website. The location where the store is opened. Or the requirements of other courts or administrative agencies.
(IX) You promise to use this platform and sellers to consciously comply with the laws, administrative regulations and relevant national regulations on import and export, foreign exchange supervision and management of various websites involved in cross-border e-commerce business activities;
6.3 The user license of this service is valid until the termination of these Terms of Service. Such license will terminate at the time of termination specified in these TOS, or if you fail to comply with any terms or conditions in these TOS. In this case, Shipbob may unilaterally terminate the authorization, and you shall be responsible for the actual losses caused to Shipbob.
6.4 You agree not to:
(1) upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, alarmist, distressing, distorted, defamatory, vulgar, obscene, libellous, infringing, hateful, racially, ethnically discriminatory or otherwise objectionable;
(2) violate any laws or regulations, including but not limited to import and export restrictions or our "Prohibited and Restricted Goods" policy and other relevant policies;
(3) upload, post, transmit or otherwise make available any content related to minors without the written consent of their parents or guardians, or use the Service to harm minors in any way;
(4) use the Service to impersonate any third party or misrepresent your relationship with any third party;
(5) forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the Service;
(6) remove any proprietary rights notices on the Platform;
(7) without the written consent of the minor's parent or guardian; express permission, cause, permit or authorize the modification, creation of derivative works or translation of the Service;
(8) Use the Service for the benefit of any third party or in any manner not permitted by these Terms, including but not limited to selling or transferring any or all of the Service account without Shipbob's prior written consent. , or authorizing any third party to use the Service;
(9) Use the Service or post product information or sell products in a fraudulent, unreasonable, false, misleading or deceptive manner (including but not limited to false shipments, serious misconduct, unsold transactions, malicious bulk order cancellations, etc.);
(10) Register or operate multiple user accounts simultaneously in violation of the provisions of these Terms of Service;
(11) Use emulators, simulators, robots or other similar hardware or software to access the Shipbob platform, open accounts or access user accounts.
(12) Manipulate the price of any item or interfere with other users' postings;
(13) Take any action that undermines the feedback or ranking system;
(14) Attempt to decompile, reverse engineer, disassemble or crack the Service (or any part thereof), or attempt to decipher any encryption used by Shipbob for the Service and/or any information transmitted, processed or stored by Shipbob's technology or security measures;
(15) Harvest or collect and/or use any information about anyone obtained through the use of the Service, including but not limited to any personal data or information;
(16) Upload, email, post, transmit or otherwise make available any inside information and proprietary and confidential information that you do not have a right to make available under any law, contractual or fiduciary relationships (such as employment relationships and under nondisclosure agreements);
(17) Upload, email, post, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
(18) Upload, email, post, transmit or otherwise make available any advertising, promotional materials, junk mail, spam, pyramid schemes or any other unauthorized form of marketing without the recipient's request or permission;
(19) Upload, email, post, transmit or otherwise make available any computer virus, worm, Trojan horse or any other computer code, routine, file or program designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software, hardware, data or communications equipment;
(20) Disrupt the normal flow of dialogue, cause the screen to scroll faster than the typing speed of other users of the Service, or otherwise affect the real-time communication of other users;
(21) Interfere with, manipulate or disrupt the Service or the servers or networks connected to the Service or any other user's use of the Service, or disobey any regulations, procedures, policies or rules of the Platform and the network connected to the Service;
(22) Take or engage in any action or conduct that could directly or indirectly damage, disable, overload or degrade the Service or the servers or networks connected to the Service;
(23) Use the Service to intentionally or unintentionally violate any applicable local, state, provincial, national or international law, rule, code, directive, guide, policy or regulation, including but not limited to any content related to anti-money laundering or anti-terrorism laws and regulations (whether or not legally binding);
(24) Use the Service to invade the privacy of others, "stalk" or otherwise harass others;
(25) Violate shipbob's rights, including infringement of any intellectual property rights and related impersonation;
(26) Use the Service to collect or store personal data of any third party through the aforementioned prohibited activities; and/or
(27) Post/sell content that infringes a third party's copyright, trademark or other intellectual property rights, or use the Service in a manner that infringes the intellectual property rights of others.
6.5 You understand that all content, whether publicly posted or privately distributed, is the responsibility of the person who posted the content. This means that you, and not shipbob, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Platform, including, but not limited to, any errors or omissions in any Content. You understand that by using this Platform, you may be exposed to Content that is offensive, indecent, or objectionable. To the maximum extent permitted by applicable law, shipbob will not be liable under any circumstances for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage resulting from the transmission or other provision of any Content.
6.6 You understand that shipbob and its assigns have the right (but not the obligation) to pre-screen, refuse, delete, remove or move any Content (including, but not limited to, your Content or information provided through the Platform) that is available through the Platform. For example, shipbob and its assigns have the right to delete any Content that (1) violates these Terms of Service; (2) is the subject of complaints from other users; (3) we receive notifications from you regarding intellectual property infringement or other legal requirements for removal; (4) will be offensive to others. In addition, we may block you from using communications within the Service (including but not limited to status updates, posts, messages and/or chat rooms) to protect the Service or other users, or to enforce the provisions of these Terms and Conditions. Situation. You agree, understand and have evaluated all risks associated with the use of any Content, including but not limited to reliance on the accuracy, completeness or usefulness of such Content. Similarly, you acknowledge that you have not and will not rely on any Content created by or submitted to Shipbob, including but not limited to information in the Shipbob Forums and all other parts of the Site.
6.7 You acknowledge, permit and agree that Shipbob may access, preserve and disclose your account information and Content if required to do so by law, or pursuant to a court order or order of any governmental or regulatory authority with jurisdiction over Shipbob, or as reasonably necessary in good faith and in good faith to: (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to any claims that Content infringes the rights of third parties; (4) respond to you or (5) protect the rights, property or personal safety of Shipbob, its users and the public.
6.8 If you fail to comply with the provisions of this chapter and seriously violate the seller's commitments and guarantees, Shipbob reserves the right to manage the marketplace in accordance with these rules. To maintain market continuity and protect the rights of buyers, Shipbob reserves the right to conduct random inspections of product quality and authenticity (including but not limited to products purchased from consumers or through independent third parties—such as quality inspection agencies or brand owners). When Shipbob periodically checks whether the products sold by sellers are legitimate and authentic, you are obligated to retain and present proof of the legitimate origin of the relevant products. If Shipbob has reason to believe that the inspection results are unsatisfactory or the seller is unable to provide relevant proof, Shipbob reserves the right to impose restrictions on the seller or store.
6.9 When your brand is operating on the platform, if the following situations occur, Shipbob will have the right to remove the brand's products in accordance with the terms of service, and you may not continue to operate:
(1) The brand's products are certified by Shipbob or a third-party professional organization as being produced by a manufacturer without production qualifications and do not meet national, local, industry, or enterprise mandatory standards;
(2) The brand is judged by Shipbob or a third-party professional organization to constitute counterfeiting other people's trademarks, product names, packaging decorations, company names, product quality marks, etc., or is likely to cause confusion and misunderstanding among consumers;
(3) During the operation of Shipbob, it is proven that the dispute rate, complaint rate, and market recognition are high. The average score of the brand's product description is seriously lower than the industry average, which seriously affects the consumer experience. After being informed by Shipbob, one (1)) has not been significantly improved within one month.
7. Violations of Our Terms of Service
7.1 Violations of these Terms of Service may result in a range of disciplinary actions, including but not limited to some or all of the following:
- Warnings, which refer to Shipbob verbally or in writing reminding and warning sellers of inappropriate behavior;
- Deletion/removal of listed products and/or restrictions on store listings;
- Withholding of orders containing prohibited items or items not permitted for sale on the platform;
- Cancellation of any subsidies you have enjoyed, such as shipping subsidies;
- Restriction of account permissions;
- Freezing of account funds;
- Criminal prosecution;
- Civil claims, including but not limited to damages and/or application for conservatory measures.
7.2 If you discover any violation of these Terms of Service by a user on this platform, please contact service@shipbob.shop. Modifications
8. Reporting Intellectual Property Infringement
8.1 Users are independent individuals or businesses and have no relationship with Shipbob. Shipbob is not an agent or authorized representative of users and does not own or have any ownership rights in any products listed on this platform.
8.2 You agree to bear full responsibility for any failure to promptly notify or update your intellectual property documentation, and guarantee that all documentation you provide to Shipbob is true, accurate, and valid (i.e., ensure that all intellectual property documentation is included throughout the Terms of Service and is within its validity period). You will bear full responsibility for any disputes arising from the foregoing reasons or penalties imposed by relevant national authorities. If you cause losses to Shipbob (including its partners, agents, and staff), you agree to compensate Shipbob for all losses.
8.3 If you are an intellectual property rights holder (hereinafter referred to as the "IP Rights Holder") or a legally authorized agent of an IP Rights Holder ("IP Agent"), if you believe that your or your client's intellectual property rights have been infringed, you have the right to send a written notice to: service@shipbob.shop providing the relevant facts of the infringement and preliminary evidence of the infringement, and you have the right to request Shipbob to take necessary legal action. Details of the written notification requirements are set out in Section 8.7 below. Please allow time for Shipbob to process the information you provide. Shipbob will respond to your request as soon as possible.
You acknowledge that if your infringement notification is unqualified, incomplete, or otherwise fails to meet the requirements of Section 8.7 below, Shipbob will notify you to provide additional information within a reasonable period of time.
8.4 Upon receipt of an infringement notification, Shipbob will promptly take necessary measures to forward the notification from the intellectual property rights holder or intellectual property agent (collectively, the "Notifier") that the Notifier believes/designates to be infringing to Shipbob Platform Intellectual Property (hereinafter referred to as the "Notified Party"). As the Notifier, you understand that if your notification mistakenly causes damage to the Notified Party, you will be liable for civil liability in accordance with the law, as well as any claims Shipbob may face due to your false notification. If Shipbob maliciously sends a false notification and causes losses to the Notified Party, Shipbob will be liable for double compensation for any claims it faces.
8.5 If you are the Notified Party, Shipbob reserves the right to take necessary measures against you, including deleting products, blocking or removing products from the shelves, terminating transactions and services, freezing accounts and funds, and deducting funds. After receiving an intellectual property notification, you may submit a statement of non-infringement (hereinafter referred to as the "Statement") to the Shipbob Platform, which should include preliminary evidence of non-infringement.
8.6 If you are the notifier, after Shipbob receives the statement of the notified party in accordance with Article 8.5, it will promptly forward the statement to you and inform you that you can file a complaint with the relevant competent authorities or file a lawsuit with the People's Court. If Shipbob does not receive your complaint or lawsuit notice within the time limit prescribed by law, Shipbob has the right to promptly terminate the measures taken in accordance with the above provisions.
8.7 Please provide the infringement notice in accordance with Article 8.3 in the format specified by Shipbob (Shipbob reserves the right to update it at any time) and attach all of the following information: (1) The physical or electronic signature of the notifier; (2) Preliminary evidence of infringement: a description of the type and nature of the intellectual property rights claimed to be infringed, and proof of ownership (including but not limited to proof of ownership of the local intellectual property sales market); (3) Details of the specific publication product of the reported infringing content; (4) Information sufficient for Shipbob to contact the notifier, such as the notifier's address, telephone number, and email address; (5) A written statement from the notifier indicating that the report is made in good faith and that the infringer's use is not authorized by the intellectual property rights holder or the law; and that the information contained in the report is true and correct. If there is an error, the reporter is willing to assume civil liability resulting from the report. If damage is caused, the person notifying shall bear double compensation liability in accordance with the law. If Shipbob suffers damage, the person notifying is willing to assume all liability for losses caused by the erroneous notification. (VII) Other reporting parties deem it necessary to provide claim materials, etc.
8.8 Shipbob will promptly publicize the relevant notifications, statements, and handling results of reports of intellectual property infringement.
9 Shipbob Performance Guarantee
9.1 Shipbob Performance Guarantee is a shopping guarantee service provided by Shipbob or its authorized agents to buyers (applicable to some Shipbob platforms; please refer to the announcements on each website and platform for applicable regions and rules). To provide liability risk protection, purchase funds paid to you through this service will be held in safekeeping by Shipbob or its authorized agents (hereinafter referred to as the "Shipbob Performance Guarantee Account"). Shipbob will not use these funds for company operating expenses or any other company purposes. Shipbob will not pay sellers interest or other benefits on payments made to the Shipbob Performance Guarantee Account.
9.2 If your store is located on a site that is covered by the Shipbob Performance Guarantee, once the buyer pays the order amount (hereinafter referred to as the "Order Amount"), the Order Amount will remain in the Shipbob Performance Guarantee Account until the buyer pays the amount. Shipbob will pay you the Order Amount held in the Shipbob Performance Guarantee Account upon instruction or at other times when Shipbob reasonably deems it appropriate to dispose of the Order Amount.
(1) If the buyer sends Shipbob a confirmation of receipt of the goods, Shipbob will credit the order amount to the Shipbob Performance Guarantee Account (minus the seller's portion of shipping costs (if applicable), transaction fees and taxes (if applicable)) and cross-border fees (if applicable, as defined below) to you;
(2) If the Shipbob Performance Guarantee Period expires, Shipbob will credit the order amount to the Shipbob Performance Guarantee Account (minus the seller's portion of shipping costs (if applicable), transaction fees and taxes (defined below) and cross-border fees (if applicable, as defined below)) to you;
(3) If Shipbob confirms that the buyer's return and/or refund application is successful, Shipbob will refund the buyer in accordance with the refund and return policy applicable to the store website; in other cases, if Shipbob The Seller shall reasonably determine to credit the Buyer's Order Amount (less Shipping Fees (if applicable), Transaction Fees and Taxes (defined below) and Cross-Border Fees (defined below, if applicable) to the Seller's Transaction Portion as it deems appropriate, including but not limited to any reasonable determination that it is necessary to comply with applicable law or court order or to enforce these Terms of Service.
9.3 The Shipbob Performance Guarantee applies only to Buyers who pay into the Shipbob Performance Guarantee Account through the methods provided by Shipbob. Offline or offline transactions between Buyers and Sellers are not covered by the Shipbob Performance Guarantee.
9.4 Currently, Shipbob can only pay you through third-party payment channels. Therefore, you need to provide Shipbob with your payment details for collection purposes (e.g., payment for product sales or Shipbob refunds).
9.5 Payments will be issued within 1 day after the Buyer receives the order.
9.6 If for any reason the funds cannot be deposited into your designated receiving account and/or you cannot be contacted, Shipbob will make reasonable efforts to contact you using the contact information you provided. If you cannot be contacted and the Buyer's purchase amount is more than twelve (12) If an item remains unclaimed within three months, Shipbob will process such unclaimed buyer purchase funds in accordance with any applicable laws. Sellers must be the beneficial owner of the account and may only trade on their own behalf on the platform. Shipbob reserves the right to request personal information of relevant companies and principals, such as a recent photo of their ID, bank account details, and/or any other necessary documentation (including, but not limited to, documentation required for third-party payment verification processes or logistics and delivery services) for inspection purposes. You consent to Shipbob processing or providing your data to third parties to facilitate sellers' use of the platform, and authorize Shipbob to use your data to conduct user verification procedures deemed necessary by Shipbob's appropriate entities (such as the seller's/buyer's bank). For more information on how Shipbob handles personal data related to your data, please visit our Privacy Policy page.
9.7 The Shipbob Performance Guarantee is additional and does not restrict your ability to fulfill legal obligations under applicable law that may exceed the Shipbob Performance Guarantee. The Shipbob Performance Guarantee is not intended or designed to help users comply with their legal obligations. Users remain solely responsible for their legal obligations under applicable law, and Shipbob assumes no liability related to such legal obligations. Otherwise, the Shipbob Guarantee does not constitute a guarantee or warranty by Shipbob for any products on the Shipbob platform.
9.8 For the avoidance of doubt, any transactions not conducted on the Shipbob platform are not covered by the Shipbob Guarantee.
10. Shipping
10.1 When the Shipbob platform receives an order, Shipbob will notify you to arrange shipment. Unless otherwise agreed by Shipbob, you must make the necessary arrangements to ship the purchased goods to the buyer after receiving this notice. If there are any unfulfilled orders, your withdrawal amount will be affected.
10.2 If your store is located on a site that is eligible for the Shipbob Guarantee, the guarantee period is from the date the buyer pays the purchase price to the Shipbob Guarantee account until Shipbob deposits the payment into the Shipbob Guarantee account (hereinafter referred to as the "Shippob Guarantee Period"). You must make every effort to ensure that the buyer receives the purchased goods within the Shipbob Guarantee Period.
10.3 You understand that you bear all risks associated with the delivery of the goods sold, and you may purchase full insurance for the delivery of the goods sold, based on Shipbob's advice (if any). If you arrange the delivery of the goods yourself, and the goods are damaged, lost, or undeliverable during transportation, you acknowledge and agree that Shipbob will not be responsible for any losses, costs, or expenses incurred, and you should contact the logistics service provider to resolve any disputes.
10.4 You should understand that all cross-border transactions are subject to the import and export laws and regulations of the country of origin. You should be familiar with the relevant import and export restrictions of the country/region in which you sell the goods. You understand that Shipbob does not provide import and export legal advice and agree that you bear all risks and responsibilities associated with cross-border import and export transactions.
10.5 If you arrange the delivery of the goods yourself, you may choose to use the paid overseas warehousing and logistics services provided by Shipbob (hereinafter referred to as the "Overseas Warehouse Service"). If you use the Overseas Warehouse Service, Shipbob will comply with (1) your written authorization (if applicable), (2) the Overseas Warehouse Agreement signed between Shipbob and you, and (3) the Overseas Warehouse Service Terms, Operational Procedures, and Instructions Platform (if applicable) published on Shipbob (hereinafter collectively referred to as the "Overseas Warehouse Service Rules") to provide you with warehouse operation services in the buyer's region/country. If you apply to use the Overseas Warehouse Service, you have fully read, understood, and agreed to all the Overseas Warehouse Service Rules. If you do not agree to all or part of the Overseas Warehouse Service Rules, please do not use the paid Overseas Warehouse Logistics Service.
11 Seller's Responsibilities
11.1 You shall properly manage and ensure that the product information you list is up-to-date, such as product prices and details, inventory quantities, and terms and conditions of sale. You shall not list inaccurate or misleading information.
11.2 You shall determine the price of the goods you sell at your sole discretion. Unless otherwise agreed with the buyer, the total amount charged to the buyer shall include the product price and shipping costs, as well as all other fees, including VAT and customs duties (if applicable), and you shall not charge the buyer any additional fees for such costs.
11.3 You agree that Shipbob may, in its sole discretion, conduct promotional activities for you or on your behalf through various marketing methods in good faith to facilitate transactions between you and the buyer. The final price actually paid by the buyer shall be the adjusted price.
11.4 To promote your listed products, Shipbob may advertise these products (at the adjusted price) on third-party websites (such as portals and price comparison websites) and other websites operated by Shipbob (domestic or international).
11.5 Upon request, you must provide the buyer with a receipt, credit card slip, or tax invoice.
11.6 You acknowledge and agree to assume all tax responsibilities and obligations associated with the sale of goods. Shipbob does not provide legal or tax advice. Since tax-related laws and regulations are subject to change, you should seek professional advice immediately if you have any questions.
11.7 You ensure that your products are reasonably priced, with a maximum markup of 15%.
11.8 You ensure that the minimum number of products on your shelves is 20.
11.9 You ensure that you have been operating on the Shipbob platform for at least one month and are prohibited from ceasing operations for any reason within one month.
11.10 You commit to providing the best service to buyers on our platform and must process orders within 72 hours. Failure to do so will result in your store being blocked by the system.
11.11 You agree to process return orders, giving buyers the right to return goods within seven days of receiving their order, to protect the interests of buyers on our platform.
11.12 You acknowledge and agree that if you violate any Shipbob policy, you are willing to accept the disciplinary action described in Section 7.1 of these Terms.
12 Payment Methods/Fees/Commissions
12.1 You shall pay Shipbob a transaction fee for each order in accordance with the transaction rules of each Shipbob website platform. Transaction fees are fees paid to third-party transaction clearing service providers/banks. Fees may be updated from time to time due to regional financial policies or adjustments to cross-border transaction fees imposed by third-party transaction clearing service providers/banks. You should pay close attention to these fees and remain vigilant for updates from Shipbob.
12.2 For orders placed on the Shipbob platform, sellers shall pay the corresponding commissions on Shipbob. Information regarding commission collection and calculation methods is posted on Shipbob's designated bulletin board or in the Seller Center. Shipbob may update this information from time to time. You should pay close attention to these fees and remain vigilant for updates from Shipbob.
12.3 Service tax/VAT and other applicable taxes will be included in the fees payable (if applicable). Unless otherwise agreed upon by the parties, you shall be solely responsible for all such taxes. You acknowledge and agree that Shipbob may deduct its fees and any applicable taxes from the order amount paid by the buyer. Upon the seller's request, Shipbob shall provide a receipt or tax invoice (if applicable) for the fees and taxes paid by the seller. If your store on the applicable site does not have sufficient balance to deduct the fees and any applicable taxes, you hereby agree that Shipbob may deduct the fees and any applicable taxes from your balance on other sites.
12.4 You understand and agree that the payment methods (payment gateway and USDT-ETH/TRX), currencies, and exchange rates applicable to settlements between you and Shipbob will be determined and adjusted in accordance with Shipbob's published policies and rules. If you disagree with these terms, you should promptly communicate with your account manager. Sellers may choose to suspend, terminate, or terminate the service, or enter into a mutually agreed-upon fee settlement agreement with Shipbob in writing. You agree to pay Shipbob fees (including but not limited to advertising fees, storage fees, shipping fees, transaction fees, returns and refunds, etc.) in accordance with Shipbob's policies, rules, and requirements. You acknowledge that Shipbob reserves the right to send you letters (including but not limited to formal written letters or emails) demanding payment or reimbursement of any fees owed within a specified period. You acknowledge that if you fail to make payment within the specified periods specified in the relevant policies and rules, as well as Shipbob's letters (if any), Shipbob reserves the right to take appropriate action against you in accordance with the relevant policies and rules, and these Terms of Service.
12.5 You acknowledge and agree that the minimum withdrawal amount is US$50.
12.6 You acknowledge and agree that Shipbob reserves the right to change any offer details without prior notice.
13 Marketing Services
13.1 Shipbob will gradually launch keyword advertising and/or other marketing services (hereinafter referred to as "Marketing Services") on the Shipbob platform, including but not limited to data packages, JBP on various platforms, influencer marketing, off-site traffic (such as Facebook ads), and any marketing programs launched later by Shipbob. Sellers are welcome to purchase Marketing Services as part of their product marketing strategies. Shipbob provides paid marketing services in accordance with these Terms and Conditions and the service content, purchase process, and instructions then published on the Shipbob platform (hereinafter referred to as the "Marketing Service Rules"). By applying to purchase Marketing Services, you represent that you have fully read, understood, and agree to all of these Marketing Service Rules. If you disagree with any of these Marketing Service Rules, please do not purchase.
13.2 You must be a seller and product advertiser who complies with these Marketing Service Rules to purchase Marketing Services. Your account and store must be active when you purchase and pay for Marketing Services.
13.3 After purchasing Marketing Services, you must pay the Marketing Fees in the manner and according to Shipbob's regulations. Unless otherwise provided by applicable law or these Marketing Service Rules, you may not cancel your order and/or request a refund after you have completed payment for Marketing Services.
For advertising services: (1) You can view the income and expenditure of advertising fees in your advertising account; (2) Shipbob accepts various channels for recharge, whichever is available at the time; (3) If you activate the automatic account recharge function, you can select the minimum account balance and the automatic recharge amount, and agree that Shipbob will deduct the amount from the order amount (if any) settled in accordance with the following provisions: Shipbob Policies; (IV) Other marketing service rules, policies and requirements related to Shipbob advertising services.
13.4 You can choose to purchase advertising and marketing services at the same time as you start to release the product, or you can choose to purchase advertising and marketing services during the product release period. You can set different budgets, keywords, marketing cycles, etc. for different products according to the marketing service rules. The marketing service for this product will be activated according to your settings until it expires or the advertising fee balance in the advertising account is cleared. Until. If the product is sold or removed from the shelves during the marketing period you set, the marketing fees incurred will not be refunded, and you cannot request to transfer the remaining marketing period to other products.
13.5 The products you list must comply with relevant laws, marketing service rules, Shipbob's Terms of Service, and the Prohibited and Restricted Products Policy. You understand and agree that if Shipbob discovers or receives a report that your products violate or may violate these regulations, Shipbob reserves the right to immediately remove your offending products and advertisements without refunding any marketing fees paid. Furthermore, Shipbob will directly remove products or advertisements from Shipbob through legal and formal procedures with competent authorities or judicial bodies, without refunding any fees. Shipbob assumes no compensation or liability for products or advertisements removed as a result of this.
13.6 You understand and agree that Shipbob does not guarantee that purchasing marketing services will increase your product views or sales.
13.7 We recommend that you purchase and use marketing services based on your current budget and the desired marketing results for each product. Except as otherwise provided in these Terms of Service or the Marketing Service Rules, Shipbob assumes no compensation, liability, or other liability for the intended goals or actual results of marketing activities.
13.8 If Shipbob is held liable for any damages arising from the marketing services you purchase in accordance with applicable laws and regulations, you understand and agree that Shipbob's full liability is limited to the fees you paid for the marketing services.
14 Disputes
14.1 When a problem arises in a transaction, Shipbob encourages friendly negotiations between users. Since Shipbob is only a platform for users to conduct transactions, sellers should contact the seller directly if they have any questions about the goods purchased by buyers. Alternatively, you can seek assistance from a local dispute resolution agency with jurisdiction to resolve any disputes arising from the transaction.
14.2 You agree not to file a lawsuit or otherwise make any claims against Shipbob or Shipbob's affiliates for any disputes arising from any transactions with buyers on this website.
15 Feedback
Shipbob welcomes any suggestions and comments to help Shipbob improve the quality of its services. Please refer to the feedback process below for details:
(1) If you need feedback, please send it to us in writing by email or using the comment form in the application.
(2) Anonymous feedback is not accepted.
(3) Users receiving feedback should be fully informed of all facts and given the opportunity to express their opinions.
(4) Ambiguous and derogatory feedback will not be accepted.
16 Service Statement
16.1 The Service is provided as is and shipbob makes no warranties, claims or representations with respect to the Service, whether express, implied or statutory, including but not limited to warranties of quality, efficacy, non-infringement, merchantability or fitness for a particular purpose or arising from a course of dealing, custom or usage of the trade. Without limiting the foregoing, to the maximum extent permitted by law, shipbob does not guarantee that the Service, Platform or the functions contained therein will be accessible, uninterrupted or timely, secure, reliable, correct, complete or error-free; that defects (if any) will be corrected; and that the Platform and/or the Platform server are completely free of viruses, clocks, timers, counters, worms, software locks, lethal devices, Trojan horses, routers, trap doors, time bombs or any other harmful program code, instructions, programs or components.
16.2 You acknowledge that, to the maximum extent permitted by law, you bear all risks associated with the use of the Platform and/or Services.
16.3 Shipbob has no control over the following matters and, to the maximum extent permitted by law, makes no warranties or assumes any responsibility for the following matters: (1) the fitness for a particular purpose, authenticity, quality, safety, or legality; (2) the ability of the seller to provide goods or the ability of the buyer to pay. In the event of a dispute involving one or more users, you agree to resolve the dispute directly between you and, to the maximum extent permitted by law, release Shipbob and its affiliates from any and all claims, demands, and damages arising out of or related to the dispute.
17 Disclaimer and Limitation of Liability
17.1 To the maximum extent permitted by applicable law, in no event shall shipbob be liable for the following, whether in contract, warranty, tort (including but not limited to negligence (whether active, passive or in tort), product liability, strict liability or other theory) or other action under law, regulation, statute or otherwise:
17.1.1 (1) loss of use; (2) loss of profits; (3) loss of revenue; (4) loss of data; (5) loss of goodwill; (6) failure to achieve anticipated benefits, whether directly or indirectly; or
17.1.2 any indirect, incidental, special or consequential damages, including but not limited to any damages arising out of or in connection with the use of or inability to use the Platform or the Services, even if shipbob has been advised of the possibility of such damages.
17.2 You acknowledge and agree that you have the sole right to request termination of your account and/or discontinuation of use of the Services due to any questions or dissatisfaction with the Services.
17.3 Nothing in these Terms of Service limits or excludes shipbob's liability for death or personal injury resulting from its negligence, or any other liability that cannot be limited or excluded by law.
18 Content You Post and Submit on the Service
18.1 By posting and submitting any Content on the Service, you represent and warrant that you have all necessary rights and/or licenses and grant shipbob the following authorizations. You further acknowledge and agree that you are solely responsible for any Content you post or otherwise make available through the Service, including, but not limited to, the accuracy, reliability, nature, freedom, legal compliance, and regulatory compliance of any Content provided. You hereby grant shipbob and its successors a perpetual, revocable, worldwide, non-exclusive, royalty-free/royalty-free, sublicensable, and transferable license to use the Content on, through, or in connection with the Service. You may also use, reproduce, distribute, redistribute, transmit, modify, adapt, create derivative works from, publicly display, and publicly perform the Content in any media formats and through any media means in connection with the Service, including, without limitation, for the promotion and redistribution of portions of the Service (and derivative works thereof). You understand that Content you submit may be transmitted over various networks and may be altered to conform and adapt to technical requirements.
18.2 Shipbob will not treat any materials, information, or ideas you post or otherwise transmit to Shipbob on or through the Service (each, a "Submission") as confidential and may be disseminated or used by Shipbob for any purpose, including, but not limited to, developing, manufacturing, and marketing products, without payment. When you submit Submissions to Shipbob, you acknowledge and agree that Shipbob and/or other third parties may independently develop software, applications, interfaces, products, and other features that are identical or similar to the functionality, program code, or other features of your Submissions, as well as revised and enhanced versions. Therefore, you hereby grant Shipbob and its successors a perpetual, revocable, worldwide, non-exclusive, royalty-free/royalty-free, sublicensable, and transferable license to use any Submissions in any media formats in connection with the Service and to develop the Service, and to use, reproduce, distribute, redistribute, transmit, modify, adapt, create derivative works from, publicly display, and publicly perform any Submissions through any media channels, including, but not limited to, promoting and redistributing portions of the Service (and derivative works thereof). These Terms do not apply to personal information protected by privacy laws unless you make such personal information publicly available on or through the Services.
19. Content Submitted by Third Parties to the Services and External Links
19.1 Each provider of data, text, images, sounds, videos, software, and other content submitted to the Services is responsible for the accuracy, reliability, nature, freedom of use, and compliance with legal and regulatory restrictions of such submitted content. Liability.
19.2 In addition, the Services may contain links to third-party products, websites, services, and programs. These third-party links will take you off the Platform. These links are provided for informational purposes only. The linked websites are not under the control of Shipbob, and you access them at your own risk. Therefore, Shipbob is not responsible for the content of any such linked websites or any link contained in a linked website, including any changes or updates to such websites. Shipbob provides these links for your convenience only, and the inclusion of any link does not imply or express any association, endorsement, or sponsorship of Shipbob with any linked website and/or any content thereon.
19.3 You understand that third-party links, products, websites, and services are not owned or controlled by Shipbob but are operated and owned by third parties and may be protected by applicable copyright or other intellectual property laws and treaties. Shipbob has not reviewed these third-party content, features, security, services, privacy policies, or other practices. We encourage you to carefully review the terms and other policies provided by these third parties on their websites or elsewhere. You also acknowledge and agree that Shipbob reserves the right to remove any third-party links or applications from the Service that violate applicable regulations or these Terms of Service without prior notice or consent.
20. Fraudulent or Suspicious Activity
20.1 If Shipbob believes, based on user reports or reasonable considerations, that you may be involved in any potentially fraudulent or suspicious activity and/or transactions, we may take various measures to protect Shipbob, users, third parties, or prevent you from revocations, refunds, claims, fees, penalties, and other liabilities. The actions we may take include, but are not limited to, the following:
(1) We may close, suspend or restrict access to your account and/or suspend processing any transactions;
(2) We may suspend your eligibility for the Shipbob Performance Guarantee;
(3) We may freeze the funds in your account, use or transfer them pursuant to a valid judgment, award or order applicable to you or your account (including orders and judgments issued to Shipbob by courts in the location of your account and your store);
(4) We may temporarily or permanently refuse to provide services to you;
(5) If you are liable to Shipbob or Shipbob users or third parties, or if we believe you may be engaging in potentially fraudulent or suspicious activities and/or transactions, we may freeze your account and funds for a reasonable period of time.
20.2 For the purposes of this Section (i.e., Section 20 above):
(1) "Refund" means a request made by a buyer directly to their debit or credit card company or the bank that issued the debit or credit card to cancel a payment.
(2) "Claim" means a dispute regarding a payment submitted directly to Shipbob by a buyer or seller.
(3) "Reversal" means a payment request from Shipbob is withdrawn because (a) the sender's bank is invalid; (b) the payment was sent to you in error; (c) the sender of the payment was not authorized to send the payment request (for example, a sender using a stolen credit card); (d) you received the payment due to an activity that violated Shipbob's Terms of Service or any other Shipbob policy, or (e) Shipbob decides to file a claim against you.
21 Damages
You agree to indemnify and hold harmless shipbob, its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners and employees (collectively, the “Indemnified Parties”) from and against any and all claims, charges, proceedings and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, but not limited to, any other dispute resolution costs) arising out of or in connection with: (1) any transaction between you and a buyer involving any content on the Site, or any dispute relating to such transaction (unless shipbob or an affiliate of shipbob is the seller in the transaction to which the dispute relates), (2) the shipbob Performance Guarantee, (3) the hosting, operation, management and/or administration of the Services performed by or on behalf of shipbob, (4) your breach or violation of any term of these Terms of Service or any policies or guidelines referenced herein, (5) your use or misuse of the Services, (6) your violation of any law or the rights of a third party, or (7) any content uploaded by you.
22 Severability
If any provision of these Terms of Service is deemed illegal, invalid, or unenforceable for any reason under the laws of any jurisdiction, then such provision shall be deemed severable from the other terms and conditions and shall not affect the validity and enforceability of any remaining provision in any jurisdiction.
23 General Provisions
23.1 Shipbob reserves all rights not expressly granted in this Agreement.
23.2 Shipbob reserves the right to change, modify, interrupt, or discontinue the Platform or Services, in whole or in part, at any time, as required by law or regulation or in good faith. Shipbob may release certain services or features on a trial basis, which may not function properly or as effectively as the final version. Shipbob may also impose restrictions on certain features or limit your access to part or all of the Platform or Services due to regulatory requirements or in good faith.
23.3 Shipbob may amend these Terms of Service (including the additional terms and policies referenced in these Terms of Service and/or provided through links to these Terms of Service) at any time by posting the revised Terms of Service on this platform. We will notify you 7 days prior to the effective date of the revised Terms of Service by means of an announcement, email, SMS, or app push notification. If you have any comments on the revised Terms of Service, you should write to: service@shipbob.shop. If you do not provide Shipbob with written comments within 7 days of receiving the aforementioned notice and continue to use the Service, you will be deemed to have agreed to and accepted the revised Terms of Service (including the additional terms and policies referenced in these Terms of Service and/or provided through links to these Terms of Service).
24.4 You may not assign, sublicense, or transfer any rights granted to you under the Service, or subcontract any of your obligations, without Shipbob's written consent.
24.5 Nothing in these Terms of Service shall be construed as constituting a partnership, joint venture, or agency relationship between you and Shipbob, nor shall it authorize you to incur any expenses or liabilities on Shipbob's behalf.
24.6 If shipbob fails to enforce any agreement under these Terms at any time, this will not affect its right to enforce any agreement at a later time, unless such right is waived in writing.
24.7 Except for shipbob's affiliates (including the successors and assigns of shipbob and its affiliates and subsidiaries), these Terms of Service are solely for the benefit of you and us, and not for the benefit of any other person or legal entity.
24.8 The terms contained in these Terms of Service, together with any agreements and policies incorporated or referenced herein, constitute the entire agreement and understanding between the parties with respect to the Service and the Platform. Unless otherwise expressly agreed in writing by the parties, this Agreement supersedes any prior agreements and understandings between the parties regarding the same subject matter. The parties enter into the terms set forth in these Terms of Service without any representation, warranty, guarantee, understanding, promise, or confirmation from any person other than as expressly provided in these Terms of Service. The parties hereby exclude all implied terms.
24.9 You agree to comply with all laws, rules, regulations, and guidelines related to anti-corruption, including but not limited to the German Unfair Competition Act, the UK Bribery Act, the United States Foreign Corrupt Practices Act (FCPA), and the Singapore Prevention of Corruption Act (POCA), and confirm that you have adopted and will adopt all necessary policies and procedures to ensure compliance with the foregoing.
24.10 You shall strictly abide by laws and regulations prohibiting commercial bribery and resolutely reject commercial bribery, bribery, and other unfair business practices.
24.11 For the purposes of this Agreement, commercial bribery means any direct or indirect gift, whether spiritual or material, such as cash, kickbacks, entertainment, travel, etc.
24.12 No employee or department of Shipbob may solicit or accept any form of money, goods, or gifts from you. If you discover any of Shipbob's employees engaging in the above-mentioned conduct, you must report it to Shipbob promptly.
24.13 You may not, on behalf of a seller or any individual, directly or indirectly offer gifts, items, securities, stocks, or any other disguised form of improper benefits to Shipbob employees, their relatives, or related parties. Failure to do so will be considered an infringement of Shipbob's interests. Improper benefits include, but are not limited to, cash, checks, credit gift cards, samples or other merchandise, entertainment coupons, membership cards, rebates in the form of currency or merchandise, kickbacks, employment or real estate purchases, seller-paid travel, meals, personal services, etc.
24.14 If a Shipbob employee asks you to provide any form of improper benefit, you must promptly file a complaint with Shipbob and provide relevant evidence. Upon verification by Shipbob personnel, we will handle the matter confidentially. Shipbob accepts your complaints via email: service@shipbob.shop. 24.15 If you bribe any Shipbob employee to obtain improper commercial benefits or special treatment, or fail to cooperate with Shipbob in investigating and punishing its employees for bribery, Shipbob will permanently terminate all cooperation with you and take the following measures against you: Suspend payment of all accounts payable and pay Shipbob a penalty of US$50,000. If the offense is serious and causes significant economic losses, Shipbob will refer the case to local judicial authorities in accordance with the law.
24.16 Shipbob and users may use electronic documents as a means of communication. Electronic documents exchanged pursuant to these Terms of Service shall have the same effect as paper documents if the content is fully presented and can be retrieved and reviewed later, except as required by law or administrative announcements. Unless otherwise expressly provided, the term "written form" in these Terms of Service includes both written and electronic forms.
24.17 To protect user data security and provide a secure trading platform, Shipbob partners with financial institutions certified by the international PCI DSS information security system to process payment operations and independently manages its internal information security efforts. If there is a dispute alleging that a third party has breached Shipbob's information system protections or exploited system vulnerabilities, Shipbob bears the burden of proof that such facts did not exist.
24.18 Users must immediately notify Shipbob upon learning that their account and password have been misused. Upon learning that a user's account and password have been misused, Shipbob will immediately notify the user, suspend payment transactions initiated by that account, and suspend acceptance of subsequent payment instructions from that account. Shipbob is responsible for any losses incurred by users after they have completed the reporting procedures for misuse of their account and password. Users are solely responsible for any losses incurred due to misuse of their account and password prior to completing the reporting procedures, with the following exceptions:
(1) The user fails to properly keep the username and/or password;
(2) The user provides the username and/or password to others on his/her own;
(3) The user fails to use the account security mechanism provided by Shipbob; or
(4) Other reasons caused by the user's intentional or gross negligence.
Shipbob shall bear the cost of investigating the theft of the user's account password.
24.19 If you and the buyer have any consumer dispute other than return and refund on the Shipbob platform, you can seek help from Shipbob through the customer service email, phone or online platform, and provide the order and logistics services, transportation, product delivery or chat records between the buyer and the seller within the specified time limit as required by Shipbob. Shipbob will complete the investigation in accordance with the principle of good faith and decide to suspend the transaction or take other necessary measures to help the user resolve the dispute.
24.20 The trade secrets referred to in this clause include but are not limited to this Agreement, the Supplementary Agreement and other confidential information involved in the cooperation process. Without the consent of the trade secret provider, neither party shall disclose, disseminate, edit or display such information to any third party. The disclosing party shall not be liable if the trade secrets are disclosed due to the other party's written consent or national administrative or judicial enforcement; the disclosing party shall not be liable if the trade secrets are already known to the public.