ForwardToFBA | FBA Forwarding Australia

Terms of Service

 

Website Terms of Use

These terms of service (“Terms of Service” or “TOS”) form a contract between (referred to herein as “Customer”, “Client”, “you”, “your” or “Merchant”) and ForwardToFBA that governs your access and use of the ForwardToFBA Services (as defined below in Section 1B). By using any of the ForwardToFBA Services, you agree to be bound by these Terms of Service. If you are using the ForwardToFBA Services on behalf of an organization, you are agreeing to these Terms of Service for that organization and representing to ForwardToFBA that you have the authority to bind that organization to these Terms of Service (in which event, “you” or “Merchant” will refer to the organization). You may use the ForwardToFBA Services only in compliance with these Terms of Service and only if you have the power and right to form a contract with ForwardToFBA.


  1. Account & Policies
  2. Electronic Communications
  3. Intellectual Property
  4. Developers and API License
  5. Payments and Fees
  6. Freight & Customs Clearance Services
  7. Promotional Coupon Code
  8. Links to third party websites / services
  9. Third party accounts
  10. International Users
  11. Indemnity
  12. Liability Disclaimers
  13. Termination
  14. Changes to terms

1. Account & Policies


A.Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ForwardToFBA is not responsible for third party access to your account that results from theft or misappropriation of your account. ForwardToFBA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ForwardToFBA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use forwardtofba.com only with permission of a parent or guardian.

B. Services

Subject to your compliance with these Terms and the Policies (as defined below in Section 1(c)), ForwardToFBA shall perform the ForwardToFBA Services as selected and authorized by you in your Account. For purposes of these Terms, “ForwardToFBA Services” means the ForwardToFBA products and services and any other features, software, technologies and/or functionalities offered by ForwardToFBA and ordered by you through ForwardToFBA. “Services” shall mean the carriage, transport, movement, packing, handling, storage/warehousing, order fulfillment, customs clearance and/or any other service performed or arranged by the ForwardToFBA pursuant to, or ancillary to, this contract with the Customer.

C. Customer Policies and Use of ForwardToFBA Services.

ForwardToFBA has defined policies that govern your use of the ForwardToFBA Services (“Policies”). The Policies are linked below and are hereby incorporated by reference. In the event of any conflict or inconsistency between these Terms and any of the Policies, these Terms shall control. Your breach of any of these Terms or the Policies shall excuse ForwardToFBA’s performance of the applicable ForwardToFBA Service.



You acknowledge that your breach of the Policies or the Terms may result in you incurring additional fees from ForwardToFBA or third parties for the applicable ForwardToFBA Services.


2. Electronic Communications

Visiting forwardtofba.com or sending emails to ForwardToFBA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


3. No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use forwardtofba.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ForwardToFBA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ForwardToFBA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ForwardToFBA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ForwardToFBA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ForwardToFBA or our licensors except as expressly authorized by these Terms.


4. DEVELOPERS AND API LICENSE.

A. License Grant.

If you are using ForwardToFBA software such as an application programing interface (API), developer’s toolkit or other software application (such as, but not limited to, an e-commerce module developed by ForwardToFBA) (“Developer Tools”), then ForwardToFBA grants you a revocable, non-exclusive, non-transferable license to use Developer Tools in accordance with the documentation for your internal business purposes only. You may not rent, lease or otherwise transfer your rights in the Developer Tools to any third party. ForwardToFBA provides the Developer Tools solely on an “AS IS” basis and disclaims all warranties and liability for your use of the Developer Tools. ForwardToFBA may change or discontinue any Developer Tools in its reasonable discretion.

B. Third Party Software.

Any third party software application you use on the ForwardToFBA website, to connect to ForwardToFBA Services, or related to the ForwardToFBA Services (“Third Party Software”) is solely subject to any third party software provider software licenses. ForwardToFBA does not own, control or have any responsibility or liability for any Third Party Software.


5. Payments and Fees


A. Payment Policy

Invoices will be rendered by ForwardToFBA to the Client according to payment schedule as per services selected by the the customer. All invoices are due in full 3 days after the invoice is rendered. Any invoice or scheduled payment over 3 days past due will be subject to a late fee of $50.00 or 10% of the invoice balance, whichever is greater, and then 1.5% per month thereafter.

All payments, including but not limited to: Support, services, shipping, and customs, must be received within 30 days of the original invoice date through PayPal to billing@forwardtofba.com, or one of our other approved payment methods. If all or any portion of your payment is not received within 30 days of the original invoice date, ForwardToFBA reserves the right to assume ownership of your goods and/or take legal action in order to reconcile your remaining payment balance.

B. Advanced Shipping Notice Policy

Advanced Shipping Notice: ForwardToFBA requires an order placed through our website prior to receiving any shipment or shipments to any ForwardToFBA location.

Sending products to any ForwardToFBA location without Advanced Shipping Notice is prohibited. Any products arriving at any ForwardToFBA location without a previously place order are subject to $100 fee.

C. Abandoned Account and Liquidation.

If your Usage Fees remain unpaid for a period greater than 30 days, then ForwardToFBA reserves the right, at its sole discretion to reclassify your Account as an “Abandoned Account.” Additionally, any Account that remains unpaid for greater than 60 days will automatically be deemed an Abandoned Account. Upon an Account becoming an Abandoned Account, all rights to ownership of the Account Balance and Inventory would then immediately be forfeited by you. Inventory will become immediately and irrevocably unavailable to you, and liquidation proceedings would begin. You agree the Inventory would be free and clear of liability, and that you would assume any liability therefore. You would have no rights to the liquidation proceeds. You would also remain liable for any pending Usage Fees above and beyond the liquidation proceeds.

D. Estimates and/or Quotes Policy

Estimates and/or quotes are provided for the benefit of you and your business and do not necessarily represent the actual final cost of support and service rendered, nor do they represent a contractual obligation for payment until the shipping invoice is rendered. Due to the variable nature of the shipping, customs, inspection, and preparation process, ForwardToFBA makes no express or implied assertion that an estimate and/or quote will be accurately represented in your final invoice.

E. Deposit Policy

Certain services including but not limiting to, customs and freight handling order completion requires a paid deposit through the online order form. Full payment for all support and warehouse services to be completed by ForwardToFBA will be rendered at the time the order form is submitted. The deposit is a payment made in order to show good faith that the Client intends to complete his end of the transaction, with the balance being paid on a later date as outlined in the Payment Policy.

F. Taxes.

You acknowledge and agree that all fees, charges and any other rates or amounts charged by ForwardToFBA to you hereunder are exclusive of applicable value added, sales/use or Inventory and service taxes (“Transaction Taxes”) which may be levied in connection with the supply by ForwardToFBA of the ForwardToFBA Services to you. Where applicable, you shall pay all Transaction Taxes arising in respect of the Usage Fees or other amounts charged by ForwardToFBA to you.

G. Cancellation/Refund Policy

You may cancel your order at any time. Any cancellations made after completion of any support or service will not qualify for a full refund. Refunds are given up to the amount deposited and/or redemption value of your products based on the remaining invoiced balance for support and/or service. Please contact us at info@forwardtofba.com with any questions.

If you believe that your work orders have not been processed in line with our service agreement or have not otherwise met your requirements please contact our Customer Service Department IN WRITING, within seven (7) business days and a representative will be happy to help address any general issues you may have with dispatching your orders.

If you do not contact us within this time frame we will assume that your orders were dispatched in a satisfactory manner and will be under no obligation to provide a refund or rework. Once you have contacted us, we will then require five (5) business days to determine if a rework or refund is appropriate, or to advise you if additional information is needed to process your inquiry. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a refund or rework. If we determined that our service is in fact un-satisfactory or has not otherwise met our obligations, one of the following two resolutions will be offered:

– We will re-work and re-ship your fulfillment orders at no additional cost to you.

– We will refund you for the value of the products (at cost) including shipping fees for your fulfillment order.

Refund or Re-work does not constitute an admission of liability. The Client indemnifies ForwardToFBA and its directors, officers, employees and agents from and against any and all losses, claims, actions, proceedings, liabilities, costs or expenses of any nature arising out of or in connection with a breach of the terms of this Agreement or any act or omission by the Client or its servants, agents or contractors..



6. Freight & Customs Clearance Services

A. Customs Policy

ForwardToFBA is not responsible for any shipping, customs, duties, taxes, tariffs, port, storage, general order, or freight forwarding fees made on behalf of your order. All fees including but not limited to those just listed, made on behalf of your account will be added to your original invoice and must be reconciled according to the deposit policy, cancellation/refund policy, and payment policy. Custom clearance services will also incur the processing fees of $25 or 10% of custom duty, whichever is higher. The processing fee shall be cleared along with invoice sent to the customer.


B. Subcontracting/Subbailment

Subject to and in accordance with the terms and conditions and instructions contained in this contract, the Company and Customer agree and the Customer hereby employs and authorises the Company, as agent of the Customer to contract either in its own name or in the Customer’s name with any Subcontractor, and employs and authorizes any Subcontractor to subcontract with any other Subcontractor, for the performance of any Service to be performed or arranged by the Company pursuant to, or ancillary to, this contract.  Any such contract may be made on any terms of contract whatsoever used by the Subcontractor with whom the Company or Subcontractor may contract for such Service(s) including in every case terms which may limit or exclude liability in respect of the Service. In any event, the Company shall be entitled to the full benefits of all privileges, right and immunities available to any Subcontractor under such contract or compulsorily applicable law in respect of the Services provided.  Any Subcontractor’s terms are available from the Company on request.


7. Promotional Coupon Code Policy

All promotional coupon codes ( on the order form) are valid only with orders consisting of at least $150 dollars of ForwardToFBA services. ForwardToFBA services do not include costs associated with any shipping, customs, duties, taxes, tariffs, port, storage, general order, or freight forwarding fees. Promotional coupon codes cannot be used for any shipping, customs, duties, taxes, tariffs, port, storage, general order, or freight forwarding fees.

Use of any promotional coupon codes to your order is done at the discretion of ForwardToFBA. The use of a promotional coupon code does not provide an express or implied guarantee for a discount on any order. The use of a promotional coupon code provided by ForwardToFBA, a third party, or affiliate can be revoked at any time with or without notice.

forwardtofba.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ForwardToFBA and ForwardToFBA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ForwardToFBA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ForwardToFBA of the site or any association with its operators.

Certain services made available via forwardtofba.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the forwardtofba.com domain, you hereby acknowledge and consent that ForwardToFBA may share such information and data with any third party with whom ForwardToFBA has a contractual relationship to provide the requested product, service or functionality on behalf of forwardtofba.com users and customers.

9. Third Party Accounts

You will be able to connect your ForwardToFBA account to third party accounts. By connecting your ForwardToFBA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

10. International Users

The Service is controlled, operated and administered by ForwardToFBA from our offices within the Australia. If you access the Service from a location outside the Australia, you are responsible for compliance with all local laws. You agree that you will not use the ForwardToFBA Content accessed through forwardtofba.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

11. Indemnification

You agree to indemnify, defend and hold harmless ForwardToFBA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ForwardToFBA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ForwardToFBA in asserting any available defenses.

12. Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FORWARDTOFBA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FORWARDTOFBA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FORWARDTOFBA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORWARDTOFBA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORWARDTOFBA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

FORWARDTOFBA SHALL NOT BE LIABLE TO CUSTOMER, SHIPPER, OR ANY OTHER PARTY FOR PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR FOR LOST PROFITS ARISING FROM OR IN RELATION TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE.  THIS LIMITATION SHALL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.  THE AGGREGATE LIABILITY OF FORWARDTOFBA TO SHIPPER OR ANY OTHER PARTY ON ANY BASIS WHATSOEVER SHALL NOT EXCEED THE COMMERCIAL INVOICE VALUE OF ANY GOODS LOST OR DAMAGED WHILE STORED IN FORWARDTOFBA’S WAREHOUSE, PLUS A PRO-RATED AMOUNT OF SHIPPING AND CUSTOMS CHARGES ALLOCABLE TO SUCH GOODS.

13. Termination/access restriction

ForwardToFBA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ForwardToFBA as a result of this agreement or use of the Site. ForwardToFBA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ForwardToFBA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ForwardToFBA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ForwardToFBA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ForwardToFBA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

14. Changes to Terms

ForwardToFBA reserves the right, in its sole discretion, to change the Terms under which ForwardToFBA is offered. The most current version of the Terms will supersede all previous versions. ForwardToFBA encourages you to periodically review the Terms to stay informed of our updates.



ForwardToFBA

55 William Street, St. Albans
Melbourne, Victoria, 3021
Australia

Email Address:
support@forwardtofba.com

Telephone number: (390) 056 309


Updated January 29, 2018