Terms Of Service

I. Parties [#] Dropshipping Terms and Conditions Agreement is made and will be binding by November [#], 2017. Between Fresh Pod [will be referred as Company], an organization existing under the laws of Delaware, United States of America. And, [BUYER’S NAME] (will be referred as “Customer”) is a real person resident of [COUNTRY]

II. Acknowledgment and Acceptance Please note that by accessing, using, or purchasing any products from this website, you (Customer) agree to be bound by its term, conditions, disclaimers and limitations of liability. Company reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time with noticing by updating this page. By using website, you acknowledge you have read and understood these terms and conditions.

III. Your Account In order for you to create an account, we require that you provide a valid email address and set up a password. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted answer may be rejected and your account may be disabled. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Website at any time.

IV. Nature of the Relationship Nothing in this agreement is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power). Parties will be considered as independent contractor.

V. Limitation of Liability Nothing in this agreement limits or excludes Company’s liability for death or personal injury caused by its negligence or fraud or fraudulent misrepresentation. Company shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for: loss of profits, loss of reputation, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information, any indirect or consequential loss, and fault of carriers.

VI. Purchase Conditions When you’re buying goods, you are responsible for reading every detail before commitment to buy. Price will be shown at the same page of each product.

VII. Shipping Shipping will be arranged by Company’s supplier. Unless it is stated directly, packages will be sent through regular shipping. For international shipments, Customer will be responsible for all duties and broker fees. These charges may be billed after the order has shipped. Customer must specify the custom declare value otherwise it will be at our own discretion.

VIII. Responsibilities of Company Company shall execute Transactions in concordance with the terms of the Agreement. Company undertakes not to store or otherwise retain sensitive Card data. Company may not demand the Cardholder to confirm the Transaction before the entire sum of the Transaction is known and made available to the Cardholder. Company is responsible to the Cardholder for the order of the goods and/or service and the fulfilment of warranty obligations. Company shall not be responsible for actions of its supplier. Company’s role will only be acting as broker agent.

IX. Returns If the Company permits the return of goods after the execution of a Transaction, Company may not make refund payments to the Cardholder in any other way than through annulment of the Transaction Record. If the Company permits corrections of prices and/or the modification of an already made order, Company may not make refund payments to the Cardholder in any way other than by performing a partial correction of the earlier Transaction.

X. Intellectual Property Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and other written materials that are part of the Site are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by https://freshpod.us/. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by https://freshpod.us/. All other trademarks, service marks, product names and company names or logos appearing on the Site are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited. The materials on the Site, and the Site as a whole, are intended solely for personal, noncommercial use. You may download or copy the downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the Site, the Site as a whole, or any related software without the prior written permission of https://freshpod.us/. Further, you may not frame any of the content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written permission of https://freshpod.us/.

XI. Force Majeure Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstances or causes beyond its reasonable control.

XII. Changes in Contract No change in this agreement shall be valid unless it is in writing, signed and ratified by each of the parties.

XIII. Third-Party Discovery You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from Website. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Delaware subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Delaware at Fresh Pod LLC, 10685-B Hazelhurst Dr. #20826 Houston, TX 77043 / USA.

XIV. Entire Agreement This agreement and any documents referred to in it constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them.

XV. Governing Law and Jurisdiction This agreement and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with, the law of United States of America, Delaware.

XVI. Others Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of Website and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms.