Last updated: June 17, 2024
Welcome to Peregrine Ship
Welcome and thank you for your interest in Peregrine Ship, operated by Peregrine Group Limited and its affiliates (collectively referred to as "the Company," "Peregrine," "We," "Us," or "Our"). The Company is the operator of websites located at www.peregrineship.com, www.platform.peregrineship.com (the "Website") and Peregrine Ship, a Software-as-a-Service (SaaS) platform that offers various services (the "Platform"). By registering an account on the Website and/or the Platform, purchasing from us, or by otherwise using any other services provided by the Company, you agree to be bound by the following Terms of Use. These Terms of Use apply to all users of the site, including but not limited to visitors, suppliers, users, merchants, or content providers.
These Terms of Use along with our Privacy Policy (https://peregrineship.com/privacy-policy) and other relevant policies which are incorporated herein by reference are collectively referred to as the "Agreement" or the "Terms".
This Agreement is a legally binding contract between you ("You", "Your" or "User") and the Company regarding your use of the Website, Platform and Services offered by the Company. PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE PLATFORM AND SERVICES OFFERED BY THE COMPANY, ESPECIALLY THOSE DISCLAIMERS OR LIMITATION OF LIABILITY CLAUSES IN UPPER CASE OR IN BOLD. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE, PLATFORM AND SERVICES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU CAN CONSULT US.
Some services provided by the Company may require you to agree to additional terms and conditions than those stated hereunder, including but not limited to a separate Service Agreement governing sourcing, procurement, warehousing, fulfillment, and related services. By proceeding to use such Services, you expressly agree to abide by any such additional terms. In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail.
Definitions
Unless expressly stated otherwise, any reference to the following words in this Agreement will hold the meaning as defined hereunder:
"User": refers to all unregistered as well as registered Website/Platform users, including but not limited to Vendors, Resellers and their respective agents.
"Services": refer to the various services provided by the Company to you through the Website, Platform and other means (including new forms of service emerging based on technological development in the future), including but not limited to, product display, sourcing, supply chain management, warehousing, order fulfillment, etc.
"Vendor": refers to vendors, suppliers or service providers which supply various products/goods and/or services to the Company, the Resellers and/or the Customers (as the case may be), including but not limited to OEM/ODM manufacturer, private label dropshipping supplier, third party logistics service provider, etc.
"Reseller": refers to dropshippers and resellers, whether individuals or organisations and their agents who make use of the Platform services offered by the Company.
"Customer": refers to Reseller's end customers/consumers who place orders for products from the Resellers.
"Top-Up Balance": refers to the prepaid balance maintained in the User's account on the Platform, used to cover the costs of Services provided by the Company, as further described in the Prepayment and Payment Terms section below.
"Payment Method": refers to a valid credit card, debit card, or other payment method provided by the User and maintained on file with the Company, as required under the Prepayment and Payment Terms section below.
"Negative Balance": refers to any situation where the User's Top-Up Balance falls below zero.
Eligibility
You must be at least eighteen (18) years of age to register an account on the Website/Platform and use the Services offered by the Company. Please do not access our Website/Platform if you do not meet the age eligibility criteria as we cannot enter into legally binding agreements with persons under the age of eighteen years.
Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or entity and to bind the former to this Agreement.
The Platform is only available to Users who are currently residing in the geographical locations specified on our Website/Platform. The Company reserves the right to adjust the availability of the Website/Platform in any geographical location at any time.
IN THE INTEREST OF PROTECTING CHILDREN'S PRIVACY, WE DO NOT TARGET OUR WEBSITE/PLATFORM TO USERS UNDER THE AGE OF EIGHTEEN YEARS. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF EIGHTEEN. IF YOU ARE UNDER THE AGE OF EIGHTEEN YEARS, PLEASE IMMEDIATELY CEASE USING OUR PLATFORM.
Amendments
From time to time, the Company may update this Agreement to reflect our new business practices or new features or tools added to the Website and/or Platform, or to comply with changes in applicable laws. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. The most current version of the Terms will supersede all previous versions. Please take the time to review these terms regularly to familiarize yourself of any material changes. You hereby release the Company from any liability arising from your failure to review such modified Terms. You accept any changes when you continue to use the Platform and/or Services or visit our Website after any changes have been published.
Maintenance
From time to time we may be required to carry out scheduled or unscheduled Website/Platform maintenance including but not limited to testing, repairs, upgrades and other similar tasks. Under such circumstances, we may have to deactivate or suspend your access to the Website/Platform temporarily. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
We may also invite Resellers to participate in Platform testing that we believe will assist us in developing features or functionality that Resellers will find useful. As a registered account holder, you consent to us contacting you via email or through an in-account message regarding such user testing opportunities.
Account Registration, Access and Security
Website visitors do not need to create an account to browse through the public areas of the Website/Platform. However, Users do need to create an account to make use of the unique features and functionality offered by the Company.
Users can register for a Peregrine Ship account on https://platform.peregrineship.com based on their unique needs and use the same user login credentials when accessing other Services offered by the Company. The ownership of the account belongs to us, and you only have the right to use the account during the valid period of the agreement. Without our consent, your account is for your own use only, while information or control of your account shall not be transferred, donated, lent, sold, authorized or leased to a third party or jointly controlled and used by a third party.
The Company currently offers multiple subscription plans. You can easily select your preferred plan and apply to create an account by providing all the requested information. Where you create an account on behalf of your organisation, we will require specific information about you and/or your organisation. You agree that you will only provide accurate, current and complete information when requested. It is solely your responsibility to keep this information up to date in the event of any change in such information. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, suspend or terminate your registration and refuse or restrict current or future access to the Services. All personal information is collected and processed by the Company in accordance with our Privacy Policy. Please carefully review our Privacy Policy before creating a Peregrine Ship account.
You are solely responsible for protecting your Peregrine Ship account login credentials to prevent any unauthorised access to your account. You may not share your account password with others. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorised access to your account. You assume full responsibility for all activity on your account.
Please immediately report any unauthorised access to your account or other similar suspicious activity to us through the contact form available on the Website, but you fully understand that we need reasonable time to take actions against any of your requests and any actions taken by us at your requests may not avoid or prevent the formation or expansion of the consequences. The Company reserves the right to restrict access to any account without giving any prior notice to a User if we suspect any fraudulent activity on a User Account without any obligation to credit or discount any subscription fees for such account restrictions.
You shall admit that the use of your account by multiple users other than your business entity ("Multiple Uses") may cause irreparable harm to the Company or other users. The Company shall not make any compensation for your loss or damage (including but not limited to loss of profits) due to your Multiple Uses; the Company shall have the right to claim compensation from you, and unilaterally suspend or terminate your account without any liability if your Multiple Uses cause losses to the Company or other users.
User Registration
Should our site require registration, you agree to provide accurate, complete information. Registration is for individual use only.
Site Modifications and Corrections
We aim for accuracy and reliability but cannot guarantee error-free content or operation. We reserve the right to modify our site and its content at any time.
Free Trial
The Company may in its sole discretion choose to offer any paid subscription plans to you on an initial free trial basis. Free trials are for a fixed period and will expire on the specified date regardless of whether you used the service during the trial period or not. You will be requested to provide a valid credit card or other payment information at the time you sign up for the free trial. Please note that your chosen payment method will be authorised for the full-service fee, according to your selected subscription plan, at the time you sign up but your account will not be charged. To continue using the service at the end of your free trial, you will be required to pay full subscription fee according to your chosen plan. Your paid subscription will be governed by Subscription Payments and Cancellation Terms as outlined in this Agreement.
You understand and accept that Company uses free trials to increase its marketing reach and therefore free trials can only be used once per Reseller. Please note that we sometimes offer special promotions with a different subscription fee and subscription term than our standard offer. If you accept a promotional upgrade during the term of your free trial period, your free trial will immediately terminate upon your acceptance of the promotional offer.
You understand and accept that the free trial period is offered to you by the Company under this Agreement and by joining the free trial period you agree to abide by all applicable terms of this Agreement.
Subscription Payments and Cancellations Policy
The Company currently offers different subscription plans for its Users. All subscription plans and accompanying subscription fees are available on our Website and quoted in USD. Please note that our subscription fees as listed on the Website do not include any applicable taxes and charges that you may incur during your use of the Platform. You can access your billing information at any time by logging into your account and selecting the "Billing Details" option and cancel your subscription or change any payment information. All subscription payments are deemed to be fully earned on the day your account is charged. We do not offer any partial refunds should you decide to cancel your subscription before the end of your current billing cycle.
We currently process subscription payments using the following payment processors:
Stripe
We do not collect, store or process any credit card details from our Users and all payment information is collected and managed by our payment processor.
The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to either downgrade your plan or cease using the Platform. Unless otherwise notified by the Company, any plan upgrades and downgrades will become effective immediately.
In the event we do not receive your subscription fee when it was due and payable, we will attempt to contact you at the contact information provided by you during your account registration. We reserve the right to downgrade or terminate your subscription plan in the event of non-payment. Please note that we will not be held responsible for any claims relating to loss of data, loss of revenue or lost opportunity as a result of downgrading or termination of your account arising from non-payment of your subscription fee.
Prepayment and Payment Terms
Top-Up Balance: Where the User engages the Company for services beyond the SaaS subscription (including but not limited to product procurement, sourcing, warehousing, shipping, order fulfillment, and any ancillary services), the User shall maintain a positive Top-Up Balance in the User's account on the Platform sufficient to cover the anticipated costs of such Services. The Company shall have no obligation to commence or continue any such Services if the User's Top-Up Balance is insufficient. The Company reserves the right to set and modify minimum Top-Up Balance thresholds at its sole discretion, with reasonable prior notice to the User.
Negative Balance: In the event that the User's Top-Up Balance becomes negative for any reason (including but not limited to actual shipping costs exceeding estimates, remote area surcharges, reshipment costs, currency fluctuations, or any other charges), the User shall replenish the Top-Up Balance to a positive amount within three (3) business days of notification by the Company. During any period in which a Negative Balance exists, the Company may, at its sole discretion, suspend all Services without liability.
Payment Method on File: As a condition of using Services beyond the SaaS subscription, the User shall provide and maintain on file with the Company a valid Payment Method. The User hereby irrevocably authorizes the Company to charge the Payment Method on file for: (a) any Negative Balance not replenished within the three (3) business day cure period; (b) any outstanding fees, charges, penalties, or amounts due under this Agreement or any Service Agreement; (c) any costs incurred by the Company on the User's behalf exceeding the available Top-Up Balance; and (d) interest accrued on past-due amounts.
Payment Method Maintenance: The User shall ensure that the Payment Method on file remains valid and has sufficient available credit or funds at all times. If a Payment Method expires, is cancelled, or is otherwise rendered invalid, the User shall provide a replacement within five (5) business days of notification. Failure to maintain a valid Payment Method constitutes a material breach of this Agreement.
Failed Charges and Legal Recourse: If the Company is unable to collect amounts owed through the Payment Method on file, the Company shall: (a) notify the User in writing; (b) allow five (5) business days to cure; and (c) if payment is not received, the Company may immediately suspend all Services and pursue legal action to recover the full amount owed, including the principal balance, interest at 18% per annum (calculated daily and compounding monthly) or the maximum rate permitted by law (whichever is lower), all reasonable costs of collection including attorney's fees on a full indemnity basis, court costs, international enforcement costs, and collection agency fees.
Right of Set-Off: The Company reserves the right to set off any amounts owed by the User against any amounts held in the User's Top-Up Balance, any refunds or credits due, or any products or inventory held by the Company on the User's behalf.
Lien on Inventory: The Company shall have a general lien on all products, inventory, and goods held on behalf of the User for any sums due under this Agreement or any Service Agreement. If amounts remain unpaid for more than thirty (30) days, the Company may, upon fourteen (14) days' written notice, sell or dispose of such products and apply the proceeds toward outstanding amounts, remitting any surplus to the User.
Interest on Late Payments: All sums past due bear interest at the rate of the lower of 18% per annum or the maximum rate permitted by law, calculated daily and compounding monthly.
Account Termination
Once your account is terminated, you will not be able to login to your account using your username and password. Please note that account cancellation will not release you of your obligation to pay any outstanding fees payable by you to the Company.
Please take note that we may purge all data for suspended, expired and cancelled accounts in our sole discretion. It is solely your responsibility to maintain backups of all your data that you wish to access at all times especially before cancelling your account.
The Company reserves the right to terminate any User account or suspend a User's access to the Website/Platform under the following circumstances:
A User has violated any provisions of this Agreement;
A User's conduct is harmful to the Company or any other Users;
The Company discontinues the Service for any reason;
The User fails to maintain a valid Payment Method on file as required;
The User maintains a Negative Balance for more than ten (10) business days; or
The User is declared insolvent or enters any form of insolvency proceeding.
Upon termination for any reason: (a) all outstanding amounts owed by the User shall become immediately due and payable; (b) the Company may charge the User's Payment Method on file for all outstanding amounts; (c) the Company's lien over the User's inventory and products shall continue until all outstanding amounts are paid in full; and (d) the User shall collect any remaining inventory from the Company's warehouse within thirty (30) days of termination, after which the Company may dispose of such inventory and apply the proceeds against any outstanding amounts.
Email and Push Notifications
he Company will provide you with push notifications and emails after obtaining your authorization. You have the right to unsubscribe through the corresponding unsubscribe function provided by the Company if you are unwilling to receive such information.
The emails and push and notifications include marketing, shipping fee changes, product recommendations, account changes, and other information. The Company shall not be liable for any loss caused by your failure to read the email or push notifications.
User Obligations
You shall warrant that you will use the Services in a reasonable manner and accept this Agreement and other policies, rules, and announcements made and issued by the Company in due course. Any and all activities which are harmful to, inconsistent with, or disruptive of the Website/Platform and the beneficial use and enjoyment of the Website/Platform are expressly prohibited. Accordingly, you hereby agree not to:
Make use of the Services provided by the Company to store, distribute and publish any information or content that jeopardizes national security, destroys national unity, insults or slanders others, infringes lawful rights, distributes obscenity, pornography, gambling, or other illegal content, or constitutes illegal advertisement or spam;
Perform or facilitate any act which transmits viruses, worms, Trojan horses, or other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Harass, stalk or otherwise disturb any individual participating in the Website/Platform;
Impersonate any person or entity or falsely state or misrepresent your affiliation;
Use any robot, spider, scraper or other automated means to access the Website/Platform without express written permission;
Access the Website/Platform to build a competitive website, product, or service;
Attempt to establish direct contact or business relationships with the Company's Vendors without the Company's prior written consent;
Sell or distribute products that infringe any third party's intellectual property rights, or that are prohibited by applicable law in the User's jurisdiction or the jurisdiction of the User's customers;
File fraudulent chargebacks, payment disputes, or reversals against charges authorized under this Agreement or any Service Agreement;
Provide false, inaccurate, or misleading information to the Company, including but not limited to business registration details, contact information, and payment information.
You are strictly prohibited from using the Services offered by the Company for conducting any illegal activity.
You agree to use the Website/Platform in compliance with your local laws as well as laws of the country where your customers are based.
The Company has the right, but not the obligation, to regulate all conduct on the Website/Platform for any reason, in any manner and by any means the Company, in its sole discretion, deems necessary or appropriate, including, but not limited to: automated and manual screening, blocking, filtering, exclusion from index pages, exclusion from search results, requiring the use of an application programming interface, requiring the use of a bulk posting interface, authorization, verification, and the deletion and/or termination of Content and/or all or any use or access. You hereby represent, warrant, and covenant to the Company your use of the Website/Platform is and will at all times be in accordance with all applicable laws, rules and regulations, and without infringement or misappropriation of any intellectual property or other right of a third party; and you will use the Website/Platform to conduct all business in a professional, businesslike manner and will not engage in deceptive, fraudulent, misleading, illegal or unethical business practices.
You understand and agree the Company may delete or deactivate any listing, block your email or IP address, or otherwise terminate your access to or use of the Website/Platform (or any part thereof), immediately and without notice, if the Company believes you breached any term or condition set forth herein, without liability or penalty to you.
Furthermore, the Company reserves the right at all times to disclose any information posted on any portion of the Website/Platform as necessary to satisfy any law, regulation, governmental request or court order, or to refuse to post, or to remove, any information or materials, in whole or in part, that in the Company's sole and absolute discretion are objectionable or in violation of this Agreement.
Intellectual Property
All content made available by the Company through the Website/Platform including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like ("Company Content") are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property laws and conventions. You understand that the Company, its Vendors and other licensors reserve ownership and copyright in their respective intellectual property published on the Website/Platform. Unless otherwise expressly provided, you shall not reproduce, duplicate, copy, sell, resell, create derivative works or exploit for any commercial purposes, any portion of the Company Content. Any unauthorised use of the Company Content may result in suspension or termination of your User account.
You shall not reverse engineer, decompile, disassemble, modify, adapt, translate, or make any attempt to discover the source code of the Website/Platform or to create derivative works based on the whole or on any part of the Website/Platform without permission. At the same time, you shall not remove any ownership statement or label on the Website/Platform, or merge other software with the Website/Platform.
The Company always respects intellectual property rights and opposes any infringement of intellectual property rights. In case of any infringement of your lawful rights and interests during your use, you have the right to inform us to take the necessary measures. If you find any violation of laws and regulations or relevant rules of the Agreement during the access to the Website/Platform, you have the right to report to us, and we will take necessary measures (such as deleting, blocking, disconnecting or restricting functions) to deal with it in a timely manner.
User Content
The Company does not claim ownership of any User Content including but not limited to any ratings, review, questions and comments posted by Users through the Platform. However, by posting any such User Content on the Platform, you grant us a non-exclusive, royalty-free license to display, use, reproduce, modify, transmit, share or otherwise publish such User Content for any purposes we deem fit without any compensation, acknowledgement to you.
By uploading, posting or transmitting any User Content on the Platform, you represent and warrant to us that you have the intellectual property rights and authority to store or transmit such content and that such submission is not contravening anyone's existing legal rights or your obligations towards any third-party. You further grant the Company and its authorised personnel the right to identify you as the owner of such User Content by your name, username, or email address where appropriate or required by law.
You understand and accept that by sending us your feedback, ideas and suggestions you are granting us full and exclusive rights, to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our Service or by creation of a new product, in whole or part, without any restriction or compensation to you now or ever in future.
Confidentiality
The Company is continuously developing proprietary techniques, trade secrets and other information that is deemed confidential ("Confidential Information"). The User understands that the User may come in contact with such Confidential Information during the course of this Agreement. Confidential Information not only includes information disclosed by the Company to the User but also information learned by the User during the use of Services under this Agreement. The User hereby agrees that it will retain all such Confidential Information in confidence and will not disclose any Confidential Information to any third party without the express written consent of the Company, which may be withheld by the Company for no reason. At all times, the User will make its best effort to limit the access of any third-party, to such Confidential Information on a need to know basis. This provision shall survive the termination of this Agreement.
Data Protection
Each party shall comply with all applicable data protection and privacy laws and regulations, including but not limited to the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong, the General Data Protection Regulation (EU) 2016/679 ("GDPR"), and any other applicable privacy legislation in the jurisdictions in which the Services are provided or in which the User operates.
To the extent the Company processes personal data on behalf of the User in connection with the Services (including Customer shipping information, names, addresses, and phone numbers), the Company shall: (a) process such personal data only in accordance with the User's reasonable instructions and for the purpose of performing the Services; (b) implement appropriate technical and organizational measures to protect such personal data; and (c) promptly notify the User of any data breach affecting such personal data.
The User warrants that it has obtained all necessary consents and authorizations from data subjects for the transfer and processing of their personal data by the Company, including cross-border transfers to and from the People's Republic of China.
Interactions with Other Parties through the Website/Platform
The Website/Platform may contain links to third party websites and services, and/or display advertisements for third parties (collectively, "Third Party Links and Ads"). Such Third Party Links and Ads are not under the Company's control, and the Company is not responsible for any Third Party Links and Ads. The Company provides access to these Third Party Links and Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Ads.
Any business relationship, exchange of data or other interaction between you and a third party, and/or any purchase, download or use by you of any of the Third Party Links and Ads (each, a "Third Party Interaction"), is solely between you and such third party, and you hereby release and hold the Company harmless from, and will look to such third party with regard to, any claims relating to or arising out of a Third Party Interaction. When you click on any of the Third Party Links and Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. The Company is not a party to, has no involvement or interest in, makes no representation, warranty or guaranty with respect to, and has no obligation in connection with, any communication, transaction, interaction, dispute or any relation whatsoever between you and any third party through the Website/Platform; including, but not limited to, interactions related to payment and delivery of items and services, and any other terms, conditions, warranties or representations associated with such Third Party Interactions.
You hereby acknowledge and agree that you are responsible solely for ensuring your Third Party Interactions: (i) comply with all applicable foreign, federal and state laws and regulations; and (ii) do not violate any term, condition, rule, procedure, policy or other guideline published by a third party with which you interact. Also, you agree you will be responsible solely for any fees owed to a third party as a result of a Third Party Interaction. While the Company may recommend such a third party and/or rely on data or information provided or generated by such third party in the course of providing the Services, you hereby acknowledge the Company specifically does not warrant the accuracy, reliability or completeness of any such data and information; and agree the Company will not be liable for any acts or omissions based on your reliance thereon or any loss or liability arising therefrom.
Disclaimer
THE COMPANY MAKES NO REPRESENTATION REGARDING THE AVAILABILITY OF PRODUCTS OR SERVICES IN ANY GEOGRAPHIC LOCATION.
ALTHOUGH THE COMPANY INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE WEBSITE/PLATFORM, THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSORS OR OTHER THIRD PARTY PROVIDERS DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE/PLATFORM OR CONTENT DISPLAYED THEREON (WHETHER DOWNLOADABLE OR NOT) DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. THE COMPANY AND ITS AFFILIATES, AGENTS, LICENSORS OR OTHER THIRD PARTY PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ATTRIBUTABLE TO SUCH DESTRUCTIVE FEATURES. FOR THE AVOIDANCE OF DOUBT, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE/PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK.
ALTHOUGH WE TAKE ALL REASONABLE STEPS TO MINIMISE ANY ERRORS AND INACCURACIES IN INFORMATION AVAILABLE ON OUR WEBSITE, HUMAN ERRORS ARE POSSIBLE WHICH IS WHY WE ARE UNABLE TO OFFER ANY GUARANTEES. THE INFORMATION DISPLAYED ON THIS WEBSITE/PLATFORM IS PROVIDED “AS IS”. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED AS TO THE ACCURACY OF INFORMATION AVAILABLE ON THE WEBSITE/PLATFORM AND THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES INCURRED RELATING DIRECTLY OR INDIRECTLY, INCLUDING SPECIAL AND CONSEQUENTIAL DAMAGES FOR ANY OMISSION/ACTION YOU TAKE BASED ON THE INFORMATION AVAILABLE ON THE WEBSITE/PLATFORM.
ALL PRODUCT IMAGES DISPLAYED ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY, AND THERE MAY BE VARIATIONS IN COLOR BASED ON DIFFERENT DIGITAL SCREENS AND STUDIO LIGHTING DURING PRODUCT SHOOT. ALL PRODUCT INFORMATION AS DISPLAYED ON THE WEBSITE IS PROVIDED BY THE VENDORS, AND THE COMPANY NEITHER REPRESENTS NOR WARRANTS THE ACCURACY OR LEGALITY OF ANY SUCH INFORMATION INCLUDING PRODUCT PRICING, DESCRIPTION AND SPECIFICATION. IF YOU HAVE ANY PRODUCT WEIGHT, DIMENSION, COLOUR, CAPACITY OR OTHER SIMILAR QUERIES, PLEASE CONTACT US THROUGH THE CONTACT FORM AVAILABLE ON OUR WEBSITE/PLATFORM. IT IS SOLELY THE RESELLERS RESPONSIBILITY TO VERIFY ANY PRODUCT INFORMATION PRIOR TO ORDERING OR MARKETING ANY PRODUCT.
Indemnification
You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders, directors and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
1. The violation of these Terms by you;
2. Your gross negligence or wilful misconduct;
3. The infringement by you, or any third party using your username and password, of any third-party's rights;
4. Your sale or distribution of products procured through the Company;
5. Your failure to comply with applicable laws, regulations, or third-party platform requirements; or
6. Any tax liabilities, customs duties, or penalties arising from your business operations.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, COSTS INCURRED IN THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO THE USE OF SERVICES AVAILABLE ON THE WEBSITE/PLATFORM. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY EXCEED THE LOWER OF: (A) THE PRICE PAID BY THE USER FOR THE SPECIFIC SERVICE OR ORDER TO WHICH THE CLAIM RELATES; OR (B) THE TOTAL FEES PAID BY THE USER IN THE SIX (6) MONTHS PRECEDING THE CLAIM. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Parties Relationship
This Agreement shall not create a partnership, joint venture, agency/principal, employer/employee or a similar relationship between you and the Company. Your relationship with the Company under this Agreement is that of an Independent Contractor. Both Parties assume full responsibility for the payment of their respective tax liabilities and compliance with applicable laws. You do not have the authority or capacity to bind the Company in any contract with any third-party.
Any assignment of the Agreement by you without the Company's prior written consent shall be void. The Company may assign or transfer its rights and obligations under this Agreement to any affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, upon written notice to the User.
Dispute Resolution
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall first be referred to mediation administered by the Hong Kong Mediation Centre in accordance with its then-current mediation rules.
If the dispute is not resolved by mediation within sixty (60) days of the commencement of the mediation (or such further period as the parties may agree in writing), the dispute shall be referred to and finally resolved by the courts of Hong Kong SAR in accordance with the Governing Law and Jurisdiction section below.
Nothing in this section shall prevent either party from seeking urgent injunctive or interim relief from any court of competent jurisdiction.
Governing Law and Jurisdiction
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong SAR. Both parties hereby agree to the non-exclusive jurisdiction of the courts of law sitting in Hong Kong SAR.
Force Majeure
The Company will not be held liable for any failure to perform any of its obligations if such failure is as a result of acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout, hacker attacks, cyberattacks, epidemics, pandemics, government-imposed trade restrictions, or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Notwithstanding the foregoing, if a force majeure event continues for more than ninety (90) consecutive days, either party may terminate this Agreement upon thirty (30) days' written notice to the other party.
Anti-Bribery and Compliance
Each party shall comply with all applicable anti-bribery and anti-corruption laws and regulations, including but not limited to the Prevention of Bribery Ordinance (Cap. 201) of Hong Kong and the U.S. Foreign Corrupt Practices Act (to the extent applicable). Neither party shall directly or indirectly offer, promise, give, or authorize the giving of any financial or other advantage to any person for the purpose of influencing any act or decision to obtain or retain business or any other improper advantage in connection with this Agreement.
Survival
The following sections shall survive the expiration or termination of this Agreement for any reason: Prepayment and Payment Terms, Confidentiality, Data Protection, Indemnification, Limitation of Liability, Intellectual Property, Anti-Bribery and Compliance, and this Survival section.
Entire Agreement
This Agreement (together with the Privacy Policy, any Service Agreement, and other policies incorporated by reference) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral. In the event of any conflict between these Terms and a signed Service Agreement between the parties, the Service Agreement shall prevail to the extent of such conflict. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in accordance with the Amendments section above.
Contact Us
If you have any questions regarding these Terms you can contact us by email at support@peregrineship.com