By using any of the Services and the Website, You expressly agree to be bound by these terms and all applicable laws and regulations governing the Website and the Services. The terms form a legally binding agreement between you and Supplyline in relation to your use of the Website and/or the Services and apply to all users of the Services, whether registered or not, on the Website.
As used in this Agreement, "Supplyline Industrial LLC", "Supplyline", "we," "us," and "our" shall mean Supplyline and its subsidiaries and affiliates. By accessing or using the services available through our Website (the "Services"), You agree to be bound by these Terms of Service. These Terms do not alter in any way the terms or conditions of any other agreement you may have with Supplyline for products, services, or otherwise. If you are using the Services on behalf of any entity, you represent that you are authorized to do so.
We may, at our sole discretion, modify or revise these Terms of Service, policies and price of services at any time by giving notice on our Website and/or through the Services, and you agree to be bound by such modifications or revisions. In the interest of clarity, it is stated that any free service can be converted into a paid subscription service at any given time. Although Supplyline may attempt to notify you when major changes are made to these Terms of Service, you should periodically click on our Terms of Service to review any updates. All changes shall be effective immediately on being posted and shall apply to all access to and use of our Website thereafter. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits hereunder.
You means a person (Buyer/Seller) who is using Supplyline services and/or completes Supplyline account registration process.
Buyer means the person or entity to which the Seller is providing Products via Supplyline platform.
Seller means the person or entity providing Products via Supplyline platform.
Products means the equipment, parts, materials, supplies, support, repair operations, and other goods and services Seller has agreed to supply to Buyer via Supplyline platform.
Content means reports, text, documents, graphics, images, software, audio, video, information or other materials.
Users Content means information and content provided by you and incorporated in Product listings, chats, e-mails, posts, and feedbacks.
Representative means an entity and its Affiliate(s), any director, officer, employee, consultant, contractor, agent, distributors and attorney associated with the Company.
Supplyline is an internet-enabled electronic platform that facilitates sales between Buyers and Sellers for the purposes of advertising and distributing information pertaining to goods/items listed on the platform. You agree and understand that we do not endorse, market or promote any of the listings, postings or information, nor do we at any point in time come into possession of or engage in the distribution of any of the goods and/or services posted by the Seller or listed on our Website..
Please Note: All transactions that are initiated by the Buyer on Supplyline Platform must be completed via Supplyline Platform. In the event users go outside the platform and settle the payment outside for the products and services listed on Supplyline platform, this action shall be considered a breach of these terms of conditions. Furthermore, Supplyline reserves the right to take legal action against such breaching parties.
Supplyline is not a party to purchase and sale transactions completed on the Supplyline platform and disclaims any and all responsibility to facilitate such transactions.
To begin the enrollment process, you must complete the registration process of the Account, which needs to be approved by Supplyline. The enrollment process is free; however, the Seller's Account requires a subscription. As part of the application, you must provide us with your (or your business's) legal name, address, phone number, e-mail address, applicable tax registration details, as well as any other information we may request.
You acknowledge and agree that Supplyline reserves the right, however, it is not required to determine whether the products sold on the Services or any Content related thereto:
You further agree that you:
Supplyline will encourage Sellers to have sufficient inventory to sell goods to Buyers. However, Supplyline does not guarantee a Seller's inventory or that there shall be enough Product to fulfill the demand of Buyers.
Buyer acknowledges and agrees that the Seller retains the right to refuse, decline, or cancel any order.
Upon checkout, you must provide an approved payment method in order to complete a purchase (such as a credit or debit card, but excluding pre-paid cards). Supplyline reserves the right to correct any errors in pricing. Supplyline shall charge your default payment method on file in your Account. However, in the event it fails, we reserve the right to charge any other payment method included in your Account.
Platform Subscription: access to your seller admin portal requires a paid membership with at least one user designated to be the seller administrator. Subsequent users may be added at no charge, with access controlled by designated administrator(s).
If you become a subscriber your subscription service will automatically renew on the next renewal period unless it is cancelled by you.
Commission: Supplyline charges Sellers Commission for each Product sold on the platform. The Commision that is charged is based on the Net Selling Price, Product Series/Type, and the Platform Subscription Plan that you choose. This Commission schedule will be provided to you during the Seller onboarding process. Sellers agree to pay such Commission for all sales transactions made on the Supplyline Platform.
We strongly recommend that users exercise their own discretion & due diligence around all relevant aspects prior to relying on any product or service. Please note that Supplyline does not implicitly or explicitly endorse any product(s) or services provided by advertisers/service providers.
This Website and Product(s) listed on the Website may contain typographical errors or inaccuracies and may not be complete or current. Available information on the Website is solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents. Any reliance you place on such information is strictly at your own responsibility and risk.
Terms Related to Delivery:
Buyers are responsible for all shipping costs, taxes, customs, and duties. In many cases, Supplyline may extend free shipping based on the conditions of your order. Factors include cart contents, order value, order weight, and other promotional considerations.
You agree and acknowledge:
Terms Related to Returns:
Product(s) are returnable within the applicable return window if Buyers have received them in a condition that is physically damaged, has missing parts or accessories, defective or different from their description on the product detail page on Supplyline. However, please note that the Return and Refund policy may vary from Seller to Seller. We recommend and encourage Buyers to go through the Seller's Return and Refund Policy before placing the order.
Supplyline has the right to withhold payments if there are any complaints or disputes between the Buyers and Sellers. Supplyline encourages the Users (Buyers and Sellers) to settle the disputes informally. However, in the event the Users are not able to informally resolve the disputes among themselves. Supplyline reserves the right to mediate the disputes between Sellers and Buyers, and Supplyline's decision to be deemed final and binding. However, you hereby release Supplyline from any and all liability relating to any dispute you have with another User.
Communications with Authorised Users and Submissions
You agree that we have access to all communications made through the Services, and we may retain such communications for our internal records.
Without limiting the scope of these Terms of Service, you agree to comply with these Terms of Service when communicating with the User through Supplyline platform. You agree not to use any inappropriate, obscene, defamatory, offensive language, crude or discussions of any matters explicitly or by inference illegal in any way.
Supplyline Services rely on, or interoperate with, third party products and services. The Website and Content available through the Website may integrate with other third-party platforms and websites such as third-party payment processor services, e.g. Stripe (https://stripe.com/ ) third-party helpdesks such as Freshworks (https://www.freshworks.com), third-party databases such as Airtable (https://airtable.com), and third-party product information management tools such as Plytix (https://www.plytix.com). If you link to Third Party Websites, you may be subjected to those Third-Party Websites' Terms of Service and other policies. Supplyline makes no representation or guarantee as to the accuracy or authenticity of the information contained in any of such Third-Party Website, data protection and your linking to any other Website is completely at your own risk, and Supplyline disclaims all liability thereto.
These third-party products and services are beyond Supplyline's control, but their operation may impact or be impacted by Supplyline Services' use and reliability. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers; (ii) these third-party products and services may not operate in a reliable manner 100% of the time and they may impact the way that Supplyline Services operate; and (iii) Supplyline is not responsible for damages and losses due to the operation of these third-party products and services.
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights therein are the exclusive property of Supplyline and its licensors. Supplyline and its licensors reserve all rights in and to the Website not expressly granted to you herein. There are no implied licenses herein. All suggestions or feedback provided by you to Supplyline with respect to the Website shall be Supplyline' property. Supplyline may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you.
This Website, our Product, and all other Content forming part of the Website, including without limitation, all photographs, ideas, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trademark and other intellectual property laws of United States of America.
You acknowledge and agree that Supplyline owns, controls or is licensed all legal right, title and interest in and related to the Product and Website, including all intellectual property rights. You may not:
If you believe that anything on or available through the Services infringes upon any copyright which you own or control, you may contact us at firstname.lastname@example.org
You acknowledge that all intellectual property rights, including without limitation, copyrights, patents, trademarks, and trade secrets, in the Product, and Services (i.e., the Websites, and Mobile version of the Websites) are owned by Supplyline or its affiliates or our licensors. Your possession, access, and use of the Product, and Services do not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Supplyline and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to you, not sold, under these Terms.
You may not use the Content of the Services in any other public or commercial manner, nor may you copy or incorporate any of the Content of the Services into any other work, including your own Website, without the written consent of Supplyline.
Seller's Intelectual Property:
Supplyline does not claim any ownership rights in any of Seller’s Content listed on Supplyline platform and nothing in these Terms will be deemed to restrict any rights that Seller may have to use and exploit their Content. The Seller agrees to give Supplyline a temporary license to manage, edit, and reproduce Sellers content posted on Supplyline platform.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify ("Notification") our Designated Copyright Agent using the contact information provided below. You agree to contact us first and provide such notification before approaching any third-party. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at:
Supplyline Industrial LLC.
Attn: Copyright Agent
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification ("Counter Notification") to [us/our Designated Copyright Agent] using the contact information provided below. To be an effective Counter Notification under the DMCA, it must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States of America, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
You agree that in no event, Supplyline or any of its officers, employees, agents are responsible or accountable for any of your listing, postings, or information and nor shall they be liable for any misuse, illegal activity, or third party content as most postings, listings or information are generated by various users directly.
You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, posting, or information provided by other users or sources including but lot limited to Links/Hyperlinks and quoted content. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website or as a result of any sale, purchase of goods and services with other users of the Website. We also cannot guarantee continuous or secure access to our Services. Accordingly, to the extent legally permitted, we exclude all implied warranties of merchantability, fitness, or quality of the Website and our services.
IN NO EVENT SHALL SUPPLYLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT DISPLAYED ON THE DEVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE (INCLUDING YOUR SMARTPHONE), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCT AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPPLYLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT SUPPLYLINE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY SUPPLYLINE FROM ITS FACILITIES IN UNITED STATES AND USA. SUPPLYLINE MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
SUPPLYLINE AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPPLYLINE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY.
YOU UNDERSTAND AND AGREE THAT THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF SUPPLYLINE IS FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO BREACH OF CONTRACT, BREACH OF EXPRESS OR IMPLIED OR LIMITED WARRANTY, NEGLIGENCE OF ANY KIND OR DEGREE, STRICT PRODUCT LIABILITY, SUBROGATION, INDEMNIFICATION OR CONTRIBUTION, OR ANY OTHER THEORY OF LIABILITY. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF SUPPLYLINE OR GROSS NEGLIGENCE OF SUPPLYLINE IN THOSE STATES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE.
You will not prepare a replica of our product and/or use, copy, adapt, modify, decompile, reverse engineer, scrape, disassemble, decrypt, attempt to derive the source code, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Product and Content, except as expressly permitted by Supplyline or as permitted under applicable law. Any unauthorized use of the Services is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
You agree that in the event your listing, posting, or your information violates any provision of these terms, we shall have the right to terminate and/or suspend your membership of the Website and refuse to provide you or any person acting on your behalf access to the Website.
These Terms of Service, including all terms and policies referenced herein, contain the entire understanding and supersede all prior agreements between you and Supplyline relating to this subject matter and cannot be changed or terminated orally.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Supplyline, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Supplyline or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
You agree to defend, indemnify, and hold harmless Supplyline and its respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any content to, on or through our Website. Without limiting your indemnification obligations described herein, we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Supplyline shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Governing Law. The Parties hereby agree that all actions brought in respect of this Agreement, or any Services delivered pursuant to this Agreement, shall be brought before a Competent Court of United States, and the parties hereby acknowledge the exclusive jurisdiction of the Competent Courts of the State of Delaware.
Administrator. The administrator for the arbitration is the American Arbitration Association ("AAA"), a non-profit organization that is not affiliated with Supplyline. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA's roster of neutral arbitrators. For information on the AAA, please visit its Website, https://www.adr.org. Information about the AAA's rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/Rules.
Applicable Rules. The arbitration will be governed by the AAA's Consumer Arbitration Rules (the "AAA Rules"), as modified by these Arbitration Procedures. If there is any inconsistency between the AAA Rules and these Arbitration Procedures, the Arbitration Procedures will control. However, if the arbitrator determines that strict application of the Arbitration Procedures would not result in a fundamentally fair arbitration, the arbitrator may make any order necessary to provide a fundamentally fair arbitration that is consistent with the AAA Rules.