Vendors Terms of Service

 

Last updated November 21, 2023

 

We are Emercatus LLC, doing business as eMarcatus (the “Company,” “we,” “us” or “our”), a company registered in Florida, United States. The following terms and conditions govern Company’s customers called vendors (also called “vendor” “seller” “sellers” “user” “users” “you” and “your”) and their use of this website (also called “emarcatus.com” or “eMarcatus”) and all other Emercatus LLC websites (collectively, our “Websites”) and products, some of which (but not all) are listed herein (the “Websites”). Emercatus LLC offers our Websites, including all information, tools, and services available from our Websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

 

By visiting our Websites or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (these “Terms of Service”) including those additional terms and conditions and policies in the website. These Terms of Service apply to all users of our Websites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our Websites. By accessing or using any part of our Websites, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access our Websites or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to our Websites shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Websites following the posting of any changes constitutes acceptance of those changes.

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of the Services.

 

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on our Websites through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

INTELLECTUAL PROPERTY

You acknowledge and agree that all content and materials available on our Websites are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on our Websites is strictly prohibited without the express written permission of the Company.

 

For information on requesting such permission, please contact us at hello@emarcatus.com

 

Any content generated as part of any discussions on any of the Company’s properties, will remain property of the Company. By commenting and taking part in any of the discussions, you acknowledge this fact and release ownership.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We reserve the right to modify the contents of these Websites at any time, but we have no obligation to update any information on our Websites. You agree that it is your responsibility to monitor changes to our Websites.

 

We reserve the right to modify the vendors information including but not limited to: listings, product title, description, pictures, prices, skus, distribution areas, if we believe necessary, or that it will offer a better experience to this websites’ users.

 

 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and Service is subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

 

PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online through our Websites. These products or Services may have limited quantities.

 

We reserve the right, but are not obligated, to limit the sales of our vendor’s products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that our vendor’s offer.

 

All descriptions of products or Services, or product or Service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service at any time. Any offer for any product or Service made on these Websites is void where prohibited.

 

 

VENDORS PRODUCT AND INFORMATION APPROVAL

We require to review and verify the information any vendor submit to be listed on this website and the site content of anyone opening a vendor’s account on ww.emarcatus.com. We comply with authorities, regulators, payment processors and financial partners to create a transparent environment to help prevent any illegal activities or activities prohibited by our payment processor or other financial partners from being conducted.

 

As such, some products may are prohibited, and will not be approved. If approved my mistake, it is your responsibility (vendors) to delete the prohibited product as soon as possible, and the vendor will assume all the responsibility for uploading a prohibited product mentioned in the list below.

 

Important:

• It is your responsibility to make sure that the products offered on our site are not included in the Prohibited Businesses list. In such an event, Emercatus LLC may suspend or close your account, withhold or block funds, and/or refund payments to the relevant customers, without any previous notice.

 

PROHIBITED PRODUCTS OR SERVICES

Emercatus LLC may not be used to sell nor promote in relation to any of the following products or services:

 

Adult

• Adult goods (excluding fetish products)
• Fetish products
• Pornographic content: books, magazines, audio, videos, websites, streaming services, and other content formats deemed offensive or of a sexual nature.
• Entertainment: Gentleman's clubs, topless bars, strip clubs, sexually oriented massage parlors, saunas, escort agencies, or any sexually related services
• Sexually oriented dating services

 

Financial Businesses

• Binary options
• Buy now pay later / Installment payment methods.
• Credit card and identity theft protection
• Credit repair and credit protection business
• Debt repayment and collection agency
• E-wallet or e-money that can be monetized, re-sold or converted to physical and digital goods and services or otherwise exit the virtual world.
• Extended warranties
• Financial service or money service business, including but not limited to:
• Traveler checks
• Money orders
• Foreign Exchange
• Check cashing.
• Virtual currencies
• Cash advances by non-financial institutes
• Fines or penalty collections of any kind
• Forwarding brokers
• Independent or unlicensed financial advisors
• Insurance sales and services (life)
• Insurance sales and services (non-life)
• Money transfer & remittance businesses
• Payday loans, unsecured loans and loans originating from non-FDIC insured banks
• Payroll, invoice & business services
• Provider or seller prepaid access/stored value
• Shell banks

 

Healthcare

• Prescription-only and regulated medical devices (including contact lenses)
• Dental supplies
• Health practitioners, private medical practices, e-doctors, dental/medical services and facilities
• Intravenous therapy (e.g., IV drip bar, vitamin infusions, hangover cures)
• Medical benefit packages
• Pharmaceuticals, prescription medicine
• Supplements which include prescription ingredients and \ or containing CBD \ THC
• Nutraceuticals that are harmful or make unsupportable claims.
• Nutraceuticals solely focused on weight loss or increasing sexual performance.

 

Intellectual Property (IP)

• Counterfeit products, replicas or designed infringements of them including products designed to circumvent IP
• Essay mills, paper mills where the intent is to falsely submit documents as their own work
• Products designed to circumvent copyright protection techniques or to otherwise facilitate the unlicensed use of copyrighted material

 

Marketing Practices

• Business investment opportunities operating as ‘get rich quick schemes’.
• Business models that use ransom - or extortion like practices
• Business practices that are designed to evade excessive chargeback monitoring programs.
• Data pass
• Deceptive marketing tactics related to disclosure, false or inaccurate claims, before/after claims, endorsements, cancellation or refunds avoidance, pre- checked opt-ins, poorly disclosed negative options, misappropriation of incentives, disproportionate rebates, sweepstakes.
• Fake references and other services or products that foster deception.
• Inbound telemarketing for postcard or mailings
• Products or services that promote hate, violence, discrimination, terrorism, harassment or abuse in any shape or form.
• Pyramid selling, chain letters or other financial scams.

 

Not for Profit

• Unregistered charities
• Crowdfunding

 

Other Products and Services

• Airlines
• Ancestry research
• Animals and wildlife products classified as endangered or protected.
• Bail bonds and bankruptcy lawyers
• Bidding fee and penny auctions
• Certain social media business (e.g. click farms, sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity and online traffic)
• Cloud storage, VPN, file sharing, (high-risk) cyber lockers
• Cruise Lines
• Direct Marketing – Inbound teleservices, outbound telemarketing and travel-related arrangement services, Insurance services, catalog merchants, door-to-door sales
• Governmental services, such as embassies or consulates
• Hazardous materials (B2B), including but not limited to:
• Hydrofluoric acid
• Products containing cyanide.
• Prohibited ozone-depleting substances (ODS)
• Nitric acid
• Peptides, research chemicals
• Bacteria cultures or other products containing E-coli or Escherichia coli
• Toxic, flammable and/or radioactive materials
• Hazardous materials (B2C), as described above.
• Human body parts or bodily fluids (excluding hair and teeth)
• Internet product and service providers
• Key-entry telecom merchant
• Live-streaming Services with in-app currency
• Live-streaming Services with in-app donations functionality
• Multi-level marketing
• Pawn shops
• Telemarketing companies selling products or services as an agent for a third party
• Timeshare and timeshare maintenance
• Veterinary practices

 

Regulated (Non-Financial) Products and Services

 

• Alcohol sales as main product (e.g. alcohol shops, bars, breweries, wineries)
• Cannabis dispensaries and related businesses
• Drugs, and tools specifically intended for the production of drugs, drug paraphernalia, illegal drugs, substances designed to mimic illegal drugs and/or other psychoactive products.
• Any product that contain CBD
• Illegal products or services or any service providing peripheral support of illegal activities, including illegal gambling services.
• Legal gambling or Game of Skill where participants receive cash or cash equivalents or prizes with/of material value: including but not limited to: Casinos, poker, bingo, slot machines, betting, lotteries, racing, fantasy sports
• Products or services specifically offered or intended to be used to create, produce or grow drugs or drug ingredients.
• Tobacco, e-cigarettes, e-liquids
• Trade of fireworks, flammable, or radioactive materials
• Trade of weapons, ammunitions, military arms, explosive devices and firearm parts
• Any type of US based gambling services

 

Securities and Trading

• Cryptocurrency exchange
• Cryptocurrency mining equipment
• High-risk securities such as:
• Contract for difference (CFD)
• Financial spread betting
• Initial coin offering (ICO)
• Forex currency options
• Cryptocurrency options
• Trading and purchases
• Security brokers /investments of any kind including the purchase of:
• Securities
• Currencies
• Derivatives
• Commodities
• Shares
• Options
• Precious metal
• Other financial instruments

 

Third Party Payment Processing

• Aggregators, including but not limited to:
• Marketplaces 
• Platforms
• Staged Digital Wallet Operators
• Payment Facilitators or other internet payment or member service providers (IPSP or MPS)
• Payment service companies, including but not limited to:
• Peer-to-peer 
• Bill payments 
• Commissary accounts

 

Technology

• Decryption and descrambler products and services, devices designed to block, jam or interfere with cellular and personal communications

 

 

ACCURACY OF PRODUCTS LISTED

Each vendors is liable for any product that each vendor list on eMarcatus. You are responsible for listing accurately the product title, description, and present photos that represent the final product in reality. Using deceiving photos or overpromising descriptions will be penalized by having your products deleted from the website. Plus, Emercatus LLC reserve the right to delete the account complexly if this continues to occur or if we believe that the vendor is not acting in good faith.

The vendor is completely responsible for sending the exact product that the final user purchased via emarcatus.com. Vendors are liable for any mistake, misunderstanding, exchange of a product sent to the final customer. If final customers receive a different product that they intended to buy, vendors are responsible for any loses, costs, and damages that this may cause. Plus, vendors are responsible for the costs, damages, and loses that the return and/or exchange of the product may cause. Emercatus LLC will not be responsible for any of the above stated in relation to the fulfillment of a

 

VENDORS OFFERING FOOD

Vendors that sell food on this websites are responsible for the quality of the food sent to final customers. Vendors guarantee that any food product that is listed on eMarcatus, and that is sent to the final customer, is in good conditions, have been in good conditions, and will arrive in good conditions to the final customers. Vendors are held complete responsible for any damage, loses, and costs that their food products may cost the final customer.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order any user place on our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you (the vendor) and the final costumer by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

 

You agree to provide current, complete, and accurate account information. You agree to promptly update your account and other information, including your email address, name, and billing information, including back account information, credit card information, expiration dates, if needed, so that we can complete the payment transactions and contact you as needed.

 

 

REFUNDS AND CANCELLATION POLICY

Each vendors reserve the right to offer or not to offer a refunds policy. You (the vendor) are responsible for compliance with your own refund policy, and will be held responsible for it. Emercatus LLC will not be responsible for any of refunds costs, nor for the policy election of the vendor.

 

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through our Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

THIRD-PARTY LINKS

Certain products and services available via our Service may include materials from third-parties.

Third-party links on these Websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to: (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

BANK ACCOUNT DETAILS

If a vendor decides to use bank transfer as a payment method, note that the information can be viewed by the Admin (eMarcatus team) and the Webkul team (the Multi Vendor Marketplace app that eMarcatus uses is created by Webkul Software Pvt Ltd)

 

PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy. 

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using our Websites or content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Any written advice given by Emercatus LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors is limited to the matters addressed herein, and not intended or written by Emercatus LLC as advice on the application or potential application of any penalties that may be imposed under any United States federal, provincial or state, or foreign statute or regulation in any manner. Any advice given is for educational and information purposes only. In no case shall Emercatus LLC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Emercatus LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Websites.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate any active order forms or immediately cease your use of the Websites and Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you (vendor) and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida only. You hereby consent to binding arbitration in Miami Dade County, Florida to resolve any disputes arising under these Terms of Service.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Websites. It is your responsibility to check our Websites periodically for changes. Your continued use of or access to our Websites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

CONTACT

In order to resolve a complaint regarding the Service or to receive any further information regarding the use of the Services, please contact us at hello@emarcatus.com