Terms Of Service

Prima Ecom (“Prima Ecom,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”) are in a legal relationship as a result of this User Agreement (“Agreement”) that governs your use of the Prima Ecom website (“Website”) and the range of services that Prima Ecom offers (“Services”). You acknowledge that you have read, understand, and agree to be bound by this Agreement by accessing or using the Website or Services. Your access to and use of the Website or Services are restricted if you disagree with this Agreement.

Messaging Frequency

We will send between 10-20 messages per day.

Potential Fees

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally.

Opt-in and Opt-out Methods

Opt-In Method:

You may opt-in to receive SMS messages from Prima Ecom in the following ways:

• By filling out a paper form

Opt-Out Method:

You can opt-out of receiving SMS messages at any time. To do so, simply reply “STOP” to any SMS message you receive. Alternatively, you can contact us directly to request removal from our messaging list.

Additional Options:

• If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Standard Messaging Disclosures:

• Message and data rates may apply.
• You can opt out at any time by texting “STOP.”
• For assistance, text “HELP” or visit our [Privacy Policy] and [Terms and Conditions] pages.
• Message frequency may vary.

Summary of Services

Prima Ecom provides a range of services, including management of Walmart and Amazon Seller Central accounts, product sourcing, shipping management, and full Amazon business facilitation. It is crucial to remember that Prima Ecom does not guarantee financial security; rather, it offers services for seller management and logistics. The Services are only intended for informational use; no direct purchases may be made through the website. The Master Service Agreement (MSA), which is relevant to the customers of Prima Ecom, provides a more thorough description of the Services.

Agreement to Terms

Your use of the Website or Services and access to them confirm that you have read, understood, and agree to be bound by the terms of this Agreement. Your access to and use of the Website or Services are prohibited if you disagree with the terms of this Agreement.

Obtaining a License 

You are granted a revocable, non-exclusive, non-transferable, and constrained license by Prima Ecom to access and use the Website and Services solely in accordance with the terms and conditions set out in this Agreement.

Restrictions on Liability

Prima Ecom, together with its officers, directors, employees, agents, affiliates, and partners, shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, in accordance with applicable law. This liability exclusion is applicable regardless of the legal theory—contract, tort, or any other—and even if Prima Ecom knew that such damages were likely to occur.

Non-Disparagement

You agree to refrain from engaging in any verbal or written behavior that would be detrimental to Prima Ecom, its officers, directors, employees, agents, affiliates, or partners’ reputations or status. This covenant not to disparage shall survive the termination of this Agreement and shall insure to the benefit of the parties hereto.

Quick Resolution 

In the event that the non-disparagement pledge is violated, notice of the violation must be given to the offending party. The infringing party shall have a period of 48 hours after receiving the notice to expeditiously correct the violation and stop engaging in defamatory behavior

Indemnification 

You agree to hold Prima Ecom, its officers, directors, employees, agents, affiliates, and partners harmless from any demand or claim made by a third party arising out of or related to your violation of this Agreement, your violation of any law or the rights of a third party, or your use of the Website or Services, including reasonable legal fees.

Master Service Agreement (MSA) reference

 The Master Service Agreement (MSA) between Prima Ecom and its clients is supplemented by this Agreement. The terms of the Master Service Agreement (MSA), if you and Prima Ecom have one, also apply to your use of the Website and Services.

The Terms of Service are effective as of 10-13-2022

Here at Prima Ecom, welcome! You (“User,” “you,” or “your”) and Prima Ecom (“we,” “us,” or “our”) are parties to this agreement (the “Agreement”). You accept to be governed by the terms of this Agreement by accessing or using the Prima Ecom website (“Website”) and the services offered by Prima Ecom (“Services’ ‘). Please don’t use the Website or Services if you don’t agree with these terms.

License

In accordance with the provisions of this Agreement, Prima Ecom hereby provides you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services.

Agreement to the terms and conditions

You confirm that you have read, comprehended, and accepted these Terms and Conditions by using the Prima Ecom Service. Please don’t use the Service if you don’t agree.

Definitions

• “Cookie” refers to a small data file that is stored on your device by a website’s web browser to enhance user experience.
• “Country” refers to the United States of America (U.S.A).
• “Device” refers to any internet-connected device like a phone, tablet, or computer.
• “Service” refers to the offerings provided by Prima Ecom on the platform.
• “Third-party service” refers to external entities that provide content or products through the Service.
• “Website” refers to the Prima Ecom site accessible via the URL: primaecom.com.
• “You” refers to the individual or entity registered with Prima Ecom.

 

Usage Restrictions

You agree not to: License, sell, rent, distribute, transmit, or make the platform available to any third party.

 Modify, reverse engineer, or remove any proprietary notice of Prima Ecom.

Interfere with the functioning of the Website

 

Feedback

Any feedback provided to Prima Ecom regarding the Website becomes our property and can be used without credit or compensation to you.

 

Consent to Terms and Conditions

By using our Website, creating an account, or making a purchase, you consent to our Terms and Conditions

 

Cookies

Cookies are used on our Website to enhance functionality. You can disable them, but it might affect your experience

 

Contingency Clause

(a) The Manager’s obligations under the buyback guarantee may be suspended if certain conditions are not met.

(b) Store deactivation will pause the buyback guarantee period.

 

Force Majeure

(a) Neither party is liable for failure due to events beyond their control.

(b) If a Force Majeure event continues, either party can terminate this Agreement.

 

Changes to Terms and Conditions

We may update or modify our Terms and Conditions at any time without prior notice.

 

Modifications to Website and Updates

Prima Ecom reserves the right to modify, suspend, or discontinue the Website or Services temporarily or permanently. Updates may alter features and functionalities of the Website

 

Term and Termination

This Agreement is effective until terminated by you or Prima Ecom. We may suspend or terminate at our discretion.

 

Copyright Infringement Notice

If you believe material on our Website infringes your copyright, contact us with specific information.

 

Indemnification

You agree to indemnify and hold Prima Ecom harmless from any claim arising from your use of the Website.

 

No Warranties

The Website is provided “AS IS” without warranties. We disclaim all warranties, and your use is at your own risk.

Please review these terms carefully. Your continued use of the Website and Services signifies your agreement to these terms.

 

Restrictions on Liability

Prima Ecom and its suppliers’ obligations under this Agreement and your exclusive recourse in any matter shall be limited to the actual price you paid for the website, regardless of any potential damages. To the To the fullest extent permitted by law, Prima Ecom and its suppliers are not responsible for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, data, or other information, business interruption, personal injury, loss of privacy due to the use of the website, third-party software, or third-party hardware associated with the website, or any provision of this Agreement), even if Prima Ecom or any supplier has been advised of the possibility of such damages.

Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you.

 

Severability

If any provision of this Agreement is deemed unenforceable or invalid, it shall be revised and interpreted to achieve the intent of the provision to the fullest extent allowed by applicable law, and the remaining provisions shall remain in full force and effect.

This Agreement, along with the Privacy Policy and other legal notices published by Prima Ecom on the Services, constitutes the entire agreement between you and Prima Ecom regarding the Services. If any provision of this Agreement is found invalid by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected, and those provisions shall remain in full force and effect. Failure to assert any right or provision under this Agreement does not constitute a waiver of that right or provision. Any cause of action related to the Services must commence within one year after the cause of action arises, or it is permanently barred.

 

Waiver

Except as explicitly provided herein, the failure to exercise a right or enforce an obligation under this Agreement does not waive the ability to exercise that right or enforce that obligation at a later time. No single or partial exercise of any right or power under this Agreement prevents further exercise of that or any other right granted herein. In the event of conflict between this Agreement and any applicable purchase or other terms, this Agreement governs.

 

Amendments to this Agreement

Prima Ecom reserves the right to modify or replace this Agreement at its sole discretion. Material revisions will be notified at least 30 days in advance. What constitutes a material change is determined by Prima Ecom. By continuing to access or use the website after revisions take effect, you agree to the revised terms. If you disagree with the new terms, you are no longer authorized to use Prima Ecom.

 

Entire Agreement

This Agreement is the complete understanding between you and Prima Ecom regarding the website and supersedes all prior written or oral agreements. Additional terms and conditions may apply when using or purchasing other Prima Ecom services.

 

Updates to Our Terms

We may change our Service and policies and update these Terms accordingly. We will provide notice of changes before they take effect. By signing the service agreement at the time of onboarding, you agree to the updated Terms (mentioned in the service agreement).

 

Intellectual Property

The website’s contents, features, and functionality are owned by Prima Ecom or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. The material may not be copied, modified, reproduced, downloaded, or distributed without prior written permission from Prima Ecom, except as expressly provided in these Terms & Conditions.

 

Agreement to Arbitrate

This section applies to disputes except those related to claims for injunctive or equitable relief regarding intellectual property rights. “Dispute” includes any conflict between you and Prima Ecom concerning the Services or this Agreement. You and Prima Ecom will attempt informal negotiation within sixty days before commencing arbitration. If negotiation fails, binding arbitration will be conducted in accordance with the commercial arbitration rules of the American Arbitration Association.

 

Binding Arbitration

If informal negotiation fails, disputes will be resolved through binding arbitration in accordance with the American Arbitration Association’s rules. Both parties may seek preliminary injunctive relief from a court to protect their rights or property. The prevailing party’s legal costs will be borne by the non-prevailing party

 

Submissions and Privacy

Submissions become the sole property of Prima Ecom and may be used without compensation. Prima Ecom may include contests or promotions subject to separate rules

 

Promotions

Promotions may have separate rules, including eligibility requirements. By participating, you agree to abide by and comply with all Promotion Rules.

Additional terms and conditions may apply to purchases, subject to this Agreement.

 

Typographical Errors

Prima Ecom reserves the right to refuse or cancel orders with incorrect pricing or information. Orders may be canceled, and charges credited if already been processed.

 

Miscellaneous

Unenforceable provisions will be modified to the fullest extent permitted. Written and signed waivers by authorized representatives are effective. Prima Ecom operates the Service from the USA, and it may not comply with all local laws. These Terms & Conditions contain the complete understanding between you and Prima Ecom, superseding all prior understandings.

 

Disclaimer

Under no circumstances shall Prima Ecom bear liability for special, direct, indirect, consequential, or incidental damages, or any form of damages, whether arising from contract, negligence, or any other legal basis, in connection with the utilization of the Service or the materials found within it. Prima Ecom retains the right to introduce additions, deletions, or alterations to the Service’s contents without prior notice.

The Prima Ecom Service and its components are provided on an “as is’ ‘ and “as available’ ‘ basis, with warranties upon service delivery only, whether explicit or implicit. Prima Ecom acts as a design and ecommerce service agency. Price and availability details are subject to change without advance notice, in case the service agreement is already signed, then Prima Ecom will email the client about the changes. Furthermore, Prima Ecom does not warrant that the Prima Ecom Service will remain uninterrupted, untainted, punctual, or free from errors.