SKUBIQ Terms of Service

These terms of service (“Terms of Service” or “ToS”) form a contract between (referred to herein as “Customer”, “you”, “your” or “Merchant”) and Avya Inventrax Private Limited, DBA: Inventrax fully owns and the representative of www.skubiq.com(“SKUBIQ”) that governs your access and use of the SKUBIQ Services. By using any of the SKUBIQ Services, you agree to be bound by these Terms of Service. If you are using the SKUBIQ Services on behalf of an organization, you are agreeing to these Terms of Service for that organization and representing to SKUBIQ that you have the authority to bind that organization to these Terms of Service (in which event, “you” or “Merchant” will refer to the organization). You may use the SKUBIQ Services only in compliance with these Terms of Service and only if you have the power and right to form a contract with SKUBIQ

Accounts, SKUBIQ Service, and Policies

Accounts: In order to create an account with SKUBIQ, you will provide SKUBIQ with identifying information, a password, company information and information about your Inventory (“Registration Information”). You agree that you will provide accurate Registration Information and will promptly update such Registration Information as necessary but in no event later than 30 days after any applicable change. Upon SKUBIQ acceptance of your request to register for an account (“Account”), you will be sent validation and activation instructions. Access to, and use of, the Account is restricted to authorized users only. You agree not to share your password(s), Account information, or Account access information. You are responsible for maintaining the confidentiality of password(s) and Account information, and you are responsible for all activities that occur under your password(s) or Account(s) or as a result of your access to the Account(s). You agree to notify SKUBIQ immediately of any unauthorized use of your Account. SKUBIQ shall not be liable for any unauthorized use of your Account. Through your Account, you can select SKUBIQ Services. For purposes of these Terms, “Good Standing” means that the Account has a positive balance and that you are not in breach of these Terms or Policies.

SKUBIQ Services: Subject to your compliance with these Terms and the Policies, SKUBIQ shall perform the SKUBIQ Services as selected and authorized by you in your Account. For purposes of these Terms, “SKUBIQ Services” means the SKUBIQ products and services and any other features, software, technologies and/or functionalities offered by SKUBIQ and ordered by you through your Account. You may order SKUBIQ Services through your Account (“SKUBIQ Services Orders”). All SKUBIQ Services Orders are deemed incorporated into, and governed by, these Terms. SKUBIQ helps you accept shipments from, and make shipments to, third parties. SKUBIQ is an independent contractor for all purposes. SKUBIQ acts as your agent only with respect to the custody of your merchandise (hereinafter referred to as “Inventory”).

Customer Policies and Use of SKUBIQ Services. SKUBIQ has defined policies that govern your use of the SKUBIQ Services (“Policies”). The Policies are linked below and are hereby incorporated by reference. In the event of any conflict or inconsistency between these Terms and any of the Policies, these Terms shall control. Your breach of any of these Terms or the Policies shall excuse SKUBIQ’s performance of the applicable SKUBIQ Service.

  • Acceptable Use Policy
  • Privacy Policy
  • Service Levels Policy
  • Restricted Activities Policy
  • Fees, Minimum Balance, and Ancillary Charges Policy
  • Disputes Policy
  • You acknowledge that your breach of the Policies or the Terms may result in you incurring additional fees from SKUBIQ or third parties for the applicable SKUBIQ Services.

Account Balance and Fees.

Account Balances. SKUBIQ may set a minimum balance that you must maintain on your Account (“Minimum”). SKUBIQ reserves the right to increase or decrease the Minimum on your Account immediately upon notice to you. Your SKUBIQ Account must be funded at or above the Minimum in order to receive SKUBIQ Services. The funds that you maintain in your SKUBIQ Account constitute your “Account Balance”. As SKUBIQ Services charges are incurred, SKUBIQ will deduct these from your Account Balance. SKUBIQ reserves the right to request deposits to receive Inventory to cover costs such as receiving costs and enforce minimum Account Balances. If your Account is closed for any reason, SKUBIQ reserves the right to hold the Minimum Balance for up to 180 Days.

Usage Fees. “Usage Fees” are the fees for any SKUBIQ Services and any third-party fees (including, but not limited to carrier fees, shipping fees, rates of duty, international brokerage charges, freight charges, insurance premiums or other charges given during your use of SKUBIQ Services) ordered through your Account and any special or additional fees assessed against your Account as permitted in these Terms or the Policies. Note that the Usage Fees for SKUBIQ Services are billed to the month in which the SKUBIQ Services are performed. Usage Fees are subject to change. If you are on a billing plan, should you change plans during or at the end of any month, your previous pricing plan may no longer be available.

Estimates. Quotations for SKUBIQ Services and Usage Fees are for informational purposes only and are subject to change without notice and shall not under any circumstances be binding upon SKUBIQ. Quotations accepted through SKUBIQ Services’ online interface are estimates based on the information available at the time made. The final rates and service fees may vary based upon the shipment actually tendered, the work actually performed, or a number of factors such as carrier shipping prices, the actual characteristics of your product, the delivery address, and services requested during the normal course of delivery. SKUBIQ reserves the right to bill the Usage Fees based on actual charges at any time after the SKUBIQ Services are rendered. SKUBIQ specifically disclaims liability for any shipping rate errors due to inaccurate or incomplete information, such as dimensions and weights.

Additional Item Fees/Credits. For some legacy SKUBIQ plans, there may be a need to pay for additional item fees when the total items shipped during a month exceed the plan allowance. Additional item fees are listed in the merchant Account, under Account plan preferences. Merchants on legacy SKUBIQ pricing plans that use item allowances understand that plan items must be used during the specified billing period or will be automatically forfeited. This applies to items purchased as part of plan upgrades, as well as to any unused additional item credits.

Currency Fluctuations. SKUBIQ reserves the right to adjust its pricing in response to currency fluctuations, including but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.

Usage Fee Disputes. Should you disagree with any Usage Fees (other than the carrier or third-party fees) charged against your Account, you must submit the dispute to SKUBIQ within 90 days of the fee being charged (“Dispute Period”). SKUBIQ will not review Customer requests for Usage Fee adjustments that are received after the Dispute Period. The dispute timing allowed for third-party fees and carrier fees shall be set by the applicable third party or carrier and such time period may be substantially shorter than the SKUBIQ Dispute Period. If you have a dispute with a third-party fee or carrier fee, please contact SKUBIQ immediately.

Account Balance Disputes. If SKUBIQ becomes aware of or is notified of, a dispute relating to your Account Balance, then SKUBIQ will promptly review the dispute. Within 5 business days after the resolution of the dispute, SKUBIQ will credit or debit your Account Balance accordingly, if appropriate. SKUBIQ will not review Customer requests for Account Balance adjustments that are received more than 90 days after the amount in dispute is posted to your Account Balance.

Abandoned Account and Liquidation. If your Usage Fees remain unpaid for a period greater than 30 days, then SKUBIQ reserves the right, at its sole discretion to reclassify your Account as an “Abandoned Account.” Additionally, any Account that remains unpaid for greater than 60 days will automatically be deemed an Abandoned Account. Upon an Account becoming an Abandoned Account, all rights to ownership of the Account Balance and Inventory would then immediately be forfeited by you. Inventory will become immediately and irrevocably unavailable to you, and liquidation proceedings would begin. You agree the Inventory would be free and clear of liability, and that you would assume any liability therefore. You would have no rights to the liquidation proceeds. You would also remain liable for any pending Usage Fees above and beyond the liquidation proceeds.

Taxes. You acknowledge and agree that all fees, charges and any other rates or amounts charged by SKUBIQ to you hereunder are exclusive of applicable value-added, sales/use or Inventory and service taxes (“Transaction Taxes”) which may be levied in connection with the supply by SKUBIQ of the SKUBIQ Services to you. Where applicable, you shall pay all Transaction Taxes arising in respect of the Usage Fees or other amounts charged by SKUBIQ to you.

Currency. All dollar amounts stated in these Terms and Policy will be in US dollars unless otherwise specified.

 

Developers And API License.

License Grant. If you are using SKUBIQ software such as an application programming interface (API), developer’s toolkit or other software application (such as but not limited to, an e-commerce module developed by SKUBIQ) (“Developer Tools”), then SKUBIQ grants you a revocable, non-exclusive, non-transferable license to use Developer Tools in accordance with the documentation for your internal business purposes only. You may not rent, lease or otherwise transfer your rights in the Developer Tools to any third party. SKUBIQ provides the Developer Tools solely on an “AS IS” basis and disclaims all warranties and liability for your use of the Developer Tools. SKUBIQ may change or discontinue any Developer Tools at its reasonable discretion.

Third-Party Software. Any third-party software application you use on the SKUBIQ website, to connect to SKUBIQ Services, or related to the SKUBIQ Services (“Third Party Software”) is solely subject to any third-party software provider software licenses. SKUBIQ does not own, control or have any responsibility or liability for any Third Party Software.

 

Intellectual Property.

SKUBIQ Property. For purposes of this Agreement, “SKUBIQ Property” shall mean;

(a) SKUBIQ’s methodology for the provision of SKUBIQ Services;

(b) the Developer Tools; and

(c) SKUBIQ’s ideas, website, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. SKUBIQ hereby retains all worldwide rights, title and interests in and to the SKUBIQ Property. Any rights not expressly granted herein to the SKUBIQ Property shall be retained by SKUBIQ. You acknowledge that all right, title and interest to the SKUBIQ Property is owned by SKUBIQ.

 

SKUBIQ website and all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by SKUBIQ., its licensors, or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service grant you a personal, non-exclusive, non-transferable, revocable license to access and use the SKUBIQ website. You may access the material on the SKUBIQ website only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the SKUBIQ website, except as incidental to normal web browsings, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the Sites that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the SKUBIQ website. With respect to our mobile applications, you may download a single copy to each of your mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Use.

You must not:

  • Modify copies of any materials from the SKUBIQ website.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
  • Reverse-engineer or otherwise attempt to steal the software code of the Sites.

Any use of the SKUBIQ website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

 

Prohibited Uses of the Site. Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, translate, decompile, disassemble, or reverse engineer any part of the SKUBIQ Property, or otherwise to attempt to discern the functioning or operation of the website or SKUBIQ Services; or to copy, to rent, to lease, to distribute, or to otherwise transfer any or the rights that you receive hereunder. For clarity, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of SKUBIQ and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by SKUBIQ through our merchant services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to SKUBIQ.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to SKUBIQ or the SKUBIQ Service, or display them in any manner that implies SKUBIQ’s sponsorship or endorsement. You shall not (and you shall not permit others to):

  • Use the SKUBIQ website, in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the SKUBIQ website, for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
  • transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
  • impersonate or attempt to impersonate Insider Inc., an Insider Inc. employee, another user, or any other person or entity (including, without limitation, by using their e-mail addresses or screen names
  • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Insider Inc. or users of the Sites or expose them to liability.
  • use any robot, spider, scraper or other automated devices, process, or means to access, monitor, index or otherwise copy any material on the SKUBIQ website or SKUBIQ Services for any purpose without SKUBIQ’s express written permission,
  • interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, or
  • Bypass any measures SKUBIQ may use to prevent or restrict access to the SKUBIQ website or the SKUBIQ Services.

Additionally, you agree not to interfere with or attempt to interfere with the proper working of the SKUBIQ website, including but not limited to:

  • Use this Site in a manner that could disable, overburden, damage, or impair the SKUBIQ website or interfere with any other party’s use of the Sites;
  • Use any device, software or routine that interferes with the proper working of the SKUBIQ website; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the SKUBIQ website, the server on which the Sites are stored, or any server, computer, or database connected to the SKUBIQ website; or
  • Attack the SKUBIQ website via a denial-of-service attack or distributed denial-of-service attack.

Engaging in a prohibited use of the SKUBIQ website may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.

 

Client Property. No Confidential Information obtained by SKUBIQ from you shall become SKUBIQ Property. All materials provided by you under any SKUBIQ Services Orders shall be deemed “Client Property” for purposes of the Agreement. You grant to SKUBIQ a non-exclusive license to the Client Property solely as needed to provide the SKUBIQ Services. No other licenses express or implied, under any intellectual property rights are granted by you to SKUBIQ under these Terms.

Data Security. The Service is currently provided from India. Registration Information, Account Data, information and other data (“Data”) are currently stored and processed in India. SKUBIQ has implemented and will maintain appropriate physical, electronic, and managerial procedures intended to protect against the loss, misuse, unauthorized access, alteration or disclosure of Data. These measures include encryption of Data during transmission to the SKUBIQ Service and encryption of backups of Data and authentication credentials at rest. SKUBIQ will use reasonable efforts to promptly notify the Account owner of any unauthorized access to or use of, Data that comes to SKUBIQ’s attention. You must immediately notify SKUBIQ of any suspected security breach at info@skubiq.com followed by contacting SKUBIQ customer support.

 

Confidential Information.

Definition. Each party (“Recipient”) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms and subject to the Exclusions set forth below, Confidential Information means any information provided to it by the other party (“Discloser”) that is marked, labelled or otherwise designated as confidential or proprietary, or that the Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.

Exclusion. Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by the Recipient without restriction from a third party, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser’s Confidential Information, or (f) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provides Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.

Non-transactional Confidential Information. Other than transaction information absolutely required for SKUBIQ to provide, or for you to use the SKUBIQ Services, SKUBIQ does not require nor desire any of your proprietary information (“Non-transactional Confidential Information”). You agree not to provide SKUBIQ with any Non-transactional Confidential Information, including, but not limited to, prototypes of new products, without SKUBIQ’s express prior written consent. In the event that you send such Non-transactional Confidential Information to SKUBIQ without SKUBIQ’s prior written consent, then SKUBIQ shall not be obligated to treat such information as Confidential Information.

Standard of Care. Recipient shall not use the Confidential Information for any purpose other than as required by these Terms. The recipient shall not disclose the Confidential Information to any third party, other than as required to perform the SKUBIQ Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which monetary damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.

Return or Destruction. Other than transactional information that is retained in the ordinary course of a party’s business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of a written request from the other party.

Aggregate Use. Subject to the Terms herein, you hereby acknowledge and agree that SKUBIQ may compile aggregate results from all of, or a selection of your use of the SKUBIQ Services, provided that SKUBIQ shall not disclose any information that would individually identify you (“Aggregate Information”). Such Aggregate Information shall be deemed to be SKUBIQ’s Confidential Information. You also hereby agree that SKUBIQ may review and use your individual use of the SKUBIQ Services in order to provide SKUBIQ Services to you, evaluate SKUBIQ’s provision of the SKUBIQ Services, and improve SKUBIQ’s service offerings.

 

Indemnification

Indemnification by SKUBIQ. SKUBIQ agrees to defend, indemnify, and hold Customer harmless (including, without limitation, from all damages, liabilities, settlements, costs, and reasonable attorneys’ fees) from and against any claim against Customer arising from Customer’s use of SKUBIQ’s Services as permitted herein, brought by a third party alleging that the Service infringes such third party’s patent, copyright, or trademark. The indemnity in this clause shall not apply to the extent that any alleged infringement arises as a result of (i) Customer’s breach of the terms of this Agreement or any negligent, wilful or fraudulent act or omission by Customer, its officers, employees, agents or contractors; (ii) any additions or modifications made to the Service other than by SKUBIQ or with SKUBIQ’s prior written approval; or (iii) the incorporation of Customer Data in the Services.

If SKUBIQ receives information about an infringement claim related to the Service, SKUBIQ may in its discretion (i) modify the Service so that it is can no longer be claimed to infringe, (ii) obtain a license for Customer’s continued use of that Service in accordance with this Agreement, or (iii) terminate this Agreement upon 30 days’ written notice and refund Customer any prepaid fees covering the remainder of the term of the terminated subscriptions.

Indemnification by Customer. Customer agrees to defend, indemnify and hold SKUBIQ harmless (including, without limitation, from all damages, liabilities, settlements, costs and reasonable attorneys’ fees) from and against any claims brought by a third party (a) claiming that any Customer Data or Customer’s use of Customer Data together with the Services infringes or misappropriates such third party’s intellectual property rights; or (b) relating to Customer’s use of the Services in an unlawful manner or in violation of the Agreement.

Mitigation and cooperation. The obligations under this Clause will apply only if the party requesting compensation (a) gives the indemnifying party prompt written notice of the claim or loss; (b) uses reasonable efforts to mitigate the loss; (c) permits the indemnifying party to control the defence and settlement of the claim; (d) reasonably cooperates with the indemnifying party in the defence and settlement of the claim; and (e) provides evidence of the loss or claim as reasonably requested by the indemnifying party.

 

Disclaimers

As is. While SKUBIQ will endeavour to provide the SKUBIQ services in accordance with these terms, the SKUBIQ services and the SKUBIQ website are provided on an “as is” and “as available” basis. SKUBIQ and SKUBIQ’s suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the SKUBIQ services, the SKUBIQ web site and any third party services. The use of the SKUBIQ services, SKUBIQ website, or third-party services is at your own risk.

Inventory Disclaimer. SKUBIQ is not the importer of records for Inventory stored at SKUBIQ. SKUBIQ shall not be held liable for complying with your instructions through the SKUBIQ Services. You understand that SKUBIQ does not inspect your Inventory nor does SKUBIQ take responsibility for the business decisions that you make and implement through the SKUBIQ Services. For example, SKUBIQ cannot control or ensure that a buyer or seller with whom you do business will remit payment for Inventory in accordance with your agreement with them. For purposes of clarity, SKUBIQ is not the Merchant of Record for any of your Inventory. SKUBIQ is not responsible for items damaged during the pick and pack process or for the breakage of items during transit that has been picked and packed by SKUBIQ.

No Continuous Access. SKUBIQ does not guarantee continuous, uninterrupted or secure access to the SKUBIQ Service. The operation of the SKUBIQ Services may be interfered with by numerous factors outside of our control. SKUBIQ will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but SKUBIQ makes no representations or warranties regarding the amount of time needed to complete processing because our Service is dependent upon many factors outside of our control, such as delays caused by third parties.

Limitation Of Liability

IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SUBSCRIPTION PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

NO LIABILITY FOR INDIRECT LOSS. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN UNAUTHORIZED TRANSACTION BY A SKUBIQ EMPLOYEE OR AGENT, SKUBIQ IS ONLY LIABLE FOR THE DAMAGES CAP. SKUBIQ MUST BE NOTIFIED WITHIN FIVE (5) DAYS AFTER ANY UNAUTHORIZED TRANSACTION OR YOU WAIVE ALL DAMAGES FROM SKUBIQ.

 

 

NO LIABILITY FOR THIRD PARTY ACTIONS. CUSTOMER AGREES THAT INVENTRAX CANNOT CONTROL AND IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES (OTHER USERS) WHO MAY USE ITS SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS CUSTOMER.

EXCLUSIONS TO LIMITATIONS. The limitations above shall not apply in the case of (a) death or personal injury caused by negligence; (b) fraudulent misrepresentation; or (c) any other liability which it is not lawful to exclude.

Inventory Count Inaccuracies.  In no event shall SKUBIQ be liable for any lost sales revenue from the inventory loss due to inventory count inaccuracies.

 

Termination And Closing Your Account.

Held Accounts. A held Account will be inaccessible to you, and all activity will be suspended. SKUBIQ reserves the right to place an Account on hold for number reasons,

including but not limited to the following

  • Insufficient funds or negative Balance.
  • Suspicious activity on or through the Account.
  • If anyone using your Account uses abusive language or otherwise threatens SKUBIQ or its staff.
  • To allow time to resolve or investigate a third-party complaint of a violation of these Terms.
  • To allow time for investigation or resolution of an unauthorized transaction, customer complaint, dispute, or accusation.
  • To allow time for SKUBIQ to comply with your extraordinary support requests.

Additional Actions. If you violate the Policies or these Terms, we may close, put on hold, or limit access to your Account or the SKUBIQ Services as set forth above. Without limiting any of remedies under law or equity, we may also take any actions we deem necessary or advisable, including, without limitation, any of the following actions:

  • Warn other users, law enforcement, or impacted third parties of your actions.
  • Update inaccurate information.
  • We may refuse to provide the SKUBIQ Services to you in the future.
  • If reasonably needed to protect against the risk of liability, we may take legal action against you.

Disputes

Please note, while disagreements sometimes arise, SKUBIQ wants to address any complaint with the SKUBIQ Service in a proactive manner. Please log a support case for resolution, you can send an e-mail to info@skubiq.com. For purposes of clarity, this does not waive the notice requirement set forth below.

Customer Care is Available. SKUBIQ offers support services to active Accounts in Good Standing. Support services are provided for informational purposes and are not a guarantee. SKUBIQ specifically disclaims any liability for opinions followed or not followed by merchants.

Governing Law and Venue

Any claim dispute or difference between the Parties shall be referred to the arbitration of a sole arbitrator to be jointly appointed by the parties The Parties hereto irrevocably submit to refer any dispute to arbitration under the Arbitration and Conciliation Act, 1996 by a single arbitrator to be appointed by mutual consent of both the Parties. The seat and venue of arbitration shall be in Hyderabad, Telangana. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the Parties. The Parties agree that all negotiations connected with the dispute shall be conducted in confidence and shall not be divulged to any unconnected third party.

Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms shall remain in effect and enforceable in accordance with their terms.

No Waiver. Failure or delay of SKUBIQ to exercise a right or power under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.

Notices to You. You agree that SKUBIQ may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to the email address listed in your Account. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. SKUBIQ reserves the right to terminate your Account if you withdraw your consent to receive electronic communications.

Notices to SKUBIQ. Except as otherwise stated, legal notices to SKUBIQ must be sent by postal mail to: Avya Inventrax Private Limited, Door no. 3-446, S Chandra Reddy Towers, Ayyappa Society, 100 Feet Rd, VIP Hills, Silicon Valley, Madhapur, Telangana, India-500081., and shall not be deemed to be received until received

Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without SKUBIQ’s prior written consent and any attempted assignment without that consent will be void. SKUBIQ reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms shall be binding on and inure to the benefit of the party’s successors and assigns.

Corrections. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Conflict of Terms. If there is a conflict between these Terms and the terms on any air waybill, bill of lading or other transit documentation set forth by the contracted carrier, the carrier’s terms will control. If not stated within the carrier’s terms, the Terms as stated herein shall control.

Entire Agreement and Modifications to Terms and Policies. These Terms and the Policies along with the Master Services agreement governs your use of the SKUBIQ Services and the SKUBIQ Website. SKUBIQ MAY MAKE CHANGES TO THESE TERMS AND/OR THE POLICIES FROM TIME TO TIME AT SKUBIQ’S SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SKUBIQ SERVICES OR THE SKUBIQ WEB SITE AFTER SKUBIQ POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS AND/OR POLICIES WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS AND POLICIES. SKUBIQ will endeavor to provide you with notice of any changes to these Terms or the Policies, but SKUBIQ’s failure to do so shall not excuse your obligation to comply with such modified Terms and Policies.

Attorneys’ Fees and Costs. SKUBIQ shall have the right to collect from you its reasonable costs and necessary disbursements and attorney’s fees incurred in enforcing these Terms.

Force Majeure. SKUBIQ shall not be liable for any delays or inability to perform the SKUBIQ Services caused by forces beyond SKUBIQ’s control including, without limitation, acts of God or acts of third-party service providers including but not limited to carriers and postage systems. When Inventory is ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, or any reason beyond SKUBIQ’s control, or because of loss or destruction of Inventory for which SKUBIQ is not liable, or because of any other excuse provided by law, SKUBIQ shall not be liable for failure to carry out such instructions and Inventory remaining in storage will continue to be subject to regular storage charges. If SKUBIQ has exercised reasonable care and is unable, due to causes beyond its control, to affect delivery before the expiration of the current storage period, the Inventory will be subject to storage charges for each succeeding storage period.

 

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3PL

The SKUBIQ is a cloud based Warehouse management system and is designed for third-party logistics companies to manage multiple customers, processes and billing schedules. The system enables access to real-time information and provides integrations with warehouse management technologies, including EDI, barcode scanning, and e-commerce shopping carts. The software scalability helps companies to manage different stock levels in warehouses, streamline business, and satisfy customers.

SKUBIQ is designed to help logistics companies automate processes and bill items accurately. The software provides features which allow the user to easily add and remove customers and products. The software is designed to help logistics providers satisfy customers’ need for updated information and increase profits through process automation.

The SKUBIQ can be integrated with any line of business application or ERP thereby allowing users to synchronize items, inventory, purchase orders, and receipts.

Manufacturing

The manufacturing is a highly regulated industry globally where attention to detail is critical to help ensure stringent requirements for product quality and deadlines are met. Its become imperative for organizations to achieve a lean environment in which they have visibility to and control over these details is where competitive advantage often resides. SKUBIQ partners with major manufacturing companies globally to improve efficiency and reduce costs, such as:

  1. Support of lean manufacturing initiatives by including inventory management capabilities within manufacturing
  2. Initiating supplier re-orders based on demand signals
  3. Compliance with industry requirements for quality, product tracking, safety, and recall management
  4. Integrated RFID, including asset tracking
  5. Quality assurance and inspection
  6. Managing a large product catalog / SKU proliferation
  7. Addressing Customer OEM parts packaging
  8. Core stratification and remanufacturing
  9. Wave planning and small order pick optimization to reduce picker travel
  10. Serialized inventory tracking
  11. EDI / ASN integration

Distribution Center

Distributors normally lack precise and seamless traceability, lot control, and recall management capabilities jeopardizing the inventory thereby putting their businesses at risk of compliance failures and legal liabilities. In addition, they are constantly challenged by the emerging consumer demands for omni-channel commerce, specialized products, and more convenient delivery options

SKUBIQ is trusted worldwide for supply chain management and visibility. But Why? Simply because our uniquely adaptable software solutions help companies like you stay on top of this fast-changing market.

SKUBIQ helps address the complete process of fulfilling complex, multi-temperature home delivery orders. SKUBIQ has the inbuilt flexibility in helping emerging online retailers and distributors a wide range of specialty products through traditional eCommerce fulfillment models.

As one of the market leaders in warehouse management (WMS) for cold-storage, third-party-logistics companies that play a critical role distribution, we bridge inventory and distribution between some of the world’s largest producers and their customers.

Fashion and Retail

The SKUBIQ is a cloud based Warehouse management system and is designed for third-party logistics companies to manage multiple customers, processes and billing schedules. The system enables access to real-time information and provides integrations with warehouse management technologies, including EDI, barcode scanning, and e-commerce shopping carts. The software scalability helps companies to manage different stock levels in warehouses, streamline business, and satisfy customers.

SKUBIQ is designed to help logistics companies automate processes and bill items accurately. The software provides features which allow the user to easily add and remove customers and products. The software is designed to help logistics providers satisfy customers’ need for updated information and increase profits through process automation.

The SKUBIQ can be integrated with any line of business application or ERP thereby allowing users to synchronize items, inventory, purchase orders, and receipts.

Fast-moving Consumer Goods

The manufacturing is a highly regulated industry globally where attention to detail is critical to help ensure stringent requirements for product quality and deadlines are met. Its become imperative for organizations to achieve a lean environment in which they have visibility to and control over these details is where competitive advantage often resides. SKUBIQ partners with major manufacturing companies globally to improve efficiency and reduce costs, such as:

  1. Support of lean manufacturing initiatives by including inventory management capabilities within manufacturing
  2. Initiating supplier re-orders based on demand signals
  3. Compliance with industry requirements for quality, product tracking, safety, and recall management
  4. Integrated RFID, including asset tracking
  5. Quality assurance and inspection
  6. Managing a large product catalog / SKU proliferation
  7. Addressing Customer OEM parts packaging
  8. Core stratification and remanufacturing
  9. Wave planning and small order pick optimization to reduce picker travel
  10. Serialized inventory tracking
  11. EDI / ASN integration

Automobile

Distributors normally lack precise and seamless traceability, lot control, and recall management capabilities jeopardizing the inventory thereby putting their businesses at risk of compliance failures and legal liabilities. In addition, they are constantly challenged by the emerging consumer demands for omni-channel commerce, specialized products, and more convenient delivery options

SKUBIQ is trusted worldwide for supply chain management and visibility. But Why? Simply because our uniquely adaptable software solutions help companies like you stay on top of this fast-changing market.

SKUBIQ helps address the complete process of fulfilling complex, multi-temperature home delivery orders. SKUBIQ has the inbuilt flexibility in helping emerging online retailers and distributors a wide range of specialty products through traditional eCommerce fulfillment models.

As one of the market leaders in warehouse management (WMS) for cold-storage, third-party-logistics companies that play a critical role distribution, we bridge inventory and distribution between some of the world’s largest producers and their customers.

Pharma & Surgical

The SKUBIQ WMS Software is a cloud-based Warehouse management system and is designed for third-party logistics companies to manage multiple customers, processes and billing schedules. The system enables access to real-time information and provides integrations with warehouse management technologies, including EDI, barcode scanning, and e-commerce shopping carts. The software scalability helps companies to manage different stock levels in warehouses, streamline business, and satisfy customers.

SKUBIQ WMS Software is designed to help logistics companies automate processes and bill items accurately. The software provides features which allow the user to easily add and remove customers and products. The software is designed to help logistics providers satisfy customers’ need for updated information and increase profits through process automation.

The SKUBIQ can be integrated with any line of business application or ERP thereby allowing users to synchronize items, inventory, purchase orders, and receipts.