Terms of Site Use (as of 9-01-2023)
Welcome to the eLink™ Gateway Internet Site ("Site"). You need to review these Site terms of use as they govern the use of and purchase of products from our Site. By searching, accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site at all.
eLink™ Gateway controls and operates this Site from the offices of its trusted third party partner within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of NC. If you do not agree, please refrain from using this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local, state, and federal laws.
SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned , controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Value Innovation Technologies (VIT) or its subsidiaries and affiliates of Value Innovation Technologies (VIT) or are the property of their respective owners (such as Sellers, Vendors and Partners of VIT), all of which, collectively, are herein referred to as the "Owners". The name Value Innovation Technologies (VIT) and the eLink™ Gateway logo are registered marks of Value Innovation Technologies, Inc.
Permission is granted to display, copy, distribute, download, or print in hard copy portions of this Site for the purposes of:
1.Placing an order with eLink™ Gateway or
2.Using this Site as a shopping resource, provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written consent of eLink™ Gateway or the applicable copyright owner.
Please note that the consent granted herein terminates automatically if you breach any of the Site terms and conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written consent of eLink™ Gateway, is strictly prohibited.
DISCLAIMER OF WARRANTY
ELINK™ GATEWAY IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH ELINK™ GATEWAY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ELINK™ GATEWAY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL ELINK™ GATEWAY AND IT'S "OWNERS" BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, CLAIMS RESULTING FROM USE OF PRODUCTS SOLD IN THIS SITE, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.IN AN EFFORT TO PROVIDE OUR CUSTOMERS WITH THE MOST CURRENT INFORMATION, ELINK™ GATEWAY WILL, FROM TIME TO TIME, MAKE CHANGES IN THE CONTENTS AND IN THE PRODUCTS OR SERVICES DESCRIBED ON THIS SITE.
ABOUT OUR PRICES
We are not responsible for typographical or photographic errors whatsoever.
POLICY REGARDING COUNTERFEIT PRODUCTS
The Sellers certify that they have the right to sell the products that they are selling in this site. They also certify that their products are authentic and do not infringe on the rights of others. Value Innovation Technologies, Corp. does not tolerate the sale and purchase of counterfeit products. Should you detect that a product purchased from this site or displayed in this site is a counterfeit, immediately send an email to elinkgateway@valueinnovationtech.com or call us at 888-689-6754 ext. 405 to report the incident. Give us your name and contact information, the order number, if applicable, along with the part number and the product description. Give us a brief explanation and proof, if any, of the claim that the product is a counterfeit. You will receive a response within 72 business hours. We will immediately remove the product from the shopping site until the issue is resolved with the Seller. We will do our best to resolve the issue between you and the Seller should your claim require the return of certain funds that were charged to you. We ask that you offer as much information as possible that could assist in the resolution of the counterfeit claim.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to eLink™ Gateway ("Transmissions") shall be and remain eLink™ Gateway's property.
All Transmissions will be treated as non-confidential and non-proprietary and eLink™ Gateway shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, eLink™ Gateway shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that eLink™ Gateway may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting and/or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make in this regard.
TERMS OF USE REVISIONS
eLink™ Gateway may revise these terms of use by updating this posting. You agree that in the unlikely event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you officially agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
ADDITIONAL TERMS OF USE FOR SELLER
A. If you are interested in being a Seller in our platform, please contact us at elinkgateway@valueinnovationtech.com or 888-689-6754 ext. 405 and we will disclose the application and vetting process required for the marketplace that you have an interest in.Typically there is an annual subscription cost and other customization costs that may apply, depending on the marketplace.
B. Seller is responsible for the accuracy of the content, to include pricing and images, published in the Marketplace and have the right to change such content, as may be needed from time to time. Seller will only publish products and services and related content that it has a legal right to sell and publish. Seller is further responsible for the merchantability and authenticity of its products and services including compliance to certain state and federal laws, as may apply.
C. The Seller certifies that their products are not counterfeit and that they are not selling “fake”, “dupes or duplicates, “knock-offs” or copies of an authentic product under that authentic product’s brand name. Should a counterfeit complaint be submitted to the Provider against a Seller, the Provider will immediately remove the product from the shopping site and will not publish the product until the claim has been resolved. We will work with the Seller and the Claimant to quickly resolve the issue. Any monies that may be owed to the Claimant as a result of the counterfeit product will be paid by the Seller.
D. Seller is prohibited from making any copies, archival or otherwise, of the Platform and Marketplace. Seller is prohibited from attempting to reverse engineer the Platform and Marketplace. Seller is further prohibited from using the Platform and Marketplace in any manner other than as described above.
E. Seller is the seller of record for all transactions (“Orders”). Orders are between the Seller and the buyer. Seller authorizes Provider as its agent to process and accept payments on Seller’s behalf. Most buyers pay by credit card and some buyers may be limited to paying for their purchases by issuing a purchase order and paying via a check or ACH. In such cases, the seller authorizes Provider to be set up in the buyer’s financial system as the vendor of record to facilitate this payment process.
F. Buyers will use the Platform and Marketplace to purchase products from the Seller. Provider will transmit the order to the Seller using agreed upon method, transmit an order acknowledgement to the buyer, and process and collect payment for the orders.
G. Seller is responsible for fulfilling the order as soon as possible and within 5 business days from order date. Seller will communicate directly with the buyer the status of the order including its delay and availability for pick-up, delivery or shipment. If a delay is not acceptable to the buyer, the Seller will notify Provider via email to cancel the unfulfilled portion of the order.
H. Seller is responsible for denoting the fulfillment of the order (the “Shipment”) in the Platform and Marketplace via agreed upon method. The date and method of fulfillment are required and should include carrier name and tracking number as may apply. Shipment(s) will trigger the actual charge or invoice to the buyer. Payment will include sales tax and other charges, as may apply to the order.
I. Provider will remit the collected amounts due to the Seller, via the agreed upon method. This remittance will occur weekly on Mondays for the funds transacted and collected the prior week (Saturday to Friday). The amount due is calculated as the gross sales including sales tax and other applicable charges less credit card fee charged by the Provider’s credit card processor less the agreed upon transaction fee charged by Provider less any chargeback as may result from a return and dispute.
J. Seller is responsible for quickly responding to any buyer dispute by providing written proof of order fulfillment to the Provider. Provider highly recommends that Seller keeps a record of proof of delivery, or proof of pick-up or proof of shipment using common carrier. Should the credit card processor find in favor of the buyer, they will process a chargeback for the dispute. Provider will reduce the weekly remittance to the Seller by the chargeback amount.
K. Seller will comply and support the Provider’s credit card processor’s requirements and recommended processes relating to best practices to mitigate and prevent fraud.
L. Seller is responsible for quickly responding to buyer’s request for order cancellation, refund, return and exchange. Seller is responsible for all non-cash refunds due to the buyer. Seller will send to the Provider using the agreed-upon method, the amount needed to handle cash refunds due to the buyer. Upon receipt of the cash refund from the Seller, the Provider will process the cash refunds to the buyer using the credit card originally used for the payment.
M. Seller is solely responsible for handling and processing all recalls.
N. Provider will calculate, charge and collect applicable sales tax and remit such tax to the Seller at the scheduled weekly remittance.
O. Seller is required to be registered with their state’s Dept of Revenue and to remit the collected applicable sales tax as required.
P. Seller is responsible for quickly responding to all buyer inquiries pertaining to product inquiry, availability, order status, returns, exchanges and general inquiry.
Q. Provider is responsible for quickly responding to all inquiries of a technical nature and issues relating to the buyer’s shopping experience in the Platform and Marketplace.