Terms of service
OVERVIEW
Welcome to e-MarketBay (www.e-marketbay.com)! The terms "we", "us" and "our" refer to e-MarketBay. e-MarketBay operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").
E-MarketBay is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy
(https://e-marketbay.com/policies/privacy-policy). If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is correct, current and complete, and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the device you use to access the store and its settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store. All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 ORDERS
When you place an order, you are making an offer to purchase. e-MarketBay reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until e-MarketBay confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as e-MarketBay may be unable to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the e-mail, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://e-marketbay.com/policies/refund-policy).
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges, which are the responsibility of the customer and will be disclosed prior to checkout where applicable.
Prices posted in our online store may differ from prices offered in physical stores or in online or other stores operated by third parties. We may, from time to time, offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, payment details and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method for the purchase; (iii) charges incurred by you will be honored by your payment provider; and (iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and all applicable taxes.
SECTION 5 SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we transfer products to the carrier, title and risk of loss passes to you, except where mandatory consumer protection law provides otherwise.
SECTION 6 EU/EEA AND UK CONSUMERS: RIGHT OF WITHDRAWAL
If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, you have the right to withdraw from your purchase within fourteen (14) calendar days from the day you (or a third party you designate, other than the carrier) take physical possession of the goods, without giving any reason.
To exercise this right, you must inform us of your decision to withdraw by a clear statement (for example, an e-mail sent to contact@e-marketbay.com) before the withdrawal period expires. You may, but are not required to, use the model withdrawal form published by the European Commission.
If you withdraw from your purchase, we will reimburse all payments received from you, including standard delivery costs, without undue delay and in any event within fourteen (14) days from the day we receive the returned goods (or evidence that you have sent them back), using the same payment method used for the original transaction, unless we expressly agree otherwise.
You must send the goods back without undue delay and in any event within fourteen (14) days of communicating your withdrawal. You will bear the direct cost of returning the goods, unless our Refund Policy (https://e-marketbay.com/policies/refund-policy) states otherwise. You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish their nature, characteristics and proper functioning.
The right of withdrawal does not apply to, among other things: goods made to your specifications or clearly personalized; goods liable to deteriorate or expire rapidly; sealed goods that are not suitable for return for health or hygiene reasons once unsealed after delivery; and digital content not supplied on a tangible medium where performance has begun with your prior express consent and acknowledgment that you thereby lose your right of withdrawal.
This section supplements, and does not replace, our Refund Policy and does not affect any other mandatory consumer rights available to you under the law of your country of residence.
SECTION 7 INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by e-MarketBay, its affiliates or licensors and are protected by applicable patent, copyright, trademark and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of e-MarketBay, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by e-MarketBay.
e-MarketBay's names, logos, product and service names, designs, and slogans are trademarks of e-MarketBay or its affiliates or licensors. You must not use such trademarks without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 8 OPTIONAL TOOLS
You may be given access to tools provided by third parties as part of the Services, which we neither monitor nor control.
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 arising from or relating to your use of optional third-party tools.
Your use of any optional tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third party.
We may, in the future, offer new features through the Services, including new tools and resources. Such new features will also be deemed part of the Services and subject to these Terms of Service.
SECTION 9 THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated by third parties, including embedded third-party functionality. We do not examine or evaluate the content or accuracy of any third-party materials or websites, and accessing them from our Services is at your own risk.
We are not liable for any harm or damages related to your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please review the third party's policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 10 RELATIONSHIP WITH SHOPIFY
e-MarketBay is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with e-MarketBay. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and e-MarketBay, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with e-MarketBay.
SECTION 11 PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available at https://e-marketbay.com/policies/privacy-policy, and certain personal information may also be subject to Shopify's Privacy Policy, available at https://www.shopify.com/legal/privacy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than your country of residence, in order to provide services to you. If you are located in the European Union, the European Economic Area, or the United Kingdom, you may have additional rights over your personal data under the General Data Protection Regulation (GDPR) or UK GDPR. Please review our Privacy Policy for details on how we, Shopify, and our partners use your personal information and on how to exercise your rights.
SECTION 12 FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. We may use this license to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that: (i) you own or have all rights necessary to submit the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential, (2) pay compensation for it, or (3) respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other proprietary rights, and will not contain unlawful, abusive or obscene content or any computer virus or other malware. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no liability for any Feedback posted by you or any third party.
SECTION 13 ERRORS, INACCURACIES AND OMISSIONS
Occasionally, the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update or cancel orders if any information is found to be inaccurate, at any time and without prior notice, including after an order has been submitted.
SECTION 14 PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or procure the sending of any advertising or promotional material without our consent, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that, in our determination, may harm e-MarketBay, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorization; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping or data-extraction tool, automated device or process, or AI agent (including agentic AI) to access the Services without authorization; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated these Terms.
SECTION 15 AGENTS
15.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity, and that can be executed on behalf of or using a person's device, without direct supervision.
15.2 No Agent may access, use, or interact with the Services unless it identifies itself and operates at all times in strict accordance with the requirements in Section 15.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that it refrain from doing so.
15.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
15.4 Agents must: (i) in all HTTP/HTTPS requests, identify themselves as an Agent and disclose the Agent's name by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use, or interaction originates from an Agent, including by mimicking human behavior or completing or circumventing CAPTCHAs or similar measures; (iii) respond truthfully to any question or prompt seeking to determine whether an interaction originates from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 16 TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion and at any time, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 17 DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone informed of their contents.
EXCEPT AS EXPRESSLY STATED BY E-MARKETBAY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND NOTHING IN THIS SECTION AFFECTS ANY STATUTORY RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING THE MANDATORY CONSUMER PROTECTIONS AVAILABLE TO EU, EEA AND UK CONSUMERS.
SECTION 18 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL E-MARKETBAY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SECTION 19 INDEMNIFICATION
You agree to indemnify, defend and hold harmless e-MarketBay, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party arising out of: (1) your breach of these Terms of Service or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 20 SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 WAIVER ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect of the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 22 ASSIGNMENT
You may not delegate, transfer or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 23 GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any separate agreements under which we provide you the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles. You and e-MarketBay consent to the exclusive jurisdiction and venue of the federal and state courts located in Wyoming for any dispute not otherwise resolved.
If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, this choice of law does not deprive you of the protection afforded by any mandatory provisions of the law of your country of habitual residence that cannot be derogated from by agreement, and nothing in these Terms limits any right you may have to bring proceedings before the courts of your own country of residence.
The European Commission provides an online dispute resolution (ODR) platform for consumers residing in the EU, available at https://ec.europa.eu/consumers/odr. We are not obligated to participate in ODR proceedings; this reference is provided for information purposes only.
SECTION 24 HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 25 CHANGES TO 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, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes are posted constitutes your acceptance of those changes.
SECTION 26 CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at
contact@e-marketbay.com.
Our contact information is as follows:
Name: E-MARKETBAY LLC
Email: contact@e-marketbay.com
Business Address: 30 N Gould St, Ste R, Sheridan, WY 82801, United States
Business Phone Number: +1 302-551-3716
Business Registration Number: 2026-002015431