Terms
& Conditions

    Prep Byme LTD, a UK corporation with offices in Anglesey House, The Rear Building, Anglesey Rd, Burton-on-Trent DE14 3NT, ("Prep Byme"), provides labeling, preparing, and packaging Services (the "Services") to its customers per the terms of this Service Agreement). This Service Agreement (this "Agreement" or "Terms") is between you (you are from now on referred to as the "Company" or "You") and Prep Byme. You agree to be bound by the Agreement as of this Agreement's date (the "Effective Date").

      Prep Byme may periodically change or revise this Agreement at its discretion by providing ten (10) days prior Notice by posting a notice on this web page (https://www.prepbyme.com/fba-prep-terms-of-service/) or by notifying you via email. If any change or revision to this Agreement is unacceptable, your only remedy is to inform both info@prepbyme.com and your account manager at Prep Byme. Otherwise, you are bound by the revised Agreement. Your use of the Services after ten (10) days' Notice shall constitute full acceptance of the revised Agreement.

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Program Overview

The purpose of the Program is to understand all the benefits of our Prep Byme Ltd services.

All Rights Reserved. These Terms and Conditions may be updated from time to time as deemed appropriate by Prep and Store Center.

   1. Service Pricing Pay As You Go Plan

Pricing for our Pay As You Go Service is based on NO SUBSCRIPTION FEE as outlined on the website.

Subscriber prep fees are fixed at 0.70£ per unit + additional fees for pallets and use of our boxes.

Prep Byme will invoice the Customer for additional packing fees before shipping products. The Customer's credit card will be automatically charged for the supplementary costs before shipping. Our service prices are subject to change at any time.

   2. Monthly Plans and Pricing

Pricing for the Service is based on subscriber level, as outlined on the website. 

Subscriber will pay their first month of Service at the time of checkout. Each additional month of Service will be automatically charged to the subscriber's credit card provided by the subscriber on the day of sign-up. Monthly charges will occur based on the subscriber's day of sign-up. All subscriber levels are subjected to additional fees based on the subscriber's order size as provided by the subscriber. The subscriber will be automatically charged for all additional packing fees as determined by the subscriber level before shipping products. An invoice will be emailed to the subscriber on the day of charges. Prep and Store Center service prices are subject to change at any time.

 

A. Product Invoicing. Any fees due for the cost of the Product shall be paid directly by the end user to the Company. Under no circumstances shall Prep Byme accept, receive, or otherwise be held responsible for payments from an end user made in exchange for the Product.

B. Late Payment Fee. If Prep Byme fails to receive payment from the Company by the due date, a late payment fee of 5% (minimum of 10£) will be applied to the invoice unless the invoice is currently being disputed. In addition, the Company is responsible for all collection fees, including reasonable attorney's fees incurred by Prep Byme to receive payment. If the Company is late in any payments, Prep Byme may suspend the Services without Notice.

C. Options & Ways to Pay. Prep Byme provides the Company with the convenience of paying for their invoices online through the Company's Account using the following payment methods: Bank Transfer and ACH transfer (Free), Debit Card, or a wire transfer (Free ). Prep Byme is currently using one 3rd party payment processing Company, Wix Payments. Prep Byme does not store any payment information on its servers; all of the Company's payment information is stored with this Company. If the Prep Byme invoice remains unpaid for more than five days from the issue date, the Company agrees that Prep Byme shall have the right to auto-charge any payment method used in the past.‍

E. Failure to Pay. Suppose an amount owed to Prep Byme remains unpaid for 30 days. In that case, Prep Byme may, in its sole discretion, remove and charge to the Company any expense for such removal and/or sell the Company Goods and offset all amounts generated by such sale, which sales price will be determined by Prep Byme Fulfillment in it its sole discretion, against all amounts owed by Company to Prep Byme. 

F. Pricing Changes. The Company acknowledges that the Fees relating to the Services provided (i.e., labour, packaging, supply changes) may change from time to time due to circumstances independent from Prep Byme. Accordingly, prep Byme shall have the right to increase the price Fees for Services that Prep Byme provides to the Company. Prep Byme shall provide Notice of any fee changes and the Company notice of changes to the same. 

E. Pricing and Payment. Prep Byme pricing shown here (https://www.prepbyme.com/plans-pricing) offers all applicable costs, including storage costs. Pricing is subject to change within five days' written Notice to the Customer. Surcharges and other non-standard fees are subject to change anytime with a five-day notice to the Customer.

 

   3. Services

Prep Byme shall provide the following services to the Company ("Client" ):

· Receive shipments from the Company of Product

· Prepare the Product per the Company's specifications and/or Amazon's requirements

· Package and ship the Product to Amazon's various warehouses based on Amazon shipments created by either the Company or Prep Byme.

       In addition to the above-described Services, Prep Byme shall perform any additional services, including special projects, that the Company desires Prep Byme to serve, to be amended from time to time as agreed upon by the Parties.

A. Communications and Notifications. By executing this Agreement, the Company acknowledges and agrees to receive communications from Prep Byme, including but not limited to emails, and telephone calls at the telephone number you provide us (with such provision indicating consent for contact via any means, including by automated technology), direct messages, and/or push notifications.

B. No Guarantee of Services. Although Prep Byme makes reasonable efforts to provide proper care and skill in delivering its services, Prep Byme does not guarantee, warrant, or covenant that any Company Goods will be recovered, corrupted, or damaged in the shipping and/or return process. 

C. Access to Company Goods.   You expressly consent and agree that Prep Byme has the right without limitation to use, access, store and/or disclose Information related to Company or Company Goods to proper law enforcement authorities, government entities and/or officials, and/or appropriate third parties that Prep Byme believes, in its sole discretion, is necessary to

1) comply with the law or a legal process or request;

2) prevent, detect, or identify fraud or technical issues;

3) enforce the terms of this Agreement including any necessary investigation thereof; and

4) protect the rights of Prep Byme, its users, third Party (ies), or the public.

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   4. WAREHOUSE AND INVENTORY MANAGEMENT

A. Mandatory Advance Shipment Notice. The Company shall provide 48 hours advance shipment notice ("Inbound") of any items being sent to Prep Byme via Prep Byme App("PBApp"). Instructions on how to use the PBApp are provided upon the Company's acceptance of Prep Byme Services. The Inbound shall include an itemized list of each stock-keeping unit ("SKU"). When Prep Byme receives goods for which an Inbound has yet to be provided in advance following this Agreement, Prep Byme may, at its sole and reasonable discretion, quarantine the entire shipment of such goods until the Company provides the correct Inbound. 

B. Receiving. Prep Byme shall be open for receipt of Products from 10:00 AM to 5:00 PM (local warehouse time) each Business Day. Upon arriving at the Prep Byme warehouse, all goods will be moved to the receiving inspection area to be checked for compliance with Requirements for Inbound products, as specified below. The Company shall use reasonable efforts to ensure that items delivered to Prep Byme comply with the below Requirements for Inbound Products. Prep Byme shall compare the pallet/boxes and case quantities listed on the incoming paperwork to the actual goods physically received by Prep Byme, but will not verify the amounts inside the individual cases delivered. The Company will be notified of discrepancies between the Inbound and the physical receipt using WEBAPP. Any exterior physical damage noted upon receipt will also be reported to the Company, using images and will be uploaded to the WEBAPP.

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The delivery address for the Warehouse is listed below. The company is required to schedule an appointment for all carriers and truckload carriers at least 24 hours in advance. Prep Byme is not liable for any fees associated with refused shipments if an appointment isn't made correctly. Inbounds should be addressed to:

Anglesey House, 

The Rear Building, 

Anglesey Rd, 

Burton-on-Trent

 DE14 3NT

C. Inventory. Prep Byme reserves the right to only audit Inventory once FBA shipments are sent out unless Company agrees to pay for such an audit. As described in the receiving processes above, the Products are not counted by individual pieces upon arrival (unless otherwise specified). Prep Byme shall not be responsible for any variance in the total volume of any Product held in Inventory unless such variance exceeds 10% of the total volume of such Product (per sellable-SKU) against the last total Product volume amount communicated to the Company via the PBApp online portal.

 

   5. CLIENT RIGHTS AND OBLIGATIONS

A. Condition of Company Goods Upon Delivery to Prep Byme. All goods/products tendered for storage shall be delivered at the Prep Byme warehouse ("Warehouse") segregated, adequately marked, and packaged for handling. The company shall submit an Inbound to Prep Byme in a manner.

B. Title to Goods and Security Lien. All of the Company Goods in possession of Prep Byme will be and remain the property of the Company; however, Prep Byme shall have a priority security interest in all Products in Inventory ("Inventory") and on the proceeds thereof to secure the payment of all Fees, Interest, and third-party fees arising under this Agreement as well as any reasonable expenses incurred by Prep Byme for the preservation of the Inventory or its removal or sale. In connection in addition that, Company at this moment (a) grants Prep Byme a priority security interest in all Inventory and the proceeds from any sale thereof to secure the payment of the Fees, Interest, third-party fees, and expenses, and (b) consents to and grants to Prep Byme the right to deliver and file any documentation required under applicable laws and regulations to perfect such security interest.

C. Payment Obligations. During the Term of this Agreement and any Renewal Term, the Company shall pay Prep Byme for all Services due here according to the terms contained here. Any Fees, Interest, third-party fees, or expenses not paid for hereunder shall constitute a material breach of this Agreement. Accordingly, they shall be subject to Section 6, subparagraph B below. To the extent the Company disputes its payment obligations, the Company must provide Prep Byme notice of said dispute, in writing, within thirty (30) days of the issuance of an invoice as discussed, supra or such dispute is forever waived, and the Company owns the invoice.

D. Insurance. The Company retains sole responsibility for all costs, insurance, and risks relating to the product's shipping to and from the Warehouse. The company acknowledges and agrees to maintain an insurance policy that covers the total value of the Company Goods held in Prep Byme inventory and/or warehouses. In addition, the company may elect to add the Warehouse as a designated storage location to the Company's general inventory policy. Suppose the Company foregoes ensuring Company Goods are shipped to Prep Byme for the services provided hereunder. In that case, the Company acknowledges and agrees that Prep Byme shall under no circumstances be liable for any loss or damage to the Inventory stored at Prep Byme facilities. These events include but are not limited to, theft, misuse, fire, flooding, natural disaster, negligence of Prep Byme, or any other occasion.

E. Risk of Loss. As a result, the Company agrees that at no time during the period that Prep Byme holds Products as Inventory in the Warehouse will Prep Byme carry the risk of loss in the Inventory. The risk of Loss in Inventory will continue to be held by the Company until the Products are delivered to the Company's end user.

F. No Insurance. The company can choose not to insure its Inventory. In this event, Prep Byme will not be liable for any loss or damage to the Inventory stored at Prep Byme facilities. These events include, but are not limited to, theft, misuse, fire, natural disaster, or any other occasion.

‍G. Abandoned Account and Liquidation. If the Company's Fees remain unpaid for a period greater than 30 days, then Prep Byme reserves the right, at its sole discretion, to reclassify the Company's Account as an "Abandoned Account." Additionally, any Account that remains unpaid for more than 60 days will automatically be deemed an Abandoned Account. Upon an Account becoming an Abandoned Account, the Company immediately forfeits its rights of ownership of such Company's Inventory up to the cumulative amount necessary for the payment of all Fees as well as any reasonable expenses incurred by Prep Byme for the preservation and storage of the Inventory or its sale. Accordingly, inventory will become immediately unavailable to the Company, and liquidation proceedings will begin. Company agrees that all Inventory liquidated shall be sold at the absolute discretion of Prep Byme and would be free and clear of liability and that the Company assumes any liability. The company has no rights to any liquidation proceeds arising from an Abandoned Account unless the amounts recovered through liquidation exceed the cumulative amount necessary for payment as stated above. Should the 5quantities recovered through liquidation be insufficient to cover the 5255incremental charges 588above, the Company would remain liable for any pending Fees above and beyond the liquidation proceeds.

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   6. REPRESENTATIONS AND WARRANTIES

A. Prep Byme Representations and Warranties. Prep Byme now represents and warrants to the Company that:

1. It is duly organized, validly existing, and in good standing in the jurisdiction of its formation;

2. It is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required for purposes of this Agreement;

3. It has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted under this Agreement, and to perform its obligations under this Agreement;

4. The execution of this Agreement by its 5representative, whose signature is set forth at the end hereof, has been duly authorised by all necessary action of Prep Byme;

5. When executed and delivered by each of Prep Byme and Company, this Agreement will constitute the legal, valid, and binding obligation of Prep Byme, enforceable against Prep Byme following its terms; and

6. To the best of Prep Byme's knowledge, the execution, delivery, and performance of this Agreement by Prep Byme will not violate, conflict with, require consent under, or result in any breach or default under (i) any of Prep Byme organisational documents; or (ii) any applicable law.

B. Company's Representations and Warranties. Company now represents and warrants to Simply Fulfillment that:

1. It is duly organised, validly existing, and in good standing in the jurisdiction of its formation;

 2. It is duly qualified to do business and is in good standing in every jurisdiction in which such qualification is required for purposes of this Agreement;

3. It has the full right, power, and authority to enter into this Agreement, to grant the rights and licenses granted under this Agreement, and to perform its obligations under this Agreement, including legal title to all the goods and/or Products to be shipped to Prep Byme for the Services hereunder;

4. The execution of this Agreement by its representative, whose signature is set forth at the end hereof, has been duly authorised by all necessary action of the Company;

5. When executed and delivered by each of Prep Byme and Company, this Agreement will constitute the legal, valid, and binding obligation of Company, enforceable against Company following its terms; and

6. To the best of Company's knowledge, it is in material compliance with all laws applicable to this Agreement, the Products, and the operation of its business.

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   7. CONFIDENTIALITY. 

"Confidential Information" concerning a party hereto shall mean all technical, business, and financial Information, including, where appropriate and without limitation, all Information, data, patent disclosures, patent applications, know-how, structures, models, techniques, processes, and methods, compositions, compounds, apparatus, customer names, customer information and products relating to the same disclosed by a party hereto (the "Disclosing Party") to the other Party hereto (the "Receiving Party") or obtained by the Receiving Party through observation or examination of Information, but only to the extent that such information is maintained as confidential by the Disclosing Party and is marked or otherwise identified as confidential when disclosed to the Receiving Party or, in the case of Information given verbally, is recognised as confidential in a written document sent to the Receiving Party within thirty (30) days of such verbal disclosure to the Receiving Party.

Prep Byme may disclose certain Confidential Information, including but not limited to its published pricing information, workflow methods, and processes, to Company, and Company may disclose certain Confidential Information to Prep Byme, each on the terms and conditions of this Agreement. 

The Receiving Party now acknowledges that the Disclosing Party is the owner or licensee of the Confidential Information. The Receiving Party shall not use or disclose any of the Disclosing Party's Confidential Information at any time except for the sole purpose of performing its obligations under this Agreement. The Receiving Party shall not disclose any of the Confidential Information other than on a need-to-know basis, as reasonably necessary for performing its duties hereunder, to its directors, officers, employees, attorneys, accountants, bankers, financial advisors, or consultants who are bound by written agreements no less restrictive than outlined in this Section 6 with the Receiving Party to maintain the Confidential Information in confidence or who are otherwise under obligations of confidentiality to the Receiving Party (collectively, the "Representatives").

Prep Byme shall not disclose, other than to its Representatives on a need-to-know basis or as otherwise permitted under this Agreement, the fact that discussions or negotiations are taking place concerning a possible transaction, including any customer service or pricing offer, or any of the terms, conditions or other facts concerning this Agreement (including the status thereof), except as required by applicable law or regulation. Neither Party shall use the other Party's trade names, trademarks or other marks in any advertising, promotions or publicity without the prior written consent of the other Party.

All the Information provided by the Company regarding his products will not be disclosed to other clients.

The confidentiality obligations for Confidential Information under this Section 6 shall remain in effect during this Agreement and for three (3) years after termination of this Agreement.

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   8. LIMITATION OF LIABILITY. 

Prep Byme shall not, in any event, be liable for any damage, theft or other loss to the Company Goods, materials, or other property in the possession or control of Prep Byme except to the extent that such damage, theft, or loss results from (a) Prep Byme failure to take commercially reasonable steps to prevent any such damage, theft or loss or (b) the negligence or the intentional wrongful acts or omissions of Prep Byme.

EXCEPT FOR LIABILITY FOR INDEMNIFICATION AND LIABILITY FOR BREACH OF CONFIDENTIALITY, NEITHER PREP BYME NOR ITS REPRESENTATIVES ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR DAMAGES FOR LOSS, LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY COMPANY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY PREP BYME/ OR COULD HAVE BEEN REASONABLY FORESEEN BY PREP BYME, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OTHER THAN AS SET FORTH BELOW, IN NO EVENT SHALL PREP BYME LIABILITY UNDER THIS AGREEMENT EXCEED THE MONIES PAID OR PAYABLE BY COMPANY TO PREP BYME, EXCLUDING CARRIER FEES OR OTHER THIRD-PARTY FEES ("DAMAGES CAP"). PREP BYME MUST BE NOTIFIED WITHIN FIVE (5) DAYS AFTER ANY UNAUTHORISED TRANSACTION OR COMPANY WAIVE ALL DAMAGES FROM PREP BYME.

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   9. INDEMNIFICATION.

 CLIENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS PREP BYME FULFILLMENT, ITS OFFICERS, DIRECTORS, AND EMPLOYEES AGAINST ALL THIRD-PARTY DAMAGES, LIABILITIES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND DEFENSE COSTS, TO THE EXTENT (A) CAUSED BY CLIENT'S NEGLIGENT ACTS IN CONNECTION WITH THE SERVICES AND THE ACTS OF ITS CONTRACTORS, SUBCONTRACTORS OR EMPLOYEES OR ANYONE FOR WHOM CLIENT IS LEGALLY LIABLE AND (B) ARISING FROM THE BREACH BY CLIENT OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. PREP BYME FULFILLMENT AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD HARMLESS THE CLIENT, ITS OFFICERS, DIRECTORS, AND EMPLOYEES AGAINST ALL THIRD-PARTY DAMAGES, LIABILITIES, OR COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND DEFENSE COSTS, TO THE EXTENT (A) CAUSED BY PREP BYME FULFILLMENT'S NEGLIGENT ACTS IN CONNECTION WITH THE SERVICES AND THE ACTS OF ITS CONTRACTORS, SUBCONTRACTORS OR EMPLOYEES OR ANYONE FOR WHOM THE PREP BYME FULFILLMENT IS LEGALLY LIABLE AND (B) ARISING FROM THE BREACH BY PREP BYME FULFILLMENT OF ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT.

The indemnified Party shall

1. Promptly notify the indemnifying Party in writing of any claim (failure to provide such prompt Notice shall only affect the rights of an indemnified party to the extent that such loss has a prejudicial effect on the defences or other rights available to the indemnifying Party);

2. Allow the indemnifying Party to have sole control of the defence and all related settlement negotiations (the indemnified Party may retain independent counsel at its own expense); and

3. Provide the indemnifying Party with the Information, authority, and assistance necessary to perform the indemnifying Party's obligations under this.

 

   10. GENERAL PROVISIONS.

A. Assignability of Agreement. Company may not assign this Agreement or any rights hereunder without the express written consent of Prep Byme Assignment. Notwithstanding the preceding, Company may give or transfer all of its rights and obligations under this Agreement with Prep Byme's permission to (a) such Party's Affiliate or (b) any successor entity under a merger, acquisition, spin-off or other corporate reorganisation, a change of control, or the sale of all or substantially all of its assets.

 

 B. Force Majeure. If the performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either Party's reasonable control ("Force Majeure"), and if the Party is unable to carry out its obligations gives the other party prompt written Notice of such event, then the duties of the Party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, pandemic, fire, explosion, vandalism, earthquake, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labour disputes, or supplier failures. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of nonperformance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within a party's reasonable control if committed, omitted, or caused by such Party or its employees, officers, agents, or affiliates.

 

 C. Entire Agreement. This Agreement contains the entire Agreement of the Parties, and there are no other promises or conditions in any additional agreement, whether oral or written, concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

 

 D. Severability. If any provision of this Agreement will be held invalid or unenforceable for any reason, the remaining provisions will remain valid and enforceable. For example, suppose a court finds that any provision of this Agreement is invalid or unenforceable but that limiting such provision would become valid and enforceable. In that case, such provision will be deemed written, construed, and enforced as defined.

 

 E. Amendment. This Agreement may be modified or amended in writing if the writing is signed by the Party obligated under the amendment.

 

 F. Governing Law. This Agreement shall be construed following the laws of the United Kingdom, without regard to any conflict of law principles.

 

 G. Notice. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address outlined in the opening paragraph or to such other address as one Party may have furnished to the other in writing.

 

 H. Waiver of Contractual Right. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

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I. Counterparts and Electronic Contracting. This Agreement may be executed in counterparts, and if so directed, each such companion shall have the force and effect of an original for all purposes. 

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J. Attorneys' Fees and Costs. In the event of a legal dispute, the prevailing Party shall have the right to collect from the non-prevailing Party any reasonable costs and/or attorneys' fees incurred in enforcing this Agreement.

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K. Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") must be in writing and addressed to the other Party at its address designated from time to time. Unless otherwise agreed herein, all Notices to Company must be delivered by email listed in the Account, personal delivery, nationally recognised overnight courier, or certified or registered mail to the address listed in the Account. Except as otherwise provided in this Agreement, a Notice is adequate only (a) on receipt by the receiving Party and (b) if the Party giving the Notice has complied with the requirements of this Section. Notwithstanding the preceding, legal notices to Prep Byme must be sent by postal mail to: Prep Byme LTD Attention: Legal, Anglesey House, The Rear Building, Anglesey Rd, Burton-on-Trent DE14 3NT

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L. Third-Party Software. Any third-party software application Company that Prep Byme uses to perform or related to the Services ("Third Party Software") is solely subject to any third-party software provider software licenses. Prep Byme does not own, control or have any responsibility or liability for any Third-Party Software.

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 M. Prep and Shipping Times. Orders will be shipped at the following times:

• Orders with less than 500 units will go out within 1-2 business days.

• Orders with less than 2000 units will go out within 2-3  business days.

• Orders larger than 2000 units will go out case-by-case, and your account manager can assist with a timeline for these.

• Prep Byme makes no guarantee of fulfilment speeds

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N. As-Is. Prep Byme obligations under this Agreement and the attached Exhibits (including the use of Prep Byme technology) are provided on an "as is' and "as available" basis. Prep Byme expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement for the services, Prep Byme website, and any third-party services. Using services, Prep Byme website or third-party services is at Company's risk.

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P. No Continuous Access. Prep Byme does not guarantee continuous, uninterrupted or secure access to the Service. Operation of the Services may be interfered with by numerous factors outside of Prep Byme's control. However, Prep Byme will make reasonable efforts to promptly process requests for receiving or shipping merchandise. However, Prep Byme makes no representations or warranties regarding the amount of time needed to complete processing because the Service depends on many factors outside its control.