Terms of Use

What are your terms of use?

ShippingEasy is cloud-based shipping software that enables online retailers to easily download orders from multiple stores and ship applying the least inexpensive postage rates available in the process.

1. Your agreement to these Terms

By using this Website or the Services you agree to these Terms. If you don’t agree, you must not use the Website or the Services. Your continued use confirms your agreement to be bound by these Terms.

If you are ordering shipping or signing up for a ShippingEasy account, you will be asked to confirm your agreement to these Terms when placing your order by checking the box that says you agree.

These Terms form a legally binding contract between you and us in relation to your use of the Website and our Services, so it’s important that you take the time to read them carefully.

We may change these Terms at any time by publishing a new version on the Website, which will change the Terms on which we offer the use of the Website and our Services from the date of change, so please check back.

2. The Website

This Website and ShippingEasy’s Services are provided by ShippingEasy.

Copyright in the material on the Website and in the software that provides the Services is owned by ShippingEasy Group, Inc. and licensed to us.

We and ShippingEasy Group, Inc. reserve all our intellectual property rights, including without limitation copyright, trademarks (whether registered or unregistered) in the Website and the material and software on it, and the design, layout, look and appearance of the Website. Nothing in these Terms creates a transfer of any intellectual property rights to you.

The material and software on the Website may be used as a selling management resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance of the content or software on this Website is strictly prohibited.

3. Registration for an Account

To become a ShippingEasy account holder, you must register and obtain a username and password. You will be able to save your personal information and shipping preferences.

You must update the personal and payment information you have provided us if it changes. You consent to us contacting you from time to time to ensure your personal and payment information is current.

You must protect your account information, including your login ID and password. All activity on the Website that occurs under your login ID is your responsibility and we may treat it as having been done by you. You must notify us immediately if there is any unauthorized use of your login ID.

4. Use of our Website

This Website and our Services are available for use by anyone who has agreed to these Terms.

Unless your access is revoked by us in writing, we grant you a non-exclusive licence to access and use the Website in the ordinary course of browsing the Website and ordering our Services (including any reasonable incidental printing of information that occurs as part of that use) and in accordance with these Terms.

The Website is provided to you on an “as is”, “as available” basis, without any express or implied warranty by us.

We cannot and do not warrant or represent that:

(a) the Website or the servers that make the Website available over the Internet are secure and free from errors or omissions, technical inaccuracies, errors, programming bugs, viruses, harmful content or components, interference (including malfunction of equipment or software, Internet access difficulties, or delay or failure of transmission) or duplicate data;

(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or

(c) the Website or our Services will operate on a continuous and uninterrupted basis. However, the Website may be unavailable from time to time (including for maintenance purposes) and we may change our available Services now and then.

The availability of content on the Website is also subject to the limitations of the Internet including re-buffering, loss of connection and dropouts.

While care has been taken when compiling the Website, it may use information from a range of sources, including third party advertisements.  We can’t screen all of this material before it appears on the Website and are not responsible for and do not necessarily endorse its content.

5. Links to Third Party sites

The ShippingEasy and affiliate web sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of ShippingEasy and ShippingEasy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

6. API Terms

You may access your ShippingEasy account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses ShippingEasy, is bound by these Terms plus the following specific terms:

1) we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ShippingEasy has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API;

2) abuse or excessively frequent requests to ShippingEasy via the API may result in the temporary or permanent suspension of your account’s access to the API. We will, in our sole discretion, determine abuse or excessive usage of the API and we will make a reasonable attempt via email to warn you (or that account holder if that is not you) prior to suspension.

3) we reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

7. Delivery terms

In return for a fee and subject to these Terms, we agree to place your shipping order with the partner you select.

No specific route is agreed and we reserve the right to have the shipment routed in any way that we or our partners think is appropriate. Subject to any agreement with you to the contrary when booking, we or our partners may decide on the manner of transportation.

When you use one of our carrier partner accounts, we have contractual obligations to our partners, who carry your goods at our request and you acknowledge and agree that:

(a) our partners have the right to open, inspect and assess your package before and after collection;

(b) some of our partners require, and we reserve the right, to round up weights to the nearest whole pound; and

(c) we cannot arrange for the transport of certain items and may have to refuse our Services in these circumstances.

8. Payments and security

Prices are set and changed by us without notice to you by publishing them on the Website.

By providing your credit card details and agreeing to these Terms you authorize us to charge your credit card with any amounts due to us under these Terms.  Without limiting this, if you incorrectly describe the dimensions and/or weight of your package, we may charge you any additional amounts we incur from partners as a result, plus a $10 administration fee.

We will use reasonable efforts to keep any payment information we have about you secure and ensure that our employees or agents who have access to this information do not make any unauthorized use, modification, reproduction or disclosure of it. We may engage a third party to provide a secure payment transaction facility that allows you to pay online and, in this case, we will not receive your payment information.

9. Taxes and duties

Fuel surcharges and applicable taxes are included in the quoted price for applicable services.

Where the prevailing rate of applicable tax changes, the new rate will be applied to the prices and the applicable tax inclusive price for the service will be adjusted to account for the new rate of applicable tax. We will issue a tax invoice to the payer for any supplies made by us to which an applicable tax applies.

You are responsible for payment of all other taxes, duties, storage changes and penalties in addition to our fee. Unless otherwise stated, the fees for our services exclude import and export duties, customs excise and levies, clearance and storage charges and similar amounts. You indemnify us and keep us indemnified from and against having to bear these amounts.

You may be billed directly by a third party, a Government or our partners for applicable import and export taxes and payment of these is your responsibility.

10. Refunds

Subject to our legal obligations to you as a consumer, no money will be refunded unless we (in our sole discretion) decide we will do so and inform you in writing.

11. Warranties

You represent and warrant to us that:

(a)  you are over 18 and otherwise have the legal capacity to be bound by these Terms;

(b) you own the package or have the authority to send it, and no third party will have a right to claim against us or our partners for dealing with it;

(c) any information you give to us (including over the Website) or our partners or complete in shipping documentation (including customs declarations and declared-value information) is complete, truthful, accurate and up to date;

(d) without limiting (c), you will accurately declare the dimensions and weight of your package when booking;

(e) the transportation of your package complies with all laws in your country of origin and any other country where pick-up, stop-over or drop-off occurs;

(f) you hold the appropriate licences, consents and approvals to send your package; and

(g) your package contains no weapons, ammunition, explosives, living or infectious biological matter, human remains, pornography, illegal drugs, currency, precious metals and stones, dangerous goods, hazardous goods, prohibited goods or goods restricted by the International Air Transport Association or International Civil Aviation Organization or similar items.

12. Materials Provided to ShippingEasy or Posted at Any ShippingEasy Affiliated Site

ShippingEasy and its affiliates do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any ShippingEasy or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein.

We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

13. Software Available on the ShippingEasy or Affiliated Web Site

Software that is made available to download from the ShippingEasy Web Sites, (“Software”) is the copyrighted work of ShippingEasy Group Inc. (who licence us to use it) and/or our suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).
You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, ShippingEasy hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular ShippingEasy Web Site in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices.
All Software is owned by ShippingEasy Group Inc. (who licence us to use it) and/or our suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.

 

14. Your indemnity

You indemnify and agree to keep indemnified us and our officers, employees, agents, related companies and affiliates from and against any costs (including reasonable administration fees for our internal costs), expenses, damages, liability, loss (whether direct, indirect or consequential) incurred by those persons or third party claims (including legal fees and other costs incurred on an indemnity basis) against those persons for or arising out of or in any way connected to:

(a) taxes, import and export duties, customs excise and levies, clearance and storage charges and similar amounts incurred in relation to your shipment;

(b) the costs of any changes to your delivery that we or our partners are asked by you or are obliged by law to undertake after your initial order;

(c) any liability we incur from or additional fees payable to our partners in relation to your shipment, other than due to our own malicious acts or negligence, for example (without limitation) because:

1.    you described your package incorrectly (e.g. it weighed more or was bigger);
2.    you did not provide the required shipment documentation or complete it correctly;
3.    you did not have the appropriate authorizations to send the package;
4.    your package has to be returned to the sender; and/or
5.    our partners had to undertake ancillary services over and above the delivery, for example (without limitation) customs clearance and assistance with preparing or amending paperwork.

(d) your unauthorized use of the Website or our Services;

(e) any unlawful acts you perpetuate through the Website including fines and penalties;

(f) your breach of these Terms; and/or

(g) any malicious or negligent acts or omissions by you or your employees, agents, representatives or contractors.

15.  Insurance

You are responsible for any loss or damage to your package unless expressly stated in these Terms or required by law.

You must decide whether to take out greater insurance for your package independently as it is otherwise carried by our partners at your risk.

16.  Limitation of our liability

We exclude all representations, guarantees, warranties or terms other than any expressly described in these Terms.

We will not be liable to you for loss or damage arising out of circumstances beyond our control including Acts of God (including without limitation, earthquakes, cyclones, storm, flood, fire) accidents (including without limitation plane crashes or boats sinking) or similar events.

We are not liable for, and you release us from, any liability to you whether arising in breach of contract, negligence or any other cause for:

(a) errors or omissions in the Website or linked sites;

(b) loss or damage to your package (see Insurance above)

(c) delays to, interruptions of or cessation of the Services, whether provided in the Website or otherwise;

(d)  unauthorized or illegal conduct of any other user of the Website or of our Services;

(e) any delay in the collection or delivery of your package; and/or

(f)  any consequential loss and (to the extent not already covered by that phrase) loss of data, interruption of business, loss of profits and loss of opportunities in connection with your use (or inability to use) the Website or the Services, irrespective of whether it was brought to our attention when ordering shipment.

Without limiting any other of these Terms, we will not be liable for packages containing dangerous goods, packages exceeding 70lbs, with a value in excess of $50,000, containing jewelry worth more than $500, coins, currency, postage stamps, negotiable instruments, money orders, live animals, perishable commodities or any item prohibited for export by law in the place of pick-up or prohibited for delivery to the place of delivery.

This all said, these Terms are to be read subject to any legislation which prohibits or restricts the exclusion of certain warranties, guarantees or other obligations. If that legislation applies, to the maximum extent possible, we limit our liability in respect of any claim to:

(a) a refund of the price paid by you for the relevant services; or

(b) the supply of the relevant services again.

In no circumstances will we be liable to you for the acts or omissions of our partners for an amount that we cannot recover from that partner. Our right to recover loss differs between our partners. To be fair, if we receive an amount from our partners that is higher than our liability to you under these Terms, we will, in our reasonable discretion, pass that amount on to you less any reasonable loss or expenses we have incurred.

Without limiting any other of these Terms, if we are liable to you for any reason, our liability for each shipment is capped at the amount paid for the relevant shipment and the greater of $100 per shipment or any amount we receive from our partner in relation to the claim.

You should note that, in some circumstances, the liability of our partners is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999) and the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions.

17.  Time period for claims

Any claims against us, whether in contract, tort (including negligence), for wilful acts or omission by us or our partners or otherwise, must be made within 28 days.

We will not be liable for any claim unless legal proceedings are commenced within 24 weeks of notification of the claim under the preceding paragraph.

To be valid, any claim must be in writing with the following information:

(a) in the subject line of email: “Damaged item claim”;

(b) description of the item and packaging together with a description of the nature of the damage (with a photo if practicable);

(c) an invoice showing the value of the shipment;

(d) your tracking number; and

(e) your full name and address.
 

18.  Privacy

We (or people authorized by us) may gather and process information:

(a) which you provide when accessing the Website or using our Services, such as your name, address, email address and other information that can be connected with your identity; and

(b) regarding the way in which you use the Website (including, without limitation, information acquired through the use of “cookies” programmed during the accessing of the Website) or our Services.

Please see our Privacy Policy for further information.

19.  Restrictions on use

Except as permitted under applicable laws, your use (or attempt to use) of the Website or our Services for a purpose other than that expressly permitted in these Terms is prohibited unless you have our prior written consent.

Without limiting this, this prohibition includes:

(a) reproduction, distribution and/or re-transmission of Website material in any material form and by any medium of communication (other than reasonable incidental printing of information that occurs as part of use of the Website in a normal manner);

(b) uploading and/or reposting Website material to any other site on the world wide web;

(c) “framing” the material on the Website with other material on any other website;

(d) mirroring the Website, data or content from the Website, or results pages on any other website or medium;

(e) facilitating or participating in any illegal activity via the Website;

(f) uploading or otherwise transmitting any computer worms, viruses or similar through or on the Website;

(g) damaging, modifying, interfering with, disrupting or destroying any files, data, passwords, devices or resources that belong to us;

(h) using the log-on ID or password of another user or otherwise attempting to access or use their account without authorisation from that user or us;

(i) data mining or sending automated queries of any kind to the Website without our prior written permission;

(j) harvesting or otherwise collecting information about others (including email addresses and phone numbers) without their consent, other than to contact them about their classifieds in the ordinary course of using the Website;

(k) holding yourself out as another person or business on the Website;

(l) any use in violation of any law, statute, ordinance or regulation;

(m) any use relating to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i),certain weapons or knives regulated under applicable law;

(n) any use relating to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services

(o) any use that involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law and/or

(l)  engaging in any other activity that we (in our absolute discretion) think is inappropriate.

20.  Refusal of use

We want everybody to have use of the Website and our Services.

Hopefully we won’t have to, but if we think should, we reserve the right to decline Services, decline to register you as an account holder, terminate your registration and/or restrict your access to the Website (including via any other aliases you use) or your use of our Services at any time at our complete discretion without prior consultation or notice.  Without limiting this, we consider the following as grounds for refusal of use:

(a) if a serious complaint or multiple complaints are received about you from our partners; or

 

(b) you breach these Terms.

 

If you have paid us for Services and we choose to refuse to provide them, we will (of course!) refund you payment for those Services as long as you are not also liable to us for a breach of these Terms or for something else.

21.  Disputes

If a dispute arises between us in relation to these Terms or any other matter related to the Website or our Services, before commencing legal proceedings (other than in urgent circumstances where an injunction is sought) the aggrieved party must notify the other in writing and we must both attempt to resolve the dispute informally and expeditiously.

22.  Governing law

Our Website and the Services under these Terms are provided by ShippingEasy’s offices in the State of Texas. The Services can be accessed from any of the 50 states in the United States and from other countries of the world.

No matter where you are located, these Terms will be governed by and interpreted in accordance with the law of the State of Texas (or U.S. Federal law, if applicable). International users access the Website on this basis. You and we submit to the exclusive jurisdiction of the courts of Texas and courts able to hear appeals from them to determine any dispute arising out of or in relation to these Terms.

23.  General

These Terms (together with any policies we publish) constitute the entire agreement between you and us and supersede all prior understandings or agreements, written or oral, about your use of the Website and our services.

You may not assign your rights or obligations under these Terms to third parties.

If any part of these Terms is unenforceable the remainder will not be affected.

A waiver of any of these Terms will only be effective if it is in writing and signed by us.

24.  Definitions

Just so we’re clear, in these Terms:

a) GST has the meaning given to it in A New Tax System (Goods and Services Tax) Act 1999 (Cth) of Australia;

b) Services means the services provided on the Website and the services provided using our technology;

c) ShippingEasy, we, us and our means:

a.    If you are located in Australia, ShippingEasy Pty Limited ACN 147 962 561; or
b.    If you are located anywhere else in the world, including without limitation in the United States, ShippingEasy, Inc., a Delaware corporation;

d) Terms means these Terms of Use as amended from time to time;

e) Website means the website located at www.shippingeasy.com;

f) writing includes by email from an authorized officer; and

g) you means to the person using the Website (and, when that person is doing so as a representative of another person or entity with their implied or express authority, includes that person or entity too).

Contact

If you have any questions or comments about these Terms, please contact us

These Terms were last updated on 24 September 2012.

© ShippingEasy, Inc.