ShippEx TERMS AND CONDITIONS OF SERVICE
ShippEx TERMS AND CONDITIONS OF SERVICE
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF SHIPPEX.NET, INCLUDING YOUR USE OF THE SERVICES AND CONTENT. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
ShippEx MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF SHIPPEX.NET WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT SHIPPEX.NET GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH SHIPPEX.NET.
Section 1. Definitions
Content: information, graphics, products, features, functionality, services, and links on shippex.net.
Shippex: Shippex, LLC., its parent and its parent’s affiliate and subsidiary companies, any of which may exercise the rights and privileges afforded ShippEx under this agreement, but Shippex, LLC. is the sole obligor under these Terms of Use.
Services: any and all services accessible at shippex.net or via mobile app, including, but not limited to, shipping through third party carriers, such as FedEx, USPS, UPS, DHL, etc.
You: Yourself and the entity that you represent.
Section 2. Use of Shippex.net
Shippex.net is provided solely for the use of current and potential ShippEx customers to interact with ShippEx and may not be used by any other person or entity, or for any other purpose. Specifically, all shipping, tracking, rating, receiving ShippEx invoices and remitting payment using electronic funds transfer ("EFT"), drop-off location, identifying and preparing
international documents, estimating duties and taxes, and other information and services may only be used by current and potential ShippEx customers for their own shipments. Use of shippex.net to provide information to or prepare shipments by or for the benefit of third-party shippers is expressly prohibited.
The use of non-authorized scripting technologies to obtain information from shippex.net or submit information through shippex.net is strictly prohibited.
Shippex.net does not accept ideas, concepts, or techniques for new services or products through shippex.net. If such information is received, it will not be considered confidential and ShippEx will be deemed free to use, communicate and exploit such information in any manner it chooses.
Section 3. Shippex.net Login Registration
You may choose to register on shippex.net to access interactive features on shippex.net. Your shippex.net Login provides you with access to the Services, if you have been authorized to access such Services. The availability of these Services varies by country. In the future, shippex.net may add other features that may be accessed through shippex.net Login. In such event, previously registered users will not be required to re-register.
Certain Services may require additional enrollments or agreements and may be subject to additional terms and conditions.
By registering on shippex.net, you agree to provide accurate and current information about yourself as prompted by the shippex.net Login Registration pages and maintain and promptly update your online profile information to keep it accurate and current.
When you register using shippex.net Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. You agree to (a) immediately notify ShippEx of any unauthorized use of your user ID and password, and (b) ensure that you exit from your shippex.net session at the end of each visit.
Section 4. Changes to shippex.net
Shippex.net and its Content, may be changed, deleted or updated at any time without notice. Section 5. Termination of Use
ShippEx may discontinue, suspend or modify shippex.net at any time without notice, and ShippEx may block, terminate or suspend Your and any user’s access to shippex.net at any time without notice for any reason in its sole discretion, even if access continues to be allowed to others. The provisions of Section 7, 8, 9, 10, 13, 14 and 15 shall survive any termination of this Agreement.
Section 6. Ownership
Shippex.net and its Content are protected by United States and international copyright, trademark and other laws. © Shippex. All rights reserved. Specifically, ShippEx does not convey to anyone, through allowing access to shippex.net, any ownership rights in shippex.net or in any Content appearing on or made available through shippex.net. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of shippex.net or its Content.
Section 7. Disclaimer of Warranty
SHIPPEX.NET AND ITS CONTENT AND SERVICES ARE PROVIDED "AS IS". ShippEx AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE SHIPPEX.NET AND ITS CONTENT OR ANY OF SHIPPEX’S SERVICES.
ShippEx EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING SHIPPEX.NET AND ITS CONTENT, SHIPPEX’S SERVICES AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ShippEx DOES NOT WARRANT THAT SHIPPEX.NET OR ANY OF ITS CONTENT OR ANY ShippEx SERVICES WILL MEET ALL OF YOUR OR YOUR CUSTOMERS’ REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SHIPPEX.NET OR ANY OF ITS CONTENT OR ANY ShippEx SERVICES WILL BE CORRECTED. FURTHERMORE, ShippEx DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR OR YOUR CUSTOMERS’ USE OF SHIPPEX.NET OR ANY OF ITS CONTENT OR ANY ShippEx SERVICES IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY ShippEx OR AN AUTHORIZED REPRESENTATIVE OF ShippEx SHALL CREATE A WARRANTY.
Section 8. Limitation of Liability
YOUR USE OF SHIPPEX.NET AND ITS CONTENT AND SHIPPEX’S SERVICES IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ShippEx BE LIABLE TO YOU OR TO ANY PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES IN TORT, CONTRACT, PRODUCT LIABILITY OR UNDER ANY OTHER THEORY OF LAW RESULTING FROM THE ACCESS TO OR USE OF INSIGHT INFORMATION OR THE INTERNET, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE; INSIGHT INFORMATION OR THE INTERNET, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, DATA, OR BUSINESS, AND DAMAGE TO YOUR INTERNAL COMPUTER SYSTEMS EVEN IF SHIPPEX, OR AN AUTHORIZED REPRESENTATIVE OF SHIPPEX, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Shippex, will not be liable for your acts or omissions, including but not limited to, incorrect completion or updating of any enrollment or profile form, failure to implement adequate internal security measures to safeguard your login id or password code, or Services or Content provided to or accessed by you (or portions thereof) and its confidentiality or for the acts or omissions of the recipient or anyone else with an interest in shippex.net or its Content or any of Shippex’s Services. Also, Shippex, will not be liable if You violate any of the terms of this Agreement. Shippex, will not be liable for loss, damages or delay caused by events Shippex, cannot control, including but not limited to, acts of God, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority. You agree to immediately notify Shippex, of any known or suspected unauthorized use of your logon ID, password code or any other confidential information relating to ShippEx or any known or suspected breach of security, including loss, theft, or damage to your shipments.
Section 9. Indemnity
You shall bear the risk of loss or damage resulting from your use of Shippex.net or its Content or any of the Services. You agree to defend, indemnify and hold harmless ShippEx and its respective officers, directors, employees, agents and representatives from any and all claims, demands, damages (including incidental and consequential damages), liabilities, costs, expenses, suits and judgments, including the payment of legal fees arising out of or relating to any of the following:
• Your breach of any of these terms and conditions,
• Your activities conducted in connection with shippex.net, its Content or any of the Services
• Your failure to abide by any applicable laws or regulations regarding shippex.net, its Content or any of the Services
• Shippex’s provision of data and information to you (including, without limitation, any errors in the information or any unavailable or incomplete information)
• Authorized or unauthorized uses of shippex.net, its Content or any of the Services any manner by you or on your behalf, directly or indirectly, including, without limitation, claims relating to reroutes or thefts of shipments, claims of breach of privacy.
Your failure to implement adequate internal security measures to safeguard your login ID, password code or any other data or information provided by ShippEx (or any portion thereof) and its confidentiality.
Section 10. ShippEx Service Guide
The terms and conditions for using Shippex’s delivery and related services are contained in the most current version of the ShippEx Service Guide, which is available at shippex.net. The most current version of the ShippEx Service Guide will control in the event of any conflict between any ShippEx delivery or related service information on shippex.net and the delivery or related service information contained in the most current version of the ShippEx Service Guide.
For each shipment you make or request using ShippEx products or delivery services, you agree that the terms, conditions and limitations set forth in the "Terms and Conditions" of the ShippEx Service Guide applicable to the shipment, are applicable to such shipment, except as otherwise provided for in a written agreement between you and Shippex. All shipments and claims are subject to the terms, conditions and limitations of the contract of carriage, including the "Terms and Conditions" in the ShippEx Service Guide applicable to the shipment, which may be amended from time to time by ShippEx without notice.
Section 11. Links to other web sites
There are links on the shippex.net site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Shippex. ShippEx makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
ShippEx has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
Section 12. Privacy Policy
The ShippEx Privacy Notice governs the use of information acquired from you through shippex.net.
Section 13. Export
You assume all responsibility for compliance with all laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations (“EAR”), International Traffic in Arms Regulations, and economic sanctions programs maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and those of any other country from which you may access shippex.net regarding access, use, export, re-export and import of any Content appearing on or available through shippex.net.
You represent and warrant that (i) you will not export or import any Content or use any Content for transactions involving any country to which export or import is restricted under United States law or any jurisdiction subject to Embargoed Country (which, for the purposes of these terms, means a country or territory in respect to which the U.S. has issued an embargo from time to time, at present Cuba, Iran, North Korea, Syria, or the Crimea region); (ii) you are not a person identified on U.S. or other applicable government restricted party lists with whom transactions are prohibited, including but not limited to OFAC’s Specially Designated Nationals (“SDN”) List or the EAR’s Entity List or Denied Persons List (collectively, “Restricted Parties”), or any person acting on behalf of such party.
Section 14. Controlling Law and Severability
These Terms of Use and your use of shippex.net or its Content or any of the Services is governed by and construed in accordance with the laws of the United States and the State of Florida, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to shippex.net or its Content or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Dade County, Florida.
Section 15. Terms of Carriage
(i) Customer agrees that domestic and international carriage by ShippEx of any shipments tendered to ShippEx using SHIP MANAGER shall be in accordance with the terms, conditions
and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Ground Manifest (collectively "Shipping Documentation"), any applicable transportation agreement between Customer and ShippEx covering such shipment, and in any applicable ShippEx tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into these Terms of Use by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or these Terms of Use, then the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or these Terms of Use will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the ShippEx subsidiary, affiliate, branch, or independent contractor who originally accepts the shipment. Your use of Global Trade Manager shall not alter your responsibility for the preparation and accuracy of shipping documentation including import/export forms.
(ii) In the event Customer uses SHIP MANAGER to process shipments tendered to ShippEx for delivery to locations outside the United States or country of shipment origin, Customer will, at Customer’s sole expense, assure that the terms and conditions of international carriage supplied by ShippEx from time to time (and which may be amended or modified from time to time at Shippex’s sole discretion) are placed on the Shipping Documentation as may be instructed by Shippex, for all such international shipments. Customer will defend, indemnify and hold harmless Shippex, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer’s failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer’s failure to follow Shippex’s instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(iii) Printed Signature. Customer acknowledges that if SHIP MANAGER is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to ShippEx using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer’s signature, and Customer’s acceptance of Shippex’s terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by Shippex, or its independent contractor.
(iv) Unless otherwise indicated, the shipper’s address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient’s address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is ShippEx LLC., 8441 NW 68th St., Miami, FL 33166.
Section 16. Assignment and Non-Waiver
You may not assign your rights or delegate Your duties under these Terms of Use. Failure or delay by ShippEx to exercise any right, remedy, power or privilege hereunder, shall not constitute a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. A written waiver of a default shall not operate as a waiver of any other default or of the same type of default on a future occasion.
Section 17. Announcements and Email Communications
Neither ShippEx nor you shall make any press release or announcement containing the other’s name without the prior written approval of the other party and then only after the other party has reviewed and approved the specific text of the press release or announcement. You agree that ShippEx may use the email address(es) that you provide when enrolling on shippex.net, as updated, to communicate with you regarding Shippex.net, its Content and the Services.
Section 18. Complete Agreement and Modification
These Terms of Use shall constitute the complete agreement of the parties with respect to the subject matter and supersedes any and all prior or contemporaneous discussions, statements, understandings, representations or agreements, written or oral, regarding the subject matter. No amendment to or modification of this Agreement will be binding on ShippEx without
Shippex’s written consent.
Section 19. ShippEx Shipping Alert
ShippEx provides you with the opportunity, via your ACCOUNT, to use ShippEx Shipping Alert to send a shipment notification message to the recipient informing him/her of your shipment. This feature is provided free of charge. ShippEx may modify or terminate the use of ShippEx Shipping Alert at any time.
ShippEx does not commit to keeping Your message private or confidential. By using ShippEx Shipping Alert you acknowledge that ShippEx is providing the technical functionality only, and that you are solely responsible for the content of your messages. ShippEx undertakes no duty
to monitor any messages sent by you. However, Shippex, in its sole discretion, may elect, but is not obligated, to look at your messages to protect itself.
Do not use ShippEx Shipping Alert for anything other than to communicate information about your shipment. You may not use ShippEx Shipping Alert to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If ShippEx sees or hears about messages sent via ShippEx Shipping Alert that violate these provisions, or that may damage Shippex, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
Section 20. Courtesy Rate Quote
The courtesy rate reflected by the “Calculator” estimator on shippex.net, if shown, may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable ShippEx Calculator estimator for details on how shipping charges are calculated.
Due to customs procedures and restrictions, there may be a delay, and a custom tax fee of up to 35% based on your merchandise.
Section 21. ShippEx Tracking Signature Proof of Delivery
In addition to the shippex.net Terms of Use, the following terms and conditions govern your access and use of Signature Proof of Delivery. By accessing and using Signature Proof of Delivery, you acknowledge and agree that you are the shipper, the recipient, or third party payor, or are authorized to act on behalf of the shipper, recipient, or third party payor to retrieve the signature image for the shipment you are attempting to track. You warrant and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, that you will not use the signature image for any purpose other than to confirm the delivery of such shipment. You further acknowledge and agree, on behalf of yourself and all persons on whose behalf you are acting in accessing and using Signature Proof of Delivery, (i) to defend (at ShippEx option), indemnify, and hold harmless Shippex, its parent and its parent company’s subsidiary companies (collectively "Shippex" for purposes of this paragraph) from and against any and all claims of whatever nature arising from your access and use of Signature Proof of Delivery, and the receipt, use and emailing of any signature retrieved; (ii) that Signature Proof of Delivery is provided "AS IS" and you assume all risk of accessing and using Signature Proof of Delivery; (iii) that ShippEx DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF WHATEVER NATURE, INCLUDING THE IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO SIGNATURE PROOF OF DELIVERY; (iv) you will only email Signature Proof of Delivery to the shipper, recipient or third party payor of the shipment you are attempting to retrieve; (v) that under no circumstances shall ShippEx be liable for any money or other damages resulting from the access and use of Signature Proof of Delivery and that ShippEx hereby disclaims liability for any such damage; and, (vi) that your actions and shipments are further governed by, and you will comply with, the terms and conditions in the applicable ShippEx Service Guide or transportation agreement.
Section 22. ShippEx Tracking Updates
In addition to the shippex.net Terms of Use, the following additional terms and conditions govern the access and use of this tracking update subscription application to allow automatic tracking information updates ("Tracking Updates"). ShippEx authorizes you to access Tracking Updates for a shipment for which You are the shipper, recipient or third-party payor and you agree to only acces Tracking Updates for a shipment for which You are the shipper, recipient, or third-party payor subject to these Terms and Conditions. You acknowledge and agree that Tracking Updates are the private property of Shippex, are provided to you free of charge and that any use of Tracking Updates information is at your sole risk. Tracking Updates are provided "AS IS" and ShippEx disclaims all Warranties or Conditions, Express or Implied.
Section 23. ShippEx Account Member
If you are a ShippEx Account Member, you are subject to the ShippEx Account Member Privacy Notice. In the event of a conflict between the ShippEx Account Member Privacy Notice and ShippEx Terms and Conditions, the ShippEx Terms of Use governs how we collect and use personal data of ShippEx Account Members.
In order to facilitate delivery or release of a shipment, ShippEx may, at its sole discretion, offer certain delivery options and functionality to Recipients through Shippex.net or an Authorized Agent. As a condition for approval to register for and use Shippex.net, Recipient agrees to these terms:
I. Recipient represents and warrants that Recipient: resides at the address provided for enrollment; is authorized to enroll and receive shipments at the address; will only register for himself/herself; will only register nicknames that are associated with Recipient’s name and identity; is 18 years of age or older.
II. For each shipment, Recipient represents and warrants that Recipient is authorized by the Shipper to use or request the ShippEx Account Member options and functionality.
III. Recipient agrees to pay any fees associated with ShippEx Account Member options that are offered by ShippEx for a fee. See Rates on the “Calculator” estimator located on Shippex.net for details.
IV. The contract of carriage governed by the ShippEx Terms and Conditions or the ShippEx Standard of Carriage or ShippEx Delivery Contract shall at all times remain with the Shipper, as that term is defined in the ShippEx contract, and nothing in these ShippEx Account Member Terms shall be construed to create a contract of carriage with the Recipient. ShippEx Account Member options and functionality, including those offered for a fee to the Recipient, are governed solely by the terms in this ShippEx Account Member section of the shippex.net Terms of Use.
V. In no event shall Shippex, including, without limitation, agents, contractors, employees and affiliates, be liable for any damages, including but not limited to special, incidental or consequential damages, including, without limitation, loss of profits or income, whether or not ShippEx had knowledge that such damages might be incurred, from honoring, or our failure to honor, any request for delivery instructions, preferences, delivery suspension, routing instruction or other delivery request from the Recipient. Notwithstanding, a refund of the ShippEx delivery fee as outlined below is the exclusive remedy in the event of Shippex’s failure to honor the Recipient’s request for ShippEx Account Member options.
VI. Insurance. We offer Insurance for ShippEx delivery options that are offered for a fee. Your package is automatically covered for up to $100.00 at no charge. Additional coverage may be purchased and is highly recommended. This insurance can be suspended, mod