Last Modified: November 16, 2020
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to PackageX, Inc.. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at email@example.com.
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time. If the changes materially impacts the Terms, we will use reasonable efforts to bring it to your attention by placing a notice on the PackageX website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
This is our agreement. By accepting these terms you are entering into a contract. PackageX. PackageX will be bound by the terms outlined below, and so will you.
If you are located in the European Union, our Data Processing Addendum, available at https://www.packagex.io/shipd/data-processing-addendum/ is part of this contract. The Data Processing Addendum defines our specific legal obligations under the data protection laws of the European Union and your agreement with respect to the terms governing the processing of your personal data.
AGREEMENT BETWEEN CUSTOMER AND PACKAGEX, INC.
We can provide our services only if you are over sixteen (16) years old and agree to use our shipping, labeling and other services for legitimate purposes.
By using our services you agree that you:
- Will only use the Shipd App to make legitimate purchases of courier services for legal shipping of products and documents on your own behalf or for another person for whom you are legally authorized to act (a "Third Party"); and
- Will be bound by these Terms, which we may update and amend from time to time.
If you do not agree to the Terms, you can not use or purchase any third-party courier services through the PackageX website.
If you have any concerns after you set up your account, you can contact our customer support to cancel your account at any time.
What We Do; Our Services
We provide the Shipd application by PackageX ("Shipd App") to assist you, our customers, in comparing, selecting, and purchasing third party courier services and postage, compiling and reviewing your shipping history, and resolving any questions via our customer support services. We will call these our "Services". We provide the Services for the legal shipping of products and documents nationally and internationally or otherwise transacting business with courier services, and for no other purposes.
When we refer to "we," "us," "our" and "PackageX," we refer to PackageX Inc., a Delaware Corporation, and its subsidiaries and corporate affiliates. The term "you" refers to the customer visiting the Website and/or purchasing third-party courier services through us on this Website, or through our partners and customer service agents.
PackageX is an Intermediary
PackageX serves only as an intermediary between you and couriers like the United States Postal Service ("USPS"). We only provide you with a platform to order their postage, shipping products and services. We do not provide the courier services ourselves. We do not transport, ship, deliver, or otherwise provide any service beyond simply reselling postage, labels and the Services we list on the Website.
When we display service options on our Shipd App offered by couriers like the United State Postal Service, this does not mean that we recommend, approve or sponsor that courier or that courier’s service options. We also cannot guarantee the quality of those services. Your interaction with any courier accessed through the Shipd App is at your own risk.
You agree that PackageX has no control over the couriers listed on the Shipd App, and is not responsible for the accuracy, timeliness, or thoroughness of information on the Shipd App related in any way to couriers or their Services. You acknowledge that PackageX will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such courier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the courier.
It is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any courier you select for shipping. You are responsible for ensuring that your purchases abide by the terms and conditions of purchase imposed by any courier you select to perform shipping services, including terms and conditions of purchase set forth in a courier's terms, conditions, and rules. For instance, if a courier doesn’t permit the shipment of hazardous liquids, it is your responsibility to comply with those rules.
Access from Third Party Sites
Availability of Service
We will try to keep the Shipd App available at all times. However, there may be times when we have to maintain, update or improve the Shipd App or temporarily suspend the availability of the Services for other reasons. We do not guarantee the availability of the Shipd App or Services at any time, and will not be liable for any suspension or discontinuance of the Services.
Personal Conduct & Customer Support
We May Contact You
You agree that we may communicate with you by email, text messaging, phone, mail, or otherwise; usually our communication will relate to Shipd App and Service updates, promotions, administrative, security and other issues relating to PackageX Services, including invitations to participate in promotional activities, newsletters and other communications. Receiving these communications is a condition of your use of PackageX and/or Shipd App, though we may offer you the opportunity to opt out of some of them. You may also block all communication from us by contacting our customer support team and asking to cancel your Shipd App account.
Legal Use of Shipd App
By accessing or using Shipd App or the Services, you agree that you will comply with all applicable laws and regulations, including U.S. import, export and re-export control laws and regulations, controlled substance laws and hazardous materials laws, regulations and private courier rules. PackageX reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Payments and Additional Charges
You agree to pay PackageX all charges applicable for the Services at the time such Services are ordered by you on the Website. You are responsible for ensuring that PackageX has up-to-date information (including, among other things, valid credit card numbers and contact information) and you are responsible for entry of information regarding the Services you order. Should any amounts due for Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, you agree to pay, in addition to the principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and PackageX and PackageX's reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses. PackageX reserves the right to verify your credit before you purchase Services at any time. All transactions originating from your account are your responsibility. In addition, if any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, PackageX may charge the underlying payment and any incidental charges (as described above) against any other form of payment you have ever added to your PackageX account.
You are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, (c) local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of Services performed by a carrier on your behalf and are charged to PackageX by a carrier, you agree that PackageX may charge any additional amounts due on the credit card or bank account used when such Services were purchased or, in the event that you paid for the Services in another manner, you agree to reimburse PackageX fully for such charges within seven (7) days of our demand. PackageX is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number or manner of Service.
Any claim for unused or misprinted postage or fee refund must be submitted directly to PackageX within twenty (20) days of date of purchase. Postage handled and/or returned to sender will not be considered valid unused and/or misprinted postage. If determined valid, at PackageX’s sole discretion, PackageX will credit an active customer's account an amount equal to what was paid for the Services. In addition, you agree to assign to PackageX any and all rights to file any such claims with or against any carrier with respect to Services ordered or paid for on the Website.
You may maintain a pre-funded account balance with PackageX (if this option is made available to you) and view that balance, your transaction, shipping label and postage activity, refunds, adjustments and other transactions within your account, online at any time. PackageX does not share that account activity with the couriers or third parties, though the couriers may keep track of the shipping information that you provide for postage/courier labels.
If you fund and maintain a positive balance in your account with PackageX, PackageX will keep track of that balance but will not segregate those funds into separate bank accounts and will not pay interest on those accounts. If you request a refund of any positive account balances, PackageX will work to promptly and expeditiously honor such refund requests, subject to the payment/refund procedures of your bank/payment provider.
If we don’t hear from you for a while and we cannot get in touch with you, we may consider your account abandoned. We will wait as long as we can to maintain your account and reach out to you at the contact information you’ve provided. But PackageX (and its partners or successors in interest) may refer abandoned account balances to the State Treasurer or applicable office in whichever state or jurisdiction we are in at that time in accordance with applicable regulations.
Change in Billing, Prices, Promotions and Policies
PackageX may change billing procedures, prices, promotions and/or policies at any time without advance notice. All such changes will be made available through Shipd App, and emailed to existing active account holders and customers. Continued use of the Shipd App and/or service constitutes their affirmation that they have read and understood such notices and agree to the terms contained therein.
Collection; Use of Your Data
PackageX does not knowingly collect or solicit any information from anyone under the age of sixteen (16) or knowingly allow such persons to register accounts for PackageX Services. The Services are not meant for children/minors under the age of sixteen (16). In the event that we learn that we have collected personal information from anyone under the age of sixteen (16) without parental consent, we will delete that information and terminate the applicable account. If you believe that we have collected any information from anyone under the age of sixteen (16), please contact us as listed on https://www.packagex.io/shipd/contact/.
You may terminate your account with PackageX at any time by contacting our customer support.
PackageX may terminate your access to and use of the Shipd App for any or no reason at any time. In addition, PackageX may suspend or terminate your account for misconduct such as abusive behavior toward our customer support personnel or using the Services for illegal purposes. Upon such termination, you agree to immediately pay PackageX any unpaid amounts related to Services ordered. Any accrued rights, remedies, obligations or liabilities will not be affected including, but not limited to, PackageX's right to claim damages in respect of any breach of these Terms or PackageX's right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.
When your account is terminated, we may retain your information as required by applicable regulations and PackageX's records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions, and for the detection and prevention of fraud.
Our Proprietary Rights
Our Shipd App, PackageX Website and the software used in connection with the PackageX Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy or create any derivative work from any text or images on our Website. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, rent, sell, assign, sublicense, or otherwise transfer or attempt to transfer any rights in the software. You may not modify the software in any manner or form or use modified versions of the software. You may not access the Shipd App, PackageX Website or any of our data by any means other than through interfaces we provide.
You also acknowledge that PackageX, the PackageX logos, and the look and feel of our Shipd App, and the order and choices in the Shipd App menus are all the property of PackageX and its affiliates and subject to trademark and copyright protection. You agree that you will not use or copy any of our trademarks, trade names, logos or the style, look and feel of our Website without our written permission.
You agree that the Shipd App, in whole or in part, will not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose not expressly permitted by PackageX. Any use of Shipd App, data, materials, content, or information; any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.
Disclaimer of Warranties
PackageX offers the Shipd App and Services on an "as is" basis. That means we make no promises and no representations or warranties of any kind to you. This includes, but is not limited to, the availability or operation of the Website, or the content, data, information, or Services on this Website. There are no implied warranties of merchantability, title, non-infringement, fitness for a particular purpose, security and accuracy, or any other warranties that might arise from the course of dealing, course of performance, or usage of trade. We make no promise, representation or warranty to you about any of that. No advice or information provided by PackageX will create a warranty. You assume total responsibility.
The information published on the Shipd App, PackageX Website and the Services may include inaccuracies or errors, including pricing errors. In particular, PackageX does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the courier services displayed on this Website (including, without limitation, the pricing, general product descriptions, etc.). In addition, PackageX expressly reserves the right to correct any pricing errors on our Website.
Limitation of PackageX's Liability
You assume all risk of loss when using the Services. PackageX will not be liable for any risk of any kind arising from your use of, or inability to use, the Website, the Services, or any other content, data, materials, or information of PackageX.
IN PARTICULAR, PACKAGEX WILL NOT BE LIABLE FOR:
- ANY DAMAGES TO OR VIRUSES, WORMS, TROJAN HORSES OR OTHER DISABLING OR HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO THE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY THIRD PARTY SITES;
- LOST OR PROSPECTIVE PROFITS OR REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE, DELAY OR MALFUNCTION ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR
- ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS),
whether any of those claims are based in contract, tort, strict liability or otherwise, that arise out of or are in any way related to: (i) any use of the Website or the data, materials, information or content thereof; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website) in performance of Services; or (iii) the performance or non-performance by PackageX, a courier, or any other provider, whether or not PackageX knew or should have known of the possibility that such damages to such parties or any other party might be incurred.
In any event, PackageX will not be liable for any damages in excess of the purchase price paid for the individual Service at issue, whether or not PackageX had knowledge that such damages might be incurred.
You will defend, indemnify and hold PackageX, its officers, directors, employees, and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or your use of, or access to, the Shipd App Website or Services.
Class Action Waiver
In exchange for PackageX’s provision of the Services and your payment for those Services, you hereby waive the right to bring or participate in any class action lawsuit against PackageX and its affiliates (which will include any party controlling, controlled by or in common control with PackageX, or any of PackageX’s employees, directors or officers).
SPECIFICALLY YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION OR COURT AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION OR COURT ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE AGAINST PACKAGEX OR ITS AFFILIATES; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION OR COURT AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION.
Choice of Law; New York Jurisdiction
The services performed by PackageX Inc. are offered from, and performed in the State of New York. These Terms and Conditions are governed and interpreted in their entirety pursuant to the laws of the State of New York, United States of America or U.S. federal laws and regulations, as applicable, notwithstanding any principles of conflicts of law.
You agree that any action related to these Terms, the Shipd App or the Services and not subject to the mandatory arbitration clause described below may only be brought before the state and federal courts located in New York.
Arbitration and Dispute Resolution
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis.
All disputes arising out of or relating to these Terms and Conditions will be finally resolved by arbitration conducted in the English language in New York under the commercial arbitration rules of the American Arbitration Association or JAMS. You agree that this will be the sole and exclusive jurisdiction for the adjudication of any disputes arising in connection with these Terms and Conditions, your use of the Services, and your relationship with PackageX Inc. and its affiliates, members, directors, officers, employees and agents. The arbitration will be conducted by a single arbitrator mutually selected by the parties. If the parties cannot agree on an arbitrator, then they may each appoint their own arbitrator, which two arbitrators will in turn, select the single arbitrator for adjudication of the dispute. he parties will bear equally the cost of the arbitration (except that the prevailing party will be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). Under no circumstances will the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages will be beyond the arbitrator’s authority, void, and unenforceable.
All decisions of the arbitrator will be final and binding on both parties and enforceable in any court of competent jurisdiction.
This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).
Notwithstanding anything to the contrary, we will be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction.
Permitted Time For Filing A Claim or Lawsuit
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or registration on Shipd App must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
You agree that nothing in these Terms or in your use of or access to the Shipd App, PackageX Website or Services will make you an employee, agent, or legal representative of PackageX. You may not assign or delegate the performance of part or all of your obligations under these Terms, without the prior written approval of PackageX.
All terms used in one number or gender will be construed to include any other number or gender as the context may require. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by PackageX. The failure to enforce any right under these Terms will not be a waiver of the provision or the right to enforce it at a later time.