Terms and Conditions

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TERMS AND CONDITIONS

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT OBTAIN OR UTILIZE SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

 *These Terms and Conditions were last updated on April 18, 2022. 

I. APPLICABILITY OF TERMS AND CONDITIONS.

These Terms and Conditions (the "Terms") constitute a legal binding agreement made between you, whether personally or on behalf of an entity (the “Customer(s),” “you,” “your”), and Zipin2Ship, Inc. (the “Company,” “we,” “us,” or “our”), concerning your access to and use of www.Zipin2Ship.com, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”)

You agree that by accessing the Site, and/or activating an account, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. This Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site or activate an account herein.

II. INTELLECTUAL PROPERTY RIGHTS. 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

III. USER REPRESENTATIONS. 

By using the Site, you represent and warrant that:

  1. All information you submit in registering and setting up your account will be true, accurate, current and complete;
  1. You will maintain the accuracy of such information and promptly update such registration information as necessary;
  1. You have the legal capacity and you agree to comply with these Terms;
  1. You are not under the age of 13;
  1. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
  1. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  1. You will not use the Site for any illegal or unauthorized purpose;
  1. Your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

IV. USER REGISTRATION. 

You may be required to register with the Site. You agree to keep your password confidential and will be solely responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

You must immediately notify Zipin2Ship.com if you are aware of any unauthorized use of your account or any breach of security that has or may comprise your account and or the Site. Until Zipin2Ship.com is notified of said breach or unauthorized use in writing, Customer shall remain liable for said breach or unauthorized use.   

V. TERMS OF SERVICE. 

Zipin2Ship.com will designate square footage at the Company facility in the United States, whereby the Customer can have merchandise, packages, parcel and/or orders delivered and temporarily stored (only during the pendency of processing the Customer’s order) prior to exporting to the Customer’s local address.

By utilizing the services of Zipin2ship.com, the Customer authorizes and appoints Zipin2Ship.com, by and through its authorized agents, representatives, employees, etc., to act as the Customer’s agent for consolidation and export purposes by receiving Customer’s merchandise, packages, orders, wherein they will be opened, sorted, re-packed and consolidated. At the Customer’s direction, Zipin2Ship.com arranges for export to the Customer's designated local address by an unaffiliated air and/or ocean delivery service provider, which acts as the freight forwarder and/or carrier for the shipment. Zipin2Ship.com is not an indirect air or ocean carrier of the property, but acts as the agent of the Customer.

All packages received by Zipin2Ship.com will be opened by representatives of the company. Customers are responsible for all import obligations in the country to which all packages will be sent. Customers also authorize Zipin2Ship.com as its agent, acting through its authorized persons, as true and lawful agent: for the receipt and opening of packages, to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry. The Customer further acknowledges and accepts that freight forwarders and/or carriers may and will reserve the right to open and/or inspect every shipment tendered to them on behalf of a Zipin2Ship.com Customer.

No package will be shipped by Zipin2Ship.com, unless and until all shipping charges and storage costs have been paid in full by the Customer and all necessary documentation to facilitate the shipment and export have been accepted and approved by the appropriate parties.

It is the responsibility of the Customer to find out the regulations for their shipments, provide an invoice detailing the description of contents, declare the correct value of each package for excise, duty and tax payments, declare customs duty in his or her own country and all shipping charges. Zipin2Ship.com does not guarantee delivery of packages that do not comply with U.S. export regulations or the import regulations of the country to which they are sent. Zipin2Ship.com is not responsible for any return costs or additional fees charged for the return of a package. If a return is requested by Customer, Zipin2Ship.com can only return merchandise to the original U.S. based seller/vendor from whom the merchandise was originally purchased.  

Zipin2ship shall attempt to make the delivery of all shipped items to the designated final recipient based on the information provided by the customer within the shipping order and if the information provided is not sufficient to locate the recipient address or the absence of the recipient or designated individual to verify and accept the goods at the time of its first delivery attempt, may result in additional charges for additional delivery attempts.

A. Appointment of Zipin2Ship.com as Customer’s Agent. 

As a Customer, you grant Zipin2Ship.com the written authorization to act on your behalf as your true and lawful agent for the following specific purposes: preparation of shipping documents, any Certificates of Origin, any Electronic Export Information (EEI) via the Automated Export System (AES) in accordance with the laws and regulations of the United States, any airway bill, Bill of Lading, Sea Waybill or any other document required to export merchandise to the Customer.

Customer also grants Zipin2Ship.com the authority to enter into service agreements on your behalf for the purposes of delegating the authorization and ability to draft, complete and process the above mentioned shipping documentation that may be required for proper lawful exportation of Customer’s shipments. Customer also authorizes Zipin2Ship.com to work with freight forwarders and/or carriers for the purposes of conducting customs clearance and complying with any and all requirements associated with said clearance process that will facilitate the export of Customer’s merchandise.

If the Customer fails to provide the relevant information necessary to complete any of the above mentioned functions, Zipin2Ship.com may decline to effectuate the export of the Customer’s merchandise. Under these circumstances, the Customer is responsible for all costs associated with and incurred in returning or forfeiting the merchandise and shall not be entitled to any reimbursements thereof.

For any commodity that has a total declared value of $2,500 USD or more, the Customer is responsible for filling out the EEI documents via AES.

B. Payment Terms.

All applicable prices are set forth alongside the services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) excise, and related taxes; (ii) shipping and handling, (iii) import/export fees, (iv) return/reroute fees, (v) storage charges, (vi) late charges, (vii) optional service fees (if applicable),  and (viii) other charges, should they apply. Payment may only be made with a valid credit, debit card, or use of a recognized and secure electronic payment provider (e.g., PayPal, Venmo, etc.) By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

At the time services are rendered, failure to provide payment may result in late charges, stop shipment charges, suspension of service, and involuntary return or the discarding of any remaining merchandise. All unpaid consolidated orders will be held in the Company facility until the order is paid in full, for a maximum period of fourteen (14) business days. After the third (3rd) business day, there will be a surcharge of $5.00 USD/per cubic foot of space occupied by Customer’s order, per day, for using the Company facility space.

Customers with outstanding invoices or balances, whose payment method is by credit card, hereby authorize Zipin2Ship.com to charge his/her credit card for the aggregate amount of such outstanding invoice or balance. Likewise, if the Customer’s payment method is via a secure electronic payment provider, Customer authorizes Zipin2Ship.com to work with said provider to secure payment. Should these attempts fail, the Customer acknowledges that the merchandise is no longer considered shippable nor storable and will thus be forfeited by the Customer to Zipin2Ship.com in order to be: sold with the proceeds applied to the outstanding balance and the remainder donated to a reputable charity of the Company’s choice, destroyed, or otherwise disposed of. Zipin2Ship.com will fully comply with all relevant laws in the sale, destruction or disposal of Customer’s merchandise. Zipin2Ship.com reserves the right to amend this policy in practice as appropriate and necessary to Zipin2Ship.com's business operations.

Each Customer, as collateral security for the prompt and complete payment of any amounts owed to Zipin2Ship.com by such Customer, whether under these Terms or otherwise, hereby pledges and hypothecates to Zipin2Ship.com and grants to Zipin2Ship.com a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Customer to Zipin2Ship.com, the Company, and its facility in the United States. If a Customer's account charges become delinquent for more than sixty (60) days, Zipin2Ship.com may exercise, in addition to all other rights and remedies granted to it in these Terms, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.

Zipin2Ship.com may, without the requirement for judicial notice or process and without obtaining a final judgment, sell at public auction or private sale, without prior or further notice to Customer, the Customer’s goods and/or merchandise, as may be necessary to satisfy such lien. Zipin2Ship.com shall apply the net proceeds of such sale to the payment of the amount due to Zipin2Ship.com. The Customer shall be liable for any deficiency in the net sales proceeds to pay off the amount owed to Zipin2Ship.com.  

C. Wallet

Zipin2Ship.com maintains an online wallet (the “Wallet”) which allows Customers to store and control their online shopping information (such as logins, passwords, shipping address, credit card information, etc.), as well as provides as a method to purchase services from Zipin2Ship.com. The Wallet is also utilized to maintain account balances, charges, overpayments, refunds, and referral bonuses throughout the Customer’s experience in using the Site and services of Zipin2Ship.com. 

D. Shipping Costs / Shipping Insurance. 

Shipping costs are based on the dimensions of your shipments. Shipping costs will be charged according to the actual dimensions. Consolidated orders with a final destination other than Sri Lanka, will incur an additional service charge per Zipin2Ship.com’s applicable schedule of fees published on the Site.

Insurance costs for shipment of Customer’s merchandise are based on the insured value. Insurance rates are based upon the insured value and dependent upon the particular carrier’s own set rates. Insurance value is subject to the terms and conditions of the particular carrier’s airway bill, bill of lading/sea waybill. All claims are reviewed individually and any claim payment will be based on the declared value.

Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. All claims for lost or damaged packages must be reported to Zipin2Ship.com within 10 days after receiving the package. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Zipin2Ship.com. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture, and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid.

Any liability for damage or loss caused after delivery to Zipin2Ship.com is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Zipin2Ship.com for damage or loss caused to any items before delivery to Zipin2Ship.com or caused to merchandise prepackaged by the manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.

E. 100% Money-Back Guarantee. 

All packages received by Zipin2Ship.com that arrive at the Company facility and contain the Customer’s merchandise, orders, parcels, etc., in their original condition (i.e., free from any noticeable defects, damages or other physical deformities) are guaranteed to be re-packaged, consolidated and delivered to the Customer’s designated local address in exactly the same condition. If the Customer receives the delivery of their consolidated package, order, merchandise, parcel, etc. in damaged condition, due to the fault of Zipin2Ship.com, they are entitled to a full 100% refund of the purchase price of their order with Zipin2Ship.com.    

F. No Sales Tax. 

By virtue of utilizing the services of Zipin2Ship.com (i.e., designating us as your authorized agent to receive a shipment of your orders, merchandise, packages, parcel, etc., and consolidating and exporting to your local address) and using our Company’s facility address (located in Delaware State) for purchases made in the United States, Customers enjoy the benefit of paying $0 USD in sales tax.

G. Terms & Conditions of Seller of Merchandise. 

The Customer is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Customer acknowledges and accepts that Zipin2Ship.com is not responsible for any actions taken by a seller with respect to the Customer's order that are directly correlated to the seller’s terms and conditions of sale.

THE CUSTOMER IS ALSO RESPONSIBLE FOR INFORMING THE SELLER THAT ANY MERCHANDISE PURCHASED AND SENT TO THE COMPANY'S FACILITY ULTIMATELY WILL BE EXPORTED OUT OF THE UNITED STATES. IT IS THE RESPONSIBILITY OF THE CUSTOMER TO ENSURE THAT THE SELLER PROVIDES THE EXPORT CLASSIFICATION OF THE MERCHANDISE AND DETERMINES IF ANY EXPORT LICENSES ARE REQUIRED FOR THE MERCHANDISE. THE CUSTOMER MUST ENSURE THAT MERCHANDISE REQUIRING AN EXPORT LICENSE, OR THAT IS OTHERWISE CONTROLLED FOR EXPORT, IS NOT SHIPPED TO ZIPIN2SHIP.COM BY THE SELLER.

VI. PROHIBITED ACTIVITIES.

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

A. Prohibited Site Activities. 

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
  1. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses;
  1. Use a buying agent or purchasing agent to make purchases on the Site;
  1. Use the Site to advertise or offer to sell goods and services;
  1. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
  1. Engage in unauthorized framing of or linking to the Site;
  1. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  1. Make improper use of our support services or submit false reports of abuse or misconduct;
  1. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
  1. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  1. Attempt to impersonate another user or person or use the username of another user;
  1. Sell or otherwise transfer your profile;
  1. Use any information obtained from the Site in order to harass, abuse, or harm another person;
  1. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
  1. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
  1. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
  1. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
  1. Delete the copyright or other proprietary rights notice from any Content;
  1. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
  1. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
  1. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
  1. Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
  1. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
  1. Use the Site in a manner inconsistent with any applicable laws or regulations.

B. Prohibited and Restricted Users and Destinations 

Zipin2Ship.com will not provide services to and does not authorize the creation of an account by individuals originating from or on behalf of any individuals originating from any of the following countries/regions – Cuba, Iran, Myanmar, North Korea, Sudan, Syria, Libya, Ukraine: Crimea Region, and Yemen.

Zipin2Ship.com will not provide services to persons and/or entities identified on any lists, charts, cables, memos, or designations made by the federal or state governments, and agencies, of the United States of America, who, by being named in said lists, charts, cables, memos or designations, are known to be in violation of the local, state, federal and or international laws promulgated by or joined by the United States and its respective state governments. The customer shall not affiliate with any individuals or entities stated above nor utilize the services of Zipin2Ship.com to assist, aid, support, or otherwise facilitate any transactions for or on behalf of such individuals or entities.

At no time shall the Customer utilize the services of Zipin2Ship.com to provide aid, support, assistance, or otherwise to any foreign terrorist organization, a domestic terrorist organization, or any individuals or entities who have been designated as terrorists or terrorist organizations by U.S. federal or state law or the laws of any country wherein these individuals are designated or named as such.

In the event that the Customer is potentially believed to be an individual or entity identified above or affiliated with an individual or entity identified above, Zipin2Ship.com may ask the Customer to provide documentation to show that the Customer and/or individual or entity to which a request to export items has been made is not such an individual or entity. If the identity of the Customer and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of Zipin2Ship.com, Zipin2Ship.com reserves the right to cancel the Customer's order and account. 

C. Prohibited and Restricted Items. 

The following list is a non-exclusive/non-exhaustive variety of items that are restricted, cannot be shipped, or, depending on your destination country, may either require an import license, additional documentation, and/or cause problems and delays during the customs review of your shipment:

  • Agricultural products such as tobacco (and nicotine products of any kinds, including e-cigarettes and their components), plants and seeds (restricted to some destinations);
  • Alcohol of any quantity;
  • Animals and products made with animal skin (furs);
  • Any type of pressurized can (hair spray, shaving cream, spray cans of any type);
  • Cash, currency, money orders, cashiers' checks, bank drafts, bearer bonds, and collectible stamps and coins. Jewelry and precious stones are (a) restricted to some countries and (b) can only be insured up to $500 maximum and any shipments of jewelry in excess of the $500 carriage limit is uninsured and the Customer assumes all risk of loss above such limit;
  • Coffee (restricted to some destinations);
  • Combustible/flammable items (paints, oils, lighters, perfume, nail polish);
  • Drugs and/or illegal substances (including marijuana)
  • Firearms, weaponry, and their parts: military, police, and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips, and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs, and other restraints, surveillance equipment;
  • Government IDs and licenses, or items that claim to be, or that look similar to government identification documents. This includes uniforms and badges or patches designed to look like they are officially government-issued;
  • Hazardous materials (matches, chemicals, explosives);
  • Lock-picking devices;
  • Lottery tickets and gambling devices;
  • Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.). Note that any food (including dietary supplements) received through Zipin2Ship.com may not be returned to or resold in the United States;
  • Pornography; and
  • Prescription and/or veterinary medicine.

Prohibited and/or restricted items are not considered storable and/or shippable and will be rejected, forfeited, and/or sold, destroyed, or provided to government officials. The Customer is responsible for confirming that the prohibited and restricted items listed above are not sent to Zipin2Ship.com. Zipin2Ship.com reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages.

Failure to comply with the terms and conditions pertaining to the item limitations and restrictions may result in detention by the custom clearance authorities and it shall be the responsibility t of the customer to bear any additional charges incurred for the clearance of such goods.

D. Zipin2Ship.com Company Facility Address.

ZIPIN2SHIP.COM’S COMPANY FACILITY ADDRESS IS TO BE USED FOR PACKAGE CONSOLIDATION PURPOSES ONLY. THE CUSTOMER WILL NOT REPRESENT THAT THE COMPANY FACILITY ADDRESS IS ITS ADDRESS FOR ANY PURPOSE OTHER THAN AS THE ADDRESS TO WHICH PACKAGES MAY BE DELIVERED, AND CONSOLIDATED PRIOR TO EXPORT, INCLUDING, BUT NOT LIMITED TO, REPRESENTING THAT THE COMPANY FACILITY ADDRESS IS THE ADDRESS OF THE CUSTOMER’S PLACE OF BUSINESS OR RESIDENCE. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT IN THE TERMINATION OF THE CUSTOMER’S ZIPIN2SHIP.COM ACCOUNT AND REPORTING TO LOCAL AUTHORITIES.

VII. COMPLIANCE WITH RELEVANT LAWS.

Use of Zipin2Ship.com is subject to all applicable local, state, national, federal, and international laws and regulations, including but not limited to all U.S. import/export laws and postal regulations and all laws/regulations set forth by foreign jurisdictions through and to which you are shipping. The Customer is responsible for and warrants his/her compliance with all applicable laws, rules, and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through, or over which the Customer's shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country.

It is the responsibility of the Customer to find out the regulations for their shipments, provide an invoice detailing the description of contents, declare the correct value of each package for excise, duty, and tax payments, and declare customs duty in his or her own country and all shipping charges. Zipin2Ship.com does not guarantee delivery of packages that do not comply with the import regulations of the country to which they are sent or U.S. export regulations.

You agree not to use Zipin2Ship.com for any illegal purposes or to ship prohibited or restricted items through the use of Zipin2Ship.com.

The Customer represents and warrants that:

  1. The individual receiving any packages consolidated and exported by Zipin2Ship.com will ultimately be the consumer and user of the packaged merchandise, or that their identity can be readily ascertained upon a request made by Zipin2Ship.com to the Customer;
  1. Any and all consolidated and exported packages, merchandise, and orders will be used in the country where the Customer requests that the package be shipped;
  1. The consolidated and exported package, merchandise, and order will not be re-exported to a different country, region, restricted, or other destination.

Zipin2Ship.com reserves the right to request that the Customer fill out and sign documentation confirming the ultimate consumer/beneficiary/end-user of the consolidated package that is exported by Zipin2Ship.com

Failure to comply with the above may result in the termination of your order and/or account without notice, and/or referral to the appropriate legal authorities, regulators officials, in the United States, and any other jurisdiction or country whose laws are invoked by way of using the Site and services of Zipin2Ship.com. 

VIII. GUIDELINES FOR REVIEWS.

We may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  1. You should have firsthand experience with the person/entity/services being reviewed;
  1. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  1. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  1. Your reviews should not contain references to illegal activity;
  1. You should not be affiliated with competitors if posting negative reviews;
  1. You should not make any conclusions as to the legality of conduct;
  1. You may not post any false or misleading statements;
  1. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

IX. MOBILE APPLICATION LICENSE

Use License 

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.

You shall not:

  1. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  1. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  1. Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  1. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  1. Use the application for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  1. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  1. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  1. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
  1. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices 

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

  1. The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  1. We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  1. In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  1. You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
  1. You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
  1. You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

X. SUBMISSIONS.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

XI. THIRD-PARTY WEBSITES AND CONTENT.

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

XII. SITE MANAGEMENT.

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms;
  1. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;
  1. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
  1. Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

XIII. USER DATA. 

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

XIV. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. 

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

XV. PRIVACY POLICY.

We care about data privacy and security. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

XVI. TERM AND TERMINATION.

These Terms shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT, WITHOUT WARNING, AT OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

XVII. BINDING ARBITRATION. 

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the Delaware State County wherein the Company’s facility is therein located. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Delaware State County wherein the Company’s facility is therein located, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. 

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than three (3) years after the cause of action arose.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

XVII. CORRECTION

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

XIX. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

XX. LIMITATIONS OF LIABILITY.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

XXI. MODIFICATIONS AND INTERRUPTIONS.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

XXII. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.

 

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

XXIII. GOVERNING LAW.

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

XXIV. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.

Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses.

Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, pandemics and epidemics, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

XXV. CONTACT US.

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Zipin2Ship, Inc.

61 Drake Avenue

Staten Island, NY 10314

contact@zipin2ship.com

www.zipin2ship.com

 

 

 

 

 

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