USMG Inc, doing business as ShipOn.com (“ShipOn”, “we”, “our” and “us”), is the operator of https://shipon.com (the “Website”). The Website is designed to provide assistance to users (“users”, “customer” and “you”) in creating and managing shipments (“Shipment”). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (collectively, the “Terms and Conditions”). By creating an account on the Website (“ShipOn Account”) or by using any services provided by us (the “Services”), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
1. ACCEPTANCE OF TERMS AND CONDITIONS
If you are entering into these Terms and Conditions on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms and Conditions, you shall not accept the Terms and Conditions on behalf of such entity and you are not authorized to use the Website or the Services.
2. USER OBLIGATIONS
When registering, to adequately safeguard the username and password provided by Shipon.com, as identifiers and enablers for access to services, agreeing not to cede their use or to allow access to them by third parties, assuming responsibility for damages that could arise from improper use of the same. Likewise, the User undertakes to notify ShipOn as quickly as possible regarding their loss or theft, as well as any risk of access to the user’s username and password by a third party.
Users are obliged to comply with all applicable laws and the terms and conditions established by the Couriers when utilizing the Website and the Services. Likewise, Users must utilize the Website in a responsible, correct and lawful manner and, in particular, refrain from the following activities, this not to be considered an exhaustive or exclusive list:
3. PROHIBITED PRODUCTS
a. The following are the types of products that, for everyone’s safety, you are prohibited to ship through ShipOn:
a) Live plants and animals;
b) Alcoholic beverages;
c) Ammunition & firearms;
e) Firearms and any kind of weapon;
f) Prescription pharmaceuticals or other dangerous drugs;
g) Explosive or hazardous products;
h) Counterfeit items;
i) Unique or one-of-a-kind materials; and
j) Precious metals in the forms of bullion or reserves.
b. ShipOn shall not be liable for any loss, damage, destruction of such prohibited product.
c. In order to maintain the integrity of ShipOn Services and reputation, ShipOn will report any activities pertaining to shipping prohibited items to relevant law enforcement authorities and shipping partners.
4. GENERAL CONDITIONS FOR SHIPMENT AND SERVICES
a. ShipOn does not directly handle the contents being shipped by customers. Rather, ShipOn organizes the pick-up and delivery of the contents through the Couriers chosen by the costumers at the time the order is placed. ShipOn takes charge of ordering/managing the shipment of the contents through one of the Couriers that collaborates with ShipOn. ShipOn shall handle all the claims/queries that the user places with regards to the order, provided that they are made in writing using the same e-mail account with which the service was contracted on the Website.
b. ShipOn and/or the Couriers have the right to refuse any contents that a user intends to ship for reasons, including, but not limited to, the absence of packaging, insufficient packaging, or if the contents exceed the dimensions and weight reported at the time the service was contracted, and if the nature of the contents so requires (see list of prohibited items identified herein and on the Couriers’ independent websites).
c. You promise to inform ShipOn of the non-visible specifications of an order, when these may have an impact on the shipment of the order; if you give to ShipOn products that fall under the exclusions herein referenced, you will be exclusively liable for any damage that may occur to ShipOn or to third parties; goods or objects that are prohibited for any legislation on penalties, for example due to the content, the recipient or the country of destination or provenance. The sanctions laws include all laws, regulations and measures that define the sanctions (including trade restrictions and economic sanctions) the countries, individuals or entities, including but not limited to the impositions of the United Nations, or any international law.
d. Packaging and Content: You are responsible for all costs and damages resulting from inaccuracy or insufficient information on the waybill and / or the delivery of electronic information relating to the goods and the recipient that must be given by you. You use ShipOn to process orders, and therefore you must ensure that all packages are labeled, and transmit the necessary information by electronic files. In the event that the you or ShipOn miss any electronic information, or there is an incorrect labeling or lacking in identification of packages, ShipOn or the Couriers will contact the customer, and by default the shipment will be kept for the time needed to clarify the situation. Exceptions will be made in cases where a prior agreement has been reached with you, in which, if this situation should occur, ShipOn and its partners are authorized to proceed to solve the situation and to deliver the parcel to the recipient. You must pack the goods in sealed packages, resistant and adequate to the content and specific needs of the carrier of the goods, as well as to any specific needs of the recipient. Otherwise, the order will be carried on your behalf and at your risk, and ShipOn will not be liable for any occurrence mentioned above. You are liable for any damage caused to third parties or to ShipOn due to defects in the goods or packages supplied by you. You are also responsible for delivering all the documents needed for an appropriate shipment in accordance with the applicable laws as well as providing information for filling correctly the waybill. You will refund ShipOn for the fines paid because of the inaccuracy or inadequacy of the indications of the waybill or the equivalent document provided by you if they result from inspections by the competent authorities.
e. Weight and Size: You are obliged to inform ShipOn about the correct weight and size when doing the order of the item to be shipped. ShipOn reserves the right to rectify any difference in weight or volume established by you.
f. ShipOn and its Couriers will always proceed with the shipment regardless of incorrect measurements. The Couriers will electronically measure and weight the shipment and notify ShipOn if there is a discrepancy. ShipOn's internal audit system will recalculate the shipping fee, charge the customer account (either via User Account Balance or User Authorized Payment Method) and notify customers.
g. All orders must be accompanied by the original invoice and the duplicate outside the package in case of a purchase or a sale. If the content is a gift or a private good, since it is not a commercial transaction, the customer must place a pro-forma invoice with the indication of the content outside the package. ShipOn is not responsible for any fine / penalty imputed by the competent authorities in case the order is inspected.
h. Insurance: There are two types of insurance: Carrier Insurance and Protection plan.
Carrier Insurance is provided by the courier. ShipOn doesn’t provide the insurance thus the Shipper will need to adhere to all insurance requirements as stated by the specific courier. ShipOn will not be liable for claims made on any damage, destruction, loss, late delivery of Shipment, failures in handling in shipments to couriers, or failed/late shipment collection by Courier.
5. TERMS AND CONDITIONS OF THE COURIERS
For the delivery and pick-up of the shipments, the conditions of each of the Couriers shall apply. In the event there is a discrepancy between what is published on this Website and on the webpages of the Couriers with respect to delivery and collection, the service conditions of the Couriers shall always prevail, as the rates published on the Website are based on them, except for those related to insurance coverage, with regards to which the public conditions on the Website shall prevail.
Unless otherwise provided by law, ShipOn is liable only for damages resulting from the loss or damage that the goods may suffer in ShipOn's transport or in its warehouse, when such facts are clearly attributable to deliberate malice or gross negligence with the limits established in the present general conditions. This responsibility is linked to the formulation of an accurate and complete reserve by the recipient at the time of delivery. ShipOn will not be liable for any damage not causally linked properly to the malicious or grossly negligent conduct that has been imputed to it. ShipOn will not be liable for future damages, indirect damages or loss of money / loss of profit. ShipOn will not be liable if all or part of the order is lost, damaged, or is delayed due to force majeure or due to omissions of the customer, recipient or third parties in particular: insufficient or incorrect address, failure to fill in the waybill, bad packaging. ShipOn's liability will also be excluded when the loss or damage results from the risks inherent in any of the following facts:
a. Lack or defects in packaging related to goods which, by their nature, are subject to loss or damage when not properly packed;
b. Maintenance, loading, cleaning, unloading of goods by the shipper / customer or recipient or by persons acting on their behalf;
c. Insufficient or lacking application of trademarks or symbols on packages, where applicable.
In case of apparent defect of the goods or of packaging defects, the recipient must, at the time of acceptance of the goods, formulate a precise and exhaustive reservation. If the recipient receives the goods without making reservations, it is assumed that the goods are in good condition. Any complaints must be sent in writing to ShipOn within 15 (fifteen) days from the delivery of the parcel. If it is not notified promptly, ShipOn assumes no responsibility. The claim must be supported and accompanied by documentary evidence of the damage or loss, such as formal complaint document, waybill, copy of the shipping invoice and sales invoice to the customer. If the customer complains about any damage, he/she must remain in possession of the order in case ShipOn decides to pick up the damaged items. If ShipOn cannot collect the damaged goods, it will not be held responsible for the contents of the same. ShipOn does not accept that payments of service provision invoices are suspended, delayed or cautioned by justifying such behavior with delays in solving complaints. The client or the recipient cannot contact ShipOn partners (transport companies that work with ShipOn) in any situation to file a claim about the service, once the claims management is the exclusive responsibility of ShipOn.
8. DUTIES OF THE USERS
By using ShipOn services, the customer/forwarder agrees:
a. To ensure that the information provided in the shipping form is complete and accurate and true;
b. To collaborate in everything concerning our service;
c. To provide us the access to the house, office or other place, if they are the collection or delivery point, and to be responsible for ensuring that these places do not contain hazardous materials and do not put in danger the health and safety of our employees or those of our partners;
d. To provide the information and material needed to accomplish the service, and to ensure that this information is accurate in all material aspects;
e. We will not carry any items contained in the list of prohibited items; and
f. We reserve the right to refuse the shipping of any order at our discretion.
Quotations for Shipping Fees by ShipOn are based on the information provided by you, including, but not limited to, sender’s address, receiver’s address, weight, dimensions, and value of the items. In the event a shipping label is generated using a ShipOn Courier Account and there is a discrepancy between the Shipping Fees charged by ShipOn at the moment the User purchases a shipping label and the costs for the Shipment charged by Couriers to ShipOn due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, value of the item(s), addresses, declaration of residential address, or any other information critical to estimate Shipping Fees, you will be responsible for such discrepancy amount (“Shipping Fees Discrepancies“). ShipOn specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. ShipOn is not responsible for any changes or alteration of the Shipping Fees. ShipOn agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but ShipOn makes no representations or warranties regarding the amount of time needed to complete processing.
10. SHIPPING FEE DISPUTES
In the event that you disagree with any Shipping Fees charged to your account, you shall submit such complaint to ShipOn within thirty (30) days of the fee being charged (“Dispute Period”). ShipOn will not review customer requests for Shipping Fees adjustments that are received after the Dispute Period.
11. SHIPPING FEE REFUND
Users may cancel any paid and unused shipping label and request for a refund accordingly prior to a Shipment being processed. ShipOn will refund the Shipping Fee to the User, either to the User Account Balance or to the User Authorized Payment Method, within ten (10) days from the date the User has requested for such cancellation. In the event that the Shipment has already been shipped and sent over to the courier, such Shipment may not be cancelled and the User shall be billed for the full Shipment Fee and any other related fees thereof. In case a Shipment previously refunded to the User by ShipOn, is shipped by User, ShipOn will bill and charge User for the related Shipment Fees.
12. RETURNS AND UNDELIVERABLE SHIPMENTS
a. Returns and undelivered shipments will be shipped to a ShipOn warehouse before being shipped back to the customer. Additional fees may be incurred and charged to the customer if a return and undelivered shipment is the result of an act or omission on the part of the customer. Customer agrees to promptly pay ShipOn the postage costs incurred by said conveyance.
b. If there are any issues with a shipment, the customer shall contact ShipOn directly, not the Couriers. ShipOn will contact the Couriers on behalf of the customer in an effort to resolve the issue.
You are responsible for all applicable taxes that arise from or as a result of your subscription to or purchase of ShipOn Services. To the extent that ShipOn charges these taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged taxes by ShipOn, you are responsible for determining if taxes are payable, and if so, self-remitting taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to ShipOn under these Terms and Conditions shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by ShipOn to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. ShipOn shall be entitled to charge the full amount of Fees stipulated under these Terms and Conditions to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
14. INSPECTION RIGHTS
ShipOn reserves for itself, or as an intermediary of any of its partners, specifically in case of any government inspection, including Customs, the right to open and inspect assigned parcels, regardless of whether the client is responsible for his or her statements about the content of the package.
If a penalty or a fine is applied to ShipOn, regardless of its legal nature, due to lack of documents or for any reason related to the content of the package, the responsibility for paying the penalty or fine applied is all upon the shipper / customer.
15. CONFIDENTIAL INFORMATION
Each party (“Recipient”) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms and Conditions and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party (“Discloser”) that is marked, labelled or otherwise designated as confidential or proprietary, or that Recipient knew, or should have known, was confidential due to the circumstances of the disclosure.
Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by Recipient without restriction from a third party, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser’s Confidential Information, or (f) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.
c. Non-transactional Confidential Information
Other than transaction information absolutely required for ShipOn to provide, or for you to use the Services, ShipOn does not require nor desire any of your proprietary information (“Non-transactional Confidential Information”). You agree not to provide ShipOn with any Non-transactional Confidential Information including, but not limited to, prototypes of new products, without ShipOn’s express prior written consent. In the event that you send such Non-transactional Confidential Information to ShipOn without ShipOn’s prior written consent, then ShipOn shall not be obligated to treat such information as Confidential Information.
d. Standard of Care
Recipient shall not use the Confidential Information for any purpose other than as required by these Terms and Conditions. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.
e. Return or Destruction of Confidential Information
Other than transactional information that is retained in the ordinary course of ShipOn’s business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of a written request from the other party.
16. LIMITATION OF LIABILITY
a. Third-Party Liability
By accepting the Terms and Conditions, you acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
b. Waiver of Consequential Damages and Limitation of Liability
In no event shall ShipOn be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall ShipOn’s liability under this agreement exceed the monies paid or payable by you to ShipOn for the applicable services excluding carrier fees or other third party fees (“damages cap”). In the event of an unauthorized transaction by a ShipOn employee or agent, ShipOn is only liable for the damages cap. ShipOn must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from ShipOn.
17. SERVICE PROVIDED BY COURIER
For the purposes of these Terms, the term “Couriers” shall include the following:
FedEx : Federal Express Corporation – American multinational delivery services company.
UPS : United Parcel Service – American multinational package delivery company.
ShipOn is a technology platform that connects shippers and couriers. In no circumstances will ShipOn be liable for any Services or information provided by any Courier, neither in the case of shipments generated using a ShipOn Courier Accounts nor a User Courier accounts. Under no circumstances ShipOn will be held responsible or liable for any damage, destruction, loss, late delivery of Shipment, failures in handling in shipments to couriers, failed or late shipment collection by Courier, or any issues with tracking updates, for any Courier, also ShipOn is not liable for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). ShipOn is not liable for the delivery time information shown on the Website.
For User Courier Accounts, ShipOn is not responsible for the accuracy or validity of any Fees, and the User is responsible to deliver the shipments to the Courier.
Further to the above, ShipOn connects warehouse service providers with potential clients. You acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
18. DISCLAIMER OF WARRANTIES
ShipOn disclaims all warranties, express or implied regard to this service. ShipOn does not make representations of any kind or warranties available to you through the Platform.
No oral advice or written information given by ShipOn or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty.
WITHOUT LIMITATING THE GENERALITY OF THE FOREGOING: (a) SHIPON HAS NO OBLIGATION TO INDEMNIFY OR DEFEND YOU AGAINST CLAIMS RELATED TO INFRINGMENT OF INTELLECTUAL PROPERTY; (b) SHIPON DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM WILL PREFORM WITHOUT INTERRUPTION OR ERROR; (c) SHIPON DOES NOT REPRESENT OR WARRANT THAT THE SYSTEM IS SECURE FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT YOUR CONTENT WILL REMAIN PRIVATE OR SECURE; AND (d) SHIPON DISCLAIMS ANY REPRESENTATION OR WARRANTY CONCERNING PRODUCTS OR SERVICE PROVIDED BY OTHER USERS OF THE SYSTEM OR OTHER THIRD PARTIES.
19. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and service are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
21. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Website or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
23. CHANGES TO TERMS
You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms constitutes acceptance of those changes.
Questions about the Terms should be sent to us at [email protected]