These terms and conditions control your use of the SmartShyp website. Your acceptance of the terms and conditions of this Agreement will constitute your agreement, on behalf of yourself and the entity you represent (hereinafter collectively “you” or “your”), to all of the terms and conditions provided below.
SmartShyp, LLC (“SmartShyp”) reserves the right to make modifications, alterations or updates to this site and these terms and conditions at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these terms and conditions have changed, and your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
Please note that, as explained further below, your use of the SmartShyp website is at your own risk.
(“Service”). This SmartShyp Terms of Service Agreement (“Agreement”” is a legal agreement between you and SmartShyp, LLC. (“SmartShyp,” “we,” “our” or “us”). This Agreement is divided into two parts. Part one explains all of the terms that govern your use of the shipping software Service. Part two contains additional legal terms, including provisions that limit our liability to you and govern any potential legal dispute. In order to use the Service, you must accept all of the terms. We want to make it easier for you to accept payments and have developed a payments service.
Terms Governing Use of the Service
General Use of SmartShyp
Smartshyp.com is provided solely for the use of SmartShyp, its current and potential customers of such businesses and may not be used by any other person or entity. It may not be used for any purpose other than in connection with the business or potential business relationship between such parties. Specifically, all shipping, tracking, rating, and other related information and services may only be used by SmartShyp customers and or their affiliates for their own shipments.
SmartShyp Account Registration.
You must register with SmartShyp (“SmartShyp Account”) in order to use the Service. Our registration process will ask you for certain information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date.
Both individuals and businesses may register for a SmartShyp Account. In the case of a business, you must provide accurate and complete information about yourself as well as the business. You can only sign-up to use the Service on behalf of a legally recognized business if you are authorized to act on behalf of the business and have the authority to bind the business to this Agreement. In order to sign up a business to use the Service, you must agree to this Agreement on behalf of the business. If you have so agreed, “you” means you, the natural person, as well as the business. User Name.
You must choose a reasonably descriptive user name that clearly identifies you, your email address, or your business. If a transaction dispute results from your failure to use a reasonably descriptive user name, you agree to indemnify SmartShyp for any costs stemming from such dispute.
The SmartShyp software is part of the Service. Among other things, the software enables you to access and use the Service. When you install the software, you will be asked to create your user profile and to establish a SmartShyp Account on the SmartShyp website. You must complete this and other processes in order to access any funds that you accept through the Service. You must install any and all software updates to continue to use the Service.
Verification and Inspection.
If your request to open a SmartShyp Account is approved, SmartShyp may request additional information from you at any time. SmartShyp may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver’s license, or a business license. SmartShyp may also ask for permission to inspect your business location. If you refuse any of these requests, your SmartShyp Account may be terminated. We reserve the right to suspend or terminate the SmartShyp Account of any user who provides inaccurate, untrue, or incomplete information, or fails to comply with the account registration requirements.
Compatible Mobile Devices and Third Party Carrier Fees.
Your SmartShyp Account permits you to complete payment card transactions on a compatible mobile device. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not compatible mobile devices. You acknowledge that the use of a modified device to use the Service is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your SmartShyp Account. SmartShyp does not warrant that the Service will be compatible with your mobile device.
Your use of the Service may be subject to the terms of your agreements with your mobile device manufacturer and your carrier. Service is currently available on: AT&T, T-Mobile®, Sprint, Nextel, Virgin Mobile, Verizon Wireless, Alltel, Dobson, Cellular One, NTelos, US Cellular and Cincinnati Bell.
Your SmartShyp Account.
By creating a SmartShyp Account, you confirm that you are either a legal resident of the United States, a United States citizen or a business entity authorized to conduct business by the state in which it operates. The Service and your SmartShyp Account may only be used in the fifty states of the United States of America and the District of Columbia. You may not export the Service directly or indirectly, and you acknowledge that the Service may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII).
By creating a SmartShyp Account, you also confirm that you will not ship merchandise in connection with the following businesses or business activities: (1) any illegal activity, (2) buyers or membership clubs, (3) credit counseling or repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8) multi-level marketing businesses, (9) inbound or outbound telemarketers, (10) prepaid phone cards or phone services, (11) rebate based businesses, (12) up-sell merchants, (13) bill payment services, (14) gambling or betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15) financial institutions offering manual or automated cash disbursements, (16) financial institutions offering merchandise and services, (17) sales of money-orders or foreign currency by non-financial institutions, (18) wire transfer money orders, (19) high-risk merchants, including telemarketing merchants, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (23) internet/mail order/telephone order firearm or weapon sales, (24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27) hate products, (28) escort services, and (29) bankruptcy attorneys.
By accepting this Agreement you confirm that you will satisfy these requirements.
Fees and Payment
A. Fees.In consideration of the Services, Customer will pay to SmartShyp all fees due according to the prices and terms listed on the website. All sales are final and SmartShyp offers no partial or full refunds of any kind on any purchase unless otherwise expressly noted, even if your Services are suspended, terminated or transferred before the end of the Services. SmartShyp expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.
B. Payment.All payments are due upon signup; the Services will not begin until payment is received. All recurring charges will be due on the monthly, semi-annual, annual or multi-year anniversary date of your initial signup. If a payment is returned or rejected by SmartShyp bank, or incurs additional costs for SmartShyp (e.g., bank fees) for any reason, then Customer may be charged a service fee of $40 and be required reimburse all such fees and costs incurred by SmartShyp, and Customer shall be immediately deemed to be in default of this Agreement. Accounts and all amounts in default are subject to a late payment charge of 1.5% per month, or the maximum amount permitted by law, whichever is greater, until fully paid. If Customer defaults, Customer agrees to pay SmartShyp its reasonable expenses, including attorney, in house legal expenses and collection agency fees, incurred in enforcing its rights.
C. Billing Policies and Cycles.We offer billing via credit card , debit card charge, and ACH only. All initial fees must be paid prior to shipping label printing. These fees may include service setup fees and first month service charge. Our billing cycle begins on the day we setup your account, and is due on that day and time each shipping label is processed thereafter. SmartShyp attempts to automatically charge the credit card on file for any past due invoice for current, additional shipping charges, suspended and cancelled accounts. Accounts suspended and reactivated must pay all past due and current amounts. Accounts past due over 30 days cannot be reactivated. You must sign up for new service and pay the full setup fees associated with the plan you choose. To cancel your account, you must follow the procedure in Section 18. All accounts requesting cancellation are terminated on the last day of your billing cycle.
D. Taxes.All fees charged by SmartShyp for the Services are exclusive of all taxes, VAT and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services, all of which Customer will be responsible for and will pay in full, except for taxes based on SmartShyp net income. If SmartShyp is required to pay directly any such taxes, Customer will, upon receipt of SmartShyp invoice, promptly reimburse SmartShyp for any such taxes paid by SmartShyp
You may use this Service only to the extent that you obey all laws, rules, and regulations applicable to your use of the Service. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell our services on behalf of any third party. This means that you may not use the Service to handle, process or transmit funds for any third party. You also may not use the Service to process cash advances.
Unauthorized or Illegal Use.
We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any SmartShyp agreement, or exposes you, other SmartShyp users, our processors or SmartShyp to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your SmartShyp Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your SmartShyp Account, and any of your transactions with law enforcement.
SmartShyp works with any US-issued and most non-US issued credit, debit, pre-paid, or gift cards with a Visa, MasterCard, American Express, or Discover logo. We currently do not accept HSA cards (Health Savings Account), even if they have a Visa, MasterCard, American Express, or Discover logo on them. We may remove or add Cards that we accept at any time without prior notice. We will only process Cards that receive an authorization from the applicable Network or card issuer. The person who presents the card to you (“the Payer”), may not be authorized to use the card or otherwise contest the transaction through the Chargeback process (described below Other Terms
There may be additional terms and conditions provided throughout SmartShyp governing your use of particular services, functions, features, information and applications available through SmartShyp. Your use of the website constitutes your agreement to such additional terms and conditions as if incorporated here.
Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Provider will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Customers may access their SmartShyp account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses SmartShyp, is bound by the terms of this agreement plus the following specific terms:
You expressly understand and agree that Provider shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to SmartShyp via the API may result in the temporary or permanent suspension of your account’s access to the API. Provider, in its sole discretion, will determine abuse or excessive usage of the API. Provider will make a reasonable attempt via email to warn the account owner prior to suspension.
Provider reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
SmartShyp and all content included on this site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by SmartShyp (collectively called the “Content”), and the collection, arrangement and assembly of the Content, is the property of or licensed by SmartShyp or its suppliers and service providers and is protected by U.S. and international copyright laws, trademark and other laws. SmartShyp does not convey to anyone, by allowing access to SmartShyp, any rights in SmartShyp, ownership or otherwise, or in any Content appearing on or made available through SmartShyp. Except as provided in paragraph 6, (a) no interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by you or any third parties and (b) you may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of SmartShyp or its Content. All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by SmartShyp (collectively called the “Marks”) are proprietary to SmartShyp or other respective owners that have granted SmartShyp the right and license to use such Marks. You do not receive any trademark rights or any other rights in or to the Marks or to the Content.
Limited Copy Use
You may download a copy of information and documents (collectively “Materials”) found on this site, and may print a single copy of such Materials provided that (1) use of such Materials is for you individually for informational purposes only and not for further commercialization, (2) you will not further copy or print more than one copy of the Materials, or post all or any part of them on any network computer, bulletin board or similar service or rebroadcast them via any media, and (3) no modifications, alterations, deletions or derivative work of any Materials is made by any copying or reproduction, redistribution or re-broadcasting. Use for any purpose or for commercial exploitation not expressly granted herein is prohibited. SmartShyp may terminate this authorization to use the Materials at any time. Upon such termination you must immediately destroy all copies of the Materials in your possession. Images of people or places displayed on this site are either the property of, or used with permission by, SmartShyp. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on this site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communication laws.
Interactive Feature Terms
You understand and agree that the use of certain interactive features available on SmartShyp is to facilitate your obtaining shipping services from third-party shipping companies (each a “Carrier”), including United Parcel Service General Services Co. (“UPS”), United States Postal Office (“USPS”), DHL Express Service (“DHL”), Federal Express Corporation (“FEDEX”). You agree to be subject to and comply with all obligations and requirements applicable to your use of such shipping services (“Carrier Services”), including all terms, conditions and limitations of liability applicable to your use of such Carrier Services as determined by the applicable Company and, separately, by the applicable Carriers and that Carrier’s rules and tariffs (“Carrier Tariffs”) will take precedence over this Agreement as applicable. Specifically, UPS, USPS, DHL, FEDEX shipments manifested through the SmartShyp web site under a UPS, USPS, DHL, FEDEX account number are subject to and governed by the then-current shipping services contract for the applicable UPS, USPS, DHL, FEDEX account, including the right of UPS, USPS, DHL, FEDEX to prohibit further shipping under such UPS, USPS, DHL, FEDEX account. ALL SHIPMENTS TENDERED TO UPS FOR DELIVERY ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THE UPS TARIFF/TERMS AND CONDITIONS OF SERVICE IN EFFECT AT THE TIME OF SHIPPING. The UPS, USPS, DHL, FEDEX Tariff/Terms and Conditions of Service can be found at www.ups.com, www.usps.com , www.dhl.com , www.fedex.com
You assume all responsibility for the preparation and accuracy of the information that you provide to the Carriers and, if applicable, your SmartShyp account, using such interactive features, and the preparation and accuracy of all applicable shipping documentation. You assume all responsibility for complying with any applicable export requirements imposed by law on your shipping activity.
Additionally, you agree to remit payment for all charges in connection with your use of such Carrier Services imposed by Carriers or, if applicable, your SmartShyp account. If the information you provide about a shipment is incomplete or inaccurate in any way, you authorize the applicable Carrier and/or your SmartShyp account to complete or correct it on your behalf and adjust the charges accordingly. You agree to pay or reimburse your SmartShyp account for all shipment charges, storage charges, duties and taxes owed for Carrier Services provided by a Carrier on your behalf and all claims, damages, fines and expenses incurred as a result of customs or your or the consignee’s failure to provide proper documentation or to obtain any required authorizations, licenses or permits and any other expenses that are assessed or incurred in connection with shipments tendered by you (collectively, “Additional Charges”). If your original payment is made by use of a credit card, you expressly authorize your SmartShyp account to obtain payment of the Additional Charges by use of such credit card. All payments for UPS, USPS, DHL, FEDEX Carrier Services shall be paid by you to SmartShyp or the applicable SmartShyp account(s). With respect to a UPS, USPS, DHL, FEDEX Carrier Service, you specifically acknowledge that you will deal exclusively with the SmartShyp account through which you obtained shipping services for all claims for cargo loss, damage and delay, as well as all other claims arising out of the transportation of a shipment.
You will defend, indemnify and hold harmless SmartShyp, SmartShyp accounts and SmartShyp(s)’ affiliated companies, and their respective officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of your failure to so comply with the Carriers’ shipping terms and conditions of service, your accounts’ terms and conditions or legal requirements applicable to your shipping activities.
To the extent that SmartShyp’s features provide you with the opportunity to send messages regarding your use of the website or related shipping services, SmartShyp does not commit to keeping your message private or confidential. By using such features, you acknowledge that SmartShyp is providing the technical functionality only, and that you are solely responsible for the content of such messages. SmartShyp undertakes no duty to monitor any messages sent by you. However, SmartShyp, in its sole discretion, may elect, but is not obligated, to look at your messages to protect itself. You may not use SmartShyp to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If SmartShyp sees or hears about messages sent via such features that violate these provisions, or that may damage SmartShyp, it may take all actions necessary to protect itself, including disclosing any messages to the law enforcement authorities.
To the extent that SmartShyp’s features provide you with the opportunity to maintain an address book for repeated use of data for using interactive features and services on the website, or maintains other of your information in any fashion, SmartShyp will use reasonable efforts to maintain such data. If you do not use such address book data for a period of 6 months, SmartShyp may delete your data. You should maintain a back-up copy of your addresses. SmartShyp will not be responsible for the loss of addresses contained in the address book or the loss or inaccuracy of any other data maintained on your behalf.
The UPS, USPS, DHL, FEDEX package tracking systems accessed via SmartShyp UPS, USPS, DHL, FEDEX tracking information obtained through SmartShyp (the “Tracking Information”) are the private property of UPS, USPS, DHL, FEDEX. UPS, USPS, DHL, FEDEX authorizes you to use the UPS, USPS, DHL, FEDEX Tracking Systems solely to track shipments tendered by or for you to UPS for delivery and for no other purpose. Without limitation, you are not authorized to make the Tracking Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Tracking Information for commercial gain without the express written consent of UPS, USPS, DHL, FEDEX. This is a personal service, thus your right to use the UPS, USPS, DHL, FEDEX Tracking Systems or Tracking Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
UPS, USPS, DHL, FEDEX provides international shipping forms and access to an application that generates such forms and provides related information (“International Shipping Application”) via SmartShyp for the convenience of its valued customers. However, use of these forms and the International Shipping Application is at your own risk, and the forms and information generated by or referred to in the International Shipping Application may change or be updated without notice. The selection of the appropriate forms and the proper completion of all necessary documentation is the responsibility of the shipper. Suggestion of forms by the International Shipping Application does not constitute legal advice to the shipper or any other person. Additional documentation not provided by the International Shipping Application may be required to clear your international package through Customs. IN NO EVENT WILL UPS, USPS, DHL, FEDEX OR SMARTSHYP BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN THE INFORMATION, FORMS, OR FEATURES OF THE INTERNATIONAL SHIPPING APPLICATION, EVEN IF YOU HAVE ADVISED UPS, USPS, DHL, FEDEX AND/OR SMARTSHYP OF THE POSSIBILITY OF SUCH DAMAGES. UPS AND SMARTSHYP EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE INTERNATIONAL SHIPPING APPLICATION AND THE FORMS AND INFORMATION PROVIDED BY THE INTERNATIONAL SHIPPING APPLICATION INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimer of Warranty
You warrant and represent to SmartShyp that you and the individuals you appoint are authorized to act in the manner in which they act to secure the Carrier Services and that your use of the SmartShyp web site and Carrier Services shall at all times be in compliance with all applicable laws, rules and regulations, including, but not limited to, customs, import, export, bonding (inclusive of alcoholic beverages) and those laws, rules and regulations that apply to the offer and shipment of hazardous materials or dangerous goods. If you offer hazardous materials or dangerous goods, you specifically warrant that (a) you are qualified by all regulations and laws; (b) you are the sole offeror; and (c) you are not relying in any way upon SmartShyp as a qualified offeror. You warrant and represent to UPS, USPS, DHL, FEDEX that you: (i) have the right to provide UPS, USPS, DHL, FEDEX the data you transfer to UPS through the SmartShyp web site; and (ii) you have a bona fide interest in the UPS, USPS, DHL, FEDEX information you receive through the SmartShyp web site and shipments associated with such information.
SMARTSHYP AND THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) CONTAINED IN OR OFFERED THROUGH SMARTSHYP (INCLUDING WITHOUT LIMITATION, DROP BOX LOCATOR AND SHIPMENT TRACKING SERVICES AND SHIPPING RELATED INFORMATION) ARE PROVIDED ON AN “AS IS” BASIS BY SMARTSHYP AND ITS LICENSORS AND THE CARRIERS WITHOUT WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTSHYP AND ITS USERS, LICENSORS AND CARRIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OR INABILITY TO USE SMARTSHYP AND THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) CONTAINED IN OR OFFERED THROUGH SMARTSHYP, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SMARTSHYP DOES NOT WARRANT THAT FEATURES ON SMARTSHYP WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. THE INFORMATION ON OR PROVIDED BY SMARTSHYP COULD CONTAIN ERRORS, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS. SMARTSHYP ASSUMES NO OBLIGATION TO CORRECT ANY ERROR, INACCURACY OR DEFECT IN THIS SITE. FURTHER, SMARTSHYP DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF YOUR USE OF THE FEATURES ON SMARTSHYP IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY SMARTSHYP, AN AUTHORIZED REPRESENTATIVE OF SMARTSHYP OR ACCOUNT USERS SHALL CREATE A WARRANTY THAT IS INCONSISTENT OR CONFLICTING WITH THE FOREGOING DISCLAIMER.
Limitation of Liability
USE OF SMARTSHYP AND THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) CONTAINED IN OR OFFERED THROUGH SMARTSHYP IS AT YOUR SOLE RISK. NEITHER SMARTSHYP NOR ANY OF ITS AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, CARRIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES ARISING UNDER THIS AGREEMENT UNDER ANY THEORY OF LAW (A) ARISING OUT OF YOUR USE OR INABILITY TO USE SMARTSHYP IN ANY MANNER; (B) FOR ANY ERRORS IN THE CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) ON SMARTSHYP; (C) FOR THE PROVISION OR USE OF ANY CONTENT, MATERIALS AND SERVICES (INCLUDING CARRIER SERVICES) VIA THIS SMARTSHYP; (IV) FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON RESULTING FROM YOUR USE OF SMARTSHYP, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS OR DATA, EVEN IF YOU HAVE ADVISED SMARTSHYP, ANY OF ITS AFFILIATED COMPANIES, SUBSIDIARIES, SUPPLIERS, CARRIERS AND/OR SERVICE PROVIDERS OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND THAT IF YOU BECOME DISSATISFIED WITH THE SMARTSHYP WEB SITE OR THE SERVICE OR SMARTSHYP’S POLICIES OR DISAGREE WITH ANY MODIFICATION TO THE SMARTSHYP WEB SITE OR ANY THE SERVICE PROVIDED THROUGH THE SMARTSHYP WEB SITE, THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE YOUR USE OF THE SMARTSHYP WEB SITE AND SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
You agree to defend, indemnify and hold harmless SmartShyp and its affiliate companies and users and their respective officers, directors, employees, agents and representatives from any and all claims arising out of your breach of any of these terms and conditions, and any of your activities conducted in connection with this site.
Changes to SmartShyp
SmartShyp may change SmartShyp and its Content, at any time without notice. Your subsequent viewing or use of SmartShyp will constitute your agreement to the changes and modifications.
Termination of Use
SmartShyp may discontinue, suspend or modify SmartShyp at any time with or without reason and without notice, and SmartShyp may block, terminate or suspend any user’s access to SmartShyp at any time for any reason in its sole discretion, even if it allows access to others
Links to Other Websites
SmartShyp site contains “links” that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by SmartShyp. SmartShyp makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. SmartShyp makes no representations regarding the correctness, performance or quality of any software found at any such sites.
Controlling Law and Severability
Your use of SmartShyp under these agreed-upon terms and conditions is governed by and construed in accordance with the laws of the United States and the State of Utah, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to SmartShyp or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Salt Lake County, Utah. This Agreement may not be changed or modified without the written consent of SmartShyp.
Reservation of Rights
Any rights not expressly granted by SmartShyp in these terms and conditions are reserved.
You may not assign or transfer by contract, by operation or law or otherwise this Agreement or your rights or obligations hereunder without SmartShyp’s prior written consent. SmartShyp may assign this Agreement and its rights and obligations in its sole discretion and without your consent.
Third Party Beneficiary
You expressly acknowledge that UPS, USPS, DHL, FEDEX is a third party beneficiary to Sections 5, 7, 8, and 9 for all purposes, including the right to bring a claim or cause of action or seek a remedy or right of any kind.
ACCEPTANCE OF AGREEMENT
You understand that you can accept these terms and conditions for the use of the SmartShyp Web Site and the Services electronically or by manual execution of this Agreement. Your acceptance shall represent you have read and understand all the terms and conditions.
Shipping Insurance Terms and Conditions
Shipping Insurance Terms and Conditions
Covers freight from all risks of physical loss or damage from an external cause (subject to exclusions) while in transit. Shipments must originate from the United States of America or Canada. Inbound shipments are not covered. Coverage provided for commercial trucking, air, and ocean freight companies only – owned, leased or rented vehicles are not covered. Coverage is on a package-by-package basis.
If you reside in the state of California, you acknowledge that the insurance coverage is provided by certain Underwriters at Lloyds. Lloyds of London is a non-admitted insurer.
All provided information regarding shipments that require coverage must be correct and complete. If incorrect details are provided when insuring a package there will be no coverage. For example: If a package is submitted for insurance and declared as a USPS First Class mail shipment but actually sent via the USPS Priority Mail service, or any other service or carrier, there is no coverage.
If you are shipping using the United States Postal Service, make sure to follow the USPS International Mail Manual rules located here: http://pe.usps.com/text/imm/welcome.htm. If you ship a prohibited item, there is NO COVERAGE.
Pay special attention to the following coverage exclusions and conditions:
Not all commodities and destinations are covered. Make sure the item(s) that you are shipping (Exclusion A) and the destination (Exclusion B) are not excluded from coverage.
Items must not be shipped in the original manufacturers packaging or any packaging that alludes to the contents. (Exclusion E)
All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to the seller before a claim is completed. Failure to comply can result in the denial of the claim. (Condition E, a)
During the claims process, a claim statement/affidavit signed by the recipient (or intended recipient) will be required. This is a digital form document provided by Shipsurance that allows the recipient (or intended recipient) to indicate loss or damage. (Condition E, c)
Throughout this Certificate the following definitions apply:
(“SHIPSURANCE”): The insurance agent – Shipsurance Insurance Services
(“INS”): The insurance company – Underwriters at Lloyds
(“Insured”): The insured – Smartshyp Users
(“Shipping Carrier”): The company that is transporting the shipments covered by this Certificate.
(“Total Insured Value”) or (“TIV”): The total value of the item(s) declared for insurance coverage. Includes the Shipping Carrier provided coverage, if any.
This insurance covers up to $2,000.00 per package for non USPS First-Class mail shipments and $1,000.00 for USPS First-Class mail shipments. Maximum coverage per conveyance is $100,000.00. Shipments sent domestically via the USPS require tracking to be covered.
The following is a list of exclusions this Certificate does not cover:
Accounts, bills, currency, cash in transit, evidence of debt, checks, money orders, COD payments, coins (collectible coins are not excluded), securities and other negotiable papers, tickets, deeds, notes, gift cards, manuscripts, documents, neon items, hazardous material (per UPS Hazardous Materials List), LCD monitors or screens, televisions (including LCD, plasma, CRT, projection, and similar), perishable cargo or similar property, eggs, any stone or ceramic slabs, automobiles, motorcycles, live animals, flowers, plants, seeds, cigarettes/cigars, cotton, guns (guns more than 100 years old are not excluded), tobacco, windows, plate glass, stained glass, float glass, laptop computers (including tablet computers, iPads, Kindles, and similar), and mobile telephones (including cell phones, smart phones, messaging phones, iPhones, android phones, blackberry phones, and similar).
Shipments sent to Afghanistan, Angola, Bolivia, Brazil, Burma, Congo, Cuba, Iran, Iraq, Ivory Coast (Cote d’Ivoire), Liberia, Mexico (Truck/rail shipments to and within other than as a connecting conveyance), Nigeria, North Korea, Paraguay, Sierra Leone, Somalia, Sudan, Syria, Venezuela.
Any location that would be in violation of any U.S. economic or trade sanctions including OFAC Restricted Countries. For shipments to Russian and other Commonwealth of Independent States countries (includes Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Russian Federation, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan) coverage ceases upon touchdown of the aircraft at the airport of destination or upon discharge from the overseas vessel at the destination discharge port.
Shipments that require a signature confirmation or signature required service that are not sent using the required signature service are excluded from coverage.
Signature requirements (if required by SHIPSURANCE) are listed in the “Covered Carriers and Limits of Coverage” section and the “Certificate Conditions” section of this certificate.
The limits are for the TIV. The TIV does not change if a claim if for shortage or repairable damage.
Signature confirmation and signature required are services that are offered by the Shipping Carriers, often at an additional expense to their core shipping service.
Loss, damage, shortage, or non-arrival of any parcel and its contents which is (1) addressed incorrectly or (2) packed insufficiently to withstand the normal rigors of transit.
Loss, damage, shortage, or non-arrival of any parcel and its contents when it bears a descriptive label or packaging which describes, or alludes to, the nature of the contents. This includes shipments sent in the manufacturers packaging.
International shipments that contain customs declarations are NOT excluded from coverage.
Loss, damage, shortage, or non-arrival of any parcel and its contents when it is obtained by trick, false pretense, or other fraudulent schemes.
Loss, damage, shortage arising out of loss of market, delay, loss of use, clean up costs, decay, inherent vise, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against.
War Exclusion / Atomic and Nuclear Exclusion: In no case shall this insurance cover loss damage or expense caused by (i) War, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power. (ii) Capture, seizure, arrest, restraint or detainment (piracy excepted), and the consequences thereof or any attempt thereat. (iii) Derelict mines, torpedoes, bombs, or other derelict weapons of war. In no case shall this insurance cover loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
Mechanical and Electrical Derangement – Loss of or damage due to mechanical, electrical, or electronic derangement unless there is evidence of external damage to the insured item or its packaging. Data files and installed computer programs are not covered for erasure, corruption, or loss.
AIMU Extended Radioactive Contamination Exclusion clause.
AIMU Chemical, Biological, Bio-Chemical, Electromagnetic, and Cyber Weapons Exclusion clause.
All parcels that are covered by this Certificate will be shipped in strict accordance with all regulations of the carrier and amendments thereto.
If a deductible exists, it will be deducted from the total claim amount. Deductibles are on a per package basis. The Insured is responsible for collecting any amounts from the Shipping Carrier that the Shipping Carrier may be liable for. Claims will be paid net of Shipping Carrier’s per package limitation.
Underwriters shall be liable for the invoice value of property lost, destroyed or damaged, however, in the event there is no invoice, underwriters shall be liable for the actual cash value of the property. Claims for repairs shall be payable for the fair market costs of such repairs.
In no event shall claims exceed the value declared prior to shipment and declared for premium purposes.
Underwriters are not responsible for any loss, damage, or shortage that is covered by another insurance policy or for carrier’s liability.
If other insurance or coverage is present on a shipment, Underwriters will only provide the excess coverage
All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of, released to the shipping carrier, or returned to the seller before a claim is completed. Failure to comply can result in the denial of the claim.
Concealed Damage – Allows for the discovery of loss or damage up to 15 days after final delivery. The loss is deemed to have possibly occurred during the insured transit. Discovery of loss or damage occurring 16 days or later after final delivery is deemed to have occurred while the shipment was NOT in transit, and therefore, is not covered.
The Insured will file immediate notice of non-delivery, damage, or shortage with the Shipping Carrier and with SHIPSURANCE. The Insured will complete a SHIPSURANCE claim form and provide all required documents to SHIPSURANCE within one hundred and twenty (120) calendar days from the date of shipment. If the carrier has liability and their remittance (carrier’s claim check and stub) or response has not been received by the Insured within the 120 day timeframe, all other claim paperwork must be received by SHIPSURANCE within one hundred and twenty (120) calendar days from the date of shipment. A complete claim submission includes a SHIPSURANCE claim form, a copy of the invoice or recent appraisal, photos of damaged goods and packaging, a repair estimate, signed claim statement by the recipient explaining loss or damage, and any other documentation requested by SHIPSURANCE. Failure to complete the claim form and follow all claim instructions could lead to non settlement of claim.
Shipments sent via the United States Postal Service (USPS) or consolidators:
If a claim is for loss the Insured must wait 20 calendar days (Domestic shipments) or 40 calendar days (International shipments) before filing a claim with SHIPSURANCE.
All damaged property that was not repaired must be made available (given) to SHIPSURANCE or INS if requested.
Once claim has been accepted and approved by the underwriters, prompt payment will be made to the Insured.
This Certificate shall be construed and interpreted in accordance with the laws of the State of California.
The parties agree that any and all claims or disputes arising out of the Certificate or the performance of the Certificate shall be brought in Los Angeles County, California.
The Insured agrees to INDEMNIFY AND HOLD HARMLESS SHIPSURANCE and Underwriters from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements as per this SHIPSURANCE certificate or as endorsed.
If any term or condition of this Certificate is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity or unenforceability of any such term or condition shall not affect the validity and enforceability of the remaining terms and conditions of this Certificate.
This Certificate constitutes the entire agreement between the parties with respect to the specific rights, duties, and obligations identified herein.
Every user of SHIPSURANCE Insurance through this coverage will be monitored for adverse claims experience. SHIPSURANCE reserves the right to disallow any user to purchase SHIPSURANCE insurance at any time with 10 days written, certified notice.
By purchasing shipping insurance online, you certify that all information provided is accurate and truthful. The submission of a false, fictitious, or fraudulent statement may result in imprisonment of up to 5 years and a fine of up to $10,000 (18 USC 1001). In addition, a civil penalty of up to $5,000 and an assessment of twice the amount falsely claimed may be imposed (31 USC 3802). Warning: any fraudulent claims will make the shipper and/or consignee liable for any prosecution for mail fraud under federal crime code.
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