Welcome to ZipSendr. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@ZipSendr.com.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the ZipSendr website, by sending you an email, and/or by some other means.
If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and usWhat about my privacy?
.The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@ZipSendr.com.What are the basics of using ZipSendr?
ZipSendr's Services allow you to find, compare, select and buy courier services for shipping documents and goods in town, nationally and internationally. You may use the Services to purchase postage from a third-party mail service or courier ("Courier") and ZipSendr will provide you with the appropriate evidence of postage, for example a shipping label, to use with your shipments. ZipSendr serves as an intermediary between you and your selected Courier. ZipSendr does not transport or deliver shipments and ZipSendr is not a party to any contract you form with a Courier to pick up, transport, or deliver your shipments.
You may be required to sign up for an account and select a password and username ("ZipSendr User ID"). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your ZipSendr User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are of legal age to form a binding contract (or if not, you've received your parent's or guardian's permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal, use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You will ensure that the information you supply to us in connection with purchasing postage or otherwise ordering Courier services is complete and accurate. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You're responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not use the Services, including without limitation contributing any Content or User Submission (each of those terms is defined below), or otherwise use the Services (or any Courier services) or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property rights or any other rights of anyone else (including ZipSendr or any Courier);
(b) Constitutes a breach of, or otherwise conflicts with, any Courier terms, rules, or policies, or your agreements with any Courier;
(c) Violates any law or regulation, including any applicable export control laws;
(d) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(e) Jeopardizes the security of your ZipSendr account or anyone else's (such as allowing someone else to log in to the Services as you);
(f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
(g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
(h) Runs Mail list, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
(i) "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);10.
(j) Copies or stores any significant portion of the Content;11.
(k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in ZipSendr?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including ZipSendr's) rights.
You understand that ZipSendr owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply – they do!Responsibility for Loss or Damage; Additional Coverage
You agree that the released value of each shipment tendered to ZipSendr using the Full-Service is no greater than $100 unless you specify a higher declared value, which is a reasonable value under the circumstances surrounding the transportation, and that ZipSendr shall not be liable for more than $100 for each such lost or damaged shipment unless you have purchased an additional level of loss or damage coverage through the ZipSendr app during the checkout process. Further, you agree that ZipSendr shall have no liability for the loss or damage of any shipment to be sent using the Self-Service Option unless ZipSendr offers and you have purchased a specified level of loss or damage coverage through the ZipSendr app during the checkout process. For clarity, any reimbursement for loss or damage hereunder may not exceed the total actual value of the original shipment, irrespective of the value declared or the maximum amount of loss or damage coverage purchased in the ZipSendr app. By declaring a value higher than $100 for a Full-Service shipment, or by declaring any value for a Self-Service shipment, you acknowledge that you may be required to pay some additional charge(s) at the rates set forth in the Services at the time of confirmation of a shipment to acquire loss or damage coverage up to the declared value. You may not declare a value in excess of $5,000 per shipment. If you declare a value in excess of what is permitted under this TOS, it is your sole responsibility to timely request an adjustment to cover any additional charges. If you fail to do so, you will be liable for all additional charges. A "shipment" as it is used in this section means all packages tendered for shipment in a single order or transaction, whether or not such order or transaction covers one or more discrete packages. Acceptance for shipment or receipt of payment for any shipment bearing a declared value above the limitations set forth herein does not constitute a waiver of any provisions of this TOS.
Subject to the foregoing limitations, ZipSendr's liability for loss or damage to a shipment shall be the lower of (a) the actual purchase price or (B) the reasonable cost of repair or replacement of the lost or damaged shipment, in each case as shown by reasonable supporting documentation.
Notwithstanding the foregoing, ZipSendr shall not be liable for loss or damage to any shipments which (collectively, "Excluded Shipments"):
1. are canceled by ZipSendr or by you pursuant to this TOS.
2. are to be sent by USPS First Class Mail International.
3. are to be sent by pre-paid postage labels.
4. are damaged or destroyed as a result of handling or inspection by customs.
5. are pre-packaged by you, and either (a) you have specifically requested that ZipSendr and its representatives not open, repackage, or otherwise handle except as necessary to deliver the shipment to a carrier, or (b) ZipSendr reasonably believes that you intend for the shipment to be delivered to the carrier "as is," without additional packaging or repackaging (the foregoing, collectively, "Pre-Packaged Shipments").
6. which are marked as "delivered" by the carrier.
7. which are lost or damaged as a result of a "force majeure" event or "act of God," including without limitation severe weather, war, or riot.Claims Procedure for Self-Service Shipments
If a Self-Service shipment is lost or damaged after it is tendered to the applicable third-party carrier, you may file a claim directly with such carrier. If ZipSendr offers and you have purchased a specified level of loss or damage coverage through the ZipSendr app during the checkout process, you may file a claim with our third-party claims administrator as described in our FAQ. Claims Procedure for Full-Service Shipments If a Full-Service shipment is lost or damaged while in ZipSendr's Possession, you may file a claim with ZipSendr for reimbursement. You may only file one claim per shipment. For damaged Full-Service shipments, all claims must be submitted within 30 days of the ship date for domestic shipments, and 60 days for international shipments. A claim filed directly with the carrier nullifies any such claim with ZipSendr for the same shipment. For purposes hereof, an item shall be deemed to be in "ZipSendr's Possession" from the point ZipSendr collects the item from you until the item reaches the end destination via one of our mailing partners. Any insurance must be purchased separately from an insurance provider.
For lost shipments that you report to ZipSendr, ZipSendr will conduct an initial investigation to locate lost packages, including by contacting any third-party carrier, the sender, or the recipient as necessary. If ZipSendr cannot locate the package within 10 business days, ZipSendr will send or electronically provide a "Loss Claim Form" to the sender to officially open the claim. If ZipSendr is able to recover a package, ZipSendr will return the package to the sender and reimburse you for the actual cost of shipping billed to the sender. If the services provide an expected delivery date, an initial claim may be filed as early as 48 hours after the expected delivery date for domestic shipments sent by UPS or FedEx, or 14 days after the expected delivery date for domestic shipments sent by USPS. Initial claims for loss of a shipment must be submitted within 1 month of the shipment date.
Supporting documents must be provided to ZipSendr within 30 days of receipt of a Loss Claim Form. The original receipt of the shipping label and an image or photograph of the damaged or non-delivered item may be required when filing a claim. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and the original packing must be available to us for inspection and retained until the claim is resolved. Written documentation (such as a receipt, invoice or quote for repair services) showing the actual purchase cost of the items or the reasonable cost to repair or replace such a lost or damaged item supporting the amount of a claim will also be required. All supporting documentation must be submitted within 30 days of claim initiation and maintained by the sender until the claim is resolved. If a lost item which is the subject of a claim is recovered during the claim process, the current claim shall expire, and within 30 days of such expiration, you may submit a subsequent claim for damage, if applicable, as set forth above.
Most claims are resolved within 10 to 14 business days; however, some claims have longer resolutions times due to the time required to investigate the claim.
ZipSendr shall take all reasonable efforts to resolve a claim as soon as is practical, provided that ZipSendr shall have at least 10 business days from the initial receipt of a claim to respond.
Your acceptance of reimbursement for a claim ("Resolution") will extinguish any other rights you may have for loss or damage the shipment which is subject to that claim, and if such shipment is recovered following Resolution, you acknowledge and agree that ZipSendr has no obligation to return such shipment to you or to pay you any additional amounts with respect to such shipment, and ZipSendr shall have the express right to reclaim or pick up such shipment from wherever the shipment is located.Referrals:
From time to time, ZipSendr may offer a referral program that enables you to earn credits redeemable for ZipSendr services by sharing a unique referral link provided to you by ZipSendr ("Referral Link") with your friends. For more information on how to join our referral program, please visit our referral FAQ page. Referral links may only be used for personal purposes and may not be used commercially.
To qualify for credits, the referred customer must be a new customer of ZipSendr and use your Referral Link to sign up for the Services. You may not collect referrals by:
1. self-referring by using multiple or false names, identities, accounts or email addresses;
3. posting on message boards, public forums, coupon sites or other online venues;
4. permitting another individual to use the referring customer's account;
5. referring fake people to ZipSendr, impersonating another person, or otherwise providing ZipSendr with false or misleading information;
6. using the Referral Link in any manner that is disparaging or that otherwise portrays ZipSendr in a negative light; or
7. referring customers in violation of any other restriction we impose on participants in our referral program in our discretion upon prior notice.
If ZipSendr determines in its sole discretion that there has been a violation of these terms, ZipSendr reserves the right to cancel or rescind any accrued credits and/or determine that either or both the referred customer and referring customer are ineligible to participate in this or future offers. Referring customers may also be liable for civil and/or criminal penalties under applicable law. ZipSendr reserves the right to void, verify or adjust credits at any time prior to or following posting and redemption.
By acquiring credits, you agree and acknowledge that ZipSendr is granting you a limited, revocable license to a digital item, and that the credits are not your personal property. Except as explicitly provided herein, your Referral Link and credits are non-transferable.
You are responsible for keeping track of the credits in your account and notifying us of any discrepancy. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed credits if the value exceeds certain thresholds.
Credits cannot be applied to previous shipments and are not redeemable for cash. This referral program is subject to restriction, modification, suspension or termination at any time upon notice to you in ZipSendr's sole discretion. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending this TOS, or posting a change to our referral program FAQ page. All credits are voided immediately upon termination of our referral program.Mobile Services:
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding ZipSendr and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. You agree that as part of the registration process, ZipSendr may request that you verify your mobile device via SMS. In the event you change or deactivate your mobile telephone number, you agree to promptly update your ZipSendr account information to ensure that your messages are not sent to the person that acquires your old number.Do I have to grant any licenses to ZipSendr or to other users?
to the extent it relates to User Submissions that are also your personally-identifiable information.
You hereby grant ZipSendr a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to provide and operate the Services. You agree that the license you grant is royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in User Submissions is not affected.
Finally, you understand and agree that ZipSendr, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connecting networks, devices, services, or media, and the foregoing licenses include the rights to do so.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services
What do I need to know about interacting with Couriers and other third parties through ZipSendr?
The Services may contain links or connections to Couriers or other third-party websites or services that are not owned or controlled by ZipSendr. Our display on or through the Services of delivery service options offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of us by any such Courier or any affiliation between any such Courier and us.
Our display of specific options does not suggest a recommendation by us of the Courier or its delivery options. You agree that we are in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Couriers. Your interaction with any Courier or other third party found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely at your own risk.
You agree that ZipSendr will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Courier or other third party or for any personal injuries, death, property damage, or other damages or expenses resulting in any manner from your interactions with any Courier.
You agree to abide by the terms or conditions of purchase imposed by any Courier with whom you elect to deal. The circumvention of a Courier's rules is prohibited. The use of prohibited practices may result in the termination of your account on the Services, the Courier taking actions including the cancellation of a service order, denied delivery, additional charges to your credit card, additional charges collected at the delivery or collection, or future invoicing.
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren't liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
If there is a dispute between participants on this site, or between users and Couriers or any other third party, you agree that ZipSendr is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ZipSendr, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."Prohibited Shipments; Limitations on Shipments.
You may not tender for shipment any of the following prohibited items ("Prohibited Items"):
1. Cash and currency.
2. Live animals, except as provided in the Live Animals and Ornamental Marine Life (Including Live Fish) section. (Edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided the shipper is in compliance with all local, state and federal laws.)
3. Animal carcasses. (Animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
4. Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
5. Shipments that require us to obtain a local, state or federal license for their transportation. Some examples are Prescription Drugs and Rx. Shipments that may cause damage or delay to equipment, personnel or other shipments
6. Lottery tickets and gambling devices where prohibited by law.
7. Hazardous waste. This includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste.
8. Hazardous materials of any sort.
9. Packages that are wet, leaking or emit an odor of any kind.
10. Live insects.
11. Items or commodities that are prohibited to either be possessed or shipped by applicable local, state or federal law.
12. Waste or garbage for disposal.
14. Alcohol or alcoholic beverages. (except as allowed by local, county, and state laws)
15. Flammable liquids or items of sort.
16. Any other items prohibited by law as detailed by our partners FedEx, UPS, USPS, DHL, or any of our other carrier partners.
You hereby represent and warrant that (i) none of your shipments contain any illegal, hazardous or Prohibited Items and (ii) you will comply with all applicable shipping laws, including 49 C.F.R. and federal Hazardous Materials Regulations. You agree to reimburse ZipSendr for any expenses or costs, including consequential damages, we or anyone else may incur as a result of a breach of the foregoing representation and warranty.We reserve the right, but have no obligation, to open and inspect your Full-Service shipment at any time, take photographs of the items in your Full-Service shipment for our internal use to provide the Services, and may permit and/or contact government authorities to carry out such inspections and seize shipments as they may consider appropriate.
We reserve the right to reject, suspend, or cancel the shipment or carriage of any Prohibited Items, or any shipment that ZipSendr believes may contain materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our service providers. We may or may not notify you of any of the foregoing and we are not responsible for and hereby disclaim any liability relating to any non-delivery of any items that are prohibited by this TOS or by law and any such items may be turned over to authorities, discarded, or returned to the sender (in each case in ZipSendr's sole discretion). You may request that ZipSendr and its agents or third-party business partners not open, remove packaging, or otherwise inspect your Pre-Packaged Shipment (defined herein). By doing so, you waive any right to reimbursement for loss or damage to your shipment, as further specified in this TOS. However, you acknowledge and agree that ZipSendr (and its agents or third party business partners) may take such actions with respect to your shipment, even if you request otherwise, if ZipSendr determines in its sole discretion that such action is necessary to assess compliance with this TOS or is otherwise required by applicable law or regulation.
You acknowledge and agree that you, and not ZipSendr, are solely responsible for your compliance with this TOS, including without limitation the AUP. ZipSendr is not liable for damage to your shipment (including a Pre-Packaged Shipment) or any harm to a person which results from your non-compliance with this TOS.You acknowledge that ZipSendr or its third-party representatives may reject, cancel, or suspend the shipment or carriage of any item tendered for shipment using the Full-Service option which exceeds the then-current size and weight limits for Full-Service shipments as described within the Service, or for which inaccurate or incomplete shipment information is provided (each, a "Non-Conforming Shipment") at any time. ZipSendr will notify you in the event that ZipSendr deems an item to be a Non-Conforming Shipment, and will retain such Non-Conforming Item at ZipSendr's local facility until (i) you have the Non-Conforming Shipment picked up from the designated ZipSendr facility during posted hours, (ii) you elect to have the Non-Conforming Shipment returned to you by a courier, or (iii) until 20 business days have passed since you tendered the Non-Conforming Shipment for shipment, at which time ZipSendr may discard or dispose of the item at its discretion.Will ZipSendr ever change the Services?
We're always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.How do I pay for ZipSendr Services?
You agree to pay all fees associated with the Service. ZipSendr's current standard pricing, which may be updated from time to time. You may be subject to alternate pricing as set forth on a separate order form ("order Form") or in some other written form accepted by ZipSendr. ZipSendr reserves the right to revise your pricing at any time by providing written notice to you. ZipSendr will send you an invoice detailing your orders and the applicable charges at the end of each week in which you place an order. For users with a high volume of orders, ZipSendr may send invoices more frequently. Once the invoice has been sent to you, you agree to pay ZipSendr and you authorize ZipSendr to charge the full invoice amount to the payment method you provide in your account information. If we are unable to charge the payment method you provide, you agree to pay all amounts due on your outstanding invoice(s) upon demand.
You must provide current, complete and accurate payment and billing information for your account. You must properly update all information to keep your account current, complete, and accurate (for example you must notify us of a change in billing address, credit card number, or credit card expiration date). Changes to such information may be made at https://ZipSendr.com. Failure to keep such payment method details current and accurate may result in ZipSendr's failure to collect applicable fees, and may result in the suspension or termination of your access to the Services.
You may request a refund of unused postage through ZipSendr, but such refunds are subject to the policies of the applicable Courier. If a Courier refuses to issue a refund, ZipSendr will not be responsible for refunding any postage amounts paid to such Courier. ZipSendr may, at its discretion, issue a refund of any fees paid in addition to the Courier's postage fees. If a refund is issued, it will be provided no earlier than 7 days after the order date. Any postage or fee refund claims must be filed within 30 days after the postage or order has been created.
ZipSendr shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and you must satisfy yourself as to whether any of these charges will become due, and if so in what amounts, before completing an order with us. If any such charges become due as a result of a carriage and/or delivery of a shipment on your behalf and are charged to us by any competent authority you agree to reimburse us fully in respect of the same within 7 days of our demand.
To the extent the Service or any portion thereof is made available for any fee, you will be required to provide ZipSendr information regarding your credit card or other payment instrument. You represent and warrant to ZipSendr that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for shipment, all charges for the shipment and any additional fees payable to ZipSendr ("Charges") will be charged to the credit card or other payment instrument associated with your account. You hereby authorize ZipSendr to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all Charges shall be those in effect at the time that an item is tendered for shipment and described in the Service, including through email or SMS messages sent by ZipSendr, on the Site or in any Mobile Services). The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. If you dispute any charges you must let ZipSendr know within sixty (60) days after the date that ZipSendr bills your payment instrument.
We reserve the right to change the amount of the Charges from time to time. If ZipSendr does change any of the Charges, ZipSendr will post the new rates to the Service, effective as of the posting date. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on ZipSendr's net income.
You, as a shipper, understand that you are responsible for providing accurate and complete shipment information to ZipSendr, including service selected, number, weight, descriptions (including designations such as "fragile," if such designations are permitted or requested through the Service) and dimensions of shipments. If any aspect of the shipment information is incomplete or incorrect as determined by ZipSendr in its sole discretion, the actual Charges applicable to such shipment may be more than what is quoted through the Service, and ZipSendr may, in its discretion, adjust the actual Charges accordingly and will notify the shipper of such adjustments. You authorize ZipSendr to charge the payment instrument associated with your account for the difference between the quoted and actual Charges upon notification. If the shipment has been canceled in accordance with this TOS prior to notification of the adjusted Charges, you acknowledge that additional charges may still apply.
You acknowledge that certain Charges may apply to shipments which are canceled (i) by ZipSendr or its third-party representatives because such item is a Prohibited Item, a Non-Conforming Item, or because the shipping information is incorrect or incomplete; or (ii) by you, for whatever reason, in each case even if the shipment is not handed over to a third party carrier prior to cancellation. Please see our FAQ for more information about Charges for canceled shipments.What if I want to stop using ZipSendr?
, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.
ZipSendr is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Upon deactivation of your account for any reason, you shall immediately pay to us all of your outstanding unpaid invoices. ZipSendr has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in the destruction of any Content associated with your account, so keep that in mind before you decide to deactivate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of ZipSendr.
If you have deactivated your account by mistake, contact us immediately at support@ZipSendr.com – we will try to help, but unfortunately, we can't promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.Apple-Enabled Software Applications.
ZipSendr may offer Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. ("Apple"), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, "Apple-Enabled Software"), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
ZipSendr and you acknowledge that this TOS is concluded between ZipSendr and you only, and not with Apple, and that as between ZipSendr and Apple, ZipSendr, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof. You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be ZipSendr's sole responsibility, to the extent it cannot be disclaimed under applicable law.
ZipSendr and you acknowledge that ZipSendr, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-EnabledSoftware infringes that third party's intellectual property rights, as between ZipSendr and Apple, ZipSendr, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
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.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to ZipSendr as follows: hello@ZipSendr.com
ZipSendr Inc. ATTN: Support 8000 Avalon Blvd, Suite 100, Alpharetta, GA 30009. ZipSendr and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.Third-Party Services:
However, please remember that the manner in which Third-Party Services use, store and disclose your information is governed solely by the policies of such third parties, and ZipSendr shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, ZipSendr is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third-Party Services, including usernames or shipping addresses. As such, ZipSendr is not liable for any damage, loss, or delay caused or alleged to be caused by or in connection with use of or reliance on any such Third-Party Services or information received from such Third Party Services. ZipSendr enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.What else do I need to know?
Warranty Disclaimer. Neither ZipSendr nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for (i) the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services, (ii) any failure or delay in purchasing postage or delivering shipments (including, without limitation, any failure or delay arising from the use of or inability to use any part of the Services), or (iii) the performance or non-performance by a Courier or any other provider of postage or delivery services arranged through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided "AS IS" and without any warranty of any kind from ZipSendr or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY ZipSendr (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ZipSendr (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ZipSendr IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (C) ANY ACTS, OMISSIONS, OR FAILURES OF A COURIER, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity:
To the fullest extent allowed by applicable law, You agree to indemnify and hold ZipSendr, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your violation of these Terms, and (c) your violation of a Courier's rules, policies, terms of service, or any agreement between you and a Courier. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without ZipSendr's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of Georgia, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Fulton County, Georgia, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Fulton County, Georgia. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ZipSendr ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the ZipSendr may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and ZipSendr agree that these Terms (including any applicable Order Form(s)) are the complete and exclusive statement of the mutual understanding between you and ZipSendr, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of ZipSendr, and you do not have any authority of any kind to bind ZipSendr in any respect whatsoever. You and ZipSendr agree there are no third party beneficiaries intended under these Terms.Shipping Policy:
Last Update: December 31, 2020
The Below Items are Restricted and Prohibited by ZipSendr. We will not transport the below items as per local conditions and laws or due to safety reasons.
Alcohol & Tobacco
Alcohol and tobacco deliveries may be limited to Alcohol & Tobacco or restricted in some markets.
Animals and regulated species - Animal parts, blood, or fluids; noxious weeds; prohibited seeds; plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law.
Child pornography - Pornographic materials involving minors, or content that can be perceived as pedophilia erotica.
Copyright media and software - Unauthorized copies of books, music, movies, and other licensed or protected materials including copies without proper attribution; and unauthorized copies of software, video games, and other licensed or protected materials, including OEM or bundled software, or other animal parts, blood, or fluids; noxious weeds; prohibited seeds; plants or other organisms (including product derivatives) in danger of extinction or whose trade is otherwise regulated by law.products enabling unsolicited email messages.
Counterfeit and unauthorized goods - Replicas or imitations of designer or other goods; items without a celebrity endorsement that would normally require such an association; fake autographs; currency; stamps, tickets; other potentially unauthorized goods.
Devices or techniques for unlocking technical protection measures - Modchips or other devices for circumventing technical protection measures on digital devices, including for unlocking iPhones.
Drugs and drug paraphernalia - Controlled substances, narcotics, illegal drugs, and drug accessories, including psychoactive and herbal drugs such as salvia and magic mushrooms and materials promoting their use; or legal substances, such as plants or herbs, in a manner that suggests ingesting, inhaling, extracting or otherwise using any substance or compound from the legal substance will provide the same effect as an illegal drug, compound or substance or that will provide unsubstantiated health benefits.
Gaming/gambling - Lottery tickets, sports bets, memberships/enrollment in online gambling sites, and related content. The promotion of offline brick and mortar casinos is allowed.
Hacking and cracking materials - Manuals, how-to guides, information, or equipment that violate the law by damaging or enabling unlawful access to software, servers, websites, or other protected property.
Human parts - Organs or other body parts; body fluids; stem cells; embryos.
Illegal/Stolen goods - Materials, products, or information promoting illegal goods or enabling illegal acts; goods you do not own or have the right to sell; goods produced in violation of a third-party's rights; smuggled goods and goods in violation of export, import or labeling restrictions; motor vehicles subject to transfer restriction; goods recorded on public registers (such as real estate) and whose transfer requires formalities that cannot be legally completed online. You (Postmates Customer) are solely and completely responsible for verifying that all items you sell are authentic and legal.
Illegal telecommunications equipment - Devices intended to obtain cable and satellite signals for free, cable descramblers and black boxes, access cards, access card programmers and unloopers, unlawful tools or products to modify cellular telephones, and other equipment deemed unlawful by the Federal Communications Commission (FCC) or other competent regulatory body in the country in which the goods are offered for sale.
Miracle cures - Unsubstantiated cures, remedies or other items marketed as quick health fixes.
Offensive goods - Goods, literature, products, or other materials that: Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors. Defame or slander any person or groups of people protected from defamation or slander by applicable law (such as the protection afforded to the royal family in some jurisdictions). Encourage or incite violent acts. Promote intolerance or hatredPromote or support membership in terrorist groups or other organizations prohibited by law. Promote revisionist theories prescribed by applicable law. Contravene public morality. Offensive goods, crime. Crime scene photos or items, such as personal belongings, associated with criminals or criminal acts.
Precious materials - Bulk sales of rare, scarce, or valuable metals or stones
Protected cultural items and artifacts - Material covered by the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or otherwise restricted by law from sale, export or transfer; Artifacts, cave formations (speleothems, stalactites, and stalagmites) and grave-related items that are protected under federal laws, such as The Federal Cave Resources Protection Act of 1988, and the Native American Grave Protection and Repatriation Act
Pyrotechnic devices and hazardous materials - Fireworks and related goods in markets where delivery of such goods are ; toxic, flammable, and radioactive materials and substances;gunpowder; explosives, gasoline, propane tanks.
Regulated goods - Airbags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; medical procedures; car number plates; police badges and law enforcement equipment; lock-picking devices; medical devices; pesticides and insecticides; postage meters; passive fitness equipment and electrostimulators; recalled items; slot machines; surveillance equipment that is primarily used to obtain unlawful interception of wire, oral, or electronic communications and/or to facilitate the unlawful view or recording of individuals; goods regulated by government or other agency specifications.
Traffic devices - Radar jammers, license plate covers, traffic signal changers, and related products
Weapons - Firearms, ammunition, and other items including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, silencers, ammunition, ammunition magazines, BB guns, and tear gas.
Wholesale currency - Discounted currencies or currency exchanges; currency backed by precious metals.
Primary & Secondary School/Underage Delivery - We have the right to refuse service to all users under 18 years of age. In addition, we have the right to refuse delivery to any locations in or around a primary or secondary school campus.
Misuse of Platform/Abuse - We have no tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees and/or Postmates (couriers). Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees and/or Postmates (couriers) will result in immediate irrevocable account termination without any refund. Threats to sue, slander, libel, etc., are all considered forms of abuse and will result in immediate irrevocable account termination without any refund.
Misc. Items - Prepaid cards, gift cards, passes, monetary collectibles (stamps, coins, etc.) all prohibited.Violations of Shipping Policy:
ZipSendr reserves the right to seek all remedies available for violations of the Shipping Policy, including without limitation, the right to revoke access to our service/platform.