Terms of Service
Hello and welcome to Ship Zone LLC United States!
Ship Zone LLC Inc. (“Ship Zone LLC“, “we“ and “us“) is the operator of www.shipzones.com (“Website“) and my.shipzones.com (“Application”). The Website is designed to provide assistance to users (“User(s)“, “you“) in creating and managing shipments (“Shipment“). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service“). By creating an account on the Website (“Ship Zone LLC account“) or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service by accepting it represents you have read and understood the same.
The Terms of Service are accessible at any time on the following page of our Website shipzones.com/terms-and-conditions. You must read, agree with and accept all the terms and conditions contained in the Terms of Service, and our privacy policy contained in www.shipzones.com/privacy (“Privacy Policy“) prior to becoming an Ship Zone LLC user. If you do not accept any provision in our Terms of Service and/or Privacy Policy, you are not authorized to use this Website or our Services and shall immediately cease using this Website.
The Terms of Service represent a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) and Ship Zone LLC and its direct affiliates or subsidiaries, including the various different entities that Ship Zone LLC uses to operate locally in different countries.
1. Acceptance of Terms of Service
1.1. If you are entering into these Terms of service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms and Conditions “you“ or “your“ shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms and Conditions, you shall not accept the Terms and Conditions on behalf of such entity and you are not authorized to use this Website or the Services.
1.2. By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.
1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms and Condition. Ship Zone LLC endeavors to provide you with notice of any meaningful changes to the Terms of Service either through email or notification within the Ship Zone LLC platform, but Ship Zone LLC’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.
1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your Ship Zone LLC Account, and/or may take other legal action at our disposal.
1.6. The usage of any services not provided by us directly (including, without limitation, warehousing services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers, such as Carriers or carriers, with whom you or any of your affiliates may contract, regardless of the purpose. In addition to complying with this Agreement, you must abide by any contractual term in place between you and such third-party service providers.
2. Description of Services
2.1. For the purpose of these Terms of Service, “Services“ shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content“), and (c) Shipment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.
3. Prohibited products
3.1. The following are the types of products that, for everyone’s safety, you are prohibited to ship through Ship Zone LLC:
- Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
- Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
- Live plants and animals;
- Alcoholic beverages;
- Ammunition & firearms;
- Tobacco;
- Firearms and any kind of weapon;
- Prescription pharmaceuticals or other dangerous drugs;
- Explosive or hazardous products;
- Counterfeit items;
- Unique or one-of-a-kind materials; and
- Precious metals in the forms of bullion or reserves.
3.2. Ship Zone LLC shall not be liable for any loss, damage, destruction of such prohibited product.
3.3. In order to maintain the integrity of Ship Zone LLC Services and reputation, Ship Zone LLC will report any activities pertaining to shipping prohibited items to American law enforcement authorities and shipping partners.
4. General Conditions/ Access and Use of the Services
4.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles and interests in and to the Services and its components will remain with and belong exclusively to Ship Zone LLC. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without written consent of Ship Zone LLC; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Ship Zone LLC provides you or publishes in connection with the Services, and you shall promptly notify Ship Zone LLC if you learn of a security breach related to the Services.
4.2. You may not tender for shipment any of the prohibited items listed under the Clause 3.1. You grant Ship Zone LLC, and any authorized third parties the right to inspect your Shipment at any time. We reserve the right to reject or suspend the carriage of any item.
4.3. You will not use the Services to (or assist another person to):
- upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Ship Zone LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Ship Zone LLC or its users to any harm or liability of any type;
- interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
4.4. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services (“Your Content“). Ship Zone LLC reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant Ship Zone LLC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services and to improve Ship Zone LLC’s products and Services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. Ship Zone LLC has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose Your Content if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Ship Zone LLC, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that Ship Zone LLC may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
4.5. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Ship Zone LLC’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Ship Zone LLC will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
4.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, printers, hardware, servers, software, operating system, networking, web servers and internet Services (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in Ship Zone LLC’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
4.7. The failure of Ship Zone LLC to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and Ship Zone LLC, even though it is electronic and is not physically signed by you and Ship Zone LLC, and it governs your use of the Services and takes the place of any prior agreements between you and Ship Zone LLC.
4.8. Subject to the Terms of Service hereof, Ship Zone LLC may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. Ship Zone LLC might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general any time Ship Zone LLC consider it needed to carry on its Services.
4.9. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify Ship Zone LLC customer service at info@shipzones.com. In the event that the Shipment has already been handled over to any shipping company, courier, or mail service (“Carrier“), such changes may not become effective, or the Carrier may ask a fee to validate the change.
4.10. In the event that a Shipment is recalled and the Carrier does not provide the returned delivery to the sender address, the Shipment will be returned to Ship Zone LLC. You may choose to collect the Shipment, at your own expenses, at a designated location provided by Ship Zone LLC, or pay a return shipping fee, and Ship Zone LLC will ship it to your sender address. The Shipment will only be delivered to a local sender address. If you don’t collect the Shipment within thirty (30) days from the date the Shipment is returned to Ship Zone LLC, Ship Zone LLC will ship it to your sender address and charge the return shipping fee to your account.
4.11 Eligibility. To be eligible to use Ship Zone LLC Services under this Agreement, you must be at least 18 years old.
5. Account
5.1. In order to create an account with Ship Zone LLC, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information “) and will promptly update such Registration Information as necessary. Access to, and use of, the Ship Zone LLC Account is restricted to authorized users only.
5.2. You agree not to share your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the account(s). You agree to notify Ship Zone LLC immediately of any unauthorized use of your account. Ship Zone LLC shall not be liable for any unauthorized use of your account.
5.3. You may invite other users to share your account (“Invited Member“). However, you shall be responsible for the actions and activities by such Invited Member on your Ship Zone LLC Account.
6. Payment Authorization
THE CUSTOMER authorizes SHIPZONE to charge its Payment Method (including charging more than one Payment Method), directly or indirectly, for all fees, associated charges, and any other expenses due) (including applicable taxes) in connection with its account with SHIPZONE, including the amounts of Claim for Damages caused.
7. Payment of Fees
7.1.Fees
When you generate a shipping label with a Ship Zone LLC Carrier Account you will be charged the shipping cost, which shall include all costs related to the Shipment, quoted by Ship Zone LLC, including, but not limited to, transportation cost, fuel surcharge, import tax, commodity tax, value added tax, surtax, levy, countervailing and anti-dumping duties, import duty, remote area surcharge, residential surcharges, Carrier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through Ship Zone LLC (“Shipping Fees“). You acknowledge and agree that the Shipping Fees does not include any additional fees arising out of separate agreements with third-party service providers.
You may purchase an insurance coverage for your Shipments (“Insurance Fees“) through Ship Zone LLC.
You will pay any fees related to your purchase from Ship Zone LLC of any Products or Services, including, but not limited to, Taxes and Duties, Shipping Fees Discrepancies (“Additional Fees“).
Together, the Shipping Fees, Insurance Fees, Custom Fees, and the Additional Fees are referred to as the “Fees“.
7.2. Discrepancies
Quotations for Shipping Fees by Ship Zone LLC are based on the information provided by you, including, but not limited to, sender’s address, receiver’s address, weight, dimensions, and value of the items. In the event a shipping label is generated using a Ship Zone LLC Courier Account and there is a discrepancy between the Shipping Fees charged by Ship Zone LLC at the moment the User purchases a shipping label and the costs for the Shipment charged by Carriers to Ship Zone LLC due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, value of the item(s), addresses, declaration of residential address, or any other information critical to estimate Shipping Fees, you will be responsible for such discrepancy amount (“Shipping Fees Discrepancies“ or “Adjustments“). Ship Zone LLC specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Ship Zone LLC is not responsible for any changes or alteration of the Shipping Fees. Ship Zone LLC agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but Ship Zone LLC makes no representations or warranties regarding the amount of time needed to complete processing.
7.3. Account Balance
You must keep at least one valid payment method (“Authorized Payment Method“) on file with us to pay for all incurred and recurring Fees to your Ship Zone LLC Account (“Account Balance“). As Fees are incurred, any such amount will be charged to your Authorized Payment Method.
Shipping Fees, Insurance Fees and Additional Fees are billed at the moment a shipping label is generated, therefore the Services shall be considered as “pre-paid“. Shipping Fees are subject to change as set out in Section.
7.4 herein. In order to access our Services.
If we are not able to charge one of your Authorized Payment Methods we may try to charge any of the other Authorized Payment Methods saved on Ship Zone LLC. In case we are not able to collect the outstanding Fees we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable. You may not be able to access your Account during any period of suspension at which point you will be required to contact our support team at info@shipzones.com. If the outstanding Fees remain unpaid for ten (10) days following the date of suspension, you agree to deposit funds into your Ship Zone LLC Account using another payment method and update the Authorized Payment Method.
7.5. Currency fluctuations and exchange rates
Ship Zone LLC reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.
Ship Zone LLC will indicate which currency a transaction is being billed for, but Ship Zone LLC is not responsible for any fee or currency exchange rates charged to you by any third party payment provider.
7.6. Shipping Fee Disputes
In the event that you disagree with any Shipping Fees charged to your account, you shall submit such complaint to Ship Zone LLC within thirty (30) days of the fee being charged (“Dispute Period“). Ship Zone LLC will not review customer requests for Shipping Fees adjustments that are received after the Dispute Period.
7.7. Taxes
You acknowledge and agree that all fees, charges and any other rates or amounts charged by Ship Zone LLC to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes“) which may be levied in connection with the supply by Ship Zone LLC of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Ship Zone LLC to you.
Users who incorrectly declare the commodity type and/or value of their shipment(s) may be charged a penalty of US$ 100 or the difference between the declared value and the transactional value, which ever is higher.
7.8. Shipping Fee Refund
Users may cancel any paid and unused shipping label and request for a refund accordingly prior to a Shipment being processed. Ship Zone LLC will refund the Shipping Fee to the User Authorized Payment Method, within ten (10) days from the date the User has requested for such cancellation. In the event that the Shipment has already been shipped and sent over to the Carrier, such Shipment may not be cancelled and the User shall be billed for the full Shipment Fee and any other related fees thereof. In case a Shipment previously refunded to the User by Ship Zone LLC, is shipped by User, Ship Zone LLC will bill and charge User for the related Shipment Fees.
7.9. Others
You are responsible for all applicable Taxes that arise from or as a result of your purchase of Ship Zone LLC Services. To the extent that Ship Zone LLC charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged Taxes by Ship Zone LLC, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to Ship Zone LLC under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Ship Zone LLC to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Ship Zone LLC shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
8. Intellectual Property
8.1 ShipZone Property
For purposes of this Agreement, “Ship Zone LLC Property“ shall mean (a) Ship Zone LLC’s methodology for the provision of Services; (b) the Developer Tools; and (c) Ship Zone LLC’s ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Ship Zone LLC hereby retains all worldwide right, title and interest in and to the Ship Zone LLC Property. Any rights not expressly granted herein to the Ship Zone LLC Property shall be retained by Ship Zone LLC. You acknowledge that all right, title and interest to the Ship Zone LLC Property is owned by Ship Zone LLC.
8.2. Additional Restrictions
Other than as permitted herein, you shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Ship Zone LLC Property, or otherwise attempt to discern the functioning or operation of the Website or Services; or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Ship Zone LLC and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by Ship Zone LLC through our merchant Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to shipzones.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to Ship Zone LLC or the Services, or display them in any manner that implies Ship Zone LLC sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper or other automated means to access the Ship Zone LLC Website or Services for any purpose without Ship Zone LLC express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures Ship Zone LLC may use to prevent or restrict access to the Ship Zone LLC Website or the Services.
8.3. Client Property
All materials provided by you under any shall be deemed “Client Property“ for purposes of the Agreement. You hereby grant to Ship Zone LLC a non-exclusive license to the Client Property solely as needed to provide the Services. No other licenses, express or implied, under any intellectual property rights are granted by you to Ship Zone under these Terms of Service.
9. Confidential Information
9.1. Definition
Each party (“Recipient“) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of Service and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party (“Discloser“) that is marked, labelled or otherwise designated as confidential or proprietary, or that Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.
9.2. Exclusion
Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by Recipient without restriction from a third party, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser’s Confidential Information, or (f) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.
9.3. Non-transactional Confidential Information
Other than transaction information absolutely required for Ship Zone LLC to provide, or for you to use the Services, Ship Zone LLC does not require nor desire any of your proprietary information (“Non-transactional Confidential Information “). You agree not to provide Ship Zone LLC with any Non-transactional Confidential Information including, but not limited to, prototypes of new products, without Ship Zone LLC express prior written consent. In the event that you send such Non-transactional Confidential Information to Ship Zone LLC without Ship Zone LLC prior written consent, then Ship Zone LLC shall not be obligated to treat such information as Confidential Information.
9.4. Standard of Care
Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.
9.5. Aggregate Use
Subject to the Terms of Service herein, you hereby acknowledge and agree that Ship Zone LLC may compile aggregate results from all of, or a selection of your use of the Services, provided that Ship Zone LLC shall not disclose any information that would individually identify you (“Aggregate Information“). Such Aggregate Information shall be deemed to be Ship Zone LLC’s Confidential Information. You also hereby agree that Ship Zone LLC may review and use your individual use of the Services in order to provide Services to you, to evaluate Ship Zone LLC provision of the Services, and to improve Ship Zone LLC Services offerings.
9.6. Privacy Policy
Ship Zone LLC believes in protecting your privacy. Any information you provide to us or input on the Website as set out above will be used in accordance with our privacy policy found in this page (shipzones.com/privacypolicy) (“Privacy Policy“). We do not sell, rent, or otherwise disclose your Confidential Information to a third party, without your consent or as permitted by the Privacy Policy.
10. Indemnification
You agree to indemnify and to hold harmless Ship Zone LLC, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms of Service. Upon requesting for our Service, you agree to indemnify and hold harmless Ship Zone LLC from any and all claims of third party Carriers for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not Ship Zone LLC accepts such order.
11. Disclaimers
11.1. As Is
Ship Zone LLC endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an “as is“ and “as available“ basis. Ship Zone LLC and Ship Zone LLC suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement for the services, the Website and any third party services. The use of the Services, Website, or third party services shall be at your own risk.
11.2. No Continuous Access
Ship Zone LLC does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. Ship Zone LLC will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but Ship Zone LLC makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays caused by third parties. Ship Zone LLC is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any of the Website’s features, at any time with or without notice to you.
11.3. Others
You understand that Ship Zone LLC does not inspect your goods nor does Ship Zone LLC take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that Ship Zone LLC is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through Ship Zone LLC.
12. Limitation of Liability
12.1. Third-Party Liability
By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose. We simply connect you with shipping partners with whom you enter into a contract for the carriage of goods. As a courtesy, but without any obligation on our part, we may assist relaying claims information to the shipping partner but any notice of claim should be sent directly to the shipping partner you hired within the timelines required by law or by the shipping partner’s contractual terms. In the event that you decide to provide us with a copy of any notice of claim/loss, you must send it in a manner that ensures we receive it within 3 days of the goods’ arrival at the destination indicated on the document of transport or from the day the goods were expected to arrive.
12.2. Waiver of Consequential Damages and Limitation of Liability
In no event shall Ship Zone LLC be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall Ship Zone LLC liability under this agreement exceed the monies paid or payable by you to Ship Zone LLC for the applicable services excluding carrier fees or other third party fees (“Damages Cap“). In the event of an unauthorized transaction by a Ship Zone LLC employee or agent, Ship Zone LLC is only liable for the Damages Cap. Ship Zone LLC must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Ship Zone LLC.
12.3. Declaration and Accurate Information
You are responsible to provide complete and accurate information in respect of the Shipment, including, but not limited to, the item category and customs value of the Shipment. Ship Zone LLC shall be deemed not to have received any carriage value declared by you. Any carriage value shall be declared directly to the third party Carrier and in a manner complying with the third party Carrier’s contractual terms. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Ship Zone LLC for and hold Ship Zone LLC harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Ship Zone LLC shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Ship Zone LLC is in no way responsible for any damages, losses due to custom practice. Ship Zone LLC shall not be liable for the accuracy and truthfulness of the information provided by you.
12.4. Import Taxes and Duties
When you generate a Shipment using a Ship Zone LLC Carrier Account you acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties“), will be of the receiver’s sole responsibility. Ship Zone LLC shall not be liable for any discrepancies between the Shipping Fees by Ship Zone LLC and any local fee, or additional delivery fee charged to the receiver.
In the event that you generate a Shipment using a Ship Zone LLC Courier Account, and wish to avoid the receiver for being charged any additional fee, you may send an email, in which you agree to pre-pay the Taxes and Duties in respect of the receiving country at the time you purchase the shipping labels.
12.5. Customs
Ship Zone LLC shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Ship Zone LLC shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
12.6. Service provided by Carrier.
Ship Zone LLC is a technology platform that connects shippers and Carriers/carriers. In no circumstances will Ship Zone LLC be liable for any Services or information provided by any Carrier, neither in the case of shipments generated using a Ship Zone LLC Carrier Accounts. Under no circumstances Ship Zone LLC will be held responsible or liable for any damage, destruction, loss, late delivery of Shipment, failures in handling in shipments to Carriers, failed or late shipment collection by Carrier, or any issues with tracking updates, for any Carrier, also Ship Zone LLC is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Carrier). Ship Zone LLC is not liable for the delivery time information shown on the Website.
For Further information in regards to Ship Zone LLC Courrier accounts you can refer to the following links which will redirect you to the terms and conditions of each Carriers website.
12.7. Other
Ship Zone LLC is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Ship Zone LLC. Ship Zone LLC is not liable for any delay in the generation of shipping documents.
13. Termination
You have the right to terminate your account at any time by sending a cancellation request to info@shipzones.com. Subject to earlier termination as provided below, Ship Zone LLC may terminate your account and these Terms of Service at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, Ship Zone LLC may also terminate these Terms of Service upon thirty (30) days’ notice (or ten (10) days in the case of non-payment), if you breach any of the Terms of Service or conditions of these Terms of Service. Also, Ship Zone LLC reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, Ship Zone LLC may store all of Your Content on the Services (if any), or it may be permanently deleted by Ship Zone LLC, in its sole discretion.
14. Disputes
Please note, while disagreements sometimes arise, Ship Zone LLC wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution, you can send an email to info@shipzones.com. If you feel an escalation is merited regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
15. Governing Law
These Terms of Service shall be governed by the laws of the Province of Ontario and any federal laws applicable therein.
14.1 Arbitration
All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, will be finally resolved by arbitration under the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The Seat of Arbitration will be Toronto. The language of the arbitration will be English.
16. General Provisions
16.1. Severability
If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their Terms of Service.
16.2. No Waiver
Failure or delay of Ship Zone LLC to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
16.3. Notices to You
You agree that Ship Zone LLC may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you login to your account, or mailing it to the street address listed in your account. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is posted to our Website or emailed to the email address listed in your account. Ship Zone LLC reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
16.4. Assignment
You may not transfer or assign any rights or obligations you have under this Agreement without Ship Zone LLC prior written consent and any attempted assignment without that consent will be void. Ship Zone LLC reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service shall be binding on and inure to the benefit of the parties’ successors and assigns.
16.5. Attorneys’ Fees and Costs
Ship Zone LLC shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms of Service.
16.6. Force Majeure
Ship Zone LLC shall not be liable for any delays or inability to perform the Services caused by forces beyond Ship Zone LLC control including, without limitation, acts of God or acts of third party Service providers, including, but not limited to, carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, or any reason beyond Ship Zone LLC control, or because of loss or destruction of goods for which Ship Zone LLC is not liable, or because of any other excuse provided by law, Ship Zone LLC shall not be liable for failure to carry out such instructions.
17. Export Service Conditions
In order to offer a qualified and quality service to our customers, Liberty Express offers its Export service, for this, we make available to the interested party our Terms of Service. Thus, we invite you to get to know them and if you have any questions, consult with SHIPZONE.
As a customer (sender or recipient) you should know that at the time of registration and submission you accept and agree to the following Terms of Service:
17.1 The contents of the document(s) and/or package(s) that travel covered by the guide(s) are legal, freely transportable and do not represent a danger in their handling or transport. Consequently, the shipper(s) named in the indicated waybill(s) undertakes to respond to SHIPZONE, as well as to the corresponding authorities or third parties, in the event that this shipment causes any direct or indirect damage. CUSTOMER understands and agrees that civil and criminal penalties, including charges of forgery and sale, for making false or fraudulent statements; for violation of any of the export laws of the United States, including, but not limited to, 13 U.S.C. Sec. 305; 22 U.S.C. Sec. 401; 18 U.S.C. Sec. 1001; and 50 U.S.C. App. 2410; or for violation of the export laws of other countries
17.2 The delivered container is properly packed according to the characteristics of its contents, allowing safe handling and transport. Otherwise, the sender(s) named in the waybill(s) totally excludes SHIPZONE from liability, as well as the obligation to make any compensation in the event of any shortage or deterioration.
17.3 SHIPZONE undertakes to make every effort to transport the container(s) with reasonable punctuality. The delivery times offered, on social media or any other publication are not guaranteed as to their compliance as they may vary for reasons of supervening force majeure, security or other extraordinary circumstances.
17.4 SHIPZONE will take all reasonable and feasible measures to avoid delays in the transport of its containers.
17.5 SHIPZONE will not be liable for undeclared or hidden items or items with special conditions that the customer did not declare.
17.6 All identification data and addresses indicated and registered in the guide(s) are correct and complete, therefore, the CONTRACTED COMPANY is not responsible in the event that the shipment is returned because it has not been possible to deliver it to the recipient who refuses to receive or pay for it, or when the address is wrong or insufficient. If the aforementioned case is configured, the container will be placed in a state of abandonment and if for any reason the delivery of the same is requested by THE CONSIGNEE or RECIPIENT, the cost is borne by the APPLICANT, who is obliged to pay the freight under the current rate and corresponding storage.
17.7 The Client must register in our database and must do so only once, per country of origin, in order to avoid problems in assigning guides, registrations and others that may arise due to registration.
17.8 In the case of the shipment of a new product, THE CONTRACTOR undertakes to attach the tax invoice, as this could be requested for inspection by national or international authorities during transit to its destination.
17.9 The value of the shipment declared by the CONTRACTOR(S) is in legal tender, and up to the maximum amount of responsibility of the container safekeeping service. Therefore, in case of loss, robbery, theft, suffered on the occasion of the SHIPZONE service, you will not be liable for more than the amount paid for the shipment. Thus, the CONTRACTING party accepts that SHIPZONE will have limited liability to the value of the shipping costs, under the limits reported for the service or value declared. If any of the events described above occur, the CONTRACTED COMPANY will indemnify as indicated, and in no case with the replacement of the property subject to compensation.
17.10 In the event that changes are required in the data provided by THE CONTRACTOR for the registration of the guide, it must do so before its package(s) have been placed in Customs for its destination, otherwise it will be delivered to the address and with the data registered for the time of its arrival at the warehouse
17.11 Once the container has arrived at its destination, THE CONTRACTOR has a period of 30 continuous days to remove them. If it is not removed, the container will be declared abandoned and will be removed from our inventory.
17.12 At the time of picking up the merchandise, the customer must bring their identification and the tracking number(s). In case of sending to a third party, the third party must carry an original letter of authorization along with a copy of the identification of the recipient and the authorized party. The letter must contain the personal data of the client and his/her authorized person (full name and identity card), the Guide number to be picked up and the original signature of the client in wet ink (it cannot be scanned or digitized).
17.13 Once containers are received and checked in at our agencies, no refunds will be made as they will be in the process of being shipped.
17.14 The customer can only make payments directly to accounts that are in the name of SHIPZONE. Otherwise, SHIPZONE is not responsible for them and reserves the right to deliver the container associated with the payment.
17.15 If payment is made by deposit or bank transfer, it must be notified to the corresponding area for its application in the system. Once the application is displayed, the container can be removed.
17.16 The CONTRACTED COMPANY shall not be liable for any delay arising from any circumstance, beyond its control.
17.17 Both parties assume that the goods indicated in the Single Table are restricted from being moved.
17.18 We are responsible for damaged goods, as long as they have the appropriate packaging.
17.19 The CONTRACTOR understands and accepts that the rates are subject to changes and modifications that are constantly being observed, the aforementioned changes are published and disseminated through our means of communication accessible to the public, therefore, the CONTRACTOR must pay the most updated rate depending on the type of service contracted and at the time of picking up your package.
SHIPZONE is not responsible for circumstances beyond its control such as:
Hurricanes | Shoot | Natural events of catastrophic magnitude | Plane or shipping accidents, such as: The act of public enemies (pirates) |
Earthquakes. | Explosion | Detention or seizure by a sovereign, authorities or peoples, or judicial seizure | The Quarantine Restriction |
Floods | Fire, unless caused by the act or fault of the carrier | Strike and work stoppage | The act or omission of the shipper |
Cyclones, winds and storms | The Rescue | Riots or civil disturbances | The nature and vice of the commodity |
Insufficient or defective packaging of the cargo, carried out by a person other than the carrier or any of its dependents or agents | Insufficiency or imperfection in markings | Defects in the seaworthiness of the vessel that are beyond the due | Diligence and, in general, for any other reason beyond the carrier’s or its dependents |
Terrorism | Electrical or magnetic damage | Fission or nuclear fusion | Ionizing radiation or radioactive contamination |
War, invasion, acts of foreign enemies, hostilities, or warlike operations (declared or undeclared) | Guerrilla War, Civil War, Military Power the usurpation of power. Martial law the state of siege | General Strikes (legal or not) | Import Prohibition or Act of the public authority executed in connection with the entry, exit or transit of cargo |