Terms of Service
Last updated on October 6, 2016
1. Acceptance of Terms.
1.1. Shyp, Inc. (“Shyp”, “we” or “us”) provides its Service (as defined below) to you, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Services or our website located at shyp.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS 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 this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2. We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOS.
1.4. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Shyp of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Shyp will not be liable for any loss or damage arising from your failure to comply with this section.
1.6. You may have the option of creating a unique username (“Username”) which permits other users to send shipments to you without needing to import or otherwise input your shipping information. By creating a Username, you agree and acknowledge that other users of the Service will have access to your full name and your city and state of residence. It is your responsibility to determine whether you should create a Username, and you agree that Shyp shall have no obligation or liability with respect to third party access to or use of your personal information as described above.
2. Description of Service.
The “Service(s)” includes (a) the Site, (b) Shyp’s packaging and shipping services, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS. The packaging and shipping services are further described in the FAQ available at https://shyp.zendesk.com/hc/en-us, and may include, from time to time (i) a “Full-Service” option including shipment pick up by a Shyp courier, package delivery to the applicable third party carrier, and optional packaging services, and (ii) a “Self-Service” option permitting a shipper to arrange shipment with one of Shyp’s third party carrier partners, without courier pick-up, package delivery to the applicable third party carrier, or packaging services provided by Shyp.
3. 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 Shyp 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, Shyp 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 Shyp account information to ensure that your messages are not sent to the person that acquires your old number.
4. General Conditions/ Access and Use of the Service.
4.1. Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Shyp. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party; (b) use the Service 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 Service or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Shyp provides you or publishes in connection with the Service, and you shall promptly notify Shyp if you learn of a security breach related to the Service. Additionally, Shyp partners with third party carriers to provide the Service. Accordingly, shipment of your items will also be governed by the terms and policies of our carrier partners, including, but not limited to FedEx, UPS, USPS and DHL (and any other terms and policies set forth on our carrier partners’ respective websites) and you agree to comply with such terms and policies . We shall not have any liability or responsibility for the actions of any third party carrier that may provide shipping services for us in connection with the Service.
4.2. In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with Shyp’s acceptable use policy (“AUP”), as described in this section. You will not use the Service to (or assist another person to):
a) upload or transmit any content or materials 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; (vi) in the sole judgment of Shyp, is objectionable, knowingly false, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Shyp or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
4.3. Any software that may be made available by Shyp in connection with the Service, including without limitation the bookmarklets or plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Shyp hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Shyp for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Shyp or any third party is granted to you in connection with the Service.
4.5. You understand that the operation of the Service, 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 Shyp’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Shyp 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, hardware, servers, software, operating system, networking, web servers and internet service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Shyp’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 Shyp to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Shyp, even though it is electronic and is not physically signed by you and Shyp, and it governs your use of the Service and takes the place of any prior agreements between you and Shyp.
4.8. Subject to the terms hereof, Shyp may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
5. Prohibited Shipments; Limitations on Shipments.
5.1. You may not tender for shipment any of the following prohibited items (“Prohibited Items”):
Cash and currency.
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.)
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.)
Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
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.
Lottery tickets and gambling devices where prohibited by law.
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.
Packages that are wet, leaking or emit an odor of any kind.
Items or commodities that are prohibited to either be possessed or shipped by applicable local, state or federal law.
Waste or garbage for disposal.
Alcohol or alcoholic beverages.
Any other items prohibited by law as detailed by our partners FedEx, UPS, USPS, DHL, or any of our other carrier partners.
5.2. 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 Shyp 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.
5.3. 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 Shyp 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 Shyp’s sole discretion). You may request that Shyp 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 Shyp (and its agents or third party business partners) may take such actions with respect to your shipment, even if you request otherwise, if Shyp 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 Shyp, are solely responsible for your compliance with this TOS, including without limitation the AUP. Shyp 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.
5.4. You acknowledge that Shyp 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. Shyp will notify you in the event that Shyp deems an item to be a Non-Conforming Shipment, and will retain such Non-Conforming Item at Shyp’s local facility until (i) you have the Non-Conforming Shipment picked up from the designated Shyp 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 Shyp may discard or dispose of the item at its discretion.
6.1. To the extent the Service or any portion thereof is made available for any fee, you will be required to provide Shyp information regarding your credit card or other payment instrument. You represent and warrant to Shyp 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 Shyp (“Charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize Shyp 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 Shyp, 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 Shyp know within sixty (60) days after the date that Shyp bills your payment instrument. We reserve the right to change the amount of the Charges from time to time. If Shyp does change any of the Charges, Shyp 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 Shyp’s net income.
6.2. You, as a shipper, understand that you are responsible for providing accurate and complete shipment information to Shyp, 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 Shyp in its sole discretion, the actual Charges applicable to such shipment may be more than what is quoted through the Service, and Shyp may, in its discretion, adjust the actual Charges accordingly and will notify the shipper of such adjustments. You authorize Shyp 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.
6.3. You acknowledge that certain Charges may apply to shipments which are canceled (i) by Shyp 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.
7. Apple-Enabled Software Applications.
Shyp offers 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:
Shyp and you acknowledge that this TOS is concluded between Shyp and you only, and not with Apple, and that as between Shyp and Apple, Shyp, 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 Shyp’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Shyp and you acknowledge that Shyp, 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-Enabled Software infringes that third party’s intellectual property rights, as between Shyp and Apple, Shyp, 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 Shyp as follows:
Shyp Inc. ATTN: Support 585 Howard Street, Floor 3, San Francisco, CA 94105
Shyp 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.
8. Third Party Services.
In addition, Shyp 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 user names or shipping addresses. As such, Shyp 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. Shyp enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
9. Representations and Warranties.
You represent and warrant to Shyp that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Shyp to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) your shipments do not contain any Prohibited Items or otherwise violate the AUP; (iv) Your Content and other activities in connection with the Service, and Shyp’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and v) you are eighteen (18) years of age or older.
You have the right to terminate your account at any time by sending a cancellation request to firstname.lastname@example.org. Subject to earlier termination as provided below, Shyp may terminate your Account and this TOS 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, Shyp may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS. Also, Shyp may terminate this TOS immediately without notice if you violate any provision of the AUP, as determined in Shyp’s sole reasonable discretion. Shyp reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Except as provided above, upon any termination of your account, Shyp may store all of Your Content on the Service (if any), or it may be permanently deleted by Shyp, in its sole discretion. If Shyp terminates your account without cause and you have signed up for a fee-bearing service, Shyp will refund the pro-rated, unearned portion of any amount that you have prepaid to Shyp for such Service. However, all accrued rights to payment and the terms of Sections 4-22 shall survive termination of this TOS.
11. DISCLAIMER OF WARRANTIES.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Shyp or by third-party providers, or because of other causes beyond our reasonable control, but Shyp shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE, SOFTWARE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SHYP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SHYP DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SOFTWARE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SHYP OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
12. LIMITATION OF LIABILITY.
12.1. EXCEPT AS PROVIDED IN SECTION 14, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SHYP BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE LAST SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
12.2. Some states do not allow the DISCLAIMER OR exclusion of CERTAIN warranties or the EXcLUSION OR limitation of liability for incidental or consequential damages, which means that some of the above limitations and DISCLAIMERS may not apply OR BE ENFORCEABLE WITH RESPECT to you, and IN SUCH CASE, SHYP’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH APPLICABLE LAW. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS 11 and 12 are INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF Sections 11 or 12 IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF Sections 11 and 12..
You shall release, defend, indemnify, and hold harmless Shyp and its directors, officers, employees, agents, licensors, affiliates, successors and assigns (each, an “Indemnitee”) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS (including but not limited to your representations and warranties in Section 5.2), any of Your Content, or your other access, contribution to, use or misuse of the Service. Shyp shall provide notice to you of any such claim, suit or demand. Shyp reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Shyp’s defense of such matter. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you 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 favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
14. Responsibility for Loss or Damage; Additional Coverage.
You agree that the released value of each shipment tendered to Shyp 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 Shyp 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 Shyp app during the checkout process. Further, you agree that Shyp shall have no liability for the loss or damage of any shipment to be sent using the Self-Service Option, unless Shyp offers and you have purchased a specified level of loss or damage coverage through the Shyp 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 Shyp 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 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, Shyp’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, Shyp shall not be liable for loss or damage to any shipments which (collectively, “Excluded Shipments”):
are canceled by Shyp or by you pursuant to this TOS.
are to be sent by USPS First Class Mail International.
are to be sent by pre-paid postage labels.
are damaged or destroyed as a result of handling or inspection by customs.
are pre-packaged by you, and either (a) you have specifically requested that Shyp and its representatives not open, repackage, or otherwise handle except as necessary to deliver the shipment to a carrier, or (b) Shyp 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”).
which are marked as “delivered” by the carrier.
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.
15. 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 Shyp offers and you have purchased a specified level of loss or damage coverage through the Shyp app during the checkout process, you may file a claim with our third-party claims administrator as described in our FAQ.
16. Claims Procedure for Full-Service Shipments
If a Full-Service shipment is lost or damaged while in Shyp’s Possession, you may file a claim with Shyp 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 Shyp for same shipment. For purposes hereof, an item shall be deemed to be in “Shyp’s Possession” from the point Shyp 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 which you report to Shyp, Shyp will conduct an initial investigation to locate lost packages, including by contacting any third party carrier, the sender, or the recipient as necessary. If Shyp cannot locate the package within 10 business days, Shyp will send or electronically provide a “Loss Claim Form” to the sender to officially open the claim. If Shyp is able to recover a package, Shyp 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 Shyp 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 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. Shyp shall take all reasonable efforts to resolve a claim as soon as is practical, provided that Shyp shall have at least 10 business days from 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 Shyp has no obligation to return such shipment to you or to pay you any additional amounts with respect to such shipment, and Shyp shall have the express right to reclaim or pick up such shipment from wherever the shipment is located.
From time to time, Shyp may offer a referral program which enables you to earn credits redeemable for Shyp services by sharing a unique referral link provided to you by Shyp (“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 Shyp and use your Referral Link to sign up for the Services. You may not collect referrals by:
self-referring by using multiple or false names, identities, accounts or email addresses;
referring anyone who is an existing Shyp customer, including an existing customer with an account under an alternate email address;
posting on message boards, public forums, coupon sites or other online venues;
permitting another individual to use the referring customer’s account;
referring fake people to Shyp, impersonating another person, or otherwise providing Shyp with false or misleading information;
using the Referral Link in any manner that is disparaging or that otherwise portrays Shyp in a negative light; or
referring customers in violation of any other restriction we impose on participants in our referral program in our discretion upon prior notice.
If Shyp determines in its sole discretion that there has been a violation of these terms, Shyp 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. Shyp 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 Shyp 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 Shyp'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.
At Shyp’s or your election, all disputes, claims, or controversies arising out of or relating to the TOS or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the TOS. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the TOS and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the TOS, and each party hereby irrevocably waives any claim to such damages. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing party) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Shyp changes this ‘Arbitration’ section after the date you first accepted these TOS (or accepted any subsequent changes to these TOS ), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Shyp’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Shyp in accordance with the provisions of this section as of the date you first accepted this TOS (or accepted any subsequent changes to this TOS).
19. U.S. Government Matters.
You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Shyp on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this TOS and will be prohibited except to the extent expressly permitted by the terms of this TOS.
You may not assign this TOS without the prior written consent of Shyp, in which case, Shyp may charge a transfer fee. Shyp may assign or transfer this TOS, in whole or in part, without restriction.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Shyp in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms may change from time to time in accordance with Section 1.2, and when you agree to use the Services, you consent to the then-applicable TOS.
20. Governing Law.
This TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Shyp in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located within San Francisco, California for the purpose of resolving any dispute relating to your access to or use of the Service.
Questions? Concerns? Suggestions?