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ShipPal terms of use
ShipPal® is an online marketplace that provides a collection of online services to people that post ads of the items they want to have shipped (“Advertisers”) and shipping companies (“Shippers”). These services include the hosting of shipment ads, price negotiation services, email services and other shipping related services ("the Service"). By using the Service in any form, you are accepting and agreeing to comply with the following terms of use (“the Terms”). If you do not agree to be bound by these Terms, you may not use or access our Service. We may amend the Terms at any time by posting the amended Terms on the site. You must review the Terms on a regular basis to keep yourself apprised of any changes. The current Terms are effective 1 March 2007. Registration on ShipPal is free to all persons who can enter into legally binding contracts. If you are registering as a business, you represent that you have the authority to bind that entity to the Terms. When registering a user account on ShipPal, you have to provide personal information and a password. You acknowledge that you are solely responsible for all actions taken under your user account and password and you shall only use the site using your own user account and password. You must use every effort to keep your password safe and should not disclose it to any other person.
You understand that all personal information, shipments ads, communications, price quotes, any other text, images, photos, links to any other independent sites, or any other materials (collectively, the “Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the user from whom such Content originated. Each user is entirely responsible for each individual item of Content that he or she posts, emails or otherwise makes available via the Service.
You acknowledge and accept that ShipPal does not control, pre-screen, approve Content posted by users and that ShipPal is not responsible for Content made available through the Service. ShipPal shall have the sole right, but not the obligation, to refuse or delete any Content that is available via the Service that violates the Terms or for any other reason.
You agree not to post, email, or otherwise make available Content:
- that violates any law, third party rights or is otherwise unlawful, harmful, hazardous, dangerous, threatening, abusive, harassing, defamatory or invasive of another's privacy;
- that is false, inaccurate, deceptive or misleading;
- that infringes any copyright, trademark or any other proprietary rights of any party;
- that constitutes or contains junk mail, spam or any other unsolicited commercial advertisement;
- that contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any other equipment;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
ShipPal operates only as a venue or online marketplace where Advertisers and Shippers can meet. ShipPal itself is not a Shipper, a broker or any other agent that interacts, represents or mediates on behalf of any user. The site only operates as a neutral, independent, technological platform.
All interactions or dealings between Advertisers and Shippers, including online and offline communications, payment, shipment and actual delivery of goods, are solely between the relevant parties. ShipPal is not a party to or involved in any interactions or dealings between the users. We have no control over and do not guarantee the quality, accuracy, safety or legality of shipments advertised, the ability of the Shipper to ship items safely, timely, legally and correctly. We cannot ensure that any user will complete a shipment.
ShipPal does not provide any endorsement for you, your ads, communications, or your services. You acknowledge and agree that we do not provide the services of Shippers and we are not in any way responsible for assisting you in any manner with the provision of shipping related services or dealings. ShipPal cannot and will not guarantee the ability of users to complete payment for any of the provided shipping services.
Due to the difficulty of individual authentication online, ShipPal cannot guarantee authentic verification or confirmation of the identity of the users. Any user should therefore make whatever independent investigation necessary or appropriate (including an in person or other close verification of the identity of the other party; the profile, regulatory compliance and the quality of the services provided by the Shipper; the level of insurance provided, etc) before proceeding with any online or offline transaction. The Advertiser and the Shipper are responsible for properly insuring their interactions and shipments.
As a Shipper, you must (i) provide accurate business details for your ShipPal Infopage, (ii) comply with all laws, regulations and licensing requirements that may apply to the provision of shipping and transportation services, (iii) have a valid license to operate the vehicle you are using, and (iv) provide adequate insurance for the items you ship.
As a Shipper, you must describe a clear price quote and all the terms of your services when completing the communication form in relation to a shipment shipment request. Your price quote may only include content relevant to the actual shipment shipment request. Unless clearly indicated otherwise by the Shipper, any price quote offered shall be considered VAT and other service charges included. If your price quote is accepted by the Advertiser, you are obligated to perform the services at the accepted price.
You agree that ShipPal shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interactions or dealings between Advertisers and Shippers. If there is a dispute between users, you understand and agree that ShipPal is under no obligation to become involved. In the event that you have a dispute with a user, you hereby release ShipPal, its parent, directors, employees, officers, agents and successors in rights from claims, demands and damages arising out of or in any way related to such disputes or the Service.
Using ShipPal is currently free to both Advertisers and Shippers.
ShipPal may change its fees at any time, and any change will be effective after the expiry of 7 days following the date of announcement on the ShipPal site (or such later date as we may notify). However, ShipPal may choose to temporarily change its fees for promotional events and such changes will be effective when they are announced on the site.
By using ShipPal, you agree to the collection, transfer, storage and use of your personal information by ShipPal, which is operated by Pacific Ventures bvba (the “data controller”), on servers located in the United States and in the European Union.
We collect and store the following personal information:
- email address, physical contact information, and sometimes financial information;
- login data, timestamps, statistics on page views, traffic to and from ShipPal and shipment request data;
- other information, including IP addresses of users, for safety reasons.
You can access and modify the information you provided ShipPal by logging-in to your account.
ShipPal may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, login data, timestamps and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Terms, respond to claims that any Content violates the rights of third parties, respond to claims that contact information of a third party has been used without their consent, protect the rights, property, or personal safety of ShipPal, its users or the general public.
You agree to receive marketing communications from ShipPal unless you tell us that you prefer not receive such communications.
You agree that ShipPal, in its sole discretion, has the right, but not the obligation, to delete or deactivate your ads, postings, user account, block your email or IP address, or otherwise terminate your access to or use of the Service, immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ShipPal believes that you have acted inconsistently with the letter or spirit of the Terms. You agree that ShipPal shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
The ShipPal site and the Service are protected to the maximum extent permitted by copyright laws and international treaties. Any reproduction, modification, creation of derivative works from or redistribution of the site or any portion thereof is prohibited. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the ShipPal site and the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
ShipPal® is an internationally registered trademark in different countries.
Although ShipPal does not claim ownership of Content that its users post, by posting Content on the site, you automatically grant, and you represent and warrant that you have the right to grant, to ShipPal an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content to provide the Service to the general public.
You agree that use of the ShipPal site and the Service is entirely at your own risk.
The ShipPal site and the Service are provided “as is” and as and when available, without any warranties of any kind. ShipPal disclaims any warranties for the security, reliability, accuracy of the ShipPal site and the Service to the fullest extent permitted by law.
Under no circumstances shall ShipPal be liable for direct, indirect, incidental, special, consequential damages or any other economic losses resulting from any aspect of your use of the ShipPal site or the Service. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
You agree to indemnify and hold ShipPal, its parent, directors, employees, officers, agents and successors in rights, harmless from any claim or demand, including reasonable legal fees and court costs, made by yourself or any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms or any other law or the rights of a third party.
ShipPal is owned and operated by Pacific Ventures, a privately held company based in Europe.
The Terms constitute the entire agreement between you and ShipPal and govern your use of the Service, superseding any prior agreements between you and ShipPal. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
The Terms and the relationship between you and ShipPal shall be governed by the laws of Belgium and you agree to submit to the personal and exclusive jurisdiction of the courts of Belgium. You agree that the Terms and your relationship with ShipPal may be automatically assigned by ShipPal, in our sole discretion, to a third party in the event of a merger or acquisition or any other event.
The failure of ShipPal to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms by email to: abuse (at) shippal.com.
We welcome your suggestions and feedback.
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