Terms and Conditions
Last updated on: March 11, 2019
By signing up for, or using the InstantShip services or any of the services of InstantShip Inc. or its affiliates (“InstantShip”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by InstantShip under the Terms of Service include various products and services to help you get discounted shipping labels from different service providers, including but not limited to USPS® (“United States Postal Service”), UPS® (“United Parcel Service”), FedEx® ("FedEx Corporation") and DHL®. Any such services offered by InstantShip are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://instantship.me/index.php?rp=/knowledgebase/2/Terms-of-Service.html. InstantShip reserves the right to update and change the Terms of Service by posting updates and changes to the InstantShip website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using InstantShip or any InstantShip services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Account Terms
1.1 You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
1.2 To access and use the Services, you must register for an InstantShip account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. InstantShip may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
1.3 You acknowledge that InstantShip will use the email address you provide as the primary method for communication.
1.4 You are responsible for keeping your password secure. InstantShip cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
1.5 You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
1.6 A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of InstantShip will result in an immediate termination of your services.
2. General Conditions
2.1 Technical support is only provided to paying Account holders and is only available via email.
2.2 The Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Kentucky and the laws of the United States fo America applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Commonwealth of Kentucky with respect to any dispute or claim arising out of or in connection with the Terms of Service.
2.3 You acknowledge and agree that InstantShip may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on InstantShip’s website, available at https://instantship.me/index.php?rp=/knowledgebase/2/Terms-of-Service.html and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to InstantShip’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
2.4 You may not use the InstantShip service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
2.5 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by InstantShip.
2.6 You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use InstantShip or InstantShip trademarks and/or variations and misspellings thereof.
2.7 Questions about the Terms of Service should be sent to firstname.lastname@example.org.
2.8 You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
2.10 The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and InstantShip’s Terms of Service available in another language, the most current English version of the Terms of Service at https://instantship.me/index.php?rp=/knowledgebase/2/Terms-of-Service.html will prevail.
2.11 All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. InstantShip shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without InstantShip’s prior written consent, to be given or withheld in InstantShip’s sole discretion.
3. InstantShip Rights
3.1 We reserve the right to modify or terminate the Service for any reason, without notice at any time.
3.2 We reserve the right to refuse service to anyone for any reason at any time.
3.3 We may, but have no obligation to, terminate Accounts if we determine in our sole discretion that the user violates these Terms of Service.
3.4 Verbal or written abuse of any kind (including threats of abuse or retribution) of any InstantShip customer, InstantShip employee, member, or officer will result in immediate Account termination.
3.5 We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that InstantShip employees and contractors may also be InstantShip customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
3.6 In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
3.7 InstantShip retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, InstantShip reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
4. Limitation of Liability
4.1 You expressly understand and agree that InstantShip shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
4.2 In no event shall InstantShip or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, InstantShip partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.3 Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
4.4 InstantShip does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
5. Waiver and Complete Agreement
The failure of InstantShip to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and InstantShip and govern your use of the Service, superseding any prior agreements between you and InstantShip (including, but not limited to, any prior versions of the Terms of Service).
6. Intellectual Property and Customer Content
We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
7. Cancellation and Termination
7.1 You may cancel your Account at any time by emailing email@example.com and then following the specific instructions indicated to you in InstantShip’s response.
7.2 Upon termination of the Services by either party for any reason:
7.2.1InstantShip will cease providing you with the Services and you will no longer be able to access your Account;
7.2.2 unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; and
7.2.3 any outstanding balance owed to InstantShip for your use of the Services through the effective date of such termination will immediately become due and payable in full.
7.3 If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
7.4 We reserve the right to modify or terminate the InstantShip Service or your Account for any reason, without notice at any time.
7.5 Fraud: Without limiting any other remedies, InstantShip may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
8. Modifications to the Service and Prices
8.1 InstantShip reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
8.2 InstantShip shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
8.3 Deposits are non-refundable.
8.4 Any shipments that contain any prohibited items listed in USPS Shipping Restrictions or UPS Prohibited Articles for Shipping will result in account suspension immediately and permanently. InstantShip refuses to accept any shipments that contain marijuana or any illegal drug. Detailed shipping information such as names, addresses and contacts will be submitted to local and state law enforcement, U.S. Drug Enforcement Administration (DEA), U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP).
9. Beta Services
From time to time, InstantShip may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which InstantShip will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered InstantShip Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without InstantShip’s prior written consent. InstantShip makes no representations or warranties that the Beta Services will function. InstantShip may discontinue the Beta Services at any time in its sole discretion. InstantShip will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. InstantShip may change or not release a final or commercial version of a Beta Service in our sole discretion.
10. Feedback and Reviews
InstantShip welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to InstantShip be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to InstantShip (whether submitted directly to InstantShip or posted on any InstantShip hosted blog or page), you waive any and all rights in the Feedback and that InstantShip is free to implement and use the Feedback if desired, as provided by you or as modified by InstantShip, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to InstantShip must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. InstantShip reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
11. InstantShip Confidential Information
During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“InstantShip Confidential Information”). You agree that: (a) InstantShip Confidential Information will remain InstantShip’s exclusive property; (b) you will use InstantShip Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose InstantShip Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the InstantShip Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the InstantShip Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.
12. Privacy & Data Protection
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