These Terms of Service and Additional Terms and Conditions (“Agreement”) set forth the terms and conditions that apply to your access and use of the www.DeftShip.com and additional services that may be offered (“DeftShip Service(s)” or “Services”) as owned and operated by DeftShip Limited, HongKong company. and [its subsidiaries and/or affiliates] (“DeftShip”). DeftShip also provides transportation intermediary services as a property broker under Docket Number MC01441820, whereby DeftShip arranges for the transportation of cargo for shippers by utilizing independent, third-party motor carriers (each, a “Carrier”). As used in this Agreement, the term \"Site\" includes all DeftShip Services websites, pages that are associated with or within each website and all devices, applications or services that DeftShip operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement [and DeftShip Privacy and Security Policy], as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
Accepting the terms
Privacy and your personal information
Description of the services
Links to third party sites/third party services
Your registration information and electronic communications
Your use of the service
Use with your mobile device
Discrepancies and Adjustments
Ending your relationship with DeftShip
DeftShip’s intellectual property rights
Access and interference
Disclaimer of representations and warranties
Limitations on DeftShip’s liability
Your indemnification of DeftShip
Governing law and severability
Lost or Damaged in Warehouse
Returned Package Handling
By using the information, tools, features, and functionality including content, updates and new releases provided by DeftShip, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the DeftShip.com website), or a “Customer” (which means that you have registered for an account with us to use any one of our Services.) The term “you” or “User” refers to a Visitor, Member or Customer. The term “we” refers to DeftShip. If you wish to become a Customer or want to make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age and, in any event, of a legal age to form a binding contract with DeftShip.
Before you continue, you should print or save a local copy of this Agreement for your records.2. Privacy and your Personal Information
You can view the DeftShip Privacy Statement here and on the Site for the Services. You agree to the applicable DeftShip Privacy Statement, and any changes published by DeftShip. You agree that DeftShip may use and maintain your data according to the DeftShip’s Privacy Statement, as part of the Services. You give DeftShip permission to combine information you enter or upload for the Services with that of other users of the Services and/or other DeftShip services. For example, this means that DeftShip may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. DeftShip may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), DeftShip shall be considered a Business and/or Third Party, as applicable. Where DeftShip acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to DeftShip is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable DeftShip to (i) share any and all Personal Information you provided with any DeftShip company, including DeftShip Inc. and any parent, subsidiary, affiliate, or related company of DeftShip Inc. (collectively, the “DeftShip Family Companies”), and (ii) use any such Personal Information in connection with any and all DeftShip Family Companies’ internal operations and functions, including, but not limited to, improving such DeftShip Family Companies’ products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between DeftShip Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.3. Description of the Services
DeftShip is a web-based shipping solution and platinum service 3rd party Logistics platform that streamlines the order fulfillment process for online retailers and wholesalers . DeftShip handles order import , batch label creation and freight booking. DeftShip does not come in contact with parcel and freight at any time.4. Links to Third Party Sites/Third Party Services
DeftShip may contain links to other websites (\"Linked Sites\"). The Linked Sites are not under the control of DeftShip and DeftShip is not responsible for the contents of any Linked Site, including but not limited to any link or services contained in a Linked Site, or any changes or updates to a Linked Site. DeftShip is providing these links or services to you only as a convenience, and the inclusion of any link does not imply endorsement by DeftShip of the site or any association with its operators. Certain services made available via DeftShip are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.DeftShip.com domain, you hereby acknowledge and consent that www.DeftShip.com may share such information and data with any third party with whom DeftShip has a contractual relationship to provide the requested product, service or functionality on behalf of www.DeftShip.com users and customers. By using any services or functionality of DeftShip you hereby acknowledge and comply with terms and conditions from any other third party websites/Companies/Organizations, including but not limited to: FedEx, UPS, USPS, eBay, Amazon, Etsy, BigCommerce, Shipstation, Shopify, and Walmart, etc.5. Your Registration Information and Electronic Communications
Our shipping aggregation service is exclusive to users who do not currently have a carrier account or any sort of service agreement. In order to allow you to use the Services, you will need to sign up for an account with DeftShip. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, your date of birth, and/or requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying information you provide against third party databases or through other sources. If you do not provide this information or DeftShip cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, allows you to access the Sites. That LoginID and password, together with any mobile number or other information you provide form your “Registration Information.” By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communications may be posted on the Services site and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, or that someone is using your account without your permission, you must notify us immediately in order to minimize your possible losses.6. International Users
The Service is controlled, operated, and administered by DeftShip from our offices within the Hongkong and United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the DeftShip Content accessed through www.DeftShip.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.7. Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Operating and maintaining multiple DeftShip accounts is prohibited. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DeftShip is not responsible for third party access to your account that results from theft or misappropriation of your account. DeftShip reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that DeftShip, in its sole discretion, may elect to take. In no event will DeftShip be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any materials supplied in connection with such services, will be for DeftShip to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
You are not allowed to ship items that are prohibited by Carriers or by law or regulation of any federal, state or local government in the origin or destination countries or which may breach any applicable export, import or other laws. Otherwise, DeftShip has the right to terminate your access to the Site and the related services.
The prohibited and restricted items are including, but not limited to:
Items Requiring Prior Authorization.
Please refer to Carriers’ policies for details:
List of Prohibited Articles for
USPS services: https://www.usps.com/ship/shipping-restrictions.htm
The types of goods that cannot shipped by freight
THE USE OF ACTUAL DIMENSIONS AND WEIGHTS OF PACKAGES WHEN PRINTING SHIPPING LABELS IS REQUIRED. UNDERREPORTING ON DIMENSIONS AND/OR WEIGHTS IS NOT ALLOWED AND WILL RESULT IN YOUR ACCOUNT BEING BILLED ADDITIONAL CHARGES FROM UPS INCLUDING BUT NOT LIMITED TO: SHIPPING COST FOR CORRECT DIMENSIONS/WEIGHTS, AUDIT FEES AND FINES FROM UPS.
FINAL SHIPPING COSTS WILL ULTIMATELY BE DETERMINED BY UPS FOR ALL PACKAGES. DeftShip RESERVES THE RIGHT TO BALANCE BILL CLIENT ACCOUNT(S) FOR ADDITIONAL INCURRED CHARGES RESULTING FROM UNDERREPORTING OF DIMENSIONS/WEIGHTS, AND TO REVOKE ACCOUNT PRIVILEGES IN SERIOUS CIRCUMSTANCES.8. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. DeftShip MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.9. Payment
With respect to DeftShip Services, you will follow all of DeftShip’s payment terms and instructions and remit payment as instructed by DeftShip. You are responsible for payment of all charges for generating a shipping label with a DeftShip Account, including, but not limit to, transportation cost, fuel surcharge, remote area surcharge, residential surcharges, pick-up fees, and any other accessorial charges related to the transit and delivery of our shipments. You acknowledge and agree that the Shipping Fees does not include any additional fees arising out of separate agreements with third-party service providers.10. Discrepancies and Adjustments
Quotations for Shipping Fees by DeftShip 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 DeftShip Account and there is discrepancy between the Shipping Fees charged by DeftShip at the moment the User generates a shipping label and the costs for the Shipment charged by carriers to DeftShip 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 discrepancies or adjustments. DeftShip specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. DeftShip is not responsible for any changes or alteration of the Shipping Fees. DeftShip agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but DeftShip makes no representations or warranties regarding the amount of time needed to complete processing.
The DeftShip Bill of Lading MUST be used. If a DeftShip BOL is not used for a shipment, additional fees may apply, varying by carrier. Carriers may also choose to bill you directly (at a much higher rate). You are also responsible for the accuracy of the Bill of Lading. Please review it to make sure it is correct and notify us immediately if it is not. Changes in the following will result in rate changes: Weight, class, size of shipment/density, distance, value, special services and description of freight. These changes will be displayed on your account.
If the carrier inspects the freight and it does not match the BOL, you must provide documentation within 24 hours that can support a dispute, such as weight tickets from certified scales, packing slips, and/or manufacturer’s spec sheets. DeftShip is not responsible for the outcome of the carrier’s decision.
Always provide accurate information. Unless stated in the quote request on the BOL, quotes are based on a standard pallet size 48x48x48, and assume pallets may be stacked and/or decked. Warning: if pallets exceed 48” tall and/or can’t be decked or stacked, the carrier may compute the load size on a height of 96”. This may result in the freight exceeding carriers’ cubic capacity rules, and freight charges may increase greatly. Please be aware that if product does not cover 66% of the pallet, the shipment will incur surcharges. The shipper is responsible for ancillary charges for weight or services not revealed at time of quoting. ie: additional weight, limited access, or inside delivery.11. Account Balance
You must keep at least one valid payment method (“Authorized Payment Method”) on file with us to pay all incurred and recurring Fees and to transfer funds to your DeftShip Account(“Account Balance”). As Fees are incurred, any such amount will be deducted from your Account Balance and charged to your Authorized Payment Method.
Users must maintain a minimum Account Balance in the amount of US$0 in the DeftShip Account at all times (unless you. In the event that the Account Balance becomes negative, you authorize DeftShip to instantly charge the due Fees to any Authorized Payment Method, and DeftShip will continue to charge the Authorized Payment Method for applicable Fees until all outstanding Fees have been paid in full.
If we are not able to charge one of your Authorized Payment Methods, we may try to charge any of the Authorized Payment Methods saved on DeftShip. We may suspend and revoke access to your Account and the Services if we are not able to collect the outstanding Fees. Your account will be reactivated once all outstanding Fees are paid.
If the outstanding Fees remain unpaid for ten (10) days following the date of suspension, you agree to deposit funds into your DeftShip Account using another payment method and update the Authorized Payment Method.12. Ending Your Relationship With DeftShip.com
You may close your account at any time, upon the fact that all the pending charges are reconciled and your account does not have a negative balance.
DeftShip may at any time, terminate its legal agreement with you and access to the Services:
if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
if DeftShip in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful);
for any reason and at any time with or without notice to you; or
immediately upon notice to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that DeftShip may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that DeftShip will not be liable to you or any third party for any termination of your access to the Services.13. Insurance Coverage
DeftShip does not provide insurance to the user for all shipments created through DeftShip, but you may purchase insurance for your shipments through our 3rd party insurance service provided by Shipsurance, see Shipsurance insurance policy for specific terms and conditions. It is your own responsibility to insure your item(s) through insurance service.14. DeftShip’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to DeftShip or its software or content suppliers. DeftShip grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.15. Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without DeftShip’s express written consent, which may be withheld in DeftShip’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Internet Explorer or Safari);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services; or
Attempt to gain unauthorized access to any portion of the Services.
THE SITES, SERVICES AND ADD-ON SERVICES (COLLECTIVELY “SERVICES”), INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DeftShip, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, \"SUPPLIERS\") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER DeftShip OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DeftShip OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.17. Limitations on DeftShip’s Liability
DeftShip SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, INCLUDING ADD-ON SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF DeftShip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, DeftShip’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).18. Your Indemnification of DeftShip
You shall defend, indemnify and hold harmless DeftShip and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services, including add-on Services.19. Modifications
DeftShip reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services, including add-on Services with or without notice. DeftShip reserves the right to change the Services, including fees as may be applicable, in our sole discretion and from time to time. In such event, if you are a paid user to add-on subscription Services, DeftShip will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that DeftShip will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
DeftShip may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites). In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.20. Governing Law and Severability
This Agreement and the DeftShip Services will be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement will remain in full force and effect. Any cause of action with respect to Product must be instituted within one (1) year after the claim or cause of action has arisen in and must be brought in a court of competent jurisdiction in Shelby County, Tennessee or be barred. DeftShip will also have the right to bring claims against the Customer in the courts of the Customer’s jurisdiction, where applicable.21. Refund Policy
Users may cancel any paid and unused shipping label and BOL ,and request for a refund accordingly prior to a Shipment being processed and within 80 calendar days of the shipment creation day. DeftShip will refund the Shipping Fee to the User, either to the User Account Balance or 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 carriers, 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 DeftShip, is shipped by User, DeftShip will bill and charge User for the related Shipment Fees.22. Lost or Damaged in Warehouse (Parcel Only)
If undeliverable shipments were returned to DeftShip's warehouse (with carrier’s tracking confirming receipt at the warehouse) and were damaged or missing due to DeftShip's mishandling, then DeftShip shall reimburse customers the lessor amount of up to a maximum of $100 per item or up to a maximum of $5 per kg23. Returned Package Handling (Parcel Only)
If for whatever reason, shipment(s) are returned to DeftShip’s warehouse, The customer is responsible to contact DeftShip and upload a return label within 15 days of our warehouse’s receipt of the shipment. DeftShip will treat the shipment as abandoned and will dispose the package if the package is unclaimed for over 15 days. DeftShip will not be liable for the shipment and will not reimburse the cost of the shipment.24. Complete Agreement
HongKong: 19H MAXGRAND PLAZA NO 3 TAI YAU ST SAN PO KONG KLN HONG KONG
USA: 848 N. Rainbow Blvd. Ste 9027, Las Vegas, NV 89107
email: [email protected]