Please carefully read these Website Terms of Use before using this Website (the "Website"). These Website Terms of Use (the "Terms of Use") govern your access to and use of the Website. The Website is available for your use only on the condition that you agree to the Terms of Use set forth below. If you do not agree to all of the Terms of Use, do not access or use the Website. By accessing or using the Website, you and the entity you are authorised to represent ("You" or "Your") signify your agreement to be bound by the Terms of Use.
1. User EligibilityThe Website is provided by ShipGlobal and available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law. If You do not qualify, you are not permitted to use the Website.
2. Scope of Terms of UseThese Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available via the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Website (“Service Agreement(s)”). Any such Service Agreements accompany or are listed in association with or through a hyperlink associated with the applicable Services.
3. ModificationsShipGlobal may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of ShipGlobal. ShipGlobal may also change or impose fees for products and services provided through the Website at any time in its sole discretion.
4. ShipGlobal Rate and Service Guide and TariffIn addition to any other terms and conditions that may be applicable to such transactions as provided in these Website Terms of Use and the Service Agreement(s), the ShipGlobal Shipping Rate and Service Guide applicable to You and the ShipGlobal Shipping Tariff (to the extent it is applicable to You) in effect at the time of shipment govern Your use of ShipGlobal transportation and related services.
5. ShipGlobal Privacy PolicyThe ShipGlobal Privacy Policy governs the use of information collected from or provided by You at the Website. With respect to any individual whose personal information is provided by You to ShipGlobal, You represent to ShipGlobal that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the ShipGlobal Privacy Policy, including the transfer of such data to other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such an individual.
6. License and OwnershipAny and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of ShipGlobal The Content is protected by copyright and other laws in both India and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade dress (“Marks”) of ShipGlobal Except as otherwise expressly authorised by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without ShipGlobal's prior written permission.
ShipGlobal grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to:
(a) access and use only the Website, Content, and Services only in the manner presented by ShipGlobal, and
(b) access and use the ShipGlobal computer and network services offered within the Website only in the manner expressly permitted by ShipGlobal Except for this limited licence, ShipGlobal does not convey any interest in or to the ShipGlobal Systems, information, or data available via ShipGlobal Systems (the “Information”), Content, Services, Website, or any other ShipGlobal property by permitting You to access the Website.
Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of ShipGlobal You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way, unless expressly permitted to do so by ShipGlobal
7. Restrictions on Use of the WebsiteIn addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application, or software available via the Website in a manner not expressly permitted by ShipGlobal
(d) You will not input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website, or Information, or that infringes the Intellectual Property rights of another.
(e) Certain areas of the Website are restricted to customers of ShipGlobal
(f) You may not use or access the Website or the ShipGlobal Systems or Services in any way that, in ShipGlobal’s judgement, adversely affects the performance or function of the ShipGlobal Systems, Services, or the Website or interferes with the ability of authorised parties to access the ShipGlobal Systems, Services, or the Website.
(g) You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of ShipGlobal
8. SubmissionsShipGlobal does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such comments are received, You acknowledge that:
(a) they will not be considered confidential or proprietary,
(b) ShipGlobal and its affiliates are under no obligation to keep such information confidential, and
(c) ShipGlobal will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
9. TerminationYou agree that ShipGlobal, in its sole discretion, may terminate or suspend Your use of the Website, the ShipGlobal Systems, Information, Services, and Content at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others.
Upon such suspension or termination, You must immediately:
(a) discontinue use of the Website, and
(b) destroy any copies You have made of any portion of the Content.
Accessing the Website, the ShipGlobal Systems, Information, or Services after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, You agree that ShipGlobal shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the ShipGlobal Systems, Information, and/or the Services.
10. Disclaimer of WarrantiesShipGlobal makes no representations about the results to be obtained from using the Website, the ShipGlobal Systems, the Services, the Information, or the Content. The use of the same is at your own risk.
The Website, the ShipGlobal Systems, the Information, the Services, and the Content are provided on an "as is" basis. ShipGlobal, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose.
ShipGlobal and its affiliates, licensors, and suppliers make no representations or warranties about the accuracy, completeness, security, or timeliness of the Content, Information, or Services provided on or through the use of the Website or the ShipGlobal Systems. No information obtained by you from the Website shall create any warranty not expressly stated by ShipGlobal in these Terms of Use.
Some jurisdictions do not allow limitations on implied warranties, so the limitations and exclusions in this section may not apply to You. If You are dealing as a consumer, Your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these Terms of Use are fair and reasonable.
11. Limitation of LiabilityTo the extent permitted by applicable law and to the extent that ShipGlobal is otherwise found responsible for any damages, ShipGlobal is responsible for actual damages only. To the extent permitted by law, in no event shall ShipGlobal, its affiliates, its licensors, its suppliers, or any third parties mentioned at the Website be liable for any incidental, indirect, exemplary, punitive, and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the Website, the ShipGlobal Systems, Information, Services, or the Content, whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not ShipGlobal is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
12. JurisdictionTo the fullest extent permitted by law, you hereby expressly agree that any proceeding arising out of or relating to your use of the website, the ShipGlobal systems, information, services, and content shall be instituted in a state or federal court sitting in the county of Fulton, State of Georgia, United States of America, and you expressly waive any objection that you may have now or hereafter to the laying of the venue or to the jurisdiction of any such proceeding. You agree that any claim or cause of action arising out of or related to your use of the website, the ShipGlobal systems, information, services, and/or content must be filed within one (1) year after such claim or cause of action arose.
13. GeneralYou may not assign these Terms of Use or any of Your interests, rights, or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
14. Written DocumentYou may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
15. Complete AgreementExcept as expressly provided in a separate licence, service, or other written agreement between you and ShipGlobal or in the applicable ShipGlobal rate and service guide or ShipGlobal tariff, these terms of use constitute the entire agreement between you and ShipGlobal with respect to the use of the website, the ShipGlobal systems, and any software or service, information, and content contained therein, and supersede all discussions, communications, conversations, and agreements concerning the subject matter hereof.
16. Customer ServiceQuestions or comments regarding the Website may be submitted to ShipGlobal Customer Service at cs@shipglobal.us.