2020 © POSTINFY, All rights reserved
Last modified: October 25, 2018 (view archived versions)
Please read these terms and conditions very carefully.
This terms of service (the “Agreement”) will govern your use of the website found at http://www.POSTINFY.com (the "WebSite" or the “Site”) and Application (APP) found at POSTINFY or POST∞ , is operated by POSTINFY ("we," "us,", “our”, "Company" or "POSTINFY"), a Limited Liability Company incorporated under the laws of the State of California with its business/registered address at 3806 Evangelho Cir., San Jose California, USA and all related sites, services, tools made available to you regardless of how you access or use the service.
You and all persons who are accessing POSTINFY Platform (Website, Site, Application (APP), Product, Tools or Services) are completely aware and confirm that you all accept these Terms & Conditions (“T&C”) of use and that you all agree to comply with them. You’re also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. If you disagree with T&C then you must not use our website, site, application, tool, product or services.
Additional terms of use:
You advised to read and digest the terms contained in this agreement, you understand that the entire terms contained herein constitute a legally binding document.
To contact us, please send an email contact@POSTINFY.com
Additional terms:
These terms of use refer to the following additional terms, which also apply to your use of our Platform:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on our site.
In addition, if you purchase any services from our site, the terms and conditions of supply of the relevant service provider will apply to those services.
In these terms and conditions, where the following terms are used, they shall have the following meanings:
“Us, We, or Our” means POSTINFY LLC
“You, Customer, or User” means customer
“Website or Products or APP or Application” means
“Collection Point” means
“Consignment” means
“Damaged Consignment” means
“Delivery Point” means
“Excepted Risks” means
“No compensation Item” means
“Out of gauge” means
“Prohibited Item” means
“Purchase” means
“Returned to Sender” means
“Service” means
“Service order” means
“PICK-UP” means Respective Carrier will pick up the package from sender’s specified address
“DROP-OFF” means Sender drop off the package at the respective carrier facility
"Person" means any individual, corporation, company, partnership, association or other group of persons, whether or not organized as a legal entity, or legal successors or representatives of the foregoing.
"Materials" means, without limitation: pictures, graphics, photographs, trademarks, logos, text, and any other visual displays of digital shipping labels and files posted to the Site and/or owned by Persons other than Company.
"Site or Website" means the entire Site and its individual contents, collectively, excluding only Materials and functionality licensed from third parties.
“Agreement or Service Agreement" means any separate agreement we may require in connection with ordering and/or using any of the goods and services that we offer.
"You" refers to any Person who visits the Site for any purpose, authorized or unauthorized.
POSTINFY provide ONE(a) platform with multi-carrier connections and compare shipping services across different carriers. We offer simple and reliable platform for customers to choice between the fastest, cheapest, or the most trusted carriers. We are passionate about finding great deals, or simply discovering ways to save time and energy when our customers/users are planning to ship a package across the globe. Our Application (APP) and website enables customers/users to send/ship any dimensional package anywhere in the world at the best price.
POSTINFY business is an online marketplace.
Consumers compare the shipment rates or prices and select one of the services that they are interested in, then purchase the shipping label from us.
Accordingly, although we will receive your payment on behalf of the relevant service provider, the contract for the purchase and supply of the product or service is between you and the relevant service provider and incorporates the terms and conditions of business of that service provider and the service provider is responsible for dealing with any claims or other issues arising out of or in connection with that contract.
Once consumers’ payment is successful, the shipment label or labels will be generated in PDF or PNG format. we will generate the shipment label in PDF, PNG format for the consumer.
Now, consumers can directly print the label, send the shipment label to their own email, or send to another person’s email. After a customer successfully prints the label, customer will pack the package or packages that they want to send/ship and affix the printed label on the package.
Finally, consumers will drop off the package to the respective carrier or service provider’s drop-off location. Or, if consumers selected PICK-UP service, then respective carrier or service provider will collect the package or packages from customer’s specified location. Once the carrier receives the packages, respective carrier or service provider will complete the fulfillment.
If you are not happy with any product or service that is provided to you, you should contact the relevant service provider. We work with our service providers to help them bring products and services to you and, where possible, we will try to assist in resolving any problems you may experience, but we are not responsible for any of their products, services or aftercare.
We currently support Fedex, UPS, DHL, USPS, and Ontrac shipping carriers or service provider.
SHIPMENT DETAILS
We will not perform or responsible for:
Customers will be responsible for providing accurate shipment information on our platform to get cost-effective or accurate rates.
If customer provides incorrect sender’s details (Name & Address), recipient’s details (Name & Address), package details (weight, dimension, etc) then we will not be responsible and liable for any delay caused.
If the package needs any special handling instruction. Its customer’s responsibility to affix the “HANDLE WITH CARE” or other special handling instructions on the packages.
If the carrier measured package weight or dimension or both greater than the customer specified during getting quote or purchasing the shipment then additional shipment charges will be applied or billed to the customer. Also, under such situation their might hold on the package/shipment and that might delay the shipment estimated delivery date (EDD) for which we will not be liable.
FULFILLMENT
We will not perform or responsible for:
Fulfillment of the shipment. The carrier shall be responsible for fulfilling shipments of Package from time to time.
PACKAGE PACKING
We will not perform or responsible for:
Once payments are confirmed, Customers will receive the shipment Label or labels. It is the responsibility of Customers to pack their Package and attach the label at visible spots on the Package. If you’re shipping more than one Package, then Customer will be responsible for attaching the purchased label on the correct package.
SHIPMENT LABEL
We will not perform or responsible for:
If customer cannot print the label directly from our website or site or APP to printer. Also currently we don’t support all the printer models and different connectivity such as wifi, Bluetooth, direct-wifi, IP network, etc.
Shipment label on package will contain carrier name and carrier logo, and the POSTINFY name may appear on the label or package. If POSTINFY name appears, then label may contain a message like “label generated/created by POSTINYFY.COM”.
DISCOUNT, PROMO, OR GIFT
We will not perform or responsible for:
If a promo/gift code has an expiration date, it will not work after that date has passed. Promo/gift codes cannot be extended or renewed.
DELIVERY
We will not perform or responsible for:
If respective carrier does not deliver the packages, shipment, or consignment before or on the Estimated Delivery Date (EDD). As EDD details are provided by the carrier and we don’t have any control on estimated delivery date or time.
DROP-OFF (Sender drop off the package at the respective carrier facility)
We will not perform or responsible for:
DROP-OFF the customer’s package to carrier’s drop-off facility or location.
If a PICK-UP service is not selected by the customer, then its customer’s responsibility to DROP-OFF the package or packages to the respective carrier’s physical drop-off location. The Carrier shall be solely responsible for the Package upon delivery by the Customers at the Drop-off address until it is finally delivered to the recipient.
If the carrier’s drop-off location cannot accept your shipment or package. Using our DROP-OFF tool we display the list of drop-off locations that customer can choose to drop off their shipment or package or packages. Its customer’s responsibility to verify the chosen drop-off location can accept their shipment or not. We will not be liable if the drop-off location cannot accept your shipment or packages.
PICK-UP
We will not perform or responsible for:
PICK-UP the customer’s package from customer’s or sender’s facility.
If a PICK-UP service is selected by a Customer, then its carrier shall be responsible for picking up the package and fulfilling the shipment.
If respective carrier does not show-up to pick-up the package from the customer’s facility or specific address.
If customer specify incorrect pick-up address, earliest pick-up time, latest pick-up time, pick-up date, or another pick-up related information.
If the PICK-UP is scheduled, then the carrier shall be responsible for picking up the package from such location communicated by the User. Upon picking the package, the Carrier shall be solely responsible for the Package until it is delivered.
If a PICK-UP service is not selected by the customer, then its customer’s responsibility to DROP-OFF the package or packages to the respective carrier’s physical drop-off location. The Carrier shall be solely responsible for the Package upon delivery by the Customers at the Drop-off address until it is finally delivered to the recipient.
SHIPMENT CANCELLATION
Customer after purchasing USPS shipment label they cannot cancel the shipment any condition or situation.
For other carriers such as FedEx, UPS, Ontrac, DHL Customers can CANCEL the shipment ONLY before the respective carrier scan the shipment label. Once the carrier scans the shipment label then customer cannot cancel the shipment.
LOST, DAMAGED, STOLEN, or MISSING PACKAGES
Any loss, damaged, stolen, or missing of the Package under this Agreement shall be the sole responsibility of the Carrier, POSTINFY shall not be at any time liable to any User/customer or Carrier for any loss, damaged, stolen, or missing it may incur in connection with this service. We will not be liable to you in any way for losses, damages, stolen, missing of any packages sent through this service.
INSURANCE
POSTINFY do not provide shipping insurance for Packages, the Carrier is solely responsible for providing packages or shipment insurance. If the nature of the Package to be shipped requires an insurance policy, then the User/Customer shall be responsible for purchasing additional insurance from the carrier or third-party(such as shipinsure) shipping insurance provider.
REFUNDS
Once shipment label is scanned by the respective carrier provider then customer unable to cancel the shipment through our platform then those purchases are considered to be final and non-refundable.
CLAIMS
All claims should be directed to the carrier for damaged, stolen, missing or lost packages.
Filing a Claim
You are advised to visit your Package Carrier using the label information and any other information provided to you on our website to make your Claims. You understand that response to your Claims and refunds shall be subject to the terms and conditions provided on the Carrier’s website.
PROHIBITED ITEMS
Please be advised that certain items are considered forbidden and may not be shipped through our service.
We reserve the right to deal with any Prohibited Items at our sole discretion without being liable in any way to you or the recipient of the Consignment containing the Prohibited Items.
We have the right to dispose of any Prohibited Items, in whole or in part, as we decide and reserve the right to charge you for any reasonable costs we incur in doing so.
PRICE CHANGES & SERVICE AVAILABILITY
Prices and availability of labels may vary with the various Shipment Carriers made available on our platform. You understand that prices are subject to change, and we will do our best to effect changes as may be communicated from time to time. (WHY?)
PAYMENT MEDIUM(Method)
So that you can purchase a shipment Label, you’ll be required to provide payment information. You will be required to complete all payments through our third-party payment processors (e.g. Credit, Debit, PayPal). You authorize POSTINFY and its payment processors to charge and process the fees and charges assessed in connection with your purchases in accordance with the policy described on the Carrier's page at the time of your purchase.(WHY?) While we take reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments We will not be liable for any fees or charges placed by third parties or any errors in the processing of payments, including errors arising out of such third party’s negligence, improper transmission of payment details or an error on the end of a Customer. We do not make any guarantee of the quality of the Services or Products provided to you.(WHY?)
THIRD-PARTY PAYMENT SERVICE PROVIDER
You authorize POSTINFY to process payments in accordance with the Services, using the payment information you supplied.
At our sole discretion, we may choose not to process a payment you submit if we believe such payment is in violation of this Terms of Service, is fraudulent, and is unverifiable. Should we suspect that your activities are questionable or inconsistent with the approved use of this Website Platform, we may terminate your account.
Notwithstanding, you grant us the right to provide your information to law enforcement agencies or any government bodies upon request.
YOUR ACCOUNT
To obtain access to certain Services, you will be required to obtain an account with POSTINFY (become a “Registered User”). You can create an account by completing a registration form and designating a user identification code and password.
When registering with POSTINFY you must:
Provide true, accurate, current and complete information about yourself as requested by the Services registration form (such information being the “Registration Data”); and
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You can amend your Registration Data at any time via the “Your Account” page.
Upon acceptance of these Terms and completion of the registration process, you will have opened an account with POSTINFY and will become a Registered User. At this point you can begin to use all of the Services. Only you may use your POSTINFY account. You must keep your account and passwords confidential and not authorize any third party to access or use the Services on your behalf, unless we provide an approved mechanism for such use. You must contact us right away if you suspect misuse of your account or any security breach in the Services. You are responsible for all activities that take place with your account. POSTINFY will not be liable for any loss or damage arising from any unauthorized use of your accounts
We may terminate your account if we determine in our sole discretion that your use of this Service violates our permitted use or acceptable use policy.
We reserve the right, in our sole discretion, to completely suspend or terminate your Account, or use of the Services, if it appears to us that you are, or your account has been used in breach of these Terms of services (including by providing false Registration Data or other misuse of the Website and Services), for any reason whatsoever, or any applicable laws.
We may also suspend or terminate your access to the Services and your Account if you (a) provide any false, incomplete, inaccurate, or misleading information or otherwise be involved in fraudulent or illegal conduct or (b) for any other reason in POSTINFY's sole discretion.
You understand that you will be responsible for any authorized or unauthorized use of your account. You are advised to keep your login credentials at all times. We are not responsible for any loss, damages done to your account through unauthorized entities.
Notwithstanding, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to unauthorized transactions. Should you notice any unauthorized use of your account, please contact us as soon as possible.
If you know or suspect that anyone other than you knows your account credentials, identification code or password, you must promptly notify us at contact@Postinfy.com.
USE OF THE WEBSITE OR APPLICATION(APP) PLATFORM & PROHIBITIONS
You are prohibited to do the following acts,
use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools
collecting information about Users personal information;
post false, inaccurate, misleading, defamatory, or libelous content;
take any action that may damage the platform.
WEBSITE AND APPLICATION(APP) PLATFORM ACCESS
Conditioned upon your compliance with these Terms, POSTINFY grants you a limited, personal, revocable, non- transferable, and non-exclusive license to access and make personal use of the Website or Application (APP) and to use the object code of the Website or Application (APP) on a single electronic gadget (such as computer, smart phone) or as otherwise authorized pursuant to a separate and valid service agreement with us. Without limiting other provisions of these Terms, this license is subject to the following terms and conditions:
You do not, and do not allow any third party to, copy, modify, create a derivative work from, or attempt to transfer any Material in the Site.
You do not upload or download (other than page caching) or modify the Website or Application (APP) Platform or any portion of it, without our express written consent.
You do not upload or download, modify or exercise any other right to any Materials you do not exclusively own, without a written license from the owner(s).
You must not make contact with other users or customers of our Website or Application (APP) Platform without our prior approval. If you are permitted to make contact with other users or customers of our Website or Application (APP) Platform, you must comply with the content standards set out in our Acceptable Use Policy.
This license expressly excludes any resale or commercial use of the Website or Application (APP). Commercial use of the goods and services we make available is permissible only in accordance with the terms and conditions of a separate and valid Service Agreement with us. This license expressly excludes any derivative use of the Website or Application (APP); and any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website or Application (APP) nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, displayed or otherwise exploited for any commercial purpose without our express written consent.
The Website or Application (APP) , its individual components and all associated intellectual property rights (including but not limited to compilation, organization and display of the content as well as all software and inventions used on and in connection with the Website or Application (APP) ) are the sole and exclusive property of POSTINFY. All rights are reserved. The Website or Application (APP) is protected by all applicable intellectual property laws. No portion of the Website or Application (APP) may be reprinted, republished, modified or distributed in any form without our express written permission. You agree not to reproduce, reverse engineer, decompile, disassemble or modify any portion of the Website or Application (APP).
Except as expressly provided in these Terms, you are not granted any rights or licenses to patents, copyrights, trade secrets or trademarks with respect to the Website or Application (APP), and POSTINFY reserves all rights not expressly granted hereunder. The trademark POSTINFY, along with all logos, slogans and trade dress related to the Website or Application (APP) (collectively, the "Marks") are exclusively owned by POSTINFY. Other trademarks, service marks, logos, labels, product names and service names appearing on the Website or Application (APP) and not owned by POSTINFY are the property of their respective owners.
You agree not to copy, display or otherwise use any of the Marks without our prior written permission. The Marks may never be used in any manner likely to cause confusion, disparage or dilute, or in connection with any product or service that is not authorized or sponsored by POSTINFY. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on the Website or Application (APP). No Materials or other information uploaded or sent to POSTINFY at, on or through the Website or Application (APP) will be deemed or treated as confidential.
CHANGES TO OUR WEBSITE OR APPLICATION (APP) PLATFORM
We may update, revise, or change our Website, Application (APP) platform, Tools, or Services and its contents from time to time. However, please note that we are under no obligation to update our site. We do not guarantee that our Website or Application (APP) platform or any content on it will be free from errors or omissions.
RESTRICT THE USE OF WEBSITE OR APPLICATION (APP) PLATFORM
Our platform and services provided through our Website or Application (APP) are free of charge. This means we don’t charge our customer or carrier provider. We may restrict or suspend or withdraw the availability of all or any part of our Website or Application (APP) platform without notice. We will not be liable to you if, for any reason, our Website or Application (APP) platform is unavailable at any time or for any period.
INTELLECTUAL PROPERTY RIGHTS
The Services contains content and technology of POSTINFY that is protected by copyright, trademark, patent, trade secret and other laws. POSTINFY owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the "Company Property"). You may not copy, modify, or reverse engineer any part of the Services or POSTINFY Property.
CHANGES TO THE TERMS, CONDITIONS, AND POLICY’S
POSTINFY reserves the right to change, modify, or amend the Terms, Conditions, Notices and Policy from time to time. Customers agree to accept and be bound by those Terms, Conditions, Notices and Policy that are in effect at the time of your use of this Website, Application (APP) Platform, Tools, or Services.
Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Such modifications will become effective when they are posted to the WebSite or Application (APP) platform and we provide notification to You(WHY?). We will indicate at the top of its first page the date these Terms, Conditions, Notices, or Policy was last revised.
If you do not agree to abide by this or any future versions of these Terms, do not use or access (or continue to use or access) the WebSite or Application (APP) platform. It is your responsibility to check the WebSite or Application (APP) platform regularly to determine if there have been changes to these Terms and to review such changes.
You may request to receive notices by email when changes have been made, by specifically requesting such notices and providing a valid email address to update_me@postinfy.com or send_update@postinfy.com. Notices to your email address will cease after one calendar year, unless you renew your request at least once every 365 days.
LOSS AND DAMAGE (Our responsibility for loss or damage suffered by you)
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you purchase any services from our Platform, different limitations and exclusions of liability will apply to liability arising as a result of the supply of those services to you, which will be set out in the terms and conditions of supply of the relevant service provider.
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or your downloading of any content on it, or on any website linked to it.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
Use of, or inability to use, our site; or
Use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
Loss of profits, sales, business, or revenue;
Business interruption;
Loss of anticipated savings;
Loss of business opportunity, goodwill or reputation; or
Any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SERVICE AND PURCHASE FROM THIS WEBSITE PLATFORM IS AT YOUR SOLE RISK. POSTINFY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES OR CARRIER.
THE SERVICES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSTINFY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
POSTINFY MAKES NO WARRANTY THAT:
THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR
THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
POSTINFY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, SUITABILITY, RELIABILITY, TIMING, DURABILITY, LEGALITY, OR ANY OTHER ASPECT OF SERVICES OFFERED OR PROVIDED BY SERVICE PROVIDERS OR REQUESTED BY USERS THROUGH USE OF THE SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND WITHOUT PREJUDICE TO DISCLAIMERS FOUND ELSEWHERE IN THESE TERMS, POSTINFY AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS AND OTHER REPRESENTATIVES (COLLECTIVELY, "POSTINFY") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NO OPINION, ADVICE OR STATEMENT OF POSTINFY OR ITS USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. POSTINFY DISCLAIMS ANY AND ALL WARRANTIES FOR ANY INFORMATION OR ADVICE RECEIVED ANYWHERE ON OR THROUGH THE SITE AND THROUGH ANY LINKS PROVIDED ANYWHERE ON THE SITE.
POSTINFY DOES NOT WARRANT THAT YOUR USE OF THE SITE OR ANY DVMELISTE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ANY POSTINFY SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND POSTINFY SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL, INFORMATION OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS.
LIMITATION OF LIABILITY
NEITHER POSTINFY NOR ANY OF OUR PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, "POSTINFY") ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO USE OR MISUSE OF OR RELIANCE ON THE SITE OR ANY POSTINFY SERVICE OR LINKED SITE, EVEN IF POSTINFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL POSTINFY'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO POSTINFY TO ACCESS THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE OR ANY SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR ANY SERVICE (INCLUDING ANY SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LEGAL LIABILITY, LOST PROFITS, AND LOST DATA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PROVIDED, HOWEVER, THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOU HEREBY WAIVE THE PROVISIONS OF ANY LAW LIMITING OR PROHIBITING SUCH EXCLUSIONS OR LIMITATIONS.
INDEMNIFICATION
You and your heirs, assigns agree to defend, indemnify and hold harmless POSTINFY and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any wrong provided by you (as part of these Terms of Service or otherwise), failure to properly label packages, loss of labels provided to you by POSTINFY, loss of Packages by Carrier, your breach of any of these Terms of Service, any negligence by Carriers made available on our platform, or any claim that Service or service we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
CONTROLLING LAW AND DISPUTE RESOLUTION (Not clear need or not)
The Terms of Service should be represented by and translated as per the laws of the State of California and the laws of the United States relevant in that, without respect to standards of contentions of laws. The gatherings unalterably and genuinely submit to the elite ward of the courts in Houston, California as for any debate or case emerging out of or regarding the Terms of Service. The United Nations Convention on Contracts for the International Sale of Package won’t matter to these Terms of Service and is thusly explicitly avoided.
POSTINFY's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of POSTINFY's right to comply with law enforcement requests or requirements relating to your use of this Website Platform or information provided to or gathered by POSTINFY with respect to such use.
In the event of conflict between any such rule or policy and these Terms, the applicable provision of this Agreement shall control. These Terms shall be deemed to have been made in the United States of America, State of California, and it shall be governed by the substantive laws of the State of California without regard to any applicable conflict of laws provisions. The Parties submit to jurisdiction in the state and federal courts sitting in San Francisco, California, USA, and you hereby waive any jurisdictional, venue or inconvenient forum objections.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the laws of the State of California. You and we both agree that the courts of California will have exclusive jurisdictions over disputes arising out of these terms
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the State of California. We both agree to the exclusive jurisdiction of the courts of the State of California.
CUSTOMER CONDUCT AND GENERAL PRACTICES
You agree not to use the Website or Application (APP) Platform in any unlawful manner or, without limitation, to:
Harvest or collect email addresses or other contact information from others by electronic or other means;
Damage, disable, overburden or impair the Site;
Use automated scripts to collect information from or otherwise interact with the Site;
Upload, post, transmit, share, store or otherwise make available any content in a manner or for purposes that could subject Company to liability, including but not limited to content that is threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, fraudulent, invasive of privacy or publicity rights, or otherwise actionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information from anyone;
Upload, post, transmit, share or otherwise make available any material that 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. We do not guarantee that our Website or Application (APP) Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software. Also you must not misuse our Website or Application (APP) Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website or Application (APP) Platform, the server on which our Website or Application (APP) Platform is stored or any server, computer or database connected to our Website or Application (APP) Platform. You must not attack our Website or Application (APP) Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website or Application (APP) Platform will cease immediately.
Intimidate, stalk or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
Company reserves the right at any time and from time to time to modify or discontinue the Site (or any part thereof), temporarily or permanently, with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or interruption of the Site.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This Agreement including all policies made available on our website constitutes the entire agreement between you and POSTINFY with respect to this Website Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Coustomers and POSTINFY with respect to this Website or Application(APP) Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RULES ABOUT LINKING TO OUR WEBSITE OR APPLICATION(APP) PLATFORM
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our site other than that set out above, please contact contact@Postinfy.com.
ACCEPTANCE OF ELECTRONIC CONTACT
By registering with POSTINFY, you understand that we may use your email address to send you communications or information regarding the Services, including but not limited to (a) notices about your use of the Services, including any notices concerning violations of use, (b) updates, and (c) where you agree, promotional information and materials regarding POSTINFY’s products and services, via electronic mail.
You agree that these Terms have the same legal force and effect as a written contract with your written signature and that it satisfies any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of these Terms on the grounds that it was electronically transmitted or authorized.
You hereby waive your rights to any class arbitrations and class actions. You understand that by agreeing to the Terms, you and POSTINFY are each waiving the right to trial by jury or to participate in a class action or class arbitration.
Contact Us.
For more information or inquiries regarding your use of this Website Platform and service, please contact us by using the contact form made available to you on the Website Platform or contact us by email at POLICY@POSTINFY.COM