Last updated: April 23, 2018
BY CONTINUING TO USE THE WEBSITE AND GRANDSHIPPER SERVICES YOU REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT WISH TO BE BOUND BY ANY PROVISIONS OF THIS AGREEMENT, PLEASE REFRAIN FROM USING THE WEBSITE AND GRANDSHIPPER SERVICES.
2. Additional TermsSome services offered by the Company may require you to agree with and accept additional terms and conditions than those stated hereunder. When you use services that are governed by additional terms and conditions, you are expressly agreeing to abide by those terms and they are deemed to be incorporated in this Agreement.
3. EligibilityYou must be eligible to enter into legally binding Agreement in order to create a GrandShipper account and to use the GrandShipper Services. You agree to use the GrandShipper Services in accordance with any and all applicable laws and regulations including U.S. export and re-export control laws and regulations. You may only enter into this Agreement on behalf of your employer or business if you have the requisite authority and capacity to act on behalf of such entity and to bind the former to this Agreement.
We do not target our Website and GrandShipper Services to users under the age of thirteen years. If you are under the age of thirteen years, you are strictly prohibited from providing any personal information to us.
4. GrandShipper ServiceGrandShipper offers a cloud based eCommerce Shipping Platform that enables eCommerce store owners to easily sign up and start printing USPS labels within a matter of minutes. GrandShipper currently integrates with Amazon, eBay and Shopify and enables Users to manage all their orders from one place.
Users are required to have access to the internet to make use of the GrandShipper Service and any costs and effort associated with accessing the internet are solely for Subscriber’s own account. The Company will not be held liable for any data charges paid by any Users under any circumstances.
THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY OR LEGALITY OF ANY INFORMATION STORED ON THE PLATFORM AND OR TRANSMITTED BY ANY USER. THE COMPANY IS NEITHER A PARTY TO ANY SALE PURCHASE AGREEMENTS OR TRANSACTIONS BETWEEN THE USERS AND THEIR CUSTOMERS, NOR DO WE ACT AS AN AGENT ON BEHALF OF ANY USER. WE DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. FOR THE PURPOSES OF THIS AGREEMENT OUR RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE SERVICE.
5. Account Setup and SecurityThe Company currently offers a free and a paid monthly subscription plan for you to choose from. You can easily select your preferred plan and apply to create an account by providing all the requested information. Where you create an account on behalf of your organization, we will request certain information about your organization. You agree that you will only provide accurate, current and complete information when requested. It is solely your responsibility to keep this information up to date in the event of any change in such information.
We may in our sole discretion decline to offer you a GrandShipper account without giving any reasons for our decision. We also reserve the right to terminate any User account if we discover or suspect that you have provided us with false, inaccurate or outdated information during your account registration.
When you sign up for a GrandShipper account, you also authorize us to create a Pitney Bowes (a USPS authorized postage meter provider) account on your behalf. By accepting these terms and conditions, you also agree to abide by Pitney Bowes terms of service and you hereby give us your express consent to share your personal information, including your billing information with Pitney Bowes. Please note that when you provide your credit card information for pre-paid billing of labels, your credit card information will be held and used by Pitney Bowes in accordance with their own terms of service and the Company will neither hold nor manage any transactions under your account. The Company will only bill you the subscription fee if you select the paid plan.
By entering into this Agreement with the Company, you are also entering into a legally binding agreement with USPS and you represent and warrant to the Company, Pitney Bowes and USPS that you have read the Domestic Mail Manual 604.4 and agree to abide by it. You understand that the Domestic Mail Manual 604.4 may be amended by USPS at any time and without any prior notice to you. It is solely your responsibility to periodically review the Domestic Mail Manual 604.4 and any other applicable terms to familiarize yourself of any changes in rules and regulations governing your use of service. You understand that neither the Company nor USPS or any third-party will be responsible for any loss or damage incurred by you as result of your failure to familiarize yourself of such changes. Your compliance is solely your responsibility.
Users are solely responsible for protecting their username and password to prevent any unauthorized access to their account. The Company will not be held liable for any loss, damage, cost or claim incurred by you or any third-party as a result of any activity under any User account. You agree that any activity on your account is entirely your own responsibility.
If you become aware of any suspicious activity on your account or if you have a reason to believe that there has been a security breach, please immediately contact us at firstname.lastname@example.org.
6. Trial PeriodThe Company may in its sole discretion choose to offer the paid subscription plan to you on an initial fixed period trial basis for free. In order to continue using the GrandShipper Service at the end of the specified fixed trial period you will be required to pay the monthly subscription fee as specified on our website at the time. You understand and accept that the free trial period is offered to you by the Company under this Agreement and by joining the free trial period you agree to abide by all applicable terms of this Agreement.
7. Payment PolicySubscription Payments - GrandShipper currently offers free as well as paid monthly subscription plans to suit different business needs. All our plans and accompanying subscription fees are listed on our Website. All subscription fees are specified in USD. If you select the paid plan, you will be charged according to your selected plan when you first subscribe and each month thereafter, on an automatically recurring basis until you choose to cancel or downgrade your subscription.
In the event we do not receive your subscription fee on the date it was due and payable, we will attempt to contact you at the contact information provided by you. We reserve the right to suspend or terminate your GrandShipper account until such time that we receive the full outstanding subscription fee. Please note that we will not be held responsible for any loss of data, third-party claims, loss of revenue or lost opportunity as a result of cancellation or suspension of your GrandShipper account as a result of non-payment of your subscription fee. It is solely your responsibility to ensure that your subscription fee is paid on time to avoid suspension of your GrandShipper account.
The Company reserves the right to modify any plans, subscription fees, payment, cancellation and refund policy at any time by amending these Terms. In the event of any change in subscription fees which requires you to pay higher fees, than you paid in the last billing cycle, we will give you at least thirty (30) days’ notice before billing you the increased amount. Such notice will be deemed to have been given on the date we send the notification email to you. If you do not agree with such change in subscription fees, your sole remedy is to cease using the GrandShipper Services by cancelling or downgrading your current plan.
Transaction Payments - You will be required to pre-fund your Pitney Bowes account for printing USPS labels and any additional fees and charges payable. Please note that all pre-funded amounts are held in your Pitney Bowes account and the information is visible to you in your GrandShipper account. By providing your credit card information to Pitney Bowes during account registration, you authorize Pitney Bowes to automatically charge your credit card for the amount specified by you to ensure that you have sufficient funds in your account to carry out any transactions.
8. Cancellation PolicyYou may cancel your GrandShipper subscription anytime by accessing the account settings from your GrandShipper account or alternatively contacting us via email at email@example.com with the words “Cancellation” in the subject line. To avoid being billed for the next cycle we advise our Users to cancel their subscription before the end of their current billing cycle. Once you cancel your account, you will retain access to GrandShipper Service until the end of your billing cycle. Once your account is terminated you will no longer able to login to your GrandShipper account using your username and password. Please note that account cancellation will not release you of your obligation to pay any outstanding fees payable by you to the Company or any third-party.
Please take note that we may purge all data for trial accounts, suspended accounts, expired accounts and cancelled accounts in our sole discretion. It is solely your responsibility to ensure that you backup any and all data that you wish to access at a later stage at all times especially before cancelling your GrandShipper account.
The Company reserves the right to terminate any User account and/or suspend access to the GrandShipper Service under the following circumstances:
- A User having violated any provisions of this Agreement;
- A User’s conduct is harmful to the Company or any other Users; or
- The Company discontinues the GrandShipper Service for any reason.
9. Refunds PolicySubscription payments are deemed to be fully earned on the day your account is charged. We do not offer any partial refunds in the event you decide to cancel your subscription before the end of your billing cycle.
Where the Company decides to grant your refund request, such refund will be made to the same account from which the payment was received. The processing of refund payment may take time, please wait at least 15 days after your refund has been processed for the payment to appear in your account.
10. Discretionary DiscountsThe Company reserves the right to offer discretionary discount to new or existing Users. Such discounts are offered by the Company in its sole discretion and the Company is not under any legal obligation to offer any discount to any User.
Discretionary discounts will not have any impact on the rights and obligations of any other User who did not receive the discount. Users who did not receive a discount will remain liable for the payment of their full subscription fee in accordance with this Agreement.
Discretionary discount will only be applicable for a specified period of time and will expire upon the date specified by the Company. If the recipient of discretionary discount wishes to continue using the GrandShipper Service after the expiration of discount, such User will become liable for the payment of full subscription fee as specified on the plans page.
Please note that additional terms and conditions may apply to discounts and by accepting any discount, you agree to be bound by those additional terms and conditions.
11. User Generated ContentThe Company does not claim ownership of any User Generated Content including but not limited to any order information received from linked marketplaces, any ratings, review, questions and comments posted by Users through the GrandShipper Service and other similar content originating from Users or their Customers. However, by uploading or transmitting any User Generated Content through the GrandShipper Service, you represent and warrant to us that you have the intellectual property rights and authority to store or transmit such content and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorized personnel the right to identify you as the owner of such User Generated Content by your name, username, or email address where appropriate and/or required by law.
You understand that all information created or transmitted through a User account is the sole responsibility of the account holder. The Company will not be liable for any errors or omissions in any User Generated Content.
Please note that we may be required to remove any publicly posted User Generated Content on the GrandShipper Service that is claimed to be infringing the intellectual property rights of a third-party. If you believe that your User Generated Content has been wrongly removed from the GrandShipper Service, please contact us to rebut the copyright infringement claim in accordance with article 13 of this Agreement.
Where you send any feedback, suggestions and ideas to the Company, you represent and warrant to the Company that you have all the rights and title in such feedback, suggestion or idea to grant full legal rights to the Company. By submitting your feedback, suggestion or idea to the Company you agree to grant all rights in such feedback to the Company. You hereby authorize the Company to use, disclose and/or otherwise exploit any feedback submitted by you, without any restriction or compensation to you. By submitting your feedback, suggestions and ideas to the Company you hereby waive any claims to monetary compensation from the Company or its assigns.
12. Limited LicenseExcluding the User Generated Content, all the text, graphics, audio, video, interactive features, code, marks, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property right laws of United States of America, foreign laws and international conventions. You are strictly prohibited from copying, selling, transferring, assigning, reproducing, republication, disassembling, decompiling, reverse engineering or distributing any Company Content in any way unless expressly authorized by the Company in writing.
You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licenses to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited. This Agreement grants you a limited, non-exclusive, non-transferable license to use the GrandShipper Service for your personal and non-commercial use only.
13. Copyright Infringement DisputesWe respect the intellectual property rights of others and do not condone any intellectual property law violation.
If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Service without your authorization, please contact us at the email address provided below with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
- Description of the original content that is claimed to be have been infringed;
- Your contact information including your name, phone number and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
- A statement by you that all information provided by you to us is accurate and complete;
Contact us Email: firstname.lastname@example.org If you are a GrandShipper User and your User Generated Content has been removed as a result of copyright infringement dispute please contact us at the contact email provided above along with:
- Information regarding the User Generated Content that has been wrongly removed with a link to the page where the content was posted before it was removed;
- A statement by you setting out that you are owner or have requisite authority or license to the User Generated Content that was wrongly removed.
14. User ConductYou understand and agree that:
- You will not use the GrandShipper Service for conducting any unlawful, illegal or prohibited activity;
- You will only use the GrandShipper Service in accordance with your local applicable laws;
- You will not post or upload any content using the GrandShipper Service that is in violation of these terms or in contravention of any other laws;
- You will not post, share or promote any content or service that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal.
- You will not breach any terms and conditions of Third Party applications, carrier, service provider or tools used by GrandShipper to deliver the Services to you;
- You will immediately notify the Company of any issues that you encounter during your use of the Service;
- You will not impersonate another User or use another User’s username and password to access the GrandShipper Service;
- You will not post or upload any content that infringes the intellectual property rights of another person or entity;
- You will not modify, adapt, translate, or reverse engineer any portion of the GrandShipper Service;
- You will not use any robot, spider, site scraping/retrieval application or other automated routine in order to scrape any data/information from any part of the Service;
- You will not reformat or frame any portion of the Website or Service without express written consent of the Company;
- You will not post or submit any content or material on any website, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- You will not transmit any viruses, trojan horses or other code of a destructive nature;
- You will not copy or store any content offered on the Website for other than your own personal use;
- You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- You will not reproduce, distribute, display or make available any data, information or part of the GrandShipper Service to any third-party without the express written consent of an authorized representative of the Company.
15. ModificationWe reserve the right to amend any terms of this Agreement to reflect our new practices. We also reserve the right to introduce new paid features and functionality, remove or modify any existing features as well as the right to discontinue the GrandShipper Service in our sole discretion. Any amendments to the terms and/or plans/features on the website will be effective from the date we post the updated terms and implement the new features respectively. It is solely your responsibility to review these terms periodically to familiarize yourself of any changes. The Company will not be held liable for any loss or damage suffered by you as a result of your failure to review these terms.
16. MaintenanceThe Company reserves the right in its sole discretion to deactivate or/and suspend your access to the GrandShipper Service with or without giving any prior notice to you to carry out: scheduled or unscheduled system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
17. Disclaimer of WarrantiesALL SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND. WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF SERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.
18. Limitation of LiabilityIN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE GRANDSHIPPER SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IF YOU DO NOT AGREE WITH THIS LIMITATION OF LIABILITY PLEASE CEASE USING OUR SERVICE IMMEDIATELY.
IF THE ABOVE LIMITATION OF LIABILITY PROVISION DOES NOT APPLY TO YOU, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR ASSOCIATED WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE ISSUE FIRST AROSE OR ONE HUNDRED US DOLLARS $100.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE GRANDSHIPPER SERVICES IN LOCATIONS OTHER THAN THOSE SPECIFIED ON THE WEBSITE.
19. IndemnificationYou agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries, shareholders and employees against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) the violation of these Terms by you;
(ii) Your gross negligence or willful misconduct; or
(iii) the infringement by you, or any third party using your username and password, of any intellectual property or other right of any person or entity.