Terms of Use
Last Modified: May 2, 2021
BY USING THIS WEBSITE OR PURCHASING ANY SERVICES THROUGH THIS WEBSITE, YOU MUST AGREE TO THE FOLLOWING:
AGREEMENT BETWEEN CUSTOMER AND AXEL SHIP INC.
Our website (“Website”) is provided solely to assist customers in comparing, selecting, and purchasing third party courier (each a “Courier”) services (“Services”) for the legal shipping of documents and goods nationally and internationally or otherwise transacting business with courier services, and for no other purposes. The terms “we,” “us,” “our” and “Axel Ship” refer to Axel Ship Inc., and its subsidiaries and corporate affiliates. The term “you” refers to the customer visiting the Website and/or purchasing third-party courier services through us on this Website, or through our partners and customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read the Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. By accessing or using this Website, arranging for courier services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or purchase any third-party courier services through this Website or our call center agents.
Axel Ship serves only as an intermediary between you and Couriers, providing you with a platform to order Services, and will not become a party to any contract to pick up, transport, ship, deliver, or otherwise provide any service beyond simply reselling such Services.
Axel Ship may, from time to time, amend or modify these Terms of Use (these “Terms”) and post the amended or modified Terms on the Website, which will automatically be effective five (5) business days after being posted. If at any time you do not agree to be bound by and comply with these Terms, as amended or modified from time to time, you agree that your sole remedy is to cease using the Website. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
By accessing, using, or obtaining any content, data, materials, information, or Services through the Website, you (i) agree to be bound by these Terms, as amended or modified from time to time, (ii) affirm that you are eighteen (18) years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations, and warranties set forth herein, and (iii) will only use this Website to make legitimate purchases of courier services for legal shipping of documents and goods on your own behalf or for another person for whom you are legally authorized to act (a “Third Party”).
By accepting these Terms, you are also accepting the Data Processing Addendum which is included by reference in these Terms of Use. The Data Processing Addendum defines our specific legal obligations under the data protection laws of the European Union and your agreement with respect to the terms governing the processing of your personal data.
For customers located in the European Union, your acceptance of the Terms of Use and the Data Processing Addendum will be by separate acknowledgement.
If you are located in the European Union and do not see a request for an acknowledgement of the Terms of Use and Data Processing Addendum (which may be due to your temporary location or use of the site outside the EU or the through your use of an onion browser), you may request an acknowledgement or separate PDF copy of the Data Processing Agreement by contacting our customer support via chat, email, or phone.
DISCLAIMER OF WARRANTY
The Website and Services provided hereunder are provided on an “as is” basis and Axel Ship makes no representation or warranty of any kind relating thereto, including, but not limited to, the operation of the Website or the content, data, information, or Services on this Website, the implied warranties of merchantability, title, non-infringement, fitness for a particular purpose, security and accuracy, or any other warranties that might arise from the course of dealing, course of performance, or usage of trade. No advice or information provided by Axel Ship will create a warranty. You assume total responsibility and Axel Ship will not be liable for any and all risk of any kind arising from Your use of, or inability to use, the Website, the services, or any other content, data, materials, or information of Axel Ship including, but not limited to, any direct, indirect, incidental, special, punitive, or consequential damages whether or not Axel Ship was or should have been aware of the possibility of such damages.
LIMITATION OF AXEL SHIP’S LIABILITY
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, Axel Ship does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the courier services displayed on this Website (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, Axel Ship expressly reserves the right to correct any pricing errors on our Website and/or pending requests for service made under an incorrect price.
Axel Ship will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Website or your downloading of any content from the Website or (b) any injury, death, loss, claim, act of God, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or are in any way related to: (i) any use of the Website or the data, materials, information or content thereof; (ii) any failure or delay (including, without limitation, the use of or inability to use any component of this Website) in performance of Services; or (iii) the performance or non-performance by Axel Ship, a Courier, or any other provider, whether or not Axel Ship knew or should have known of the possibility that such damages to such parties or any other party might be incurred. In any event, Axel Ship will not be liable for any damages in excess of the purchase price paid for the individual Service at issue, whether or not Axel Ship had knowledge that such damages might be incurred.
You will defend, indemnify and hold Axel Ship, its officers, directors, employees, and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or your use of, or access to, the Website or Services.
THIRD PARTY COURIERS
The display on or through the Website of Service options offered by Couriers does not in any way imply, suggest, or constitute any sponsorship, recommendation, approval by Axel Ship of any such Courier or such Courier’s Service options, or any affiliation between any such Courier and Axel Ship. You agree that Axel Ship is not responsible for the accuracy, timeliness, or thoroughness of information on the Website related in any way to Couriers or their Services. Your interaction with any Courier accessed through the Website is at your own risk, and Axel Ship will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any such Courier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Courier.
It is your responsibility to find, open, read, understand, and accept the terms, conditions, or rules of purchase of any Courier you select to perform Services. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Courier you select to perform Services, including terms or condition of purchase set forth in a Courier’s terms, conditions, and rules.
The Website may contain links to Courier websites (“Courier Websites”). Courier Websites are not under the control of Axel Ship and Axel Ship is not responsible for the contents of any Courier Website, including without limitation any link contained in a Courier Website, or any changes or updates to a Courier Website.
USE OF WEBSITE
You agree that the Website, in whole or in part, will not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose not expressly permitted by Axel Ship. Axel Ship reserves the right to refuse service, terminate accounts, and/or cancel orders for Services in its discretion including, without limitation, if Axel Ship believes that your conduct violates applicable law or is harmful to the interests of Axel Ship. Any use of Website data, materials, content, or information; any derivative use of this Website or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited.
By accessing or using this Website or the Services, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. Axel Ship reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at its sole discretion.
PAYMENT
You agree to pay Axel Ship all charges applicable for the Services at the time such Services are ordered by you on the Website. You are responsible for ensuring that Axel Ship has updated information (including, among other things, valid credit card numbers and contact information) and you are responsible for entry of information regarding the Services you order. Should any amounts due for Services remain unpaid, or in the event that any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, you agree to pay, in addition to principal amount and any applicable interest thereon, all of the bank and payment provider charges assessed against you and Axel Ship and Axel Ship’s reasonable costs of collecting or attempting to collect, including reasonable attorney fees and expenses. Axel Ship reserves the right to verify your credit before you purchase Services at any time. All transactions originating from your account are your responsibility. In addition, if any check, ACH payment, credit card charge or online payment service is denied, returned, or refused, Axel Ship may charge the underlying payment and any incidental charges (as described above) against any other form of payment Axel Ship has on file for you.
You are responsible for any additional charges due to (a) misstatements regarding weight, size, classification, number, or manner of Service, (b) deliveries on weekends or holidays, (c) local customs charges, (d) import taxes or duties, or (e) any similar charge(s) incurred. If any such charges become due as a result of Services performed by a Carrier on your behalf and are charged to Axel Ship by a Carrier, you agree that Axel Ship may charge any such amounts on the credit card used when such Services were purchased or, in the event that you paid for the Services in another manner, you agree to reimburse Axel Ship fully for such charges within seven (7) days of our demand. Axel Ship is not required to automatically provide any refunds or reduction of charges for any misstatement by you of weight, size, number or manner of Service.
Any claim for unused or misprinted postage or fee refund must be submitted directly with Axel Ship on the Website within twenty (20) days of date of purchase. Postage handled and/or returned to sender will not be considered valid unused and/or misprinted postage. If determined valid, at Axel Ship’s sole discretion, Axel Ship will credit an active customer’s account an amount equal to what was paid for the Services. In addition, you agree to assign to Axel Ship any and all rights to file any such claims with or against any Carrier with respect to Services ordered or paid for on the Website.
ACCOUNT BALANCES
You may maintain a pre-funded account balance with Axel Ship and view that balance, your transaction, shipping label and postage activity, refunds, adjustments and other transactions within your account online at any time. Axel Ship does not share that account activity with the couriers or third parties, though the couriers may keep track of the shipping information that you provide for postage/courier labels.
If you fund and maintain a positive balance in your account with Axel Ship, Axel Ship will keep track of that balance but will not segregate those funds into separate bank accounts and will not pay interest on those accounts. If you request a refund of any positive account balances, Axel Ship will work to promptly and expeditiously honor such refund requests, subject to the payment/refund procedures of your bank/payment provider.
If we don’t hear from you for a while and we cannot get in touch with you, we may consider your account abandoned. We will wait as long as we can to maintain your account and reach out to you at the contact information you’ve provided. But Axel Ship (and its partners or successors in interest) may refer abandoned account balances to the California State Treasurer in accordance with the California Uniform Unclaimed Property Act if unclaimed after five (5) years and the identity, status, or present location of the account holder cannot be determined. If Axel Ship (or its successors) is no longer headquartered in California at that time, then the account balance may be referred to the State Treasurer in whichever state or jurisdiction we are in at that time.
CHANGE IN BILLING, PRICES, PROMOTIONS AND POLICIES
Axel Ship may change billing procedures, prices, promotions and/or policies at any time without advance notice. All such changes will be posted on the Website, and emailed to existing active account holders and customers. Continued use of the Website and/or service constitutes their affirmation that they have read and understood such notices and agree to the terms contained therein.
COLLECTION; USE OF YOUR DATA Axel Ship may automatically collect some information about your computer when you visit this website. For example, we may collect your IP address, Web browser software (such as Chrome, Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as services and couriers viewed and services booked. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud. Axel Ship may use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the courier services you request on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with courier confirmation and updates; to manage your account, including processing bills and providing courier information; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, website, and our Apps; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website and our Apps; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data. Axel Ship may collect, use, and distribute statistical information related to the usage of the Website, Services, or traffic patterns only in aggregate and de-identifiable form (“Aggregated Data”). Aggregated Data does not contain any personal information about you, and Axel Ship will not sell personal information about you to third parties. Aggregated Data may be shared with third-parties, but is stripped of all personal information and contains information like: the busiest shipping date of the year is December 18th and the top shipping destination in the U.S. is the metro NYC area. Axel Ship will own all Aggregated Data.
TERMINATION
Axel Ship may terminate your access to and use of the Website for any or no reason at any time. Upon such termination, you agree to immediately pay Axel Ship any unpaid amounts related to Services ordered. Any accrued rights, remedies, obligations or liabilities will not be affected including, but not limited to, Axel Ship’s right to claim damages in respect of any breach of these Terms or Axel Ship’s right to indemnification by you under these Terms. In addition, any provisions of these Terms that expressly, or by implication, have effect after termination will continue in full force and effect.
CLASS ACTION WAIVER
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. You and we both agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. If for any reason this arbitration clause is deemed inapplicable or invalid, or to the extent this arbitration clause allows for litigation of disputes in court, you and we both waive, to the fullest extent allowed by law, any right to pursue any claims on a class or consolidated basis or in a representative capacity.
ENFORCEMENT
The services performed by Axel Ship are offered from, and performed in the State of California. These Terms and Conditions shall be governed and interpreted in the entirety pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Teton County, California under the commercial arbitration rules of the American Arbitration Association. You agree that this will be the sole and exclusive jurisdiction for the adjudication of any disputes arising in connection with these Terms and Conditions, your use of the service, and your relationship with Axel Ship, LLC and its affiliates, members, directors, officers, employees and agents. The arbitration will be conducted by a single arbitrator mutually selected by the parties. If the parties cannot agree on an arbitrator, then they may each appoint their own arbitrator, which two arbitrators will in turn, select the single arbitrator for adjudication of the dispute. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of California or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
MISCELLANEOUS
You agree that nothing in these Terms or in your use of or access to the Website or Services will make you an employee, agent, or legal representative of Axel Ship. You may not assign or delegate the performance of part or all of your obligations under these Terms, without the prior written approval of Axel Ship.
These Terms will be construed and interpreted in accordance with and governed by the laws of the State of California, exclusive of its provision relating to conflicts of laws. You agree that any action related to these Terms, the Website or the Services may only be brought before the state and federal courts located in California. You further agree that any disputes, claims, or causes of action arising out of or in any way related to the Website or these Terms, will be resolved individually, without resort to any form of class action.
All terms used in one number or gender will be construed to include any other number or gender as the context may require. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Axel Ship. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.