Hipshipper Terms of Use
Welcome to Hipshipper, the international shipping and order fulfillment service. We are operated by Hipshipper USA, a US corporation. These Terms of Service are the only agreement you have with us, and they are comprised of two different parts.
The first is the Hipshipper terms of service. These are the general terms and conditions to use our service. They define who can register, how services are performed, how to contact support and how do we collect money. They also limit our liability for any damages and allow us to use the information you provide in order to provide your buyers with the services.
Then there’s our privacy policy. This privacy policy covers two different types of people: the first are our users. The Privacy Policy lets you know that if you’re our user, we can collect the information you submit, we can use it to provide you with the services and contact you with newsletter that you may opt out of.
Then, there’s the end-user privacy policy. This is where we detail how and where do we send personal data relating to your customers: the people who actually ordered products that we are meant to fulfil for you. This privacy policy details who else gets their personal data (freight companies, for example), how could this data be used, and how can people opt-out from such collection or delete their data. This is, if you’ve heard the name, the whole GDPR shenanigan.
Please read the full terms; they are your only agreement with us, and without reading them you can’t understand your rights and obligations. Also, we pay our lawyer based on the number of people who actually find the easter eggs in this, so please read it and send us a note if you found the section where you provide us with your first-born child.
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Registration & Eligibility
- When enrolling into the service, you represent and warrant that: (i) you are either over 18 years of age, or if you’re over 13 and under 18, you obtained your legal guardian’s consent to these terms;(ii) you are the owner of the business you wish to act on its behalf, and if it is a corporation, then you are a designated signatory of that corporation and authorised to or act on its behalf. (iii) you are not a resident of any enemy state or a member of a terror organization; (iv) you were not previously denied service by us, for any reason whatsoever.
- When you register, you will be requested to provide us with an email address and a password. Please ensure that you select a strong password and that you do not use the same password in more than one service. We will not be held liable for any misuse of your username and password, and you should notify us as soon as you are aware of any unauthorized use of the username and password.
- It is our policy to have one account for one user and only one user for one account. You are prohibited from sharing your account information with others, even inside your organization. Please note that we request that only one employee handle all uses of the account.
- When you use our service, you will need to authorize and connect some third party marketplaces, commerce sites and payment services, including Amazon, eBay, Shopify and/or PayPal. When you do so, we shall receive some information about these accounts.
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The Services. Our Services are comprised on created automated shipping quotes for marketplaces and e-commerce sites, where we are able to collect the shipping costs from your buyer, and fulfill the international shipment. All you need to do is ship the package to our local distribution service. In order to do so, we need the following sub-services:
- When you register to our service and connect your accounts in marketplaces, you will need to provide us with a token that allows such integration and provide us with access to your account.
- You will also need to download, install and use our extension. In order for you to do so, we will license the extension for your business’ use.
- Our extension creates some actions on your behalf; you need to approve these actions so we can provide you with the services.
- Then, we retrieve the list of products from the marketplaces and generate shipment quotes, where we use the payment processors to create one transaction where the sums are split between us and yourself.
- When a new order is received and payment is made, we create your internal shipping label so that you can stamp it on the parcel and send it to our local center. From there on, we will send it internationally. The domestic shipping to our warehouse is under your responsibility and expense.
- It is your liability to inform your buyers that they may be subject to taxes and customs, as we do not pay these for them.
- Acceptable Use Policy. It is our policy to only allow bone-fide use. You may not use our services if: (i) you sell counterfeit goods; or (ii) your sales are misleading; or (iii) you otherwise violate the marketplace’s policie; (iv) you will not use the service to ship illicit goods, aerosols, alcohol, hazardous materials, weapons, or other items which we prohibit. Moreover, we do not allow multiple queries or requests that are made automatically and interrupt with our services. Your use should be bone-fide and for yourself only. You may not impersonate others, stalk, harass or otherwise use the services to infringe on an intellectual property right or invade a person’s privacy.
- Item Restrictions. Some items are restricted, and/or otherwise unsuitable for international shipping due to aircraft safety, size, weight, etc. Our app maintains and updates this list regularly, and while we attempt to update and correct reasonable lapses and mistakes, it is ultimately the seller's responsibility to know which items they are selling and to maintain accurate records of weight, size, and description accordingly.
- Pricing. Hipshipper allows flexibility in the pricing of rate tables to accommodate customer needs. Client's are prohibited from modifying and/or manipulating Hipshipper rate tables and/or prices using interfaces and/or applications other than software authorized by us. In addition, clients are prohibited from using our proprietary pricing software for shipping services not provided by us.
- Payment. We shall provide you with shipping quotes per each item you list. In order to pay for our services, you will need to have outstanding balance with our services. You may pay per order or load balances every period. We may provide discounts for balances. We provide refund for outstanding balance even after the service is terminated. The balance may not be transferred from one user account to another. Please note that all prices are subject to change by a 7-day prior notice.
- Refunds. We are responsible in case of shipping errors caused by us, and in case of damage in transit, for these cases you will be refunded. You will also be refunded for return shipping if you opted-in to the free international returns option. Other than these cases your payment is used to cover the cost of the shipping and if a shipping did occur then the payment is not refundable.
- Support Services. All support tickets are provided through our online support system, operated by Freshdesk. We make best efforts to reply to all tickets within 48 hours, but cannot ensure that your ticket will be resolved within that time frame. Please note that in order to use the Freshdesk support system, you will be required to set up an account and provide them with personal data. As part of our service policy we will assist you to solve all issues that related to Hipshipper shipments to help you meet the e-commerce platform requirements and high online reputation.
- Risks. Our services are meant to help you, but our services do not come risk-free. Like all online services, we have a risk prevention policy, but we cannot ensure that your use of the service will result with profits. Some of these risks include the fact that we use multiple shipping methods, and that some delays may occur. Other risks include the fact that buyers may provide negative feedback due to shipping or customs problems. You assume all risks related with the service.
- Warranty. All items shipped through the services are insured against loss, theft or damage with a maximum coverage of US$300, which is your maximum compensation in case of a lost package. Save for this warranty, we supply the service on an “as-is” and “as-available” basis. Your use of service is at your own risk and under your liability. We make no warranty that (i) the service will meet your requirements and (ii) the service will be uninterrupted, timely, secure, or error-free and (iii) the results that may be obtained from the use of the service will be accurate or reliable and (iv) the quality of any products, services, information, or other material purchased or obtained by You through the service will meet your expectations, or (v) any errors in the service will be corrected.
- Liability. For no case and for no reason shall we be held liable for any damage, direct or indirect, consequential, exemplary, physical or special, to you, any other user or any third party due to its misperformance of duties herein. We provide Service on an AS-IS basis and shall not be held liable, to the extent permitted by law, by any case of misconduct, negligence, gross negligence, malice or any other mean, to any damages or loss of property, including loss of your funds, damages to virtual property, reputation and business reputation, user account information including login information, loss of profit, loss of good name, all resulting from the use or inability to use services. Our liability for direct damages shall be limited to the fees that you actually paid us during the thirty days prior to the event causing the damage.
- Indemnity. You hereby warrant and agree to hold us harmless and to indemnify us for any damage, loss, expense, legal expense or cost incurred as a result of your use of the services in direct violation of these terms of service, including any false representation.
- Breach of Terms. Breach of these terms, including overriding our item restrictions, weights, and/or prices will void any responsibility, warranty, and/or guarantee to ship, support, return and/or refund shipments. Moreover we may terminate your use of the service without notice.
- Terminating The Service. We shall have the right to terminate your use of the service or to terminate the service at any time and by providing a 30 day prior notice. Moreover we may terminate your use of the service at any time and without prior written notice in any case where you breached these terms and such breach may cause us irreparable harm.
- Availability. We might disable the service from time to time for scheduled backups, maintenance or upgrades. In some extreme cases, where urgent maintenance is required, we may disable the service immediately and without notice.
- Amending These Terms. We may amend these terms from time to time, provided that you shall be informed through electronic communication on such amendment and shall be granted to option to terminate your agreements with us by providing a 30 days prior written notice.
- Governing Laws, Jurisdiction, No Class Action. The laws of the state of Israel shall exclusively govern these terms of service. Any dispute you may raise against us must be brought solely in the competent courts of the Tel Aviv district. You undertake to initiate only suits on your behalf and not to file any class action lawsuit against us.
Client (Seller) Privacy Policy
Our Privacy Policy for Customers (not buyers). You are not required to provide us with any personal data; and all personal data you provide us is made only upon and conditioned on your specific consent. Without such consent we cannot provide you with our services.
How Do We Collect Personal Data? We collect personal data in three ways. The first is the information you fill out on the forms we provide you; the second is what we receive from the marketplaces and commerce sites that you connected with your account and the third is by collecting technical information when you use our website.
What Personal Data Do We Collect and Process? We first collect your contact information, which includes the email address you used when signing up to our services, and other personal contact information you specifically provided us. Then, we collect the data which relates to your business, which may or may not be personal data, and includes the items you listed, the people who bought these items from you, the prices you requested for such items, the sums you received from payment processors, and similar information that relates to your transaction. We also collect technical, non-identifiable data, which includes your browser type, device type, IP Address and the pages you viewed on our website.
How Do We Use This Personal Data? We use the personal data to provide you with the services. This is simple: we use this to operate the site, to act on your behalf in commerce sites and to contact shipping providers to fulfill your orders. We may also send you periodic newsletters and updates about the service, which you may opt-out from at any time.
Who Else May Receive A Copy of Your Personal Data? Our services use third parties to provide a part of the services, such as hosting providers, we provide these third parties with some of your data. Save for information which inherently is meant to be public (your items and public profiles listing) all other information is provided under a strict confidentiality obligations.
The third parties are: Amazon, Shopify, and/or eBay which both you and us use to provide buyers with the products, Stripe and/or PayPal, which is used as a payment provider, and shipping carriers, including Asendia, FedEx, USPS, DHL, Shipstation, and Endicia.
Also, please note that all personal data printed on the shipping label may be viewed by people who handle the packages on the way.
Can You Review or Remove Your Information? Yes. You can always review your information by using our panel, or by contacting us via email. You can also request to delete all relevant information. If you request that we remove information, it might take some time for it to be removed from the third party indices, they may request additional proof to remove such information or refuse to do so.
Can You File A Complaint? Yes. Our privacy officer will receive all complaints via email, and shall provide yearly reports.
Compliance With Law Authorities. We comply with competent and authorized law authorities and shall provide them with information should we receive a valid request.
End User (Buyer) Privacy Policy
Our Privacy Policy for Customers (not buyers). You are not required to provide us with any personal data; and all personal data you provide us is made only upon and conditioned on your specific consent. Without such consent we cannot provide you with our services.
How Do We Collect Personal Data? We collect personal data in one way: we receive information from the person you bought the item from and from the e-commerce website.
What Personal Data Do We Collect and Process? We collect your contact information, which is required to deliver the package to you, as well as transactional information regarding the items you purchased.
How Do We Use This Personal Data? We use the personal data to print a shipping label and to ensure that you get the package. That’s it. We don’t send out newsletters, we don’t sell your data, we just ship packages.
Who Else May Receive A Copy of Your Personal Data? Our services use third parties to provide a part of the services, such as hosting providers, we provide these third parties with some of your data. All information regarding you and your package are confidential and will not be posted publicly.
The third parties are: Amazon, Shopify, and/or eBay which both you and us use to provide buyers with the products, Stripe and/or PayPal, which is used as a payment provider, and shipping carriers, including Asendia, FedEx, USPS, DHL, Shipstation, and Endicia.
Can You Review or Remove Your Information? Yes. You can always review your information by using our panel, or by contacting us via email. You can also request to delete all relevant information. If you request that we remove information, it might take some time for it to be removed from the third party indices, they may request additional proof to remove such information or refuse to do so.
Data Retention Regardless, we remove personal identifiable information such as names, addresses and email from our control panel 30 days after shipment, or 14 days after item delivery, the later of the two.
Can You File A Complaint? Yes. Our privacy officer will receive all complaints via email, and shall provide yearly reports.
Compliance With Law Authorities. We comply with competent and authorized law authorities and shall provide them with information should we receive a valid request.
Hipshipper Insurance Coverage Rules
The coverage insures the parcel and its contents against damage or loss from any external cause while in transit to, or from, premises utilized by the Insured and in care, custody, or control of carriers listed within the United States of America (including its possessions and trusts) and Canada EXCEPT as hereinafter excluded. Underwriters shall be liable for the invoice value of property lost, destroyed, or damaged; in the event there is no invoice, the Underwriters shall be liable for the actual cash value of the property.
Hipshipper coverage does not insure the following:
- Accounts, bills, bullion, currency, deeds, evidence of debt, furs, original/fine art, computer chips, money, notes, securities, perishable cargo, precious/semi-precious stones, televisions, tickets, laptop computers, cellphones, personal goods, or similar property unless endorsed in writing.
- Merchandise shipped on consignment, memorandum, or approval unless shipped in fulfillment of an order or request.
- Loss, damage, or non-arrival of any parcel which:
- Is addressed, wrapped or packed insufficiently, incorrectly or contrary to the carrier's packaging requirements
- Bears a descriptive label or packaging which tends to describe the nature of its contents.
- Any parcel containing personal goods to accommodate an employer and/or employee.
- Against loss or damage caused by or resulting from:
- Hostile or warlike action in time of peace or war, including action hindering combating, or defending against an actual impending or expected attack by any government or sovereign power (de jure / de facto), or by any authority maintaining or using military, naval, or air forces, by military, naval, or air forces, by an agent of any such government power, authority, or forces.
- Any weapon of war employing atomic fission or radioactive force whether in time of peace or war
- Insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.
- Nuclear exclusion. Notwithstanding anything herein contained to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or arising out of, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination regardless of how it was caused. However, subject to all provisions of this policy, the direct physical damage to the property insured, located within the United States or any territory of the United States or Puerto Rico by fire directly caused by the above excluded perils, is insured, provided that the nuclear reaction, radiation, or radioactive contamination was not caused, whether directly or indirectly, by any of the perils excluded by this policy. Nothing in the above wording shall be construed to cover any loss, damage, liability, or expense caused by nuclear reaction, radiation, or radioactive contamination arising directly or indirectly from the aforementioned above.
- Arising out of infidelity, dishonesty, or any overt act on the part of the Insured, associate in interest, and/or any of the Insured’s employees whether occurring during hours of employment or otherwise, nor on the part of custodians (common carriers excepted), or the property insured unless specifically endorsed hereon in writing.
- Arising out of loss of market, latent defect, inherent vice, delay, loss of use, clean up costs, decay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against.
- Hipshipper will not insure coin or jewelry shipments to or from the following zip codes: 10017, 10036, 94102, 94108.
- Arising out of loss from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes.
Conditions:
- It is warranted by the insured that all parcels under this coverage will be shipped in strict accordance with all regulations of the carrier and amendments thereof.
- The underwriters shall not be liable for any loss or damage to property covered by other valid and collectible Insurance nor for carrier's liability. Coverage shall be for EXCESS of aforementioned. COVERAGE CONTINGENT upon Insured being reimbursed by the carrier for carrier's liability. Payment from the carrier does not guarantee approval of claim.
- The deductible, if any, shall be deducted from the amount of the claim or liability limit, whichever is less, on a "per parcel" basis and borne by the Insured. The Insured shall be responsible for (and entitled to) collecting any amount for which the carrier may be liable.
- If this policy is written on a monthly reporting basis, the monthly report of shipments will be sent to Hipshipper along with payment for the earned premium due, and the backup declared value reports within ten (10) days following the end of each month. The Report of Shipments must show the "Reporting Basis" (listed in the declarations), the applicable rate, and earned premium due. Failure to report all shipments during any one reporting period could result in a claim being denied. Failure to insure the total value of your goods on each shipment will result in a co-insurance penalty; i.e., We will not pay a greater proportion of loss then the values you reported divided by the actual values of the goods. Underwriters reserve the right to audit Insured’s books/records at any time during the normal working hours of the Insured to ascertain/verify the accuracy of the monthly reports submitted. Failure of the Insured to cooperate with all reasonable requests will result in suspension of coverage and denial of outstanding claims.
- The Insured will file notice of non-delivery or damage with the carrier within the carrier's claim reporting period, but in no event shall such notification exceed thirty (30) days from date Insured had knowledge of said non-delivery or damage. All claims are to be submitted to Hipshipper within sixty (60) days from the date on the carrier's check. The Insured will submit a completed Hipshipper claim form, proof of carrier payment, copy of carrier tracer form showing L.D.I. or other identifying number, copy from original invoice to consignee, whichever of the aforementioned is applicable, and any additional documentation requested to substantiate loss. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs), or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
- The Insured must file notice of non-delivery or damage with Hipshipper within ninety (90) days from date of shipment for United States Post Office shipments. There is a twenty-one (21) day waiting period before the Insured may file a notice of non-delivery to Hipshipper for packages shipped domestic via the United States Post Office. No claims will be honored if filed after the 90 day expiration period. The Insured will submit completed Hipshipper claim form, copy of the original invoice to the consignee, signed and dated statement from the consignee, proof of damage if applicable and any additional documentation requested to substantiate loss. Shipping costs must be included in the declared value in order to be paid with claim. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs) or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
- The Insured must file notice of non-delivery or damage with Hipshipper within ninety (90) days from the date of shipment for United States Post Office shipments. There is a forty-five (45) day waiting period for packages shipped international via the United States Post Office before you may file a notice of non-delivery with Hipshipper. For packages shipped to Italy, there is a sixty (60) day waiting period. APO/FPO shipments require a forty-five (45) day waiting period before filing a notice of non-delivery with Hipshipper. No claims will be honored if filed after the ninety (90) day expiration period. The Insured will submit completed Hipshipper claim form, copy of the original invoice to the consignee, signed and dated statement from the consignee, proof of damage if applicable and any additional documentation requested to substantiate loss. Shipping costs must be included in the declared value in order to be paid with the claim. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs), or replacement has been made, must, on request, be returned to the Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
- The Insured will have one (1) year from the date of shipment to provide any required and/or additional documentation which has been requested of the Insured to substantiate said claim. Failure to provide the required and/or additional documentation within one (1) year from the ship date will result in the denial of the claim.
- Any covered loss will be promptly paid to the Insured or his Assignee after notice of loss or damage and required documentation has been received and accepted by underwriters in accordance with the terms and conditions of this coverage, unless property is replaced, at the option of Underwriters, with like kind, function, and quality.
- Upon payment or replacement for loss or damage, the underwriters shall be subrogated to all of the rights of the Insured including whatever money may be recoverable, but excluding any deductible amounts applied to any claim settlement on account of said loss or damage from the carrier, or any of its officers or agents, or from any other person or corporation whatsoever. The Insured specifically covenants and agrees to assist the Company in every possible manner to secure reimbursement of said loss or damage. In the event the carrier admits to fraudulent activity from carrier employee’s, the insured will take action against the carrier and not hold Hipshipper responsible for claims associated.
- No suit or action or proceedings for the recovery of any claim under this Coverage shall be sustainable in any court of law or equity unless the same is commenced within twelve (12) months after discovery by the Insured of the occurrence which gives rise to the claim, provided however, that if by the laws of the State within which this Coverage is issued such limitation is invalid, then any such claim shall be void unless such action, suit or proceeding be commenced within the shortest limit to time permitted by the laws of such State to be fixed herein.