Inxeption Shipping Terms of Service
Last updated: October 11, 2019
These terms ("Shipping Terms") apply when you elect to receive shipping services ("Inxeption Shipping") in connection with your Inxeption account as described in the Inxeption Merchant Community Terms. Inxeption may update its shipping services from time to time, and any new features or tools added to Inxeption Shipping will also be subject to these Shipping Terms. Inxeption may also update these Shipping Terms, including the pricing thereof, from time to time, by giving you notice via your Inxeption platform, email, or other method. Your continued use of Inxeption Shipping after the effective date of any change will constitute acceptance of such updated terms. You can review the current version of the Shipping Terms at any time at https://www.inxeption.com/terms/inxeption-shipping-terms-of-service.html.
A. Inxeption Shipping
You must read, agree with, and accept all of the terms and conditions contained in these Shipping Terms before you begin to use Inxeption Shipping.
You agree to use Inxeption Shipping in accordance with all procedures that are provided to you by Inxeption, at any time. If you do not agree with these procedures, then you should not use Inxeption Shipping.
Inxeption Shipping allows you access to purchase United States Postal Service ("USPS") postage, United Parcel Service, Inc. ("UPS") services, ABF Freight Systems, Inc. ("ABF") services and DHL Express (USA), Inc. ("DHL") and each of UPS, USPS, ABF and DHL (a "Carrier" and together the "Carriers") services to assist you in fulfilling your Inxeption orders. You do not need to create accounts with the Carriers to use Inxeption Shipping.
B. Your Responsibilities
Inxeption serves solely as an intermediary between you and the Carrier, allowing you to purchase their services. You are responsible for shipping to your customers. Inxeption is not responsible for picking up, transporting, delivering or otherwise dealing with your shipment.
Your use of Inxeption Shipping with UPS is subject to, and you are responsible for compliance with, all applicable UPS rules. See UPS for the terms and conditions governing your shipment with UPS.
Your use of Inxeption Shipping with USPS is subject to, and you are responsible for compliance with, all applicable USPS rules. See Shipping Restrictions for more information about what you are and are not permitted to ship through USPS, and Mailing Standards for packaging and labelling requirements.
Your use of Inxeption Shipping with DHL is subject to, and you are responsible for compliance with, all applicable DHL rules. See DHL’s Terms and Conditions of Carriage for the terms and conditions governing your shipment with DHL.
Your use of Inxeption Shipping with ABF is subject to, and you are responsible for compliance with, all applicable ABF rules. See ABF’s ARC Rules Tariff for the terms and conditions governing your shipment with DHL.
You are responsible for compliance with all local and international shipping and customs regulations.
Use of Inxeption Shipping must be associated with Inxeption Orders ("Order" or "Orders"). An Order is any committed sales order entered into your Inxeption Platform. Shipping Labels may not be transferred or sold to a third party. You are permitted to charge or pass through your shipping costs to your customers at your discretion.
You agree not to duplicate, copy, reproduce, sell, resell or exploit any portion of Inxeption Shipping, use Inxeption Shipping, or access Inxeption Shipping without the express written permission of Inxeption. You may not use Inxeption Shipping for any illegal or unauthorized purpose. You may not, while using Inxeption Shipping, violate any laws in your jurisdiction or the laws of the United States of America or the State of California.
INXEPTION PROVIDES ACCESS TO INXEPTION SHIPPING ON AN "AS IS" AND "AS AVAILABLE" BASIS.
INXEPTION PROVIDES ACCESS TO INXEPTION SHIPPING ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY ANY AND ALL APPLICABLE LAWS, INXEPTION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING INXEPTION SHIPPING. INXEPTION DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. INXEPTION SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF INXEPTION SHIPPING, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH INXEPTION SHIPPING. IN NO EVENT SHALL INXEPTION'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR INXEPTION SHIPPING.
You agree to indemnify and hold Inxeption and (as applicable) our Inxeption partners, officers, directors, agents, subsidiaries, affiliates, and employees, harmless from any liability, claim, expense, loss or demand, including reasonable attorneys’ fees, arising out of or in any way connected with any unauthorized use of Inxeption Shipping, your breach of these Shipping Terms or the documents it incorporates by reference, your violation of any law or the rights of a third party, your data that you uploaded, either by you or on your behalf, or any of your actions or omissions related to Inxeption Shipping.
Inxeption will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. If any such charges become due as a result of your use of Inxeption Shipping and are charged to Inxeption by any competent authority, you agree to reimburse Inxeption fully in respect of the same within 7 days of Inxeption’s demand.
Any use by you of Inxeption Shipping is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which shipping services are provided by the USPS, UPS, ABF, and DHL.
You agree that you will pay the applicable Fees for all Orders shipped using Inxeption Shipping (the "Fees"). A shipment ("Shipment") is merchandise transported under the terms of a single bill of lading or waybill, irrespective of the quantity or number of packages, containers, or pieces. One shipment corresponds to one tracking number from a logistics company.
All Fees will be charged to your Inxeption Shipping Invoice, according to the Shipment costs, minimum Shipment costs, transaction charges and any other charges, and the payment terms and schedule noted in the Inxeption Commerce Partner Order Form (the "Order Form). You are responsible for any applicable Taxes (as defined in the Inxeption Terms of Service) associated with the Fees.
Some Fees may be based on the Gross Revenue of the Order. The Gross Revenue is the total price of all the goods in the Order, based on the sales price for each product in your Inxeption Product Ledger. This Gross Revenue does not include any discounts, promotions, or adjustments given by you to your customer.
In the case of an Order with a total shipping charge that is more than 50% of the shipment’s Gross Revenue, you agree to pay the full cost, to Inxeption from the Carrier, for the Shipment.
Inxeption will, from time to time, withdraw from your bank account via ACH or similar manner, the aggregate Fees you have incurred from Inxeption Shipping. If your account is overdrawn, has insufficient funds or if we are otherwise not able to collect payment from you for the invoiced Fees, you will not be able to purchase any postage, Shipping Labels or services through the Inxeption Platform Shipping until such Fees are paid.
You authorize Inxeption to withdraw from your bank account currently used to pay for your Account via ACH or similar manner, any Fees incurred in relation to Inxeption Shipping, in accordance with these Shipping Terms. You will be responsible for payment in the event we are otherwise unable to collect payment from you. We will inform you of any overdue Fees via email or your Inxeption Platform.
Users have approximately two weeks to bring up and settle any issues with the billing. After two weeks, you have agreed that there are no issues with the Fees. You waive the right to object to any invoice you do not dispute within 10 business days after the date of the invoice. Any dispute must be submitted to Inxeption via your Inxeption Platform or via email. There are no refunds for unused labels.
For Orders shipped using Inxeption Shipping, the associated Shipment(s) may be audited for total Gross Revenue, weight, dimensions, mail class, package type and Zip or Postal Code. If an audit reveals that the Order does not accurately represent the goods shipped, additional Fees or credits may be applied to your Account.
If a Shipment is determined to be undeliverable by the carrier, you may be contacted to determine whether to have the Shipment returned or abandoned. You are responsible for all Fees associated with returned or abandoned Shipments, regardless of whether you have approved the return or abandonment of the Shipment. Undeliverable Shipments may result in additional fees from the carrier, for which you will be responsible.
Inxeption is not responsible for, and will not be obligated to credit Fees for:
- Lost or damaged Shipments
- Delayed Shipments
- Misdirected Shipments
You must look only to the carrier for claims regarding such Shipments. Inxeption will provide you with reasonable information as necessary to make such claims, via your Inxeption Platform.