Inxeption Shipping Terms of Service
Last Updated February 25, 2020
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 Business 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 (as defined in the Inxeption Business Community Terms), 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.
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, at all times, in accordance with all procedures that are provided to you by Inxeption. 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”) services (each of UPS, USPS, ABF, and DHL, a “Carrier” and together the “Carriers”) 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. A “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.
Your use of Inxeption Shipping with UPS is subject to, and you are responsible for compliance with, all applicable UPS rules. See the UPS Tariff / Terms & Conditions of Service and the UPS Technology Agreement for the terms and conditions governing your Shipment with UPS. See the UPS Rate & Service Guide for the latest published rate information.
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. An “Order” is a 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 INDIRECT LIABILITY ARISING FROM OR RELATING TO YOUR USE OF INXEPTION SHIPPING, INCLUDING BUT NOT LIMITED TO ANY 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 seven (7) calendar 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 Carriers.
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 payment terms, unit price, transaction charge, minimum charge, and any other charges noted in the Inxeption Commerce Partner 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 Ledger. This Gross Revenue does not include any discounts, promotions, sales taxes, other taxes, fees, shipping charges, or adjustments given or charged by you to your customer.
If you are creating a Shipment manually based on transactions completed outside the Inxeption Platform, you must enter the Gross Revenue of the Order into the Inxeption Platform. If Gross Revenue is not entered, Inxeption reserves the right to charge a $200 processing fee per Order and the actual shipping cost.
Inxeption reserves the right to review and adjust your Fees (“Fee Changes”). We will communicate any Fee Changes to you via email prior to any Fee Changes taking effect. Your continued use of Inxeption Shipping after the Fee Changes go into effect constitutes your agreement with the Fee Changes.
For cancelling Orders and associated Shipments, you must abide by the following:
- UPS: you must cancel both the Order and the associated Shipments in the Inxeption Platform prior to pick-up by the Carrier. For freight, if you do not cancel the Shipment in a timely manner and the Carrier arrives for pick-up, you agree to reimburse Inxeption for any Fees that the Carrier may impose.
- ABF: you must cancel the Order in the Inxeption Platform and cancel the Shipment by contacting ABF directly prior to pick-up by Carrier. If you do not cancel the Shipment in a timely manner and the Carrier arrives for pick-up, you agree to reimburse Inxeption for any Fees that the Carrier may impose.
If you cancel the order but do not cancel the associated Shipments and the Shipments are picked up by the Carrier, you will be charged the applicable Fees for the order. If you cancel the Shipment but do not cancel the associated Order, you will be charged the applicable Fees.
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.
For shipping with UPS parcel, an additional charge applies for packages that are considered large (“Large Package Surcharge”). Additionally, Shipments that exceed the weight or size restrictions set forth in UPS terms and conditions of service may be subject to Over Maximum Limit charges (“Over Max Charges”) that are in addition to all other applicable charges including but not limited to the Large Package Surcharge. UPS reserves the right in its sole and unlimited discretion to return such Shipments to you at your expense. You are solely responsible for paying the Large Package Surcharge and Over Max Charges. We may bill you for these charges in subsequent Inxeption Shipping invoices after we receive the charges from the Carrier.
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 agree to maintain your bank account or other payment information up-to-date and current at all times. 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 until such Fees are paid and we will charge a $200 processing fee. 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.
You have 14 calendar days from receiving an Inxeption Shipping invoice to bring up any issues with the Fees. You waive the right to object to any invoice you do not dispute within 14 calendar days after the date of the invoice. Any dispute must be submitted to Inxeption via your Inxeption Platform or via email to email@example.com. There are no refunds for unused shipping labels.
For Orders shipped using Inxeption Shipping, the associated Shipments 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, you will be charged the actual shipping cost and any additional Fees imposed by the Carrier.
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
- Shipments refused delivery by recipient
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. Inxeption is not responsible for processing, investigating, or otherwise handling in any way your claims.