Acceptance of terms
Zendit (“Zendit”, “we” or “us”) provides its Service (as defined below) to you, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Services or our website located at https://guest.zendit.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Zendit of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Zendit will not be liable for any loss or damage arising from your failure to comply with this section.
Description of Service
The “Service” includes (a) the Site, (b) Zendit packaging (if applicable) and shipping services, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
General Conditions / Access and Use of the Service
Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Zendit. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Zendit provides you or publishes in connection with the Service, and you shall promptly notify Zendit if you learn of a security breach related to the Service. Additionally, Zendit partners with third party carriers to provide the Service. Accordingly, shipment of your items will also be governed by the terms and policies of our carrier partners, including, but not limited to UPS, Purolator, Canpar, FedEx, and DHL (and any other terms and policies set forth on our carrier partners’ respective websites) and you agree to comply with such terms and policies. We shall not have any liability or responsibility for the actions of any third party carrier that may provide shipping services for us in connection with the Service. Zendit terms and conditions shall always supersede and override the third party carriers terms and conditions.
In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with Zendit’s acceptable use policy (“AUP”), as described in this section. You will not use the Service to (or assist another person to):
upload or transmit any content or materials that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) in the sole judgment of Zendit, is objectionable, knowingly false, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Zendit or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, provincial, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Any software that may be made available by Zendit in connection with the Service, including without limitation the bookmarklets or plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by Zendit for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Zendit or any third party is granted to you in connection with the Service.
You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Zendit’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Zendit will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
The failure of Zendit to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and Zendit, even though it is electronic and is not physically signed by you and Zendit, and it governs your use of the Service and takes the place of any prior agreements between you and Zendit.
Subject to the terms hereof, Zendit may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
When shipping to the U.S. or other international destinations, most shipments are subject to the assessment of duties and taxes imposed by the importing country’s government. It is imperative to consider the effects of these fees when determining your shipping costs. Zendit shipment rates and additional charges do not include applicable duties, taxes or brokerage fees (if applicable), so you must pay any fees related to the shipment to the carrier’s designated customs broker or your own customs broker. All cross-border shipments must have 3 copies of the commercial invoice attached to the outside of the box. The description of goods and corresponding HS code (if needed) must be accurate to avoid your HS code from being audited by customs. Failure to comply with these customs regulations may result in clearance delays. If you are not sure of the proper classification code, please check with your customs broker prior to filling out the customs invoice.
Important Tips for Gift Shipments
There are many countries that allow duty and/or tax-free entry for gift shipments if the value is less than a specified amount. This amount varies from country to country and, in most countries, the shipment must be sent from an individual to an individual – with no company involvement or indication of involvement on the shipping documentation. Please note that duty and/or tax-free entry is only available for shipments to countries that recognize special-entry status for gift shipments and there is typically a maximum dollar amount. We encourage you to check the destination country's requirements prior to shipping.
The following articles are only accepted for carriage as Courier Shipments at the Shipper’s risk (i.e., Zendit will not assume any liability for these articles and will not accept any claims for loss or damage in the shipment of these articles):
Glass, china, crystal, pottery, ceramics and other similarly fragile articles.
Articles requiring temperature-controlled services (i.e., a specific temperature is maintained during carriage).
Perishable items, and foods and beverages requiring refrigeration or other environmental control.
Unpackaged articles (see “Shipment Acceptance Policy – Unpackaged Articles”).
Privately packaged articles (e.g., not in manufacturer’s original packaging).
Articles not packaged in accordance with Zendit shipment acceptance policy (see “Shipment Acceptance Policy”).
Jewelry, other than costume or novelty jewelry.
Household goods and personal effects.
Articles designated as “Prohibited” in these Terms and Conditions but which have been tendered to Zendit and accepted for carriage (see “– Prohibited Shipments”).
Fragile articles including but not limited to electronic and electrical devices (including those in manufacturer’s original packaging), such as televisions and test equipment. This includes Shipments bearing “Fragile” or similar package handling markings.
Any “At Shipper’s Risk” Shipments accepted by Zendit travel on a “no-value” basis for the purpose of claims for damage (i.e., the Customer cannot increase Zendit liability by declaring a value for such Shipment in the designated user entry field).
Shipment Acceptance Policy
The contents of a Shipment must be held firmly in place by the interior (internal) packaging system. Interior packaging must surround the article and prevent movement within the carton to protect carton contents from normal external forces, including pressure exerted by stacking other Shipments on top of it. Sufficient internal packaging is especially important for lightweight and/or fragile Shipments. Shipments not packaged in accordance with Zendit shipment acceptance policy will travel at the Shipper’s risk
You may not tender for shipment any of the following prohibited items:
Cash and currency.
Firearms, weaponry and parts thereof.
Alcohol or alcoholic beverages.
Tobacco (in certain countries)
Drugs, prescription drugs (to some International destination)
Items or commodities that are prohibited to either be possessed or shipped by applicable local, state or federal law.
Dangerous goods (hazardous materials)
Hazardous waste. This includes, but is not limited to, used hypodermic needles or syringes transported for sterilization, recycling, disposal or for any other purpose, or other medical waste.
Packages that are wet, leaking or emit an odor of any kind.
Live animals, except as provided in the Live Animals and Ornamental Marine Life (Including Live Fish) section. (Edible seafood, such as live lobsters, crabs or other types of fish and shellfish for human consumption, is acceptable, provided the shipper is in compliance with all local, state and federal laws.)
Animal carcasses. (Animal heads and other parts for taxidermy may be accepted but must be properly packaged. This restriction does not apply to properly packaged meat or poultry products intended for human consumption.)
Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
Shipments that require us to obtain a local, state or federal license for their transportation. Some examples are Prescription Drugs and Rx.
Shipments that may cause damage or delay to equipment, personnel or other shipments.
Lottery tickets and gambling devices where prohibited by law.
Waste or garbage for disposal.
Any other items prohibited by law as detailed by our partners UPS, Purolator, FedEx, DHL, or any of our other carrier partners.
You hereby represent and warrant that (i) none of your shipments contain any illegal, hazardous or prohibited items and (ii) you will comply with all applicable shipping laws, including 49 C.F.R. and federal Hazardous Materials Regulations. You agree to reimburse Zendit for any expenses or costs, including consequential damages, we or anyone else may incur as a result of a breach of the foregoing representation and warranty.
We reserve the right, but have no obligation, to open and inspect your shipment at any time and may permit and/or contact government authorities to carry out such inspections and seize shipments as they may consider appropriate. We may also photograph items in your shipment for our internal use in order to provide the Services. We reserve the right to reject or suspend the carriage of any prohibited items or any shipment that contains materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our service providers. We may or may not notify you of any of the foregoing and we are not responsible for and hereby disclaim any liability relating to any non-delivery of any items that are prohibited by this TOS or by law and any such items may be turned over to authorities, discarded, or returned to the sender (in each case in Zendit’s sole discretion). You may request that Zendit and its agents or third party business partners not open, remove packaging, or otherwise inspect your Pre-Packaged Shipment (defined herein). By doing so, you waive any right to reimbursement for loss or damage to your shipment, as further specified in this TOS. However, you acknowledge and agree that Zendit (and its agents or third party business partners) may take such actions with respect to your shipment, even if you request otherwise, if Zendit determines in its sole discretion that such action is necessary to assess compliance with this TOS or is otherwise required by applicable law or regulation. You acknowledge and agree that you, and not Zendit, are solely responsible for your compliance with this TOS, including without limitation the AUP. Zendit is not liable for damage to your shipment (including a Pre-Packaged Shipment) or any harm to a person meant or a person which results from your non-compliance with this TOS.
To the extent the Service or any portion thereof is made available for any fee, you will be required to provide Zendit information regarding your credit card or other payment instrument. You represent and warrant to Zendit that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for shipment, all charges for the shipment and any additional fees payable to Zendit (“Charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize Zendit to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be those in effect at the time of shipping, available either via email, on the Site. The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. If you dispute any Charges you must let Zendit know within sixty (60) days after the date that Zendit bills your payment instrument. We reserve the right to change Zendit’s rates. If Zendit does change any of its rates, Zendit will post the new rates to the Service, effective as of the posting date. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than Canadian taxes.
Shippers are responsible for providing accurate and complete shipment information to Zendit, including service selected, number, weight, and dimensions of shipments. If any aspect of the shipment information is incomplete or incorrect as determined by Zendit and or the carriers, Zendit may adjust charges at any time.
Bank and credit card fees: Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the "merchant location" (as defined by the card brand (e.g. Visa, MasterCard, American Express)) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on the Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
Third Party & Social Networking Services
In addition, Zendit is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Third Party Services, including user names or shipping addresses. As such, Zendit is not liable for any damage, loss, or delay caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Services or information received from such Third Party Services. Zendit enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You have the right to terminate your account at any time by sending a cancellation request to firstname.lastname@example.org. Subject to earlier termination as provided below, Zendit may terminate your Account and this TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, Zendit may also terminate this TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS. Also, Zendit may terminate this TOS immediately without notice if you violate any provision of the AUP, as determined in Zendit’s sole reasonable discretion. Zendit reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Except as provided above, upon any termination of your account, Zendit may store all of Your Content on the Service (if any), or it may be permanently deleted by Zendit, in its sole discretion. If Zendit terminates your account without cause and you have signed up for a fee-bearing service, Zendit will refund the pro-rated, unearned portion of any amount that you have prepaid to Zendit for such Service. However, all accrued rights to payment and the terms of Sections shall survive termination of this TOS.
Disclaimer of warranties
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Zendit or by third-party providers, or because of other causes beyond our reasonable control, but Zendit shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE, SOFTWARE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND ZENDIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT ZENDIT DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SOFTWARE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM ZENDIT OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of liability
EXCEPT AS PROVIDED IN SECTION 14, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL ZENDIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE LAST SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR, IF NO FEES APPLY, ONE HUNDRED ($100) CANADIAN DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
You shall defend, indemnify, and hold harmless Zendit from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS (including but not limited to your representations and warranties in Section 5.2), any of Your Content, or your other access, contribution to, use or misuse of the Service. Zendit shall provide notice to you of any such claim, suit or demand. Zendit reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Zendit’s defense of such matter.
Responsibility for loss or damage
Zendit’s liability for loss or damage to each shipment is limited to a value of $100, where damage is at the sole discretion of Zendit, and except as set forth below. Unless a specified level of insurance is purchased through the Zendit website during the checkout process, you agree that the released value of each shipment is no greater than $100, which is a reasonable value under the circumstances surrounding the transportation, and that Zendit shall not be liable for more than $100 for each shipment. Zendit may reimburse you for loss or damage above $100, if you declare a value in excess of $100 for the matching amount on the Zendit website. However, for clarity, any reimbursement hereunder may not exceed the total value of the original shipment, irrespective of the value declared on the Zendit website. If you declare a higher value for a shipment, you may be required to pay an additional charge at the rates set forth in the Services at the time of confirmation of a shipment. You may not declare a value in excess of $5,000 per shipment. A “shipment” as it is used in this section means all packages tendered for shipment in a single order or transaction, whether or not such order or transaction covers one or more discrete packages. Acceptance for shipment or receipt of payment for any shipment bearing a declared value above the limitations set forth herein does not constitute a waiver of any provisions of this TOS. If you declare value in excess of what is permitted under this TOS, it is your sole responsibility to timely request an adjustment to cover any additional charges. If you fail to do so, you will be liable for all additional charges. Subject to the foregoing limitations, Zendit’s liability for loss or damage to a shipment shall be the lower of (a) the actual purchase price or (b) the reasonable cost of repair or replacement of the lost or damaged shipment, in each case as shown by reasonable supporting documentation.
Notwithstanding the foregoing, Zendit shall NOT be liable for loss or damage to any shipments which (collectively, “Excluded Shipments”):
are damaged or destroyed as a result of handling or inspection by customs.
are pre-packaged by you, and either (a) you have specifically requested that Zendit and its representatives not open, repackage, or otherwise handle except as necessary to deliver the shipment to a carrier, or (b) Zendit reasonably believes that you intend for the shipment to be delivered to the carrier “as is,” without additional packaging or repackaging (the foregoing, collectively, “Pre-Packaged Shipments”).
which are marked as “delivered” by the carrier.
which are lost or damaged as a result of a “force majeure” event or “act of God,” including without limitation severe weather, war, an act of terrorism, or riot.
If a shipment is lost or damaged while in Zendit’s Possession, you may file a claim with Zendit for reimbursement. You may only file one claim per shipment. A claim filed directly with the carrier nullifies any such claim with Zendit for same shipment. For purposes hereof, an item shall be deemed to be in “Zendit’s Possession” from the point Zendit collects the item from you until the item reaches the end destination via one of our mailing partners. Any insurance must be purchased separately from an insurance provider.
For damaged shipments, all claims must be submitted via email@example.com within 30 days of the “ship date” for domestic and international shipments.
For lost shipments which you report, Zendit will conduct an initial investigation to locate lost packages, including by contacting any third party carrier, the sender, or the recipient as necessary. If Zendit cannot locate the package within 10 business days, Zendit will send or electronically provide a “Loss Claim Form” to the sender to officially open the claim. If Zendit is able to recover a package, Zendit will return the package to the sender and reimburse you for the actual cost of shipping billed to the sender. If the services provide an expected delivery date, an initial claim may be filed as early as 48 hours after the expected delivery date for domestic shipments sent by carriers. Initial claims for loss of a shipment must be submitted within 30 days of the shipment date.
Supporting documents must be provided to Zendit within 15 days of receipt of a Loss Claim Form. The original receipt of the shipping label and an image or photograph of the damaged or non-delivered item may be required when filing a claim. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and original packing must be available to us for inspection and retained until the claim is resolved. Written documentation (such as a receipt, invoice or quote for repair services) showing the actual purchase cost of the items or the reasonable cost to repair or replace such a lost or damaged item supporting the amount of a claim will also be required. All supporting documentation must be submitted within 15 days of claim initiation and maintained by the sender until the claim is resolved. If a lost item which is the subject of a claim is recovered during the claim process, the current claim shall expire, and within 30 days of such expiration, you may submit a subsequent claim for damage, if applicable, as set forth above.
Most claims are resolved within 14 to 21 business days; however, some claims have longer resolutions times due to the time required to investigate the claim. Zendit shall take all reasonable efforts to resolve a claim as soon as is practical, provided that Zendit shall have at least 10 business days from initial receipt of a claim to respond.
Your acceptance of reimbursement for a claim (“Resolution”) will extinguish any other rights you may have for loss or damage the shipment which is subject to that claim, and if such shipment is recovered following Resolution, you acknowledge and agree that Zendit has no obligation to return such shipment to you or to pay you any additional amounts with respect to such shipment, and Zendit shall have the express right to reclaim or pick up such shipment from wherever the shipment is located.