Acceptance of terms
Zendit (“Zendit”, “we” or “us”) provides its Service (as defined below) to you, subject to this Terms and Conditions agreement (“TCA”). By accepting this TCA or by accessing or using the Services or our website located at https://zendit.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TCA. We reserve the right, at our sole discretion, to change or modify portions of this TCA at any time.
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 TCA.
General Conditions / Access and Use of the Service
Subject to the terms and conditions of this TCA, 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 (acceptable use policy), 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 partner carriers (“Carriers”), including, but not limited to FedEx, DHL, UPS, Purolator and Canada Post (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 carrier’s terms and conditions.
In addition to (and without limiting the generality of) the other terms and conditions of this TCA, 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, (“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.
Items at shipper’s risk
Zendit will not assume any liability and will not accept any claims for loss or damage for the shipment of the below items:
Glass, china, crystal, pottery, ceramics and other similarly fragile articles.
Articles requiring temperature-controlled services.
Jewelry other than novelty jewelry.
Articles not packaged in accordance with Zendit “shipment acceptance policy”.
Articles designated as “Prohibited Items” in these Terms and Conditions but which have been tendered to Zendit.
Fragile articles including but not limited to electronic and electrical devices such as telephones, televisions, laptop and computers.
Any “At Shipper’s Risk” Shipments accepted by Zendit are shipped on a “no-value” basis for the purpose of claims for loss or damage (i.e., the Customer cannot increase Zendit liability by declaring a value for such Shipment).
Shipment Acceptance Policy
The contents of a Shipment must be held firmly in place by the internal and external packaging. Internal and external 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.
It is prohibited to ship any of the following items:
Cash and currency.
Bullion (of any precious metal).
Loose precious and semi-precious stones.
Firearms, weaponry and parts thereof.
Alcohol or alcoholic beverages.
Drugs, prescription drugs (to some International destination)
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.
Human corpses, human body parts, human embryos, or cremated or disinterred human remains.
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 “prohibited Items” as detailed by our carriers FedEx, DHL, UPS, Purolator and Canada Post.
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.
Zendit and its agents, Carriers or third party business partners reserve the right, 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 inappropriate. 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 TCA 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 acknowledge and agree that Zendit and its agents, Carriers or third party business partners may take such actions with respect to your shipment, if Zendit determines in its sole discretion that such action is necessary to assess compliance with this TCA 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 TCA, 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 TCA.
Estimated delivery dates
Shipper acknowledges that estimated delivery dates are only estimates and are provided without any warranty or guarantee. Zendit and the “Carriers” shall not be liable for any consequential or any damages to any party caused by any delay in delivery of the shipment under any circumstances.
When shipping to the United States or any other international destination, shipments may be subject to the assessment of duty and tax fees imposed by the importing country’s government. These fees are generally based on the value of the shipment, the purpose of shipment and the type of content. Zendit shipment rates do not include any applicable duties, taxes or brokerage fees (if applicable). Any of those fees, if any, will be directly assessed to the consignee and asked to be paid before the delivery of the shipment can occur. Failure to comply with the destination country customs regulations may result in clearance delays.
The Shipper acknowledges that it is the Shippers obligation:
To inquire about the applicable destination country customs rule to determine whether the items in his shipment are allowed in the destination country.
To inquire about the applicable destination country customs rule to determine whether the items in his shipment needs additional or special customs documentation.
To inquire about the applicable destination country customs rule to determine whether the items in his shipment are duty and tax free.
To pay or have the consignee pay for all duties and taxes related to the items in his shipment.
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. 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. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be those in effect at the time of shipping, available either on the Site or via email. The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. 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.
Shippers are responsible for providing accurate and complete shipment information to Zendit, including pickup address, selected service, number of package, weight, comparable size and destination address. If any aspect of the shipment information is incomplete or incorrect as determined by Zendit, Zendit may adjust charges at any time.
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 term and conditions.
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 TCA. 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.
Limitation of liability
Zendit’s liability for loss or damage to each shipment is limited to a maximum liability of $100.00 CAD per shipment, plus the amount paid for shipping unless a specified level of insurance is purchased through the Zendit website. The maximum allowed declared value is of $2,000.00 CAD per shipment. A “shipment” as it is used in this section means all packages tendered for shipment in a single order or transaction. Subject to the foregoing limitations, Zendit’s liability for loss 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”):
where Zendit or its Carriers reasonably believes that you intended for the shipment to be delivered to the carrier “as is,” without additional reinforced or proper packaging.
are damaged or destroyed as a result of handling or inspection by customs.
are marked as “delivered” by the carrier.
the consignee accepts the shipment without noting any damage on the delivery record
are lost or damaged as a result of a “force majeure” event or “act of God,” including but not limited to severe weather, war, an act of terrorism, floods, storms or any other event beyond the control of the carrier.
has improper, an incorrect or incomplete addresses as set out by the Sender
the consignee has moved or of being absent for any reason from the address provided by the sender
the goods being seized, detained, confiscated, appropriated, or the delivery of the goods being delayed by governmental agencies in countries through which the goods are transported up to and including their ultimate destination.
A limit of one claim per shipment is allowed. All Claims must be filled with Zendit. A claim filed directly with the Carriers nullifies any such claim with Zendit for the same shipment.
Supporting documents for Loss or Damage Claim must be provided to Zendit within 14 days of receipt of a Loss or Damage Claim Form. The original receipt of cost of goods and an image or photograph of the loss or damaged or non-delivered items will be required when filing a claim. Your acceptance of reimbursement for a claim (“Resolution”) will extinguish any other rights you may have for loss or damage for the shipment which is subject to that claim.
For any damage claim reported at delivery, we request that the original shipping cartons, and original packaging must be made available to us or to the Carrier for inspection and must be retained until the claim is resolved.
All claims for damaged shipments must be submitted via firstname.lastname@example.org within 14 days of the “delivery date” for domestic and international shipments.
For any reported lost shipment, we will conduct an investigation to first locate lost packages, including by contacting any third party Carrier, the sender, or the consignee as necessary. If Zendit or Carrier cannot locate the package within 14 business days, Zendit will electronically provide a “Loss Claim Form” to the sender to officially open the claim. If Zendit is able to recover the shipment, Zendit will return the shipment to either the sender or it will proceed to the delivery of the shipment if in accordance with the Carriers.
All claims for lost shipments must be submitted via email@example.com no longer than 30 days as of the estimated delivery date for domestic and international shipments.