Terms and Conditions

1. Agreement and eligibility

These Terms and Conditions govern use of the Service and set out the rights and obligations of everyone who accesses or uses it.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of them, you may not access the Service.

You represent that you are over the age of 18. ShipWiz does not permit anyone under 18 to use the Service.

Your use of the Service is also subject to the ShipWiz Privacy Policy, which explains how personal information is collected, used, disclosed, and protected. Please review it carefully.

2. Definitions

Capitalized words have the meanings below whether they appear in singular or plural form.

3. User accounts

When you create an Account, you must provide information that is accurate, complete, and current at all times. Failure to do so is a breach of these Terms and may result in immediate termination of your Account.

You are responsible for safeguarding the password used to access the Service and for activities or actions under your password, whether the password is used with our Service or a Third-Party Social Media Service.

You agree not to disclose your password to any third party. You must notify us immediately after becoming aware of any security breach or unauthorized use of your Account.

You may not use as a username the name of another person or entity, a name that is not lawfully available for use, a name or trademark subject to another person’s rights without appropriate authorization, or a name that is offensive, vulgar, or obscene.

4. Orders, prices, and payments

Placing Orders

By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.

Your information

To place an Order, you may be asked to supply information relevant to the Order, including your name, email, phone number, billing address, shipping information, and payment information processed through our payment provider.

You represent and warrant that you have the legal right to use any credit card, debit card, or other payment method used in connection with an Order and that the information you supply is true, correct, and complete.

By submitting that information, you authorize us to provide it to payment-processing third parties as needed to complete your Order.

Order cancellation

We reserve the right to refuse or cancel an Order at any time for reasons including Goods availability, errors in descriptions or prices, errors in the Order, suspected fraud, or an unauthorized or illegal transaction.

Your cancellation rights

Goods may be returned only in accordance with these Terms and any Returns Policy made available by ShipWiz. Any applicable Returns Policy forms part of these Terms.

Your right to cancel applies only to Goods returned in the same condition in which you received them, together with applicable instructions, documents, and wrappings. Goods that are damaged, worn beyond opening, or otherwise not in the condition received will not be refunded. You should take reasonable care of Goods while they are in your possession.

We will reimburse eligible returns no later than seven days after receiving the returned Goods, using the same means of payment used for the Order and without charging a reimbursement fee.

You will not have a right to cancel an Order involving:

• Goods made to your specifications or clearly personalized.
• Goods that are not suitable for return, deteriorate rapidly, or are expired.
• Goods that are not suitable for return for health-protection or hygiene reasons and were unsealed after delivery.
• Goods that, after delivery, are inseparably mixed with other items.
• Digital content not supplied on a tangible medium if performance began with your prior express consent and acknowledgment that the cancellation right was lost.

Availability, errors, and inaccuracies

We continually update offerings through the Service. Goods may be mispriced, inaccurately described, or unavailable, and information may be delayed when updated in the Service or in advertising on other websites.

We do not guarantee the accuracy or completeness of information including prices, product images, specifications, availability, and services. We may change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.

Prices

We reserve the right to revise prices at any time before accepting an Order.

Quoted prices may be revised after accepting an Order if delivery is affected by government action, changes in customs duties, increased shipping charges, higher foreign-exchange costs, or another matter outside our control. In that event, you will have the right to cancel the Order.

Payments

Goods are subject to a one-time payment through the payment methods made available in the Service, which may include approved credit or debit cards and Apple Pay.

Payment cards are subject to validation checks and authorization by the card issuer. If required authorization is not received, we are not liable for delay or non-delivery of the Order.

5. Carrier surcharges

If inaccurate details are provided for a shipped package, a carrier may issue a surcharge within a month after shipment. ShipWiz may contact the sender using the email on file. Failure to respond within two weeks may lock the user’s Account until the invoice is paid.

ShipWiz will review the Account standing and reactivate it within 24 hours after successful payment. We may require all open invoices to be settled before unlocking an Account.

ShipWiz may automatically charge an on-file payment method for surcharges when the shipment details and carrier explanation are communicated through the app, email, or text message. ShipWiz may charge a 10% processing fee if Account surcharges are excessive and costly. Senders who fail to pay overdue invoices, or who dispute surcharge invoices, may be referred to our collections partner, Rocket Receivables.

6. Package holding and disposal

For packages with disputed charges that reach our warehouse because of an incorrect address, carrier rejection, recipient refusal, or another reason, ShipWiz may hold the package until disputed charges are paid.

If payment is not received within three months after the package arrives at our warehouse, ShipWiz may discard it after that holding period. ShipWiz is not responsible for the package or its contents after disposal.

7. Promotions, intellectual property, and feedback

Promotions

Promotions made available through the Service may be governed by rules separate from these Terms. If you participate, review the applicable rules and our Privacy Policy. If Promotion rules conflict with these Terms, the Promotion rules apply.

Intellectual property

The Service and its original content, excluding content provided by you or other users, together with its features and functionality, are and will remain the exclusive property of ShipWiz and its licensors.

The Service is protected by copyright, trademark, and other laws of the Country and other countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Your feedback

You assign all rights, title, and interest in Feedback you provide to ShipWiz. If that assignment is ineffective for any reason, you grant ShipWiz a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and exploit the Feedback without restriction.

8. Links to other websites

The Service may contain links to third-party websites or services not owned or controlled by ShipWiz.

ShipWiz has no control over and assumes no responsibility for the content, privacy policies, or practices of third-party websites or services. You acknowledge that ShipWiz is not responsible or liable, directly or indirectly, for damage or loss caused or alleged to be caused by use of or reliance on content, goods, or services available through those websites or services.

We strongly advise you to review the terms and privacy policies of third-party websites or services you visit.

9. Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service ends immediately. If you wish to terminate your Account, you may discontinue using the Service.

10. Liability and disclaimers

Limitation of liability

Notwithstanding any damages you might incur, the entire liability of ShipWiz and its suppliers under these Terms—and your exclusive remedy—will be limited to the amount you actually paid through the Service or USD $100 if you have not purchased anything through the Service.

To the maximum extent permitted by applicable law, ShipWiz and its suppliers will not be liable for special, incidental, indirect, or consequential damages, including loss of profits, data, or other information; business interruption; personal injury; or loss of privacy arising from or related to use of or inability to use the Service, third-party software or hardware used with the Service, or any provision of these Terms, even if advised of the possibility of those damages and even if a remedy fails of its essential purpose.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages. In those states, each party’s liability will be limited to the greatest extent permitted by law.

“As is” and “as available” disclaimer

The Service is provided “AS IS” and “AS AVAILABLE,” with all faults and defects and without warranties of any kind. To the maximum extent permitted by applicable law, ShipWiz, its Affiliates, licensors, and service providers disclaim all express, implied, statutory, and other warranties regarding the Service, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and warranties arising from course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, ShipWiz makes no warranty that the Service will meet your requirements, achieve intended results, be compatible with other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, be error-free, or that errors or defects can or will be corrected.

Neither ShipWiz nor its providers represent or warrant that the Service or its information, content, materials, or products will be available, uninterrupted, accurate, reliable, current, or free from viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow exclusion of certain warranties or limitations on statutory consumer rights. In those jurisdictions, the exclusions and limitations in this section apply to the greatest extent enforceable.

11. Governing law and disputes

Governing law

The laws of the Country, excluding its conflict-of-law rules, govern these Terms and your use of the Service. Use of the Application may also be subject to other local, state, national, or international laws.

Informal dispute resolution

If you have a concern or dispute about the Service, you agree to first try to resolve it informally by contacting ShipWiz.

European Union users

If you are a European Union consumer, you benefit from any mandatory provisions of the law of the country in which you reside.

United States legal compliance

You represent and warrant that you are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.

12. General provisions

Severability

If a provision of these Terms is held unenforceable or invalid, it will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will remain in effect.

Waiver

Except as provided in these Terms, failure to exercise a right or require performance of an obligation does not affect a party’s ability to exercise that right or require performance later. Waiver of one breach does not waive a subsequent breach.

Translation

These Terms may be translated if we make them available through the Service. The original English text controls in the event of a dispute.

13. Changes to these Terms

We may modify or replace these Terms at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. We determine what constitutes a material change.

By continuing to access or use the Service after revised Terms take effect, you agree to be bound by them. If you do not agree to the revised Terms, in whole or in part, stop using the website and the Service.