Terms and Condition

Please familiarize yourself with Shipkee’s terms. Our site’s terms-of-use govern your interaction with the website. You may engage with the website once you agree to abide by the terms laid out below. If all our terms are not acceptable to you, do not access the website or use Shipkee. By accessing the website or employing Shipkee, you and the entity you are representing effectively bind yourself to the terms of use.

Your agreement to these Terms

Using Shipkee’s Services or its Website effectively binds you to all terms. If there is an issue with a term(s), you should not employ any Services or use the Website. When placing an order or registering for an account, you will being given the option of confirming your agreement by simply checking an ‘agreement’ box. Terms presented form a legally binding contract between you and Shipkee, so please review them thoroughly before proceeding. Terms may be changed at any time by publishing an updated listing of them on our Website; any changes will be effective from the date of the update, so it’s recommended to check back regularly.

If these terms are not acceptable, do not register for a Shipkee account and do not use our Website.

You agree with Shipkee that aside from the limited exceptions listed below and as further spelled out below, that all issues or disputes between Shipkee and yourself will be resolved through binding arbitration. Agreeing to arbitration signifies that each party waves its right to a jury trial and/or participating in a class action suit.
All Services offered on this Website and by Shipkee’s Services are provided by Shipkee. Shipkee owns all copyright material on its Website and within the software that is used to provide the service and then licenses the material to us.
Shipkee, Inc. reserves all intellectual property rights; this includes unlimited copyright, trademarks (both registered and unregistered) within the site and any software and material on it, the layout, design, look of the Website and its appearance. Nowhere within these terms are any intellectual property rights transferred to you.
The software and material on our Website may be used as a selling management resource. All other uses, including, but not limited to the modification, reproduction, distribution, modification, transmission, display, republication or performance of the software or content on this Website is strictly prohibited.

Registration for an Account

To obtain a Shipkee account, you must sign-up and acquire a password and username. You will be allowed to save any shipping preferences and personal information.
You will be required to update the payment and personal information you provided us if any changes are made. You agree to us contacting you occasionally to ensure all payment and personal information is current.
It is essential to secure your account information, including your password and login identification. All activity that occurs on the site under your login identification is your responsibility and will be treated as if it has been performed by you. If any unauthorized activity does occur under your account or login identification, you are required to notify us immediately.

Use of our Website

Shipkee’s Website plus all of our Services are available to those who have agreed to these terms. As long as your access has not been revoked by us in writing, you are granted a non-exclusive license to access and engage with the Website under the ordinary activity of browsing and ordering any desired service (this includes any reasonable printing of information that might happen during the course of use) and in accordance with these terms.
Access to our Website will be provided on an “as is”, “as available” basis without any implied or express warranty by us.
We do not and cannot represent that:

(a)The Website or any servers that support the Website over the internet are free and secure from omissions or errors, programming bugs, technical inaccuracies, viruses, harmful content or components, internet access challenges, interference (this includes malfunction of software or equipment or failure of delay of transmission) or duplicated data.
(b) The functioning of the software on the site will never be interrupted or error-free
(c) That our Services or the Website will always be operating and never interrupted. In addition, at times the Website might be unavailable (maintenance purposes…etc.) and we reserve the right to alter the availability of our Services from time to time. For additional information on security steps employed to protect user information, see term and privacy policy
(d) Website content availability is also subject to the regular issues involved with the internet (loss of connection, dropouts, rebuffering, etc.). While we have taken care to preserve the integrity of the Website, information may be acquired from a variety of sources (e.g. third party advertisements). It’s impossible for us to filter all this material and we are not responsible for, nor do we necessarily endorse or condone its content.

Using the Shipkee Application: Security Measures

The security of our users and their data is of the utmost importance to us. Because of this, we’ve installed security measures that include, but aren’t limited to, SSL for user access, data encryption, and SSL connections between all external and internal systems. Additionally, all our code is up-to-date, we implement security releases and hotfixes to ensure that the latest vulnerabilities are taken care of as soon as they’re identified.

Shipping Partners

It is necessary that you agree to our shipping partners’ terms of use. The following list of linked terms is not under the control of Shipkee.

(a) UPS: https://www.ups.com/content/us/en/resources/ship/terms/shipping/index.html?WT.svl=Footer
(b) FedEx: http://www.fedex.com/us/legal/
(c) DHL: http://www.dhl-usa.com/en/express/shipping/shipping_advice/terms_conditions.html

License and Ownership

All intellectual property rights connected with the Website and its contents are the sole property of Shipkee, its affiliates, or third parties. Content is protected by copyright and other laws in both the United States and other countries. Elements of our Website are protected by trade dress, unfair competition, trade secret, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website may not be used or interfered with in any manner. You may not sell, make, modify, offer for sale, display, reproduce, publicly perform, distribute, import, retransmit or otherwise use the Content in any way unless expressly permitted to do so by Shipkee.

Delivery Terms

In exchange for a fee and under these Terms, we will place your shipping order with the partner you choose. No set route is agreed and we maintain the right to reroute the shipment in any way our partners think is appropriate. Aside from any special agreement between you and Shipkee when booking, it’s possible that we or any of our partners could change the manner of transportation. It’s understood that we have contractual requirements towards our partners, thus when you use one of our carrier partner accounts who ship your goods at our request, you acknowledge and agree that:

(a) Our partners have the right to open, inspect and assess your package before and after collection
(b) Some of our partners require, and we reserve the right, to round up weights to the nearest whole pound
(c) We cannot arrange for the transport of certain items and may have to refuse our Services in these circumstances

Payments and Security

It’s understood that we are not required to provide notice when prices are changed. Any price alterations are published on our Website for your convenience.
When you provide us with your credit card information and agree to these terms, you’ve authorized us to bill your credit card for the proper amounts owed to us in accordance to these terms. In addition, if there is an error in your description of the dimensions and/or weight of your package, we reserve the right to charge you with the necessary amounts we incur from partners as a consequence, plus a $5 administration fee. We will make our best efforts to keep your payment information secure and ensure that any agents or employees who are privy to this information do not make any unauthorized modification, use, disclosure or disclosure of it. If we engage a third party to provide a secure payment transaction facility that allows you to pay online we will not receive your payment information.
If the customer is paying by electronic funds or credit card, he/she agrees they will be responsible for any incurred charges payable, including any and all adjustments, on account of such customer’s shipment. If there are such charges/adjustments, they will be automatically debited to the customer's bank account or credit card. The customer is granted thirty (30) business days from the date of the invoice to challenge any invoiced charges by contacting our support team. If the dispute is not received by the company within the given thirty (30) business days, the company will deny the disputed item.
Your Shipkee plan is not set in stone and you can downgrade it at any time. We bill our monthly subscriptions in advance and if you make a change in your plan it will become effective on the last day of your current billing period. Regardless of any shifts in volume, Shipkee does not auto-downgrade accounts.
There are no refunds for annual subscriptions. You will receive a time credit for any unused months; your account will show any such credit as long as your cancellation request is submitted to Shipkee prior to the end of the subscription year. Any months that were not used and credited can be used once you restart your subscription. You may not transfer any time credits to other Shipkee accounts.

Links

(a) Outbound Links: When accessing the Website, you may see links to 3rd party sites and resources. Such sites are simply offered for your convenience and Shipkee does not necessarily endorse any of the content contained on these linked sites. Shipkee does not represent or offer warranties with regards to the accuracy, correctness, quality or performance of any such linked sites. We take no responsibility as to availability of any linked sites or any applications or content discovered on any linked sites. Be aware that by accessing linked sites, you are doing so at your own risk. Furthermore, when visiting any linked sites you are subject to whatever applicable terms, policies and conditions of use stated by, but not constrained to, the linked site’s policy of privacy.
(b) Inbound Links: Without a separate and defined linking agreement with Shipkee, the attempt to use a plain-text link to link to a Website is strictly prohibited. It is prohibited for any device or Website that already links to Shipkee to (a) replicate content, (b) implementing a border environment or browser around or into the content, (c) giving the implication that Shipkee (or any of our affiliates) endorse any such Website or its products, (d) misrepresenting or misleading any statement of fact – this includes Shipkee’s relationship with UPS, FedEx, DHL, our partners, or any of their individual affiliates, (e) offering untrue information regarding Shipkee’s Services or products, and (f) making use of Shipkee’s logo or mark – including any affiliates – without express written permission by Shipkee.

Any Website or other devices that links to Shipkee or any page available therein is prohibited from (a) replicating content, (b) using a browser or border environment around the content, (c) implying in any fashion that Shipkee or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with UPS or any of its affiliates, (e) presenting false information about Shipkee products or Services, and (f) using any logo or mark of Shipkee or any of its affiliates without express written permission from Shipkee.

Refunds

As pertains to our legal obligations to you as a consumer, money will not be refunded unless Shipkee (in its sole discretion) decides it shall do so and subsequently informs you in writing.

Warranties

You represent and warrant to us that:

(a)You are over 18 and otherwise, have the legal capacity to be bound by these terms
(b)You either own the package or possess authority to ship it, and no 3rd party possesses any rights to make any claim against Shipkee or our affiliates for sending it
(c)Any such information that you provide us with (including sending to our Website) or our affiliates or total in-shipping documentation (including customs declarations and declared-value information) is complete, honest, accurate and up to date
(d)Without limiting you will be accurate in the presentation of the weight and dimensions of your package upon booking
(e)The shipment of your package is compliant with any and all laws in your country of origin, and in addition, any other country where stop-over, pick-up, or drop-off should occur
(f)You possess the appropriate licenses, approvals, and consents to ship your package
(g)Your package contains zero ammunition, weapons, explosives, living or infectious biological matter, human remains, illegal drugs, pornography, precious metals or stones, currency, hazardous goods, dangerous goods, prohibited goods or goods restricted by the International Air Transport Association or International Civil Aviation Organization or similar items.
(h)You realize that you’re prohibited from using Shipkee – including, but of course, not limited to our communication Services and customer management - to ship out any email that’s in violation of the CAN-SPAM Act, other anti-spam laws or to perform the distribution of any email address without the email address owner’s consent.

Materials Provided to Shipkee or Posted at Any Shipkee Affiliated Site

Neither Shipkee or its affiliates claim ownership of any materials provided to us (including feedback/suggestions) or upload, post, submit or input to any Shipkee or its associated Services (collectively known as “Submissions”). However, by uploading, posting, inputting, submitting or providing your Submission you grant us, any affiliated companies and necessary sublicensees a non-exclusive, perpetual, worldwide, irrevocable, royalty-free sub-licensable (across multiple tiers) right to use your Submission in relation with the operation of their Internet businesses including, without limitation, the rights to: distribute, copy, transmit, publicly perform, publicly display, reproduce, translate, edit and reformat any Submission; and to then publish your name in connection with your Submission. Zero compensation will be paid with regards to the use of your Submission, as provided herein.
We have no obligation to use or post any Submission you provide and retain the right to remove any Submission at our sole discretion at any time. By uploading, posting, inputting, submitting or providing your Submission, you represent and warrant that you own or effectively control the totality of rights of your Submission as set forth in this section including, without limitation, all the rights necessary for you to post, provide, upload, submit or input the Submissions.

Termination

You consent that Shipkee, under its sole discretion, may suspend or terminate at any time your access to the Website, the Shipkee systems, Service(s), information, and content and for any - or zero reason - in its sole discretion, regardless if use continues to be allowed to others. If notified of any suspension or termination, You will be required to immediately (a) discontinue any use of the Website, and (b) destroy any and all copies you’ve made of any segment of its content. Accessing the Website, Services or information after such suspension, termination, or discontinuation will constitute an effective act of trespass. In addition, You will agree that Shipkee is not liable to either You or any 3rd party for the suspension or termination of Your access to the Website, Services and/or Information. Likewise, if we think it necessary, we maintain the right to decline Services, terminate your registration/restrict access to the Website (including any aliases you might use), refuse to register you for an account, or your use of our Services at any time at our complete discretion without prior consultation or notice. Without limiting this, we consider the following as grounds for refusal of use:

(a)If we receive a serious complaint(s) about you from our partners
(b)You breach these stated terms
(c)Physical violence or threats made against Shipkee or our partners
(d)Failure to pay any balance or if any check drafts authorized under this Agreement, are returned unpaid
(e)If you violate the Terms and Use Policy, Partner Terms, Anti-Spam Policy Terms
(f)If you are involved in the sales and/or distribution of the following materials: Ponzi or Pyramid Schemes, the Sale and/or distribution of any illegal materials.
(g)For any reason, at our sole discretion

We will of course refund any payments you’ve made for any service we refuse to provide - assuming you have not fallen into liability with us for the breaching of said Terms or anything else.
Termination of your Shipkee account also includes any or all of the following (a) removal of access to all or part of the offerings within Shipkee, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of Shipkee, the Website, our Services, Information, and Content.

Your indemnity

You indemnify and agree to indemnify us and our employees, officers, related companies, agents, and affiliates from and against any costs (including any reasonable administration fees for our internal costs), damages, expenses, loss, liability (whether it be direct, indirectly or consequential) incurred by any persons or 3rd party claims (including legal costs and other fees/costs incurred on an indemnity basis) against any persons representing or arising out of or in any such way connected to:

(a)Import and export duties, taxes, customs excise and levies, storage and clearance charges plus any similar amounts that incur in connection with your shipment;
(b)The costs as a result of alterations to your delivery which we or our affiliates or partners are requested by you or are obligated by law to perform after your initial order;
(c)Any liability incurred due to or additional fees payable to any of our partners in connection with your shipment - other than due to our own negligence or malicious acts - for example (without limitation) because:

1. You failed to describe your package accurately (e.g. it was larger, weighed more, required additional handling fees, etc.,);
2. You did not include the necessary shipment documentation or completed it incorrectly;
3. You failed to obtain the appropriate authorizations to ship the package;
4. It was necessary to return your package to the sender; and/or
5. Our partners were forced to perform ancillary Services above and beyond the delivery, for example (without limitation) customs clearance and assistance with preparing or amending paperwork.
(d)You accessed our Website or our Services without the authority to do so;
(e)Any unlawful acts you’ve committed through the Website (including penalties and fines);
(f)You’ve breached these terms; and/or
(g)Any negligent or malicious acts or omissions by you, your employees, representatives, agents, or contractors.

Insurance

Any damage or loss to your package(s) is your responsibility unless it is expressly stated in these set Terms or required by law. It is your decision whether or not to independently take out greater insurance for your package, otherwise, it will be carried by our affiliates at your own risk.

Limitation of our Liability

We exclude any and all guarantees, representations, warranties or terms outside of those expressed in these herein Terms.
Shipkee is not liable to you for any damage or loss that arises from circumstances out of our control including Acts of God (including without limitation, cyclones, earthquakes, flood, storm, fire) accidents (including without limitation boats sinking or plane crashes or plane crashes) or similar events.
Shipkee is not liable for, and per the terms of this agreement, you release us from, any and all liability to you whether it arises in negligence, breach of contract, or any other cause for:

(a)Omissions or errors within the Website or its linked sites;
(b)Damage or loss to your shipment (see Insurance above)
(c)Interruptions of, delays to, or the cessation of Services, whether they are provided within the Website or otherwise;
(d)Illegal or unauthorized conduct of any or all other users regarding the Website or of our Services;
(e)Any delay in the delivery or collection of your shipment; and/or
(f)Any loss that’s a consequence of and (to the extent not already covered by that phrase) interruption of business, loss of data, loss of opportunities and loss of profits connected with your use (or inability to use) the Website/Services, regardless of whether we were aware of it or not when ordering shipment.

Without limiting any of these other Terms, we are not liable for packages exceeding 70 lbs, packages which are valued greater than $50,000, packages containing dangerous goods, coins, containing jewelry worth more than $500, postage stamps, currency, negotiable instruments, live animals, money orders, perishable commodities or any item prohibited for export by law in the place of pick-up or prohibited for delivery to the place of delivery. This said, these Terms are subject to any legislation which restricts or prohibits the exclusion of guarantees, certain warranties or other obligations. If any such legislation applies, we limit our liability to the maximum extent possible in respect to any claim to:

(a)A refunding of your payment for any relevant Services; or
(b)The supply of any such relevant Services again.

Under no circumstances will Shipkee be liable to you or anyone else for the omissions or acts of our affiliates for any amount we are not able to recover from that affiliate. Any right we possess to recover loss differs from partner to partner. However, in fairness, if an amount is received from our partners that is higher than our liability to you under these Terms, we will, under the guidance of reasonable discretion, pass such amount on to you minus any reasonable expenses or loss we’ve incurred. Without limitation regarding these Terms, if we are, in fact, liable to you - for any reason - our liability is capped per shipment at the price paid for such relevant shipment and the greater of $100/shipment or the amount received from our partner in connection with such claim.

Time Period for Claims

Any claims made against Shipkee, whether in tort (including negligence), contract, for deliberate acts or omission by us, our partners, or otherwise, are required to occur within 28 days.
For us to be liable for any claim, legal proceedings are required to commence within 24 weeks of notification on the claim under the preceding paragraph. To be validated, any and all claims must be written with the information listed below:

(a)Subject line of email: “Damaged item claim”;
(b)Description of the item and packaging together with a description of the nature of the damage (with a photo if practicable);
(c)An invoice displaying value of the shipment;
(d)Your shipment’s tracking number; and
(e)Your full name and address.

Privacy

We (or people authorized by us) may process and gather information:

(a)Provided by you when you access the Website or use our Services, such as name, email address, address, and any other information connect to your identity; and
(b)Regarding how you’ve used the Website (this includes without limitation, information acquired due to the use of “cookies” programmed as you access our Website) or our Services.

Please see our Privacy Policy for further information.

Restrictions on use

Except as permitted under applicable laws, your use (or attempt to use) of the Website or our Services for a purpose other than that expressly permitted by these Terms is prohibited unless you have our prior written consent.
Without limitation, this prohibition includes:

(a)Distribution, reproduction, and/or re-transmission of the Website’s material in any significant form and by any selected medium of communication (other than reasonable incidental printing of information that occurs as part of use of the Website in a normal manner);
(b)Reposting and/or uploading Website material to any other Website on the world-wide-web;
(c)"Framing” the information on our Website with other information on any other Website;
(d)Mirroring the Website, content or data from the site, or results pages on other Websites or mediums;
(e)Participating in or facilitating any illegal activity through the Website;
(f)Uploading or transmitting any viruses, computer worms or similar through or on the Website;
(g)Modifying, damaging, interfering with, destroying or disrupting any files, passwords, data, devices or resources that belong to us;
(h)Using the password or login id of any other user or attempting access of or using their account without proper authorization from us or that user;
(i)Data mining, sending any type of automated queries to the Website without Shipkee’s previous written permission;
(j)Collecting or harvesting information about others (this includes phone numbers and email addresses) without their consent, other than for the purpose of contacting them about their classifieds in the ordinary course of Website use;
(k)Portraying yourself on the Website as someone else or business;
(l)Any violation during use of law, statute, regulation or ordinance;
(m)Any use in relation to sale of (a) steroids, narcotics, certain controlled substances or other products that present any sort of risk to consumer safety, (b) drug paraphernalia, (c) items that promote, encourage, instruct or facilitate others to engage in any illegal activity, (d) items that promote violence, hate, racial intolerance, or the financial exploitation of a crime, (e) items that can be considered obscene, (f) items that violate or infringe any trademark, copyright, right of privacy or publicity or any other proprietary right under the law of any jurisdiction, (g) certain sexually oriented Services or materials, or (h) firearms, ammunition, or certain firearm accessories or parts, or (i),certain knives or weapons regulated under whatever applicable law;
(n)Any use related to transactions that (a) show personal information of 3rd parties that violates applicable law, (b) support Ponzi or pyramid schemes, matrix programs, other “get-rich-quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities, real property, lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for sale of particular items before seller gains possession or control of said item, (e) are by payment processors to collect payments on behalf of merchants, (f), are connected with the following Money-Service Business activities: the sale of money orders or travelers checks, check cashing, or (g) provide certain debt settlement or credit repair Services
(o)Any use involving gaming, gambling and/or any activity that involves an entry fee/prize, including, but not limited to sports betting, casino games, greyhound or horse racing, lottery tickets, other ventures that facilitate or involve gambling, games of skill (whether-or-not it’s legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayPal and said operator and customers are located solely within jurisdictions that permits such activities by law and/or
(p)Engaging whatever other activities that we (under our final discretion) believe is inappropriate.

Disputes; Agreement to Arbitrate; and Class Waiver

Agreement to Arbitrate; Class Waiver: You and Shipkee agree that, aside from what’s spelled out below with regards to small-claims court proceedings, any claim, dispute or controversy that arises out of or connected in any such way to Shipkee’s Services, including, and without limitation, our Postage Services, your account(s), our Website, user interfaces, promotional offers, our Privacy Policy or any of our privacy practices in general, these Terms, and this Agreement to Arbitrate, will be determined through binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration requires a neutral arbitrator as opposed to a judge and jury, allows for greater limited discovery than is granted in court, and undergoes very limited review by courts. You agree that, by agreeing to these terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Shipkee are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your Shipkee account(s).
Pre-Filing Mediation. In event of dispute and before initiating arbitration, the party asserting any claim is required to first send “Notice” through certified mail to the “other” while requesting return receipt (or any successor service), a written Notice of claim (“Notice”). If you are the claimant, the Notice to Shipkee must be addressed to: Legal Department - Dispute Resolution, 1683 East 15th St., 2nd Floor, Brooklyn, NY 11229. If Shipkee is the claimant, the Notice will be addressed to the address used for your membership account. The Notice is required to (a) detail the basis and nature of the dispute or claim; and (b) set forth any specific relief being sought. Once Notice is received, both parties agree to negotiate with each other in good faith about the claim. If said claim fails to be resolved to the claimant’s satisfaction within 60 days after “Notice” is provided, the claimant can pursue such claim in arbitration or, if desired, file said claim in small-claims court.
Additional Arbitration Provisions:
Settlement Offers: During arbitration, the amount concerning any settlement offer made by you or Shipkee will not be revealed to the arbitrator.
Initiating A Claim: The form needed to initiate arbitration can be downloaded or printed from www.adr.org. You can also contact the arbitration administrator by calling 800-495-4185.
Fees for Initiating Arbitration: If a filing fee is required to begin arbitration, after Shipkee has received notice of the initiation of an arbitration, you will be promptly reimbursed for your payment (the filing fee) at whatever address we have for you on file (or the address provided in the Notice), unless the claim is greater than $10,000 US.
Applicable Rules; Administrator: Arbitration shall be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Forms and Rules are made available at www.adr.org, or by contacting the AAA at 800-495-4185. The requirements of this section of the Agreement will bind the arbitrator. The arbitrator decides all issues, including those related to the enforceability and scope of this Agreement.
Location of Hearing: Unless otherwise agreed to by you and Shipkee, any arbitration hearings shall occur in the county (or parish) of your billing address. (If residing outside of the United States, your arbitration hearings shall take place in your country of residence at a location that is reasonably convenient for you, however, it shall remain subjected to AAA Rules including the AAA rules with regards to selecting an arbitrator). If a claim is for US $10,000 or lower, it is your choice whether arbitration will be held simply on the basis of the documents submitted to selected arbitrator, over a telephonic hearing, or at an in-person hearing such as governed by AAA Rules. If any claim is greater than US $10,000, your right to such a hearing shall be governed by AAA Rules. Regardless of how the arbitration is carried out, the arbitrator will issue a written out decision that sufficiently explains any essential conclusions and finding for which any award is based.
Award Enhancement: If you are issued an award by the arbitrator that exceeds the value of Shipkee's last written settlement offer made prior to the arbitrator being selected (or if Shipkee did not make a settlement offer before an arbitrator was selected), then Shipkee shall pay you the set award or US $1,000, whichever one is greater. Except as expressly set forth herein, any payment of filing, arbitrator administration fees will occur as established by AAA Rules.
Class Waiver: You and Shipkee agree that each may bring claims against the other only in an individualized capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both parties (you and Shipkee) agree otherwise, the arbitrator will not consolidate the claims of more than one party, and will not preside over any alternative form of a class or representative proceeding. If such specific provision is deemed unenforceable as applied to any such claim you assert, then the totality of the arbitration provision as set forth in Section 13 of these Terms shall be null and void.
Injunctive Relief Limitation: The arbitrator shall award injunctive or declaratory relief only when in favor of the particular individual party that seeks relief and only to the extent required to provide the relief as warranted by that party’s specific, individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either of the parties may bring individual action to small-claims court (provided the claimant otherwise can qualify for such program) as an alternative option to going through with arbitration.

Governing Law

Our Website along with Services as presented under these Terms are given by Shipkee's offices in the State of New York. All Services can be accessed from any state in the United States as well as from various countries around the world. No matter your location, these Terms will be governed and interpreted in accordance with New York State law (or U.S. Federal law, if applicable). International users may access the Website on this basis. You and Shipkee submit to exclusive jurisdiction of the courts of New York and any other courts able to hear appeals from NY courts to determine whatever dispute arises from or in relation to these herein Terms.

General

These Terms (along with any other policies we’ve published) constitute the totality of agreement between you and us, superseding any and all prior agreements or understandings, oral or written, about your using of our Website and Services.
You may not assign your rights or obligations with regards to these Terms to 3rd parties.
If any part(s) of these Terms as presented is unenforceable, whatever remainder there is won’t be affected.
A waiver of any of these Terms will only be effective if it is in writing and signed by us.

Definitions

Just so we’re clear, in these Terms:

(a)Service or Services means the Services provided on the Website and the Services provided using our technology;
(b)Shipkee, we, us and our means:
(c)Shipkee, we, us and our means Shipkee, Inc., a New York Corporation;
(d)If you are located anywhere else in the world, including without limitation in the United States, Shipkee, Inc., a New York Corporation;
(e)Terms means these Terms of Use as amended from time to time;
(f)Website means the Website located at www.shipkee.com
(g)writing includes by email from an authorized officer; and
(h)You means to the person using the Website (and, when that person is doing so as a representative of another person or entity with their implied or express authority, includes that person or entity too).

Contact

If you have any questions or comments about these Terms, please contact us at support@shipkee.com
These Terms were last updated on July 24, 2017.