Last updated: April 15, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
Auctane, Inc. and its subsidiaries (collectively, “Provider”, “we”, “us” or “our”) own and operate the ShipStation API products and services (“Services”), which may be made available to you directly by Provider or through a third-party platform (“Platform”). “You” means in the case of an individual accepting these Terms (as defined below) on its own behalf, such individual, or in the case of an individual accepting these Terms on behalf of a business or other entity, the business or other entity for which such individual is accepting these Terms. Unless otherwise agreed in writing with Provider, these ShipStation API General Terms of Service (these “Terms”) govern your access to and use of the Services. Further country-specific or product-specific provisions may apply; these are set out at the end of these Terms. These Terms form a legally binding agreement between you and Provider in relation to your use of the Services. It is important that you take the time to read them carefully. In addition, by accessing or using any ShipStation APIs, developer services or associated software, you agree to the ShipStation API – API Terms of Service (“API Terms of Service”). In the event of any inconsistency or conflict between the provisions of the API Terms of Service and these Terms, the provisions of these Terms shall control.
Provider’s collection, usage and disclosure of personal information is governed by Provider’s Privacy Policy (“Privacy Policy”). For clarity, personal information collected by Provider may be disclosed to the United States Postal Service (“USPS”) and other carriers in connection with the Services and pursuant to the applicable carrier’s privacy policies and practices. In addition, if accessing the Services through a Platform, personal information collected by Provider may be disclosed to the Platform in connection with the Services. Where Provider acts as your “processor” (or similar concept under applicable data protection laws) of personal information, the Auctane Customer Data Processing Agreement available here shall apply and is hereby incorporated by reference into these Terms.
If you maintain an account balance with Provider, under its ShipStation Carrier services product, you hereby agree to and consent to the terms provided in Appendix A. If you use GlobalPost services, you hereby agree to and consent to the terms provided in Appendix B.
Provider may, from time to time, modify, amend or supplement these Terms and post the changes on the terms of service page on its website. Modifications, amendments and supplements to these Terms shall be automatically effective seven (7) days after posting. If you do not agree to be bound by (or cannot comply with) these Terms, including the Terms as modified, amended or supplemented, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by these Terms, including the modified, amended or supplemented Terms.
Both you and Provider agree, with the limited exceptions noted below and as further provided below, to resolve all disputes between you and Provider through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE PROVIDER ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. RESPONSIBILITY FOR ACCOUNT
You agree to provide accurate, current and complete account information and to maintain and promptly update this information if it changes. You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an account. If you establish an account for a business or other entity, you represent and warrant that you have all necessary authority to establish the account on behalf of such business or other entity that is the responsible account holder. You represent and confirm that when you access the Services you are doing so solely for the purposes of your business, and not doing so for personal, family or household purposes. You shall use commercially reasonable efforts to prevent unauthorized access to or use of your account and shall promptly notify Provider of any unauthorized access to or use of your account or the Services, or any loss or theft of an account user’s login credentials. By completing the registration process, you agree that all transactions originating from your account are your responsibility and you agree to pay all fees incurred on your account, including but not limited to all variable and transactional costs of using the Services such as fees related to postage, fees for carrier services, package insurance, transaction fees charged directly by Provider for shipping or other services. The billing entity for part or all of the services provided by Provider may be that of a subsidiary, affiliate or partner organization of Provider, and you hereby consent to any such billing, including changes to the billing entity from time to time.
It is your responsibility to ensure your computer system or device meets all the necessary technical specifications to enable you to access and use the Services. To access certain Services, you may be required to create an account and specify a password. To create an account, you must provide current, complete, truthful, and accurate information as we may request. For your safety and security, you agree to use a strong, unique password that meets our minimum requirements. If your information changes at any time, you agree to update your account to reflect those changes. You will not sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms.
You agree not to misuse the Services or engage in activities that deviate from its intended use. Any use of the Services for purposes other than those intended by Provider is strictly prohibited and may result in suspension or termination of your account.
2. METHOD OF PAYMENT
You are required to keep a valid credit card on file with your account. Provider currently accepts credit cards from the major card networks. Certain users may be approved to set up an automated debit from a bank savings or checking account (ACH). Acceptable payment methods are subject to change at any time. You must include correct information (e.g., the address and phone number the payment credit card issuer has on file for you) when enrolling. Incorrect information may cause delays in establishing or purchasing services. All information received from you, including credit card and/or bank account information, will be treated in accordance with the Privacy Policy. Please note that Provider may receive updated information regarding your payment card account, debit card account or bank account from your financial institution and by accepting these Terms you hereby consent to such updating. For example, Provider may receive updated card expiration date or account number information. During account registration, Provider may verify that your payment card is valid for the service fees associated with your service plan.
DEBIT NOTICE WAIVER: If you elect to pay Provider via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) or any similar laws to receive ten (10) days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance, hidden postage labels, reset fees or other non-recurring charges.
3. SHIPSTATION CARRIERS SERVICE; YOUR CARRIER ACCOUNTS
3.1 ShipStation Carriers Service. The ShipStation Carriers service will allow you to maintain a pre-funded account balance with Provider using the credit card on file, such that payment for various carriers and service providers can be made by Provider on your behalf, using rates provided to Provider by carriers, partners or other service providers. You hereby authorize Provider to maintain an account balance for you that will only be valid in the ShipStation Carriers service and will not be portable or transferable outside the ShipStation Carriers service, unless allowed by Provider and the individual carrier or service provider, at their sole discretion. Prior to accessing each carrier or service provider through the ShipStation Carriers service, you must accept any terms and conditions required by such carrier or service provider for their services. You are not required to accept accounts from each carrier or service provider offered through the ShipStation Carriers service, as you will be able to opt out of any carriers or service providers that you do not intend to use or for which you have a pre-existing relationship. You may not use your own account number for a carrier service, not created through a relationship with Provider, within the ShipStation Carriers service. All applicable carrier and service provider rules and terms shall be applicable for the services provided, and Provider accepts no liability or responsibility for damages to any parcels or the failure of delivery or failure of the services of any carrier or service provider. Additional important terms that apply to the ShipStation Carriers service are set forth in Appendix A.
3.2 Your own Carrier Accounts. You may be allowed to connect to a carrier service using your own account number outside of the ShipStation Carriers service, depending on the service plan you select. If you do so, you acknowledge and agree that you are responsible for directly paying the applicable carrier for any amounts due to the carrier pursuant to your agreement with the carrier. In addition, if you connect to a carrier service using your own account number outside of the ShipStation Carriers service, you represent, warrant and covenant that you are authorized by the applicable carrier(s) to do so and are, and will remain, in compliance with the terms of your agreement with such carrier(s).
4. PROVIDER FEES
4.1 Paid Service Plans. Provider offers multiple service plans—including free and paid service plans. Each service plan offers different pricing and feature options and has varying usage limits. If you select a paid service plan and you exceed your service plan’s usage limits or use services or features not included in your paid service plan’s recurring service fee, you will incur additional charges (collectively, “Additional Charges”) based on the paid service plan you select (such as transactional fees to create shipping labels, receive and compare shipping rate quotes, track parcels and receive shipping events, validate addresses, import orders, estimate duties and taxes for international shipments, etc., in excess of the usage limits for your selected service plan or not included in your selected service plan). Information regarding Provider’s service plans, including the Additional Charges that will apply to your service plan should you incur them, will be available through Provider’s website or the Platform. If you decide to proceed with a service plan and you incur Additional Charges, you agree to pay them, as described below.
When you sign up for a paid service plan, you agree to monthly recurring billing for the recurring service fees (“Service Fees”) for such paid service plan. Service Fees will be billed monthly in arrears and will be charged to the payment method on file for your account. Your Service Fees will be calculated based on the paid service plan presented to you by Provider or Platform and agreed to by you during service registration, or during any other period where you accept or purchase Services as an existing customer. A billing cycle starts on the first of each calendar month and ends on the last day of each calendar month. If you sign up for a paid service plan in the middle of a calendar month, your Services Fees for the initial month will be prorated. If you cancel in the middle of a billing cycle you will not be refunded for your Service Fees for that billing cycle and your account will remain available for usage for the remainder of that billing cycle.
If you exceed the usage limits for your paid service plan or you use services or features not included in the Service Fees for your paid service plan, then you’ll have to pay Additional Charges. Monthly usage limits are reset on the first day of each calendar month. Any Additional Charges will be billed monthly in arrears and will be charged to the payment method on file for your account. In no event will canceling or downgrading your service plan relieve your obligation to pay any Additional Charges incurred prior to the date of such cancellation or downgrade.
We may introduce, change, or remove features, services, content, or materials to/from the Service plans at any time in our sole discretion. New or additional features or services may be a part of, or may be priced separately from, existing Service plans at our sole discretion.4.2 Subscription–Free Service Plans. Provider may offer a subscription-free service plan that allows you to access our Services without a recurring Service plan fee (the “Subscription-Free Service Plan”). If you use the Services under the Subscription-Free Service Plan and you want to go over the Subscription-Free Service Plan usage limits or use features or services not available to the Subscription-Free Service Plan, you will be required to select and pay for a paid service plan. Paid service plans are described in Section 4.1 above. You may not create multiple accounts under the Subscription-Free Service Plan without the written consent of Provider, and if you attempt to do so, Provider reserves the right to disable such accounts or upgrade your Subscription-Free Service Plans to the applicable paid service plan.
4.3 Upgrading / Downgrading Service Plans. You may have the option to upgrade to a higher tier service plan. If you upgrade during a billing cycle, your upgrade will be effective immediately, your monthly Service Fees for that billing cycle will be prorated accordingly, and any Additional Charges for that billing cycle will be calculated based on the higher tier. You may also have the option to downgrade to a lower tier, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier (including any applicable Additional Charges for the higher tier).
4.4 Carrier Charges; Other Fees and Costs. In addition to Service Fees (if any) and any Additional Charges, you are responsible for all postage, label fees, adjustments and other charges, penalties, or fees, as well as any applicable taxes or surcharges, charged by a carrier in connection with the purchase of shipping labels and other services from such carrier via the Services (“Carrier Charges”) and any other variable and transactional costs of using the Services (including but not limited to package insurance, fees for other special services selected, and charges for selected and administrative and processing services) (“Other Charges”), even if you have a Free Service Plan or Trial Account. Any Carrier Charges or Other Charges will be billed monthly in arrears (or after such information is made available by the applicable carrier or service provider) and will be charged to the payment method on file for your account.
4.5 Trial and Sandbox Accounts. From time to time, we may offer (in our sole discretion) some or all new or eligible returning customers the opportunity to receive a free trial of or introductory pricing for certain Service plans. The terms of the applicable offer will be disclosed to you at the time of the offer is made. Free trials and introductory pricing may not be combined with any other offers. You may be required provide a valid payment method to enroll in a free trial. We reserve the right, in our sole discretion, to determine your eligibility for a free trial or introductory-price offer. If you select to sign up for or otherwise create a “Trial” or sandbox account (a “Trial Account”), you will not be charged a Service Fee for the trial period (i.e., even if you fail to cancel following the trial period, you will not incur a Service Fee for the trial period). At the conclusion of the trial period, if you wish to continue Services you must choose a service plan and accept the terms. Certain features of the Services may be restricted for Trial Accounts.
Use of Trial Accounts on an “as is” and “as available” basis. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF A TRIAL ACCOUNT. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF A TRIAL ACCOUNT, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES).
WITHOUT PREJUDICE TO THE PARAGRAPH ABOVE AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES, SECTION 10.2 SHALL APPLY. In addition, we are not obligated to provide any maintenance, technical or other support for Trial Accounts. We reserve the right to modify or terminate Trial Accounts or your use of Trial Accounts, and/or to limit or deny access to the Services or certain features of the Services through Trial Accounts, at any time, in our sole discretion, for any reason, with or without notice and without liability to you.
4.6 Pricing Changes. Provider may change any of its fees, including the Service Fees or Additional Charges, at any time by posting a new pricing structure to its website, in your account and/or sending you a notification by email. We will notify you at least 30 days before any changes to your Service Fees will become effective. If you do not agree to be bound by (or cannot comply with) those changed fees, you agree that your sole remedy is to cease using the Services by canceling your account through your account settings 24 hours before the changes take effect. Your continued use of the Services constitutes your agreement to the changed fees.
4.7 Professional Services. You may be able to contract with Provider to perform onboarding, implementation, training, configuration, consulting, or other professional services (the “Professional Services”). The specific details of the Professional Services to be performed, including the costs, fees, nature and other relevant terms, will be set forth in a written order form executed by and between you and Provider (an “Order Form”). Provider will not be obligated to perform any Professional Services until you and Provider have mutually agreed upon and executed an Order Form with respect to such Professional Services.
Provider warrants that the Professional Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. For any breach of the above warranty, your exclusive remedy and Provider’s entire liability will be the re-performance of the applicable Professional Services. If Provider is unable to re-perform the Professional Services as warranted, you will be entitled to recover the fees paid to Provider for the deficient Professional Services. You must make any claim under the foregoing warranty to Provider in writing within ninety (90) days of performance of such Professional Services in order to receive warranty remedies.
5. SERVICE PLAN RENEWAL AND SUSPENSION/TERMINATION OF ACCOUNT
We offer certain Service plans that renew automatically until cancelled. If you enroll in an auto-renewing Service plan, your plan will automatically renew at the conclusion of the initial plan period for additional periods of the same duration (or another duration as disclosed to you at the time you enrolled in the plan) at the then-current fee for such Service plan (plus tax, if applicable) unless you cancel your plan prior to renewal (in which case you will be billed for the period during which you cancelled as set forth below because we bill in arrears, but you will not be billed for future billing periods).You consent to us automatically charging the payment method associated with your account for each renewal period until you cancel your Service plan as set forth in this section, or your plan is terminated by us in accordance with these Terms.
If we do not receive payment from your designated payment method at renewal of your plan, you authorize us (without notice to you, unless required by applicable law) (i) to retry the payment method on file; and/or (ii) to collect from any alternate payment methods (including any account balances) that we have on file for you until full payment is received. You agree that we may either terminate or suspend your plan until payment is received.
You may close your account at any time by accessing your online account or calling customer support. Provider reserves the right to cancel orders if you maintain a negative account balance, fail to timely make payment or violate these Terms, if Provider believes that your conduct violates applicable law, or for any other reason at its sole discretion. Termination of your account will not affect your obligation to pay any outstanding fees due or that may have accrued through the effective date of the termination. To avoid charges for future billing periods, you must cancel at least twenty four (24) hours prior to the end of your then-current billing period. You will still be billed for the month in which you cancel because we bill in arrears.
Provider will not have any liability whatsoever for any damage, liabilities, losses (including any lost profits) or any other consequences that you may incur with respect to any suspension or termination of the Services in accordance with these Terms (including as provided in Appendix A of these Terms).
6. PROPRIETARY RIGHTS
Each party shall retain all right, title and interest in any of its respective patents, copyrights, trademarks, domain names, trade secrets, inventions, know-how and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”). The limited rights granted to You to use the Services under these Terms do not convey or otherwise transfer any additional rights in the Services or in any Intellectual Property Rights of Provider associated therewith. Subject only to limited rights to access and use the Services as expressly stated herein, all rights, title and interest in and to the Services and all hardware, software, algorithms, models and other components (“Software”) of or used to provide the Services, including all related Intellectual Property Rights, will remain with Provider and belong exclusively to Provider.
You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services or documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or documentation; (v) use the Services or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of any person, or that violates any applicable law; (vi) hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; or (vii) attempt to bypass or break any security mechanism or use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services or its components.
You acknowledge that content available through the Services is protected by Intellectual Property Rights, which are valid and protected in all media and technologies existing now or later developed, and except as explicitly provided otherwise, these Terms and applicable Intellectual Property Rights govern your use of such content. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content available through the Services is strictly prohibited. “Auctane”, “ShipStation”, “ShipStation API” and associated brand names and domain names are trademarks of Provider in the United States and/or other countries. Provider trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among your customers. All marks not owned by Provider are the property of their respective owners. You may not use, and nothing contained in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed in connection with the Services without the written permission of Provider or the respective owner of such trademark, service mark or logo.
If you provide any suggestion, enhancement request, recommendation, correction, or other feedback to Provider, you hereby grant to Provider and its affiliates a worldwide, perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicensable (through multiple layers), assignable license to implement, use, modify, commercially exploit, and incorporate into their Services or products such suggestion, enhancement request, recommendation, correction, or other feedback.
7. RESTRICTIONS; INELIGIBLE ITEMS
The Services (or any portion thereof) and any materials made available by Provider through the Services, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Provider. Any use of content or descriptions; any derivative use of the Services or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall you frame any portion of the Services or any content contained therein. You may not use the Services in any manner that could damage, disable, overburden, or impair the systems of the Provider. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Services. You shall not transmit to Provider or upload to the Services any Harmful Code or use or misappropriate the data provided through the Services for your own commercial gain. “Harmful Code” means any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use the Services for activities that:
1) violate any law, statute, ordinance or regulation that relates to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) tobacco products, (c) prescription drugs and devices, (d) drug paraphernalia, (e) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (f) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law;
2) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;
3) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent; or
4) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law.
Certain items may not be eligible for mailing or shipment. Eligible items and quantities are generally governed by origin and destination country’s postal regulations, import and export laws, rules and regulations, and the applicable carrier’s rules and regulations. It is your responsibility to comply with all laws, rules and regulations related to your shipment. Ineligible items may be returned, seized, destroyed or disposed of. Ineligible items include (i) any goods which are prohibited by law or regulation, or any hazardous materials, dangerous goods or other items which are subject to regulation by Title 49 of the U.S. Code of Federal Regulations, and (ii) unless expressly agreed in writing by Provider and the applicable carrier and permitted under applicable laws, rules and regulations, aerosols, air bags, alcoholic beverages, ammunition, animals, insects & furs, dry ice, explosives, firearms & other weapons (including imitations or replicas), gasoline, glues, hazardous materials, hemp-based products (including CBD), human remains & medical waste, lithium batteries, marijuana (medical or otherwise), matches, medicines & prescription drugs, nail polish, paint, perfumes (containing alcohol), perishable items, poisons, tobacco products (including e-cigarettes, e-cigars, e-hookah, vape pens, advanced refillable personal vaporizers and electronic pipes), flowers, plants & seeds, high value items (e.g., fine art, gemstones, precious metals, jewelry, stamps, coins, cash), and indecent or obscene materials. The lists above are not exhaustive, and they may be updated at any time.
If the Services are made available to you through a Platform, the Services may only be used within the Platform. No other use is permitted without Provider’s prior written consent.
8. COMPLIANCE WITH LAWS
You agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms or the laws and regulations of the jurisdiction in which you are located or to which your envelope or parcel was sent. You represent, warrant and agree that your use of the Services will comply with all applicable laws and regulations. You’re responsible for determining whether the Services are suitable for you to use in light of your obligations under any applicable laws, rules and regulations in your jurisdiction or the jurisdiction to which you are shipping, including any applicable data or privacy laws or regulations, such as the Health Insurance Portability and Accountability Act, the Gramm-Leach-Bliley Act, or any European Economic Area, European Union, the United Kingdom, or Switzerland data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), or any United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”). If you’re subject to laws, rules or regulations and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the U.S. Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared for the purposes of providing any Service or as otherwise directed by you.
If you collect any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
9. DISCLAIMERS
9.1 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, (A) THE SERVICES ARE PROVIDED BY PROVIDER ON AN “AS IS” BASIS; (B) PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF, OR THE INFORMATION, CONTENT, OR MATERIALS PROVIDED IN CONNECTION WITH, THE SERVICES, AND (C) PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
9.2 PROVIDER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT.
9.3 PROVIDER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER, AND DOES NOT PROVIDE ANY INDEMNIFICATION, IN RELATION TO CARRIERS, PARTNERS OR OTHER THIRD PARTY PROVIDERS, THEIR PRODUCTS AND SERVICES, OR THEIR SYSTEMS. YOUR USE OF ANY SUCH PRODUCTS OR SERVICES IS AT YOUR OWN RISK. PROVIDER ASSUMES NO RESPONSIBILITY AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR CLAIMS OF LOSS AND/OR DAMAGE INCURRED RESULTING FROM THE USE OF ANY SUCH PRODUCTS OR SERVICES (INCLUDING BUT NOT LIMITED TO DAMAGES OR DELAYS TO SHIPMENTS OR RELATING TO THE AVAILABILITY OR OPERATION OF THE SERVICES TO THE EXTENT SUCH AVAILABILITY AND OPERATION IS DEPENDENT UPON A CARRIER, PARTNER OR THIRD PARTY), REGARDLESS OF WHETHER PROVIDER IS A RESELLER OF, OR REFERRAL AGENT FOR, SUCH PRODUCT OR SERVICE.
10. LIMITATION OF LIABILITY
10.1 PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), OR ATTORNEYS’ FEES, ARISING FROM THE USE OF THE SERVICES.
10.2 WITHOUT PREJUDICE TO SECTION 4.5, SECTION 10.1 AND SECTION 16.10(A), AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES, YOU AGREE THAT PROVIDER’S AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF (A) THE SERVICE FEES AND ADDITIONAL CHARGES YOU PAID PROVIDER TO USE THE APPLICABLE SERVICES FOR WHICH THE LIABILITY AROSE, EXCLUDING ANY CARRIER CHARGES OR OTHER CHARGES, DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) US $1,000.00.
10.3 THE LIMITATIONS IN SECTIONS 10.1 AND 10.2 ABOVE APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
10.4 You should note that, in some circumstances, the liability of a carrier is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999), the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions.
11. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; AND CLASS WAIVER
11.1 You and Provider agree that, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Services and these Terms, or the breach hereof, shall be determined by binding arbitration and that judgment upon the award may be entered by any court having jurisdiction over the award or over the relevant party or its assets. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to 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 PROVIDER 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 account.
11.2 In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written notice of claim (“Notice”). If you are the claimant, the Notice to Provider must be addressed to: Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, U.S.A. 78731. If Provider is the claimant, the Notice must be addressed to the address on file with your account. The Notice must describe the nature and basis of the claim or dispute, and set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.
11.3 Additional arbitration provisions include the following:
Settlement Offers: During the arbitration, the amount of any settlement offer made by Provider or you shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800-778-7879.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after Provider receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US $10,000.
Applicable Rules; Administrator: The arbitration will 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 these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this section of the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.
Seat or Place of Arbitration: The seat or place of arbitration is Austin, Texas, U.S.A. The arbitration shall be conducted and the award shall be rendered in the English language.
Location of Hearing: Unless Provider and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Award Enhancement: If the arbitrator issues you an award that is greater than the value of Provider’s last written settlement offer made before an arbitrator was selected (or if Provider did not make a settlement offer before an arbitrator was selected), then Provider will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Class Waiver: YOU AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Provider agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this section shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Provider, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your access and use of the Services; (ii) your violation of these Terms; (iii) your agreement with any carriers, partners or other service providers accessed through the Services (including any terms and conditions of any such carriers, partners or service providers); (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; (v) any claim that your transaction or shipment thereof caused damage to a third party; or (vi) to the extent you are accessing the Services through a Platform, your agreement with the Platform and your access and use of the Platform. This defense and indemnification obligation will survive these Terms.
13. GOVERNING LAW
The Services under these Terms are provided by Provider’s offices in the State of Texas. The laws of the State of Texas (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Services. If a claim is not subject to arbitration as set forth in the Agreement to Arbitrate above, you submit to the exclusive jurisdiction of Texas courts and further agree that any cause of action arising out of or in connection with these Terms and/or your use of the Services shall be brought only in the federal or state courts in Travis County, Texas, U.S.A.
14. U.S. GOVERNMENT USERS RESTRICTED RIGHTS
Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services by the U.S. Government constitutes acknowledgment of Provider’s proprietary rights in them.
15. TERMS REGARDING SHIPPING INSURANCE
You may be able to purchase shipping insurance, underwritten and administered by third parties, through the Services. Provider is in no way responsible for any loss, liability, claim, or demand that relates to shipping insurance. You are solely responsible for ensuring that listings you add insurance to are covered under the applicable coverage, terms, conditions, and exclusions of such third parties.
All rules, terms and policies related to shipping insurance offered through the Services shall be governed by the Insurance terms and conditions found here.
16. MISCELLANEOUS
16.1 THIRD PARTY TERMS AND CONDITIONS. You are responsible for following the terms and conditions of all carriers, partners and other third parties accessed through the Services. Please visit each individual website to obtain and review their terms and conditions. Use of such carrier, partner or third party services via the Services is at your own risk. Provider is not responsible for your use of such services. Your use of such services is as a direct customer of the applicable carrier, partner or third party, and you agree to be bound by the terms and conditions of that carrier, partner or third party for use of their services, including the payment of any fees associated and a carrier’s right to open, inspect and assess your package before and after collection. Violation of such terms and conditions may result in the termination of your account, such carrier, partner or third party taking actions including the cancellation of a service order, denied delivery, additional charges to your account, additional charges collected at the delivery or collection, or future invoicing.
16.2 NO SUBLICENSE OR THIRD PARTY USE. You may only use the Services for your own direct use. Provider does not grant the right to sublicense, resell, offer, or utilize any Provider products or Services such that Provider products or Services are stored, loaded, installed, combined, integrated or displayed as part of a product or software offering (including as part of an application programming interface) of yours to other third party products and services. Provider does not allow you to sublicense, resell, offer, or utilize Provider products or Services to third parties (including customers of yours). If Provider determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Provider reserves the right to immediately suspend or terminate your account without notice.
16.3 COLLECTION. Each party agrees that if timely payment by the other of any amounts due is not made, the aggrieved party may pursue the claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.
16.4 ORDER ACCEPTANCE/REJECTION. Provider reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.
16.5 RISK OF LOSS. The risk of loss and title for non-postage products purchased from Provider passes to you upon our delivery of the purchase to our common carrier for delivery to you.
16.6 SALES AND VALUE ADDED TAXES. Tax is not collectable on the purchase of postage. If required by applicable law, sales / value added tax (VAT) is charged/collected on non-postage purchases. You are responsible for the payment of all sales, use, VAT, or other taxes owed on products or taxable items utilized regardless of whether such taxes are collected by Provider at the time of purchase.
16.7 SEVERABILITY. If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms, including the API Terms of Service and Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms by Provider will be effective only if in writing and signed by Provider. Provider’s failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
16.8 MISTAKES. Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
16.9 SURVIVAL. Provisions of these Terms which by their nature should survive termination or expiration in order to be given full effect will survive such termination or expiration of these Terms.
16.10 BETA SERVICES.
(A) You may be invited to participate in a beta program or beta service offered by Provider (collectively, “Beta Services”). By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services on an “as is” and “as available” basis. The Beta Services may contain bugs, defects, errors and other problems. YOU ASSUME THE ADDITIONAL RISKS AND COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES ON THIS BASIS. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF BETA SERVICES INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES).
(B) WITHOUT PREJUDICE TO SECTION 16.10(A) ABOVE, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE BETA SERVICES, SECTION 10.2 SHALL APPLY.
(C) We are not obligated to provide any maintenance, technical or other support for the Beta Services.
(D) As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Provider owns any feedback provided, and you hereby grant to Provider, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or Services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and Services.
(E) We reserve the right to modify or terminate the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You acknowledge and agree that the Beta Services constitute confidential information of Provider, which you agree not to share with anyone other than other authorized users of the Beta Services.
16.11 FORCE MAJEURE. If the performance of any part of these Terms by any party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, pandemic, judicial or governmental action (including, but not limited to, any law, regulation, or embargo prohibiting the performance contemplated under these Terms or the failure or refusal of a government agency to issue a license required for any performance pursuant to these Terms), labor disputes, act of God, or any other cause beyond the reasonable control of that party, the party will be excused from such performance to the extent that it is prevented, hindered, or delayed by such cause. The party prevented from performing by a force majeure event will use commercially reasonable efforts to recommence its performance as soon as reasonably practicable.
16.12 CHANGES TO SERVICES. Auctane reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of its Services, in its sole discretion, with or without notice, except where prohibited by law.
APPENDIX A
ADDITIONAL IMPORTANT TERMS RELATING TO SHIPSTATION CARRIERS SERVICE
1. FEES FOR SHIPSTATION CARRIERS SERVICE
You must pay for any Carrier Charges and Other Charges you incur, including for, among other things, mailing, shipping, duties and fees, and package insurance purchased. In order to use the ShipStation Carriers service for any mailing, shipping or other services, you must pre-fund your ShipStation Carriers account in an amount equal to or greater than the service to be purchased. All purchases, debits and adjustments will be reflected in your account balance or otherwise provided to you in writing. Please note that your account is managed by Provider and although Provider’s records will account for the amounts that you have posted, the funds are maintained in a pooled account. In the event of any losses, failure or other insolvency of the bank used, Provider may be afforded FDIC insurance on the account, (individual account holders are not entitled to such insurance) and Provider may then allocate any insurance proceeds for all account holders; however, you may not be entitled to receive a refund of all amounts posted with Provider. In the event of any failure or insolvency of Provider, because the amounts held in your Provider account are not insured, they may not be fully refunded.
Provider accounts will be used to fund purchases by users of the ShipStation Carriers service, including postage from the USPS, as well as shipping charges from other carriers. A portion of Provider user account balances are linked to virtual postage meters authorized by USPS.
Virtual postage meters permit the printing of PC postage; absent such meters, Provider could not provide the services it offers. In certain instances, a virtual postage meter may be set up on your behalf and exclusively used to hold your account funds, if applicable, and purchase postage on your behalf (a “personal virtual postage meter”). In other instances, multiple Provider account holders will be aggregated in a group of virtual postage meters, which may be opened and owned in the name of Provider or one of its business partners (an “aggregate virtual postage meter”). If applicable, when you pre-fund your account to conduct mailing and shipping transactions, the funds you provide will be processed by Provider and either (i) deposited in its general account and reflected in your account balance or (ii) funded directly to the USPS and reflected in your account balance. Your account balance may be utilized for any service provided by the ShipStation Carriers service, including shipping with multiple carriers and insurance.
Provider, or business partners of Provider, will separately deposit funds to the virtual postage meter which is related to your account balance, as needed based on your mailing and shipping requests and the requests of other accounts assigned to that same aggregate virtual postage meter. As long as you have deposited sufficient funds into the account, Provider or its business partner will ensure that sufficient funds are deposited with the aggregate virtual postage meter in order for you to print all of the postage and other transactions that you may request based on your account balance. Please note that Provider may also apply your payment for increases to your account balance directly to the applicable virtual postage meter (personal or aggregate) or into Provider’s general account. Such application of funds will not convert the aggregate virtual postage meter to which you are assigned into a personal virtual postage meter. Provider shall have complete and absolute discretion in deciding whether to assign you to a personal or aggregated virtual postage meter, whether to open a new virtual postage meter or use an existing one, whether to open the virtual postage meter in your name or to assign you to an existing aggregate virtual postage meter, and under whose name the virtual postage meter will be activated or maintained. Provider, moreover, may move your account from one virtual postage meter to another (whether personal or aggregate), with these variables, from time to time or at any time.
You acknowledge and agree that all mailing, shipping and other transaction pricing through an account is controlled by Provider. Provider business partners, including mailing and shipping carriers, consolidators, resellers, wholesalers, among others, provide certain rates that may be made available through the ShipStation Carriers service by Provider in its sole and absolute discretion.
Provider does not always provide the lowest rates that may be available for your transaction, as rates are dependent on the service you choose and a variety of factors driven by your actions in using our Services and by decisions from Provider and other business partners of Provider. You agree to the rate provided and displayed at the time of the transaction, as that amount may fluctuate. No refunds shall be applicable to transactions that could have been obtained at a less expensive rate, unless the transaction qualifies for a refund as provided for elsewhere in our terms.
2. ACCOUNT FUNDING
In order to use your account for mailing and shipping transactions and other extra services, you must pre-fund your account in an amount equal to or greater than the funds needed for the transaction or services to be purchased. All purchases and debits will be reflected in your account, or otherwise provided to you in writing, once the transaction clears. Clearance times vary by financial institution. You are allowed to print or create labels up to the amount of pre-funding in your account.
If any payment cannot be completed successfully, your account may be suspended until payment is made. You will be notified that your service has been temporarily suspended until all past balances have been paid. You may re-load your account as often as you like so long as you do not exceed the maximum balance on your account. Auto-funding of your account may also be permitted. The minimum purchase (to fund your account) and the maximum purchase, if any, varies by service program.
If your account balance becomes negative, you authorize Provider to automatically charge your payment method or seek reimbursement so that the account balance is no longer a negative number (to cover previously selected mailing and shipping transactions or other requested purchases with Provider). This charge may apply whether you are a current and active customer, or whether you have already canceled your account.
3. COST ADJUSTMENT TRANSACTIONS
If you conduct a transaction through the ShipStation Carriers service that is paid only when the label is used or if it is determined by Provider or a carrier that a mailing or shipping transaction did not contain sufficient funds (for example, not enough postage to cover a shipment due to an underreporting of weight or package size at time of print or incorrect service selection or delivery information), Provider may automatically deduct the amount for the unpaid or short-paid transaction from your account balance. Provider also has the right, in its sole discretion, to make adjustments for surcharges, duties and fees determined by the carriers or the country shipped to. You will be able to review these adjustments in your account history and reports. If one or more of these payments cannot be collected from your account due to a lack of available funds, in Provider’s complete discretion, (i) Provider may charge the method of payment on file for the shortfall automatically without notice to you and/or (ii) your account may be suspended until you fund your account to cover all outstanding amounts due.
4. USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS
You may request a refund for mailing and shipping unused transactions through the ShipStation Carriers service, subject to the following rules and limitations, for any unused or misprinted items:
Authorized User Request: You acknowledge and agree that Provider and/or its authorized partners, to the extent necessary by any carrier service, is appointed to act on your behalf to request and obtain refunds. In addition to Provider’s refund requirements set forth in these Terms, refund requests are further subject to the rules and requirements of the applicable carrier, including the USPS. Provider makes no guarantee that a refund will be made.
Unused or Misprinted USPS Postage: Unused and/or misprinted USPS mailing and shipping labels or “postage” shall be defined as an envelope, label, plain paper, label stock containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Postage handled and/or returned to sender shall not be considered valid unused and/or misprinted postage.
Unused or Misprinted Carrier Labels: Unused and/or misprinted pre-paid carrier shipping labels shall be defined as an envelope, label, plain paper containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Labels handled and/or returned to sender shall not be considered a valid unused and/or misprinted label.
Time Limit and Risk of Carrier Rejection of Request: You must complete the refund request within the time limit required by each carrier. Please see each carrier’s terms and conditions on their website for additional information.
> For USPS and DHL Pre-paid labels, you must complete the refund request within twenty-eight (28) days of generating the mailing or shipping label.
Active Account Required: Your account must be active and in good standing to request a refund and at the time the refund is to be credited to your account, in order for the refund to be processed and your account to be credited.
Refund Process: Please visit the ShipStation API website to learn how to submit your refund request. You must follow all of the steps listed and provide all of the required information to initiate and complete your refund request, including the return or destruction, if required, of the printed or misprinted but unused mailing and shipping labels. Incomplete requests will not be processed.
Refund Rejections: You take the risk of the carrier partner improperly rejecting a refund request. Provider will not refund the transaction unless the relevant carrier partner approves the refund.
Reimbursement of Account: If a refund request is properly initiated by you within the timeframe required pursuant to Provider and carrier requirements, your account is active and in good standing, and the relevant carrier approves the refund, Provider will credit your account for the value of the transaction to be refunded, as approved by the carrier. Refund processing times may vary. If you have an outstanding balance in any amount (including but not limited to for unpaid Service Fees or unpaid termination fees) you may not receive any reimbursement credit until your account is brought current. In addition, Provider may, in its sole and absolute discretion, deduct such unpaid fees from any refund otherwise due.
Automated Refund Requests: If your account is eligible and approved for automated refund request processing, Provider will identify labels that may be potentially eligible for refunds, submit refund requests on your behalf, and update your account balance once processed refunds are received. Provider shall charge a fee for all processed automated refunds that may be deducted directly from the total refunded amount. If you wish to avoid this fee, you must initiate the refund request directly within the time limits set by Provider and the relevant carrier or service provider.
Potentially eligible labels will be limited to labels that include any form of shipping label tracking codes or other identifying characteristics that are scanned and generated by Provider, subject to modification at any time at Provider’s sole discretion. You hereby authorize Provider as your agent in fact to submit automated refund requests on your behalf to carriers for any and all labels identified as being potentially eligible for refunds without further instruction from you and agree to cooperate in submitting the refund request and to take all steps necessary to perfect the refund request that may be reasonably requested of you. You hereby release Provider from any responsibility, any liability, or any causes of action arising out of or related to improper refund requests submitted by Provider on your behalf, including but not limited to refund eligible labels that were not identified or refund requests that were denied upon submission. It remains your sole responsibility to identify any labels that have not been automatically identified and submitted on your behalf by Provider. For instance, it may not be possible for Provider to determine if a label is eligible for refund due to missing the appropriate service level. Provider will use reasonable efforts to assist in each refund process, at the direction of the user.
Destruction of Unused or Misprinted USPS Postage: All transactions printed through Provider with a designated mailing date expiry after that date, will be eligible for participation in the auto-refund program (for instance USPS transactions expire pursuant to the Code of Federal Regulations). USPS misprinted or unused labels must be destroyed or returned to the USPS, as provided in the Domestic Mail Manual, regardless of whether a refund is requested.
5. PAY-ON-USE SHIPPING LABELS
Pay-on-Use Program: Provider’s Pay-on-Use shipping label feature, hereafter referred to as “Pay-on-Use” is a program offered to certain users. This program enables such users to print service shipping labels (either outbound or returns) for which shipping charges are paid when the label is scanned by the carrier in the mail stream (known as Pay-on-Use), rather than at the time the label is printed (known as pre-paid).
Payments: Provider will automatically debit the applicable account balance for shipping charges and any applicable transaction fees for any Pay-On-Use label that is scanned by the carrier in the mail stream. Because rates can vary over time, you hereby agree that the shipping charges debited from your account balance may be calculated based on the customer rate at the time the label is scanned by the carrier in the mail stream, not at the time the label is printed. In addition to shipping charges and other applicable account fees, Provider reserves the right to charge additional fees for participation in the Pay-On-Use Program. You are responsible for paying for any Pay-On-Use label that is scanned before the applicable label’s expiration date (expiration dates vary by carrier).
Restrictions: Pay-on-Use labels designated as return labels shall not be used as original outbound shipping labels. Pay-On-Use labels are not eligible for refunds. If you participate in the Pay-On-Use program, you may be required to maintain balance sufficient to cover the cost of the Pay-On-Use labels. Your access to the Pay-On-Use program may be disabled immediately if Provider determines, in its sole discretion, that your account is delinquent or that you are misusing the Pay-On-Use program.
Termination: Even after your account is terminated (by you or Provider), you must still pay for any Pay-On-Use labels that are scanned before the labels’ expiration dates.
6. POSTAL POSTAGE ACCOUNT REQUIREMENTS
As noted elsewhere in these Terms, your ability to print USPS postage through the ShipStation Carriers service is facilitated by Provider, an authorized PC Postage provider. Therefore, as a result of accepting these Terms you are also entering into an Agreement with the USPS in accordance with the Domestic Mail Manual (DMM) 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems or “PES”). You accept responsibility for control and use of your account and the PES printed therefrom.
You acknowledge that you have read the Domestic Mail Manual 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems) and agree to abide by all rules and regulations governing its use.
Failure to comply with the rules and regulations contained in the DMM or use of the PES in any fraudulent or unlawful scheme or enterprise may result in the revocation of this agreement.
You further acknowledge that any use of this PES that fraudulently deprives the USPS of revenue can cause you to be subject to civil and criminal penalties applicable to fraud and/or false claims against the United States. The submission of a false, fictitious or fraudulent statement can result in imprisonment of up to five (5) years and fines of up to US $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to US $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (3 U.S.C. 3802).
You further agree that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to remain up to date on the rules and regulations and to comply with any current and future rules and regulations regarding its use.
7. THIRD PARTY TERMS
You agree to be bound by the terms and conditions of each carrier, partner and other service provider accessed through the ShipStation Carriers service and must accept such terms and conditions prior to using such services. Please note that each company may change their terms and conditions within their sole discretion, and we strongly suggest that you visit each company’s website regularly, to familiarize yourself with each company’s individual terms and conditions, as well as any potential changes, prior to using each service.
APPENDIX B
GLOBALPOST TRANSACTIONS AND RELATED SERVICES
Certain shipping transactions may be offered through our parent company’s, Auctane, Inc., GlobalPost Service, including but not limited to the Global Advantage Program, which enables customers to ship packages from the United States and international posts at discounted rates (hereafter, “GlobalPost”). Provider acts as your carrier and is primarily responsible for the fulfillment of the GlobalPost Services offered through its network of third party parcel processing facilities that are selected and directed by Provider (“GlobalPost Processing Facility”). If you ship eligible items to a destination through GlobalPost, you may first be required to ship the item through a GlobalPost Processing Facility which will then route the item to the destination address. You acknowledge and agree that Provider may direct one or more third party global shipping provider(s) to oversee the processing, customs clearance, shipment and, to the extent applicable, the return of the item so long as your shipment meets the terms and conditions of this program and any other applicable third party requirements. Eligible shipment items and quantities are generally governed by the origin and destination country’s postal regulations, import and export laws, rules and requirements. Ineligible items that are shipped may be returned, seized, destroyed, or disposed of pursuant to such laws, rules and requirements. Please contact us for additional information about eligible items and quantities. You agree to indemnify and hold Provider harmless from any losses, including all legal fees and expenses, that result from your shipment of a parcel that contains ineligible, restricted, illegal, or otherwise prohibited items. You acknowledge and agree that Provider has the absolute discretion to disable the GlobalPost Service from your account. You acknowledge and agree that GlobalPost may act as the service provider for certain USPS services, including for international carrier products.
1. GlobalPost SmartSaver Ship-In: If you are using GlobalPost SmartSaver Ship-In or any other branded bulk inbound shipping services offered by Provider, you are responsible for printing (through your account) and affixing the following two shipping labels: (1) the designated shipping label to each parcel, which contains the parcel’s final destination address; and (2) the designated third party carrier label addressed to the assigned GlobalPost Processing Facility to the receptacle containing the bundled parcels. You may be provided with third party carrier labels for the receptacle(s). If the receptable labels are not used by the ship date printed on the labels, they will be automatically refunded and unusable. In the event that labels are generated that are not used for SmartSaver Ship-In or the instructed service, Provider will charge you for shipping costs and may assess an additional fee and/or disable the program on your account. Parcels that do not reach the assigned GlobalPost Processing Facility, including parcels that are sent to an incorrect location, may not be processed through SmartSaver Ship-In. Parcels that do not have the correct bulk inbound shipping label may not be processed through SmartSaver Ship-In.
2. GlobalPost SmartSaver Pickup: If you are using GlobalPost SmartSaver Pickup, or any other branded pickup service offered by Provider, you are responsible for printing (through your account) and affixing the destination label to each parcel and the manifest label to each receptacle, and for bundling the parcels into a receptacle. Provider will provide you with receptacles or other shipping supplies. At pickup, all receptacles must be scanned by the transportation provider upon receipt and require a signature confirmation from you of the pickup. Provider’s transportation providers reserve the right to require item counts at the time of pickup in the event chronic delivery/loss issues are claimed by you. Any receptacles provided by GlobalPost remain the property of GlobalPost. Upon termination of your GlobalPost account or at the written request of GlobalPost, you must return all receptacles in good condition (excepting normal wear and tear) to GlobalPost within 14 days. Failure to return such receptacles will result in a $50 fee per unreturned or damaged receptacle. You may be required to complete and provide a bill of lading to the transportation provider at pickup. The receptacle and/or parcels must be picked up by the assigned carrier(s) at designated time(s)/date(s). In order for the parcel to be picked up successfully, you must follow the prescribed procedure for local pickup (below). Failure to follow the guidelines may impact the deliverability of the parcels and cost of the services.
Procedures for SmartSaver Pickup:
Rates: You will be provided with a unique rate card based on information you provide to Provider during the onboarding process, such as your location, shipment volume/weight and pickup schedule (pickup days/times and frequency). You are required to provide Provider with at least 72 hours’ notice if, for any pickup, your shipment volume (parcel count or weight) increases by 10% or more. You may be required to obtain a new rate card if your shipment volume increases, or decreases, by 20% or more. Provider is not responsible for any unsuccessful pickups if you fail to provide Provider with required notice. A request for an increase in the frequency of pickups may be subject to additional fees.
Scheduled Pickup: Your shipment must be ready to be transported at the scheduled pickup time (or if a pickup window is provided, at the start of the window). Your refusal to tender your shipment to the transportation provider at the scheduled pickup time will be deemed to be a cancellation and may be subject to a $150 cancellation fee, and you will not be assigned another pickup time as a substitute. If you make arrangements with the transportation provider for a pickup time outside of your scheduled pickup time, Provider reserves the right to charge you a $150 change fee.
Cancellation: You are required to provide Provider with at least 24 hours’ notice to cancel a scheduled pickup. If you fail to provide Provider with required notice, you will be charged a $150 cancellation fee.
Transportation Failures: In the event of a Transportation Failure, please contact Provider immediately at [email protected] and Provider will make arrangements for your shipment to be picked up at the soonest available time. If your shipment is not picked up for 3 or more business days from the original scheduled pickup time, a credit equal to 10% of the postage paid for the affected shipments will be made to your account, up to a maximum of $750 per occurrence. “Transportation Failure” refers to Provider’s failure to pick up your shipment at the scheduled pickup time.
3. GlobalPost SmartSaver Dropoff: If you are using GlobalPost SmartSaver Dropoff, you are responsible for sourcing all required shipping supplies, printing and affixing the shipping label to such parcels, bundling your parcels into bags, gaylords or pallets, and transporting your packages to the assigned GlobalPost Processing Facility. For your parcels to be successfully processed, you must follow the required pre-alert process (below) for each dropoff. Failure to adhere to the pre-alert process may impact the deliverability of your parcels.
Pre-Alert Process:
Procedures.
Pre-Alert Email. You must provide the following information in each pre-alert email:
4. Transportation Services:
Requirements. Provider may provide you with rates for transportation services (“Transportation Services”) from time to time. Transportation Services are available Monday through Friday, for scheduled, recurring pick-ups only; no one-time or on demand pick-ups are available. Rates are based on a number of factors as agreed between Provider and you, including but not limited to pick-up and drop-off locations; pick-up time(s); frequency of pick-ups; and volume, weight and other shipment characteristics (collectively, the “Agreed Schedule”). Changes in any of the foregoing factors may result in a change in rates and/or other applicable fees. Rates are subject to change based on changes in market conditions and fuel surcharges. Rates do not include supplies. Vehicle type will be finalized upon account activation and is subject to change in GlobalPost’s sole and absolute discretion. GlobalPost may engage one or more subcontractors to perform any or all of its obligations in connection with the Transportation Services. You are responsible for paying for all fees for Transportation Services in accordance with the Agreed Schedule. Fees will be billed against your GlobalPost account. Any modifications to the Agreed Schedule must be requested at least 72 hours in advance of the scheduled pick-up time. GlobalPost will use commercially reasonable efforts to accommodate requested modifications but cannot guarantee that such modifications will be made. You must provide at least 24 hours’ prior notice of any pick-up cancellations. Failure to timely cancel a scheduled pick-up will result in a cancellation fee of $150. Freight must be ready for pick-up at the agreed pick-up time. You agree not to communicate directly with the applicable transportation vendor without GlobalPost’s prior written consent. If arrangements that deviate from the Agreed Schedule are made with the transportation vendor directly, GlobalPost reserves the right to charge your account for applicable fees. Transit times for Transportation Services are estimates only and are not guaranteed. You may be required to print and provide a bill of lading to the transportation vendor at pick-up.
Representations and Warranties. You hereby represent, warrant and covenant that: (a) you own the shipped items or have the necessary rights to ship such items; (b) you use the Transportation Services to ship items at your own risk through the carriers that provide the Transportation Services and, except to the limited extent expressly set forth these Terms, agree that Provider will have no liability for any shipped items or any claims, demands, loss or damages related thereto; (c) you are solely responsible for obtaining any insurance to cover any anticipated losses; (d) you are solely responsible for any and all liability, which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death; (e) if you are loading, bracing and securing the goods, you agree that you are liable for any claims, loss, or damage as a result of doing so improperly or unsafely. You agree that Provider is in no way responsible for the securing, lading, packaging, or compliance with shipping instructions for your shipments; and (f) you agree that Provider is not a motor carrier, and as such, is not liable or responsible to you or the or the shipment recipient for any shipments transported under these Terms.
5. Interchangeability of Services Used: Provider may substitute services in its sole discretion, but will generally offer substitute services that are similar to the originally selected service. In the event that another service is used, commercially reasonable efforts will be made to maintain a similar service standard.
6. Fees and Adjustments: Provider may change prices and fees, in its sole discretion, at any time. The fees for GlobalPost may include both GlobalPost and third party carrier fees. The total of the fees may be included within the shipping rates provided to you and may not be separately delineated from the overall charge. Rates for services charged will be based on the rates that are available for your account and may be updated by Provider in its sole discretion. For shipments where (a) you do not provide or provide incorrect shipping details about the parcel (such as weight, address, dimensions, dimensional weight, service type or package type), (b) shipment information is not legible, (c) the shipment has been tendered by you to the wrong carrier, or (d) the packaging is inadequate or improper, GlobalPost reserves the right, at its sole discretion, to either (i) deliver the parcel(s) at an increased rate that will be automatically charged to you, (ii) return the parcel(s) to you with the cost of the return and processing of the return charged to you, or (iii) destroy or dispose of the parcel(s), with the cost charged to you. In the event that the assessed rate cannot be calculated using the GlobalPost rates (for example, in the event that the actual weight of the shipment exceeds the maximum weight supported by the program), you will be charged for the replacement service, which may include a domestic label, if applicable. For example, you might be automatically charged for a domestic Priority Mail Retail Package (rated based on transportation from your facility to the third party shipping facility, and any balloon/oversized surcharges as required per USPS rates and requirements) plus the cost of a Priority Mail International Retail Package (rated based on transportation from the third party shipping facility to your intended international recipient, plus any balloon/oversized surcharges as required per USPS rates and requirements). Note that in the event that GlobalPost does not supply a domestic label, domestic Priority Retail Package rates will not be included in any adjustments.
7. Duties and Taxes: Some GlobalPost Services offer expedited customs clearance which requires full payment of duties and taxes. GlobalPost provides various ways to pay duties and taxes, including and not limited to: (i) duties and taxes are deducted from your account balance; (ii) duties and taxes are collected by GlobalPost from the recipient before the parcel leaves a GlobalPost Processing Facility; (iii) duties and taxes are collected by GlobalPost by the destination carrier from the recipient at the time of delivery. Improper classification of items in your parcel could result in adjustments to your account balance, an increase in the amount collected from the recipient, delay, disposal, or return. Note that due to international currency changes, the amounts may vary based on currency conversion at the time of your transaction. An additional administration fee related to the collection of duties and taxes may also apply. If your transaction requires the payment of duties and taxes by the recipient and your recipient refuses to pay for those amounts, you may be required to pay for the goods to be returned, destroyed, or disposed of or for other amounts imposed.
8. Harmonized Tariff Schedule Codes for International Shipping: The Harmonized System Tariff code (“HS Tariff Code”) is used to classify physical goods and traded products for export to another country. Provider urges you to provide the HS Tariff Code that corresponds to your shipment on the Customs Form. If you do not provide a HS Tariff Code on the Customs Form, Provider may assign one for you. By using the GlobalPost Services, you agree that if Provider assigns a HS Tariff Code for you, Provider is not liable for any issues you have with your package, including but not limited to any additional fees or penalties you are charged or any delays or the return of your package due to the HS Tariff Code assigned. Click here for terms that apply to GlobalPost’s Canada Delivered Duty Paid Program.
9. Refunds: No refunds shall be applicable for a GlobalPost shipment that has been provided to any carrier. In addition, no rate credits shall be applied in the event your shipment could have qualified for a less expensive rate but you did not select that rate.
10. Undeliverable Parcels: A parcel is considered undeliverable if (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) delivery cannot be made because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (iii) the parcel is unable to clear customs, (iv) the recipient refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the parcel would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the parcel contains restricted, illegal, or otherwise prohibited items, or (vii) the parcel’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the parcel is undeliverable for any reason, Provider may attempt to notify you and to arrange for the return of the parcel, subject to any local regulatory restrictions. Additionally, Provider may, in its sole discretion, return the parcel to you or destroy or dispose of the parcel. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable parcel. GlobalPost prohibits the shipment of any and all Tobacco Products under GlobalPost’s Global Advantage Program. The term “Tobacco Products” includes any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product; the term includes, without limitation, cigarettes, e-cigarettes, cigars, e-cigars, e-hookah, vape pens, advanced refillable personal vaporizers, and electronic pipes. Provider reserves the right to refuse to accept, transport, or deliver any shipment containing Tobacco Products that Provider, in its sole and unlimited discretion, determine does not comply with the requirements for the shipment or any applicable law or regulation, and to discontinue any or all service to you for, among other reasons, tendering such a shipment. Provider reserves the right to dispose of any shipment containing Tobacco Products that shippers are prohibited from shipping, that Provider is not authorized to accept, that Provider states that Provider will not accept, or that Provider has a right to refuse. Any fees or charges that are associated with your shipment of Tobacco Products will be directly billed to your account.
11. Parcel Coverage: In the event your parcel is lost and/or damaged prior to delivery, the GlobalPost Service offers a limited Parcel Coverage program pursuant to the following terms. Note, Parcel Coverage through GlobalPost is not package insurance. Actual package insurance must be added as a separate transaction.
12. Appointment of Agent: Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your recipient, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Provider’s third party shipping partner(s) acting as your recipient’s forwarding agent. You remain liable for the accuracy of information you provide about shipments, and you agree to provide timely responses to requests for additional information.
13. Right of Inspection: You agree that Provider, its shipping partners, or any governmental authority including customs and security may open and inspect your shipment at any time. You acknowledge and agree that GlobalPost, its shipping partners, or any governmental authority may, at its sole discretion, decide to destroy or dispose of a parcel in the event a determination is made that such destruction or disposal, as the case may be, is required (for example, prohibited items are shipped through GlobalPost or there is suspected fraud associated with the transaction).
14. Sharing of Information: Notwithstanding anything in the Privacy Policy to the contrary, you consent to the disclosure of certain personally identifiable information, as well as shipping item information (including but not limited to recipient and package content information), by Provider and its partners to any third party shipping partner utilized as part of the GlobalPost Service, and, in addition to other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and transportation of any shipment. Provider cannot control the privacy policies of its third party partners and their service providers and you hereby waive any claim related to the disclosure of personally identifiable or shipment information as part of GlobalPost.
15. Transit Times: Some GlobalPost transactions may include a quoted transit time, which represents an estimate by Provider for the respective service once the parcel has been received and processed by GlobalPost at a GlobalPost Processing Facility; actual transit times may vary. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond Provider’s reasonable control are not included when Provider quotes door to door delivery times in its published literature. The route and the method by which Provider transports your shipment shall be at its sole discretion.
16. Countries Served: A list of countries approved to ship to under this agreement can be found by clicking here Provider reserves the right to add or remove countries from this list at any time. You may be required to provide additional information depending on the parcel’s destination.
17. Additional GlobalPost Info: Additional information about GlobalPost, including policies governing eligibility, service delivery times, weight and size restrictions, handling of lost, damaged, and undeliverable items, rates, shipment insurance, returns, and refunds can be found by clicking on the GlobalPost webpage.
COUNTRY-SPECIFIC TERMS
If you are receiving and using the Services in Australia, Canada, France, Germany, Canada, or the United Kingdom (according to the country selected on account creation), the additional terms in the corresponding section (Country-specific Terms) below apply in addition to the Terms.
If there is any conflict between the Terms (excluding these Country-specific Terms) and any applicable Country-specific Terms, the applicable Country-specific Terms take precedence.
Australia
1. NOTICE OF TERMS THAT MAY AFFECT YOUR INTERESTS
The Terms include terms which may prejudice your interests and the following information explains the substance and effect of those Terms but does not change those Terms or their meaning or effect:
2. Despite any other provision of the Terms, nothing in the Terms is to be read as excluding, restricting or modifying the application of any applicable law which by law cannot be excluded, restricted or modified.
3. To the fullest extent permitted by applicable law, the liability of Provider, if any, for a breach of a non-excludable consumer guarantee under the Competition and Consumer Act 2010 (Cth) (or Applicable Laws of similar effect) is limited, at Provider’s option, to:
4. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW INCLUDING FOR NEGLIGENCE OR WILLFUL, CRIMINAL OR FRAUDULENT MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN NEGLIGENCE.
5. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas 78731 U.S.A. and all references to “Provider” in the Terms and these Country-specific Terms (Australia) shall be interpreted as references to Auctane LLC.
6. “Auctane”, “ShipStation” and associated brand names and domain names are trademarks of Provider in Australia as well as the countries mentioned in Section 6 of the Terms.
7. For the purposes of Section 10.4 of the Terms, in some circumstances the liability of a carrier may be limited under Australian laws which implement a Convention referred to in that section or under laws with similar purposes.
8. For the purposes of Section 11.2 of the Terms, if you are the claimant, the Notice to Provider must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas 78731 U.S.A.
9. The section titled “POSTAL POSTAGE ACCOUNT REQUIREMENTS” does not apply if you do not use or purchase USPS services.
10. For the purposes of Section 16.6 of the Terms, all sums payable are expressed to be exclusive of GST. GST may be properly chargeable on the purchase of postage and Services. Where GST is chargeable, the GST shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such GST owed on products or taxable items utilized, regardless of whether such GST is collected by the Provider at the time of purchase.
11. You acknowledge that Provider may share personal information with its agents or subcontractors or affiliates or other third party service providers for the sole purpose of providing or improving the Services. In relation to any personal information which is subject to the Privacy Act 1988 (Cth) and provided by you to Provider:
Canada
1. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR FRAUD OR FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, WILLFUL MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR ACTS OR OMISSIONS.
2. For the purposes of section 16.6 of the Terms, all sums payable are expressed to be exclusive of taxes and similar assessments. By using the Services, you are responsible for all goods and services tax (GST), harmonized sales tax (HST), provincial sales tax (PST), value added tax, use and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, provincial, territorial, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on Provider’s income.
3. The section titled “POSTAL POSTAGE ACCOUNT REQUIREMENTS” does not apply if you do not use or purchase USPS services.
France
1. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc.), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas, U.S.A. 78731 and all references to “Provider” in the Terms and these Country-specific Terms (France) shall be interpreted as references to Auctane LLC.
2. The Services are provided in France to business users only. You are not entitled to use the Services if you are a consumer (“consommateur”) as defined by French law.
3. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR GROSS NEGLIGENCE OR WILLFUL, CRIMINAL OR FRAUDULENT MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN NEGLIGENC
4. “Auctane”, “ShipStation” and associated brand names and domain names are trademarks of Provider in France as well as the countries mentioned in section 6 of the Terms.
5. For the purposes of section 11.2 of the Terms, if you are the claimant, the Notice to Provider must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, U.S.A. 78731.
6. The section titled “POSTAL POSTAGE ACCOUNT REQUIREMENTS” does not apply if you do not use or purchase USPS services.
7. For the purposes of section 16.6 of the Terms, all sums payable are expressed to be exclusive of VAT. VAT may be properly chargeable on the purchase of postage and Services. Where VAT is chargeable, the VAT shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such VAT owed on products or taxable items utilized, regardless of whether such VAT is collected by the Provider at the time of purchase.
Germany
1. Your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas, U.S.A. 78731 and all references to “Provider” in the Terms and these Country-specific Terms (Germany) shall be interpreted as references to Auctane LLC.
2. The Services are provided in Germany to business users only. You are not entitled to use the Services if you are a consumer as defined by German law.
3. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR GROSS NEGLIGENCE OR WILLFUL, CRIMINAL OR FRAUDULENT MISCONDUCT AND FOR DEATH OR PERSONAL INJURY CAUSED BY YOUR OR OUR OWN NEGLIGENCE.
4. “Auctane”, “ShipStation” and associated brand names and domain names are trademarks of Provider in Germany as well as the countries mentioned in section 6 of the Terms.
5. For the purposes of section 11.2 of the Terms, if you are the claimant, the Notice to Provider must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, U.S.A. 78731.
6. The section titled “POSTAL POSTAGE ACCOUNT REQUIREMENTS” does not apply if you do not use or purchase USPS services.
7. For the purposes of section 16.6 of the Terms, all sums payable are expressed to be exclusive of VAT. VAT may be properly chargeable on the purchase of postage and Services. Where VAT is chargeable, the VAT shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such VAT owed on products or taxable items utilized, regardless of whether such VAT is collected by the Provider at the time of purchase.
United Kingdom
1. Prior to May 1, 2025, your agreement for use of the Services is with Auctane LLC, a Texas limited liability company (and not Auctane, Inc), with offices at 4301 Bull Creek Rd., Suite 300, Austin, Texas, U.S.A. 78731 and all references to “Provider” in the Terms and these Country-specific Terms (United Kingdom) shall be interpreted as references to Auctane LLC. For any new accounts created, or any renewals of existing accounts occurring, on or after May 1, 2025, your agreement for use of the Services is with Auctane, S.L.U., with CIF B83357863 and on file in the Commercial Registry of Madrid in Volume 17.909, Folio 138, Section 8, Page M-309219, Entry 4, with its address on the Paseo Imperial, 14, 28005 Madrid, and its affiliates, including its parent company Auctane, Inc., and all references to “Provider” in the Terms and these Country-specific Terms (United Kingdom) shall be interpreted as references to Auctane, S.L.U. and its affiliates.
2. The Services are provided in the United Kingdom to business users only. You are not entitled to use the Services if you are a consumer (as defined by English law).
3. NOTHING IN THESE TERMS LIMITS OR EXCLUDES YOUR OR OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY LAW INCLUDING FOR FRAUD OR FRAUDULENT MISREPRESENTATION AND FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OWN NEGLIGENCE.
4. “Auctane”, “ShipStation” and associated brand names and domain names are trademarks of Provider in the United Kingdom as well as the countries mentioned in section 6 of the Terms.
5. For the purposes of section 11.2 of the Terms, if you If you are the claimant, the Notice to Provider must be addressed to: Auctane LLC, care of Auctane, Inc., Attention: Dispute Resolution, 4301 Bull Creek Rd, Suite 300, Austin, Texas, U.S.A. 78731.
6. The section titled “POSTAL POSTAGE ACCOUNT REQUIREMENTS” does not apply if you do not use or purchase USPS services.
7. For the purposes of section 16.6 of the Terms, all sums payable are expressed to be exclusive of VAT. VAT may be properly chargeable on the purchase of postage and Services. Where VAT is chargeable, the VAT shall be paid in addition to the consideration given, at the time when the sum in question is due to be paid. You are responsible for the payment of all such VAT owed on products or taxable items utilized, regardless of whether such VAT is collected by the Provider at the time of purchase.