By registering for an account or using any Trackingpkgs service in any way, you agree to be bound by the following terms and conditions, which are also incorporated by this reference into the Order Form, the Trackingpkgs Privacy Policy, and all other terms or policies that may be posted on the Site (“Terms of Use”, “Terms”).
Certain portions of the Services may be subject to additional terms and conditions specified by Trackingpkgs. Your use of such Services will be subject to these additional terms and conditions, which are incorporated into these Terms of Use by this reference.
Trackingpkgs reserves the right, at any time, to: (1) modify or update any of the Terms of Use, said modifications or updates to be effective upon their posting on the Site; (2) suspend or discontinue access to or operation of the Services, or any portion thereof, as may be necessary for the performance of maintenance and/or for any other purpose; and/or (3) modify or change the Services, or any portion thereof, including, but not limited to, by adding, removing or modifying features and options in the Services.
Your continued use of the Services will be deemed your acceptance of the revised Terms of Use. If you object to any of the Terms of Use or any subsequent modifications, your sole recourse is to immediately discontinue using the Services.
If any individual enters into these Terms on behalf of a company, organization, or other legal entity (“Entity”), that individual agrees to these Terms of Use for that Entity and represents to Trackingpkgs that he/she has the authority to legally bind the Entity and its affiliates to such.
By registering and using our products or services, the user agrees to and accepts this agreement, and is urged to read these terms carefully before using our services.
1. Definitions
In addition to the terms defined elsewhere in these Terms, the following terms shall have the meanings set forth below:
1.1 “Account” means any and all Trackingpkgs accounts created by or on behalf of the User.
1.2 “Affiliate” means any company (or subsidiary of a company) which is a holding company or a subsidiary of any such holding company in respect of the relevant person/entity and at least one-fifth of whose issued share capital is beneficially owned by the relevant person or its associates in accordance with the foregoing part of this definition. Where the person concerned is an individual or a corporation or other unincorporated body of persons, the term “associate” shall mean and include any company directly or indirectly controlled by such person.
1.3 ” Trackingpkgs” (“We”) means the applicable Trackingpkgs Party (as defined in Section 2 below).
1.4 ” Trackingpkgs Customer” means any and all End Users who are Trackingpkgs Customers and use the Application.
1.5 “Application” means Trackingpkgs’s mobile software application which is used by Trackingpkgs Customers to allow them to access, manage and process their query data.
1.6 “Confidential Information” means all information disclosed by a User to Trackingpkgs or by Trackingpkgs to a User, which is in tangible form and marked “Confidential” (or with a similar legend) or which, depending on the nature of the information, a reasonable person would understand to be confidential. information that, by its nature, a reasonable person would understand to be confidential. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) has been, or is, made available to the Receiving Party by a third party that the Receiving Party does not know is under an obligation of confidentiality with respect to such information; (c) is, or is now, generally available to the public, other than in violation of these Terms; (d) was developed independently by the Receiving Party, or does not make use of the Disclosing Party’s Confidential Information; and (e) is anonymized. Data.
1.7 “Data” means all data, electronic data, text, messages or other materials that you submit to the Services in connection with your use of the Services.
1.8 “Document” means any written or electronic document, image, video, text or sound that designates a feature of the Services that Trackingpkgs makes available or provides to you through the Website or otherwise.
1.9 “End User” means any person or entity that (i) is a customer of the User and/or (ii) whose personal data is being processed by Trackingpkgs as part of the Services provided to the User.
1.10 “Force Majeure” means any act, event or cause beyond the reasonable control of the defaulting party, including but not limited to acts of God, embargoes, wars, acts of terrorism, riots, fires, earthquakes, nuclear accidents, floods, strikes, blackouts, volcanic activity, unusually severe weather conditions, hackers or the actions of third party internet service providers, all of which are determined through due diligence. acts, all of which could not have been foreseen and overcome by due diligence on the part of such adverse party.
1.11 “Party/Parties” means Trackingpkgs and the User, individually as a party and collectively as parties.
1.12 “Personal Data” means any information relating to an identified or identifiable natural person contained in the Data; an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to such things as a name, an identification number, location data, an online identifier, or something specific to the body, the physiology, the genetics of that natural person, the psychology, economic, cultural or social identity of that natural person.
1.13 “Processing” means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, making available by transmission, dissemination or otherwise, alignment or combination, restriction, erasure or destroy for disclosure.
1.14 “Service Plan” means the particular plan to which you subscribe, whether free or paid, as detailed on the Website, and the portion of the Services associated with said plan.
1.15 “Transportation Provider” means a third party transportation service provider
1.16 “Website” means any and all websites operated or owned by Trackingpkgs, including but not limited to www.trackingpkgs.com.
1.17 “Software” means any and all software provided by Trackingpkgs to the User.
1.18 “Store” means any and all stores associated with an Account, whether online or in a physical retail location.
1.19 “Subscription Term” means the term for which the User agrees to subscribe to the portion of the Services detailed in the Service Plan.
1.20 “Third Party Services” means third party products, applications, services, software, products, networks, systems, catalogs, websites, databases and information to which the Services link or which the User may connect or enable in connection with the Services, including, without limitation, certain third party services that may be integrated into the Services.
1.21 “Third Party Transportation Services” means third party transportation services (including products, applications, additional services, software, networks, systems, directories, websites, databases and information) that may be utilized by User.
1.22 “Enquiry Data” means any data relating to the shipment of a Parcel, including, but not limited to, Order Number, Order Value, Order Date, Item Name, Item Value, Item Quantity, Item Weight, Enquiry Number, Carrier Name, Shipping Method, Box Type, Parcel Weight, Ship Date, Ship Address, End User Name , end-user email, end-user phone number, end-user shipping address, store name, store website, carrier preference, notification content, notification preference, delivery status, delivery location, delivery date, name signature, estimated delivery date, shipping label document, shipping cost, manifest document, reason for return, method of return, type of resolution, image of the returned product, refund amount, return date.
1.23 “User, You” means any person or entity and its affiliates who use the Site and/or Services.
1.24 “User’s Registered Address” means (i) the registered address of the Site User as shown in the User’s Account or (ii) the registered address of the Business User as shown in the Master Services Agreement or Order, whichever is applicable to both parties. Site User means any User who has not entered into an Order with Trackingpkgs.
2. General Terms; Access and Use of Services
2.1 Subject to the User’s agreement and compliance with these Terms, the User is entitled to access and use some of the Services provided by Trackingpkgs free of charge and without subscription.
2.2 An Internet connection is required for proper transmission of the Services. User is responsible for procuring and maintaining a network connection to the Services, including, but not limited to, “browser” software that supports the protocols used by Trackingpkgs, including the Secure Sockets Layer (SSL) protocol or other protocols accepted by Trackingpkgs. Trackingpkgs shall not be liable for any modification of or damage to any data, including Your data, resulting from transmissions across computer networks or telecommunications facilities not owned, operated or controlled byTrackingpkgs. Trackingpkgs is not responsible for the reliability or performance of any connection described in this section.
2.3 The Service is not available to individuals under the age of 18. If you are under the legal age to enter into a binding contract or are unable to enter into these Terms, you may not use the Site. Trackingpkgs does not knowingly collect personally identifiable information from users under the age of 18. Such Users are expressly prohibited from submitting their personally identifiable information to Trackingpkgs; Trackingpkgs will not knowingly use, distribute or retain any information submitted by such Users.
2.4 Users are responsible for complying with the provisions of these Terms and for all activities and data that occur under their accounts.
2.5 You are solely responsible for ensuring that the use of the Services to store and transmit your data complies with all applicable laws and regulations, including without limitation all applicable laws and regulations relating to personal data. You are solely responsible for ensuring that the use of the Services and the processing of your data does not infringe the intellectual property rights and privacy rights of any third party.
2.6 It is the responsibility of the User to determine whether the Services or the information generated therefrom is accurate or adequate for its purpose.
2.7 Access to and use of some of the Services may be limited to a specific number of individuals as permitted by the applicable subscription plan.
2.8 Trackingpkgs reserves the right, at Trackingpkgs’s discretion, to suspend your access to and use of the Services: (a) during scheduled upgrades and maintenance downtime; (b) during periods when the Services are unavailable due to a force majeure event or circumstance; (c) if Trackingpkgs suspects or detects any malware or files associated with your account or your use of the Services and/or (d) for any other reason Trackingpkgs considers reasonable. Trackingpkgs will use commercially reasonable efforts to schedule scheduled downtime on weekends and other off-peak hours. Trackingpkgs will use commercially reasonable efforts to communicate planned downtime to Users in advance.
2.9 Additional terms and conditions may apply to specific portions or features of the Services, including promotions or other services, all of which are made part of these Terms of Use by this reference. You agree to abide by such additional terms and conditions. In the event of a conflict between these Terms of Use and the terms posted or applicable to a particular portion of the Site or service offered on or through the Site, the latter shall control your use of that portion of the Site or particular portion of the Service.
3. Confidentiality
3.1 As expressly permitted by these Terms, you and Trackingpkgswill protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but in a manner that is no less than reasonable care. Unless otherwise expressly permitted by these Terms, Trackingpkgss, Users and their respective affiliates may only use the Confidential Information of the other party in the exercise of their respective rights and the performance of their respective obligations under these Terms and only to their employees, agents and representatives, their respective employees and their respective employees, agents and representatives who need to know such information to perform their respective duties.
3.2 You agree that Trackingpkgs, its affiliates, and their respective employees, agents and representatives have the right to access your account and to use, modify, transfer, copy, display and disclose the data to the extent necessary to provide the Services, including, without limitation, in response to your requests for support. You agree that, only to the extent necessary to provide the Services, Trackingpkgs shall be authorized to (i) permit the use, modification, copying, and (ii) disclosure of the Data (including Confidential Information) to Authorized Subprocessors, Authorized Operators, End-Users, Trackingpkgs’s Customers, Transportation Providers, and Third Party Service Providers and their employees, agents and representatives.
3.3 Trackingpkgs will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.
3.4 Trackingpkgs may also disclose Confidential Information, as well as information about Accounts, Your Data and Users, in order to (a) comply with applicable laws and regulations; (b) respond to lawful requests, legal process, orders and/or subpoenas of a court/other legal authority; (c) protect the rights or property of Trackingpkgs, including enforcement of these Terms or other policies related to the Services (c) protect Trackingpkgs’s rights or property, including enforcement of these Terms or other policies related to the Services; and/or (d) protect personal safety.
4. Personal Data
4.1 Trackingpkgs collects certain information about Accounts, Your Data, Users, End Users, Query Data, and equipment, computers and other tools used in connection with the Services. Trackingpkgs uses, discloses and protects this information as described in the Trackingpkgs Cookies Policy and the Trackingpkgs Privacy Policy.
4.2 Trackingpkgs will process, use, modify, collect and store personal data in accordance with applicable data protection laws. By submitting any personal data toTrackingpkgs, the User represents and warrants that the User has (1) complied with any and all applicable laws, including but not limited to all applicable data protection laws, (2) provided all relevant notices and obtained any necessary consents from the data subjects necessary for Trackingpkgs to process the personal data, and (3) informed the data subjects of the purposes for which the personal data are processed.
4.3 As part of the provision of the Services, Trackingpkgs may act as a processor to process personal data on behalf of the user, the controller. By submitting any personal data to Trackingpkgs, the User agrees to the terms of the Trackingpkgs Data Processing Agreement.
4.4 Personal data and confidential information does not include anonymized data, i.e. data collected by Trackingpkgs about the use of the Services or about a group or category of products, services, Users and End Users, where personal identities, identifiable information or other personal data have been irreversibly deleted (“anonymized data”). Trackingpkgs shall be authorized to use, combine, disclose, analyze and create derivative works from all Anonymous Data. In other words, information about how you use the Services may be collected, de-identified, and then combined with information about how others use the Services. These Terms and the Trackingpkgs Data Processing Agreement do not limit or restrict Trackingpkgs’s collection, use and disclosure of anonymized data.
5. Third Party Content
The Services may contain features and functionality that may link you to, or provide you with access to, third-party content that is completely independent of Trackingpkgs, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Services are solely between you and such organizations or individuals. You should make any investigations you deem necessary or appropriate before engaging in any interaction with any third party that provides third party services. You agree that Trackingpkgs shall not be liable for any loss or damage of any kind or nature whatsoever resulting from any such dealings.
6. Disputes Between Users, End Users and Third Parties
If a dispute exists between Users, End Users and/or third party service providers, you understand and agree that Trackingpkgs is under no obligation to become involved. In the event that you have a dispute with any other User, End User or Third Party Service Provider, you hereby release the Released Parties from any claims, demands and damages (actual and consequential) of any kind or nature whatsoever, both known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
7. Transportation Providers
Trackingpkgs does not provide transportation services. You and the Transportation Provider are responsible for any transportation. Your use of a Transportation Provider is subject to all applicable terms and conditions of the relevant Transportation Provider and you are responsible for complying with those terms and conditions. See also Applicable Transportation Restrictions for more information about what you may and may not be allowed to transport through the applicable Transportation Provider. By using third party transportation services, you are responsible for complying with all applicable laws, regulations and third party rights. Additionally, you are responsible for alerting the transportation provider to the labeling of any and all shipments within the highly regulated (national, federal state, or local) industry, including, but not limited to, dangerous goods and hazardous materials. If the User Goods in a shipment are designated as “Dangerous Goods” or otherwise required to comply with additional transportation requirements (e.g., “Restricted Goods” or “Perishable Goods”) (collectively “Controlled Goods”), User will (a) immediately notify the Transportation Provider of the existence of such Controlled Goods, and (b) clearly identify the Controlled Goods with legible labels and have a continuing obligation to immediately alert the Transportation Provider of any alterations or additions to such Controlled Goods.
8. Warranty Disclaimer
You agree that use of the service is entirely at your own risk. the service is provided on an “as is” and “as available” basis without warranty of any kind. to the fullest extent permitted by law, all express and implied warranties, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. to the maximum extent permitted by law, the released party disclaims all warranties as to the security, reliability, timeliness, accuracy and performance of the service. to the maximum extent permitted by law, the released party disclaims all warranties with respect to third party services or goods received through the services or any links on the services. to the maximum extent permitted by law, the released party disclaims any warranties with respect to viruses or other harmful components associated with the service.
The Released Parties disclaim all liability for, without limitation: (a) errors, mistakes, or inaccuracies in content; (b) personal injury or property damage resulting from your access to or use of the Services; (c) unauthorized access to or use of Trackingpkgs’s servers or any personal or financial information; (d) any interruptions in transmissions to or from the Services; (e) any computer viruses or malicious code that may be transmitted on or through the Services (e) any computer viruses or malicious code that may be transmitted on or through the Services; or (f) any loss or damage of any kind incurred as a result of the use of any features or content posted, e-mailed, transmitted or otherwise made available on or through the Services.
Posted Parties do not warrant, endorse, guarantee or assume responsibility for any third party services or third party products recommended, advertised, offered or available through, integrated with, or linked to the Services or any linked sites.
you understand and agree that any material or information downloaded or otherwise obtained through the use of the service is done at your own risk and that you will be solely responsible for any damages resulting therefrom. no advice or information, whether oral or written, obtained by you from Trackingpkgs or through the service shall create any warranty not expressly stated in these terms of use.
Some jurisdictions do not allow the exclusion of certain warranties, so some or all of the above disclaimers may not apply to you.