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You must read, agree with and accept all of the terms and conditions contained in these Shipping Terms before you begin to use the Shipping Services.
You agree to use the Shipping Services in accordance with all procedures that may be provided to you by Elicto from time to time. If you do not agree with these procedures then you should not use the Shipping Services.
The Shipping Services allows you access to purchase United States Postal Service (“USPS”) postage, UPS Market Driver, Inc. (“UPS”) shipping and DHL Express (USA), Inc. (“DHL” and each of USPS, UPS and DHL a “Carrier” and together the “Carriers”) shipping to assist you with fulfilment for your Elicto orders.
Elicto serves only as an intermediary between you and the applicable Carrier, allowing you to purchase postage, or shipping, and print shipping labels (“Labels”). You are responsible for shipping to your customers. Elicto is not responsible to pick up, transport, deliver or otherwise deal with your shipment.
Your use of USPS postage is subject to, and you are responsible for compliance with, all applicable USPS rules. See Shipping Restrictions for more information about what you are and are not permitted to ship through USPS, and Mailing Standards for packaging and labelling requirements.
Your use of DHL shipping is subject to, and you are responsible for compliance with, all applicable DHL rules. See DHL’s Terms and Conditions of Carriage for the terms and conditions governing your shipment with DHL.
Your use of UPS shipping is subject to, and you are responsible for compliance with, all applicable UPS rules. See the UPS Rate and Services Guide and Tariff as well as the UPS Technology Agreement for the terms and conditions governing your shipment with UPS.
You are responsible for compliance with all local and international shipping and customs regulations.
All Shipping Services used must be associated with Elicto orders. Labels may not be transferred or sold to a third party. You are permitted to charge or pass through your shipping costs to your customers at your discretion.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Shipping Service, use of the Shipping Service, or access to the Shipping Service without the express written permission by Elicto.
You may not use the Shipping Services for any illegal or unauthorized purpose. You may not, in the use of the Shipping Services, violate any laws in your jurisdiction or the laws of Canada or the Province of Ontario.
Elicto will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must figure out whether any of these charges will become due, and arrange for their payment. If any such charges become due as a result of your use of the Shipping Services and are charged to Elicto by any competent authority, you agree to reimburse Elicto fully in respect of the same within 7 days of our demand.
ELICTO PROVIDES ACCESS TO SHIPPING SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELICTO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SHIPPING SERVICES. ELICTO DISCLAIMS ALL CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ELICTO SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF SHIPPING SERVICES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SHIPPING SERVICES. IN NO EVENT SHALL ELICTO'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SHIPPING SERVICES.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Elicto partners, officers, directors, agents, and employees, harmless from any liability, expense, loss, claim or demand, including reasonable attorneys’ fees, arising out of or in any way connected with any unauthorized use of the Shipping Service, your breach of these Shipping Terms or the documents it incorporates by reference, your violation of any law or the rights of a third party, any data uploaded by you or on your behalf, or any of your actions or omissions related to the Shipping Services.
Any use by you of Shipping Service is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which shipping services are provided by the USPS, UPS and DHL.
When you review the Shipping Services you will be shown the prices associated with a variety of shipping options. When you select your options and click “Buy label and fulfill items” the amount associated with your options (the “Fees”) will be added to your next Shipping Services invoice.
Elicto will, from time to time, charge your credit card for the aggregate Fees you have incurred for the Shipping Services. If your credit card payment is declined or if we are otherwise not able to collect payment from you for the invoiced Fees, you will not be able to create new Labels until such Fees are paid.
You authorize Elicto to charge your credit card currently used to pay for your Account for any Shipping Services you purchase, in accordance with these Shipping Terms. You will be responsible for payment in the event your credit card is declined or we are otherwise unable to collect payment from you. An invoice will appear on the Account page of your Elicto administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
Any Fee refunds for unused Labels must be requested from within the associated order within thirty days after Label creation.
Labels may be audited by the applicable Carrier for weight, dimensions, mail class, package type and Zip or Postal Code. If an audit reveals that the Label you’ve purchased contains either insufficient or excess postage, additional Fees or credits may be applied to your Account. You will be able to review any adjustments on the Orders and Invoices pages of your Elicto administration console.
Elicto reserves the right to modify, suspend or terminate the Shipping Service or your ability to use the Shipping Service at any time, for any reason, either with or without notice to you.
These Shipping Terms shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with these Shipping Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Shipping Terms and is hereby expressly excluded.
You acknowledge and agree that Elicto may amend these Shipping Terms at any time by posting the relevant amended and restated Shipping Terms at https://www.Elicto.com/legal/terms-shipping-us, and such amendments to the Shipping Terms are effective as of the date of posting. Your continued use of the Shipping Service after the amended Shipping Terms are posted constitutes your agreement to, and acceptance of, the amended Shipping Terms. If you do not agree to any changes to the Shipping Terms, do not continue to use the Shipping Service.
The failure of Elicto to exercise or enforce any right or provision of these Shipping Terms shall not constitute a waiver of such right or provision.
If a court finds any portion of these Shipping Terms to be unenforceable or invalid, that portion of the Shipping Terms will be enforced to the fullest extent permitted by applicable law and the remainder of the Shipping Terms will remain valid and enforceable.
Questions about these Shipping Terms should be sent to shipping-support@Elicto.com.
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Carlstadt, NJ 07072