1. Acceptance of Terms of Service
1.1 These terms of service provide the terms and conditions provides to the customers access to proprietary EcomSend app and related interfaces.
1.3 As used in this Agreement, "you" and "your" refers to you, the person or entity accessing the Services; "we" means ( and "us", "our", "ours" and "ourselves" refer to) EcomSend; and "party" or "parties" refers to both you and us. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
1.4 Your access to and use of the Services is subject to legally binding terms and conditions. Please read all the following terms and conditions carefully before you proceed. Access to or use of the Services is tantamount to your signature indicating that you accept and intend to be legally bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Services.
1.5 EcomSend reserves the right to update and change the Terms of Service by posting updates and changes to the EcomSend website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
1.6 You may not assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement, without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void.
2. Use of Service and Code of Conduct
2.1 You agree NOT to use the Service (and it shall be a violation of these Terms of Service) to:
(a) Upload or share any content in violation of any third party's rights to that content; (b) Upload any content that is harmful, hateful, harassing, threatening, or abusive; that would violate another's rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national or international law; (c) Upload any content that exceeds the scope of your rights to use such content or which you do not have a right to upload from the content owner; (d) Post, upload or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," " spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) Interfere with any other user's right to privacy; (g) Impersonate any person or entity; (h) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (i) Violate any applicable local, state, national, or international laws; (j) Harass or "stalk" another individual; or (k) Collect or store personal data about other users, (l) Authorize, aid, or encourage anyone to do anything in violation of this Terms of Service. 2.2 In using the Service, you may access content that is uploaded by other users, such as information in our directories, message boards, search results, and other parts of the Service. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. Uploaded content is the sole responsibility of the person who uploaded it. We do not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such content and disclaims all liability for such content for any loss or damage incurred as a result of the use of such content. By using the Service, you agree to bear all risks associated with the use of any content on the Service and any reliance on the accuracy, completeness, or usefulness of such content.
2.3 You promise not to perform any malicious activities to the computer of EcomSend by opening API. You are responsible for compliance with the provisions of these Terms by Agents and End-Users and for any and all activities that occur under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations.
We do not pre-screen, edit or review all content made publicly available to areas of the Service. We have the right (but not the obligation) in our sole discretion, to remove, move, change from public to private, or otherwise restrict any uploaded content at any time, with or without notice.
3. Usage of the App
3.1 In order to access and use EcomSend, you are responsible at your own expense for obtaining internet access, and any applicable hardware and software required.
3.2 We reserve the right at any time and from time to time to modify or discontinue the operation, support, and service of the App, with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the App.
4. Intellectual Property Rights
4.1 All materials displayed or otherwise accessible on or through the Services, including source code ("Our Content"), and the selection and arrangement of Our Content, are protected by copyright, pursuant to copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content.
4.2 All contents included in or made available through any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are the property of EcomSend; its affiliates or its content suppliers are protected by copyright laws. The compilation of all content included in or made available through any Service is the exclusive property of EcomSend and protected by copyright laws.
5. Invoice and Payments
5.1 Unless otherwise indicated, the sale is finalized when you purchase the Service. When you make a payment, you confirm that you are entitled to use the method which you have used to make the payment.
5.2 All payments to EcomSend do not include applicable sales, goods and services, harmonized, or any other taxes or fees, which may be charged by governmental authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility.
5.3 You agree to indemnify and hold harmless EcomSend and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns (collectively, its "Others"), against any chargeback costs (plus any taxes or related fees) which we are required to pay, as a result of a payment dispute with you or in relation to a payment you have made to us for the Services.
5.4 In the event that you are billed directly by us, in most cases, you will be billed in advance of your payment period, typically monthly. In some cases, such as for overages, you may be billed in the month after the overages incurred. You must make all payments, without any setoff or deduction for any reason, within fifteen (15) days of the date of your invoice in a manner determined by us in our sole discretion. For payments made by credit card, you hereby authorize EcomSend to charge your credit card on your invoice date until this Agreement is terminated. All payments are made payable in USD (United States Dollars).
We may terminate your account in whole or part, or remove or discard any content you may have uploaded at any time, for any reason, with or without notice.
We reserve the right to terminate your access to the Service at any time or deactivate and/or delete your account and all information in your account at any time, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to the Service or any loss or deletion of your uploaded content.
7. Warranty Disclaimer
You expressly agree to use the Site at your own risk. Neither EcomSend nor its subsidiaries or affiliates warrant that use of the Site will be uninterrupted, safe, viral-free or error-free, nor that
(a) the content is wrong, incorrect or inaccurate; (b) personal injury or property damage caused by your access to or use of the Services; (c) unauthorized access to or use of tracking more servers or any personal or financial information; (d) any interruption to or from the Service; (e) any computer viruses or malicious code that may be spread on or through the Service; Or (f) loss or damage of any kind arising from the use of any function or content posted, e-mailed, transmitted or otherwise provided on or through the Services. As permitted by applicable law, EcomSend hereby disclaims any and all representations, warranties and conditions, whether express, implied, or statutory site or the content of operation, the user content or other information contained in the website or other available programs access or through the site, including but not limited to, ownership, not tort, do not interference, marketability, fit and suitable for some A particular purpose and a warranty implied from the performance or transaction.
8. Limitation of Liability
EcomSend is a third-party package tracking solution provider where users own logistics tracking information. When a user requests EcomSend's services, EcomSend will be authorized to obtain the logistics information of the tracking number owned by the user. To the maximum extent permitted by applicable law, tracking additional entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profit or revenue arising directly or indirectly, or any loss of data, use, goodwill or other intangible damages. Because
(I) you access or use or are unable to access or use the Services; (ii) any conduct or content of any third party on the Services, including but not limited to any defamatory, offensive or illegal conduct by other users or third parties; (iii) any content obtained from the Services; Or (iv) unauthorized access to, use or alteration of your transmission or content. In no event shall the total liability for tracking additional entities exceed $100 (U.S. $100.00) or the additional amount, if any, you have paid for tracking in the past 6 months for the services that gave rise to the claim. The limitations of this paragraph shall apply to any theory of liability, whether based on warranties, contracts, regulations, torts (including negligence) or otherwise, whether or not additional entities have been informed of the possibility of any such harm, and even if the remedies provided herein are found to have failed to achieve their essential purpose.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms Of Service, or your violation of any rights of another.
10. Force Majeure
(a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) labor strikes; (d) error or disruption to major computer hardware or networks or software failures; or (e) other causes beyond the reasonable control of EcomSend.
11. Applicable Law
This website is controlled and managed by EcomSend and applicable for the laws and regulations of the People's Republic of China. Any disputes caused by the TOS or services provided by EcomSend shall be appealed to the court where the company locates.
We may revise these Terms from time to time without prior notice. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. EcomSend’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and EcomSend which is owned by EcomSend. If you have any questions about these Terms, please contact us at [email protected].