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Please read carefully the following terms and conditions before registering for
pickupostal. These terms and conditions ("terms and conditions") govern your
access to and use of pickupostal.com (pickupostal) and the pickupostal web site
generally, together with the services, applications, software, information and
content available through pickupostal. Pickupostal is available for your access
and use only on the condition that you agree to these terms and conditions. If
you do not agree to all of the terms and conditions, select the "decline"
button below. By selecting the "accept" button below, or by otherwise using or
accessing any of the services, applications, software, information and content
available through pickupostal, you, in your individual capacity, or your
employer ("you" or "your" or "yourself") signify your agreement with
pickupostal to be bound by these terms and conditions.
1. User eligibility.
Pickupostal, and the pickupostal web
site generally (collectively, "pickupostal"),
are provided by pickupostal and are
available only to legal entities and
persons over the age of legal majority
who can form legally binding agreement(s)
under applicable law. If you do not
qualify, you are not permitted to
register for and to use pickupostal.
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2. Scope of terms and conditions.
These terms and conditions govern your
access to and use of pickupostal and,
except to the extent they are subject to
a separate agreement, (a) all
applications, software and services
available through pickupostal
(collectively, "services") (b) all
content available through pickupostal,
including but not limited to, text,
graphics, data, images, software and
other material presented or otherwise
displayed through pickupostal
(collectively, "content") and (c) all
information and data ("information")
available through the pickupostal
computer and network systems and
services offered within pickupostal ("pickupostal
systems"). Specific terms or agreements
may apply to the use of certain
services, content, information and other
items provided to you via pickupostal
("ancillary agreement(s)"). Access to or
use of pickupostal, the pickupostal
systems, services, content or
information that is inconsistent with
these terms and conditions or the terms
and conditions of the ancillary
agreements, as applicable, is not
authorized.
3. Modifications.
Pickupostal may revise and update these
terms and conditions at any time. Your
continued usage of pickupostal will be
conditioned upon your agreement to the
revised terms and conditions.
Pickupostal may also establish or
change, at any time, general practices
and limits concerning products and
services provided through pickupostal in
its sole discretion. Pickupostal may
terminate, update, alter or supplement
any services, content or information
available through pickupostal at any
time.
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4. Pickupostal registration.
(a) registration information. In
consideration of your use of pickupostal,
you agree to: (i) provide true,
accurate, current and complete
registration information about yourself,
as prompted by pickupostal
("registration data") and (ii) maintain
and promptly update your registration
data if your details change at any time
to keep it accurate, current and
complete. Furthermore, you acknowledge
and agree that if you are not accessing
and using pickupostal in your individual
capacity and the employer identified in
your registration data changes at any
time, these terms and conditions shall
automatically terminate, and you shall
no longer be authorized to access and
use pickupostal, the services, the
content, the information and the
pickupostal systems.
(b) password. As part of the
registration process, you will select a
user id and password (collectively, the
"password"). Your password, which will
allow you to access pickupostal, the
services, content, information and
pickupostal systems, is the exclusive
property and confidential information of
pickupostal. The password is to be used
solely for your individual use of and
access to pickupostal, the services,
content, information and pickupostal
systems, and it shall not be used for
any other purpose. You are prohibited
from distributing, providing or
otherwise making available your password
to any third party, including addressees
of your packages. You are responsible
for all activities that occur under your
password. You agree to immediately
notify pickupostal of any unauthorized
use of your password. You may not use
the password of another pickupostal
registered user.
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5. Data.
(a) the pickupostal courier company in
your jurisdiction, whose name and
address may be found under ("contact
pickupostal" on the pickupostal web site
for your jurisdiction) ("pickupostal
delivery co."), collects, processes and
uses (i) personal data and information,
in connection with pick up and delivery
of packages in such jurisdiction
("delivery data"), (ii) registration
data, and (iii) data or information
otherwise provided by you in connection
with the services ("other data")
(delivery data, registration data and
other data, collectively, "data").
Pickupostal, 1125 lindero canyon road,
suite a8, po box 131, westlake village,
ca 91362 and other affiliated
pickupostal companies ("pickupostal
companies") receive data and use it for
the purposes identified in section (b)
below. "data" shall not include any
information input by you in your address
book.
Contact pickupostal
(b) the data is used for the following
purposes (the "purposes"): (i) to
provide or enhance the services
pickupostal companies make available to
shippers and addressees, (ii) to effect
and confirm delivery, (iii) to
communicate with you about additional
services you may find of value, (iv) to
satisfy the legitimate business
interests of pickupostal companies
(including performing trend analysis and
market studies, and price setting), (v)
to establish credit, (vi) to fulfill a
contract of carriage or ancillary
agreement, (vii) to perform billing
functions, (viii) to improve internal
operations, (ix) to manage inquiries or
claims, (x) to administer accounts, and
(xi) such other purposes that are
consistent with the pickupostal privacy
policy published on pickupostal"s web
site. The package recipient"s signature
and surname are also made available by
electronic means to the shipper and its
agents as proof of delivery.
Privacy policy
(c) the data may be provided to certain
recipients ("recipients"): (i) the
pickupostal companies, for the purposes
listed above, (ii) service providers of
the pickupostal companies, who use the
data in assisting pickupostal in
carrying out the purposes described
above; (iii) shippers and addressees
possessing the package tracking number
or passwords (with respect to those who
have contracted for value added
services), and (iv) government agencies
and authorities, including but not
limited to customs authorities, if
required by law.
(d) the data may be transferred to the
united states or other countries not
having the same level of data protection
as your country of origin or the country
of origin of the individuals to whom the
data relates, for the purposes
identified above. The individuals to
whom personally identifiable data
relates may have rights under applicable
law to access this information and to
rectify any inaccuracies (other than in
a completed shipping record).
(e) you represent and warrant to
pickupostal that when you or your
employees, agents or contractors
("shipper parties") provide pickupostal
with data, the shipper parties have the
right and authority to do so, and
further, that you or another shipper
party has notified the package addressee
that pickupostal will be processing data
relating to the addressee for the
purposes set forth above, that data
relating to the addressee may be
provided by pickupostal to the
recipients set forth above, and that
data relating to the addressee may be
transferred as set forth above.
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6. License and ownership.
Any and all intellectual property rights
("intellectual property") associated
with pickupostal and the services,
content and information are the sole
property of pickupostal, its affiliates
or third parties. Pickupostal grants you
a limited, personal, nontransferable,
nonsublicensable, revocable license to
(a) access and use only pickupostal, the
services, content, and information only
in the manner presented by pickupostal,
and (b) access and use the pickupostal
systems only in the manner expressly
permitted by pickupostal. Except for
this limited license, pickupostal does
not convey any interest in or rights to
the pickupostal systems, services,
content, information, pickupostal, or
any other pickupostal intellectual
property by permitting you to access
pickupostal. Except to the extent
required by law or as expressly provided
herein, none of the services, content
and/or information may be
reverse-engineered, modified,
reproduced, republished, translated into
any language or computer language,
re-transmitted in any form or by any
means, resold or redistributed without
the prior written consent of pickupostal.
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7. Restrictions on use of pickupostal.
In addition to other restrictions set
forth in these terms and conditions, you
agree that pickupostal is restricted to
bona fide customers of pickupostal, and
that:
(a) you will not disguise the origin of
information transmitted through
pickupostal.
(b) you will not provide false or
misleading information via pickupostal.
(c) you will not input or upload via
pickupostal any information which
contains viruses or other computer
programming routines or devices of any
type that are intended to damage,
interfere with, intercept or expropriate
any system, pickupostal, services,
content or information or that infringes
the intellectual property rights of
another.
(d) you will not use or access
pickupostal or the pickupostal systems,
services, content or information in any
way that adversely affects the
performance or function of the
pickupostal systems, services, content,
information or pickupostal, or
interferes with the ability of
authorized parties to access the
pickupostal systems, services, content,
information or pickupostal in the manner
presented by pickupostal.
(e) in all instances of pickupostal
where you are prompted to provide a
pickupostal account number, you will
provide only a pickupostal account
number for which you are responsible in
your individual capacity or a
pickupostal account number of the entity
on whose behalf you registered and with
whom you have an employment, not an
independent contractor, relationship.
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8. Access to shipping related systems and information.
Your use and access of the shipping
related systems and information are
subject to the following terms:
(a) the "shipping related systems" are
comprised of the pickupostal systems
that are used to provide tracking, time
in transit, drop off locator, address
validation and other functions and
information related to the shipment of
packages via pickupostal. The shipping
related systems and information gained
from such systems ("shipping
information") are to be used by you
solely in connection with packages
shipped by or to you or on your behalf
and for no other purpose.
(b) the shipping related systems and
shipping information are the private
property of pickupostal. Pickupostal
authorizes you to use tracking
functionality within the shipping
related systems solely to track
shipments tendered by or for you to
pickupostal for delivery and for no
other purpose. Without limitation, you
are not authorized to make the shipping
information available on any web site or
otherwise copy, distribute, store, use
or sell the shipping information for
commercial gain without the express
written consent of pickupostal. This is
a personal service, thus your right to
use the shipping related systems and
shipping information is non-assignable.
Any access or use that is inconsistent
with these terms is unauthorized and
strictly prohibited.
(c) any use in connection with the
shipping related systems of automated
inquiry devices, robots, or repetitive
data gathering and extraction tools,
routines, scripts or other mechanisms
with similar functionality is expressly
prohibited.
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9. Use of cookies.
A "cookie" is a small text file sent to
a user"s web browser for storage on the
user"s hard drive. Cookies can make use
of the internet easier by saving status
and preferences about a web site. Most
browsers are initially set to accept
cookies but users can change the setting
to refuse cookies or to be alerted when
cookies are being sent. Pickupostal
places a temporary or session cookie on
a user"s web browser when a user logs in
to pickupostal only to allow pickupostal
to identify a user moving within
pickupostal. These cookies are renewed
every time a user logs into pickupostal.
Pickupostal also places a cookie on a
user"s web browser at the time the user
enters the pickupostal global home page
only to allow the user to select a
country home page as the user"s default.
Unless deleted, the latter cookie
remains on the user"s computer after
termination of the session. In either
event, pickupostal does not collect
personal data by means of cookies.
Although rejection of cookies will not
interfere with the ability to interact
with most of the www.pickupostal web
site, users will need to accept cookies
in order to access the web site as a
logged-in user of pickupostal.
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10. Links.
(a) outbound links. Pickupostal may
contain links to third-party websites
and resources (collectively, "linked
sites"). These linked sites are provided
solely as a convenience to you and not
as an endorsement by pickupostal of the
content on such linked sites.
Pickupostal makes no representations or
warranties regarding the correctness,
accuracy, performance or quality of any
content, software, service or
application found at any linked site. If
you decide to access linked sites, you
do so at your own risk. In addition,
your use of linked sites is subject to
any applicable policies and terms and
conditions of use, including but not
limited to, the linked site"s privacy
policy.
(b) inbound links. Linking to any page
other than to http://www.pickupostal
through a plain text link is strictly
prohibited in the absence of a separate
linking agreement with pickupostal. Any
web site or other device that links to
http://www.pickupostal or any page
available therein is prohibited from (i)
replicating content or information, (ii)
using a browser or border environment
around the content or information, (iii)
implying in any fashion that pickupostal
or any of its affiliates are endorsing
it or its products, (iv) misrepresenting
any state of facts, including its
relationship with pickupostal or any of
its affiliates, (v) presenting false
information about pickupostal products
or services, and (vi) using any logo or
mark of pickupostal or any of its
affiliates without express written
permission from pickupostal.
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11. Submissions.
Pickupostal does not accept ideas,
concepts, or techniques for new services
or products through pickupostal
("comments"). If such comments are
received, you acknowledge that (a) they
will not be considered confidential or
proprietary, (b) pickupostal and its
affiliates are under no obligation to
keep such information confidential, and
(c) pickupostal will have an
unrestricted, irrevocable, world-wide,
royalty free right to use, communicate,
reproduce, publish, display, distribute
and exploit such comments in any manner
it chooses.
12. Termination.
You agree that pickupostal, in its sole
discretion, may terminate or suspend
your use of pickupostal, the pickupostal
systems, services, content and/or
information at any time and for any or
no reason or for breach of any provision
in these terms and conditions in its
sole discretion, even if access and use
continues to be allowed to others. Upon
such suspension or termination,
pickupostal may immediately deactivate
your password and you must immediately
upon notification (a) discontinue use of
pickupostal and the services, and (b)
destroy any copies you have made of any
portion of the content or information.
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13. Disclaimer of warranties.
Pickupostal, the pickupostal systems,
the services, the content and the
information are provided on an "as is"
basis. Pickupostal and its licensors and
suppliers, to the fullest extent
permitted by law, disclaim all
warranties, whether express, implied,
statutory or otherwise, including but
not limited to the implied warranties of
merchantability, non-infringement of
third parties" rights, and fitness for a
particular purpose. Pickupostal and its
affiliates, licensors and suppliers make
no representations or warranties about
the accuracy, completeness, security or
timeliness of the services, content or
information provided on or through the
use of pickupostal or the pickupostal
systems. No information obtained by you
via pickupostal and/or the services
shall create any warranty not expressly
stated by pickupostal in these terms and
conditions.
Some jurisdictions do not allow
limitations of implied warranties, so
the limitations and exclusions in this
section may not apply to you. If you are
dealing as a consumer, your statutory
rights that cannot be waived, if any,
are not affected by these provisions.
You agree and acknowledge that the
limitations and exclusions of liability
and warranty provided in these terms and
conditions are fair and reasonable.
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14. Limitation of liability.
To the extent permitted by law, in no
event shall pickupostal, or its
affiliates, licensors, suppliers or any
third parties mentioned at pickupostal
be liable for any incidental, indirect,
exemplary, punitive and consequential
damages, lost profits, or damages
resulting from lost data or business
interruption resulting from the use of
or inability to use pickupostal, the
pickupostal systems, services, content
or information whether based on
warranty, contract, tort, delict, or any
other legal theory, and whether or not
pickupostal is advised of the
possibility of such damages. Without
limiting the foregoing, to the extent
permitted by applicable law, you agree
that in no event shall pickupostal's
total liability for any damages (direct
or otherwise) or loss regardless of the
form of action or claim, whether in
contract, tort or otherwise, exceed
$100.00. To the extent permitted by law,
the remedies stated for you in these
terms and conditions are exclusive and
are limited to those expressly provided
for in these terms and conditions.
15. Indemnity.
You agree to indemnify and hold
pickupostal and its affiliates, and
their respective officers, directors,
employees, agents, licensors and
suppliers, harmless from and against any
claims, actions or demands, liabilities
and settlements including without
limitation, reasonable legal and
accounting fees, resulting from, or
alleged to result from, your use of
pickupostal, the pickupostal systems,
services, content, or information in a
manner that violates or is alleged to
violate these terms and conditions.
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16. Compliance with law including export control.
You agree to use pickupostal, the
pickupostal systems, services, content
and information in strict compliance
with all applicable laws, rulings and
regulations and in a fashion that does
not, in the sole judgment of pickupostal,
negatively reflect on the goodwill or
reputation of pickupostal and shall take
no actions which would cause pickupostal
to be in violation of any laws, rulings
or regulations applicable to pickupostal.
Pickupostal and pickupostal services are
based in the united states. The united
states and certain other jurisdictions
control the export of products and
information. You agree to comply with
all such applicable restrictions and not
to export or re-export the services
(including any software) or content to
countries or persons prohibited under
the united states or other applicable
export control laws or regulations. If
you access and download the services
(including any software), content or
information, you represent that you are
not in a country where such export is
prohibited or are not a person or entity
to which such export is prohibited. You
are solely responsible for compliance
with the laws of your local jurisdiction
and any other applicable laws regarding
the import, export, or re-export of the
services (including any software) and
content.
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17. Jurisdiction.
To the fullest extent permitted by law,
you hereby expressly agree that any
proceeding arising out of or relating to
your use of pickupostal, the pickupostal
systems, services, content and
information shall be instituted in a
state or federal court sitting in the
county of los angeles, state of
california, united states of america,
and you expressly waive any objection
that you may have now or hereafter to
the laying of the venue or to the
jurisdiction of any such proceeding. You
agree that any claim or cause of action
arising out of or related to your use of
pickupostal, the pickupostal systems,
services, content and/or information
must be filed within one (1) year after
such claim or cause of action arose.
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18. Governing law and language.
(a) to the fullest extent permitted by
law, these terms and conditions are
governed by the internal substantive
laws of the state of california, u.s.a.
excluding (i) california's conflicts of
laws principles; (ii) the united nations
convention on contracts for the
international sale of goods; (iii) the
1974 convention on the limitation period
in the international sale of goods; and
(iv) the protocol amending the 1974
convention, done at vienna april 11,
1980.
(b) to the fullest extent, permitted by
law, the controlling language for these
terms and conditions and all
correspondence and communications
between you and pickupostal under this
agreement is english. Any translation
has been provided for your convenience.
(c) you agree to the admissibility of
computer records and electronic evidence
in any dispute herein.
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19. General.
If any provision of these terms and
conditions is found to be invalid by any
court having competent jurisdiction, the
invalidity of such provision shall not
affect the validity of the remaining
provisions of these terms and
conditions, which shall remain in full
force and effect. No waiver of any of
these terms and conditions shall be
deemed a further or continuing waiver of
such term or condition or any other term
or condition. These terms and conditions
shall inure to the benefit of and be
binding on the parties hereto, and their
successors and assigns. These terms and
conditions may not be assigned by you
without the prior written consent of
pickupostal. Pickupostal may freely
assign any or all of its rights or
obligations under these terms and
conditions. Nothing in these terms and
conditions, express or implied, shall
confer on any person or entity other
than the parties hereto, and their
respective successors and permitted
assigns, any rights, remedies,
obligations or liabilities under or by
reason of these terms and conditions,
except that the pickupostal companies
are intended third party beneficiaries
of these terms and conditions.
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20. Written document.
You may preserve these terms and
conditions in written form by printing
them for your records, and you waive any
other requirement that these terms and
conditions be evidenced by a written
document.
21. Complete agreement.
Except as expressly provided in a
separate service or other written
agreement between you and pickupostal or
in the pickupostal service documentation
(as defined below), these terms and
conditions constitute the entire
agreement between you and pickupostal
with respect to the use of pickupostal
and the pickupostal systems, and any
services, content and information
contained therein, and supersede all
discussions, communications,
conversations and agreements concerning
the subject matter hereof.
Notwithstanding the foregoing, as to
each service, the specific terms of the
ancillary agreement shall control in the
event of a conflict between the terms of
the ancillary agreement and these terms
and conditions. For purposes of this
section, "pickupostal service
documentation" means (a) the pickupostal
rates and services in the u.s., or, in
other jurisdictions, the pickupostal
services and similar services or rate
documents and the terms and conditions
of service/carriage, all as may be
applicable to you, and (b) the
pickupostal source document. The "pickupostal
source document" means a document
provided by pickupostal for the purpose
of shipping a package via pickupostal.
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Notice:
consent to processing of data:
except as you choose to indicate
to the contrary in your registration
data with respect to direct marketing
(which preferences may be changed at any
time), you hereby consent to the
processing of your data for the purposes
as set forth in section 5 by the
pickupostal companies. You also agree
that where you are a package addressee
or recipient, you have received notice
of, and consent to, the processing and
use of your data as described in section
5.
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Waiver: european union notices.
To the fullest extent permitted by
law, if you are not dealing as a
consumer but you are located in a member
state of the european union, you waive
all notices, acknowledgements and
confirmations relative to contracting by
electronic means which may be required
under articles 10(1), 10(2), 11(1) and
11(2) of eu directive 2000/31/ec as
implemented in your jurisdiction in
respect of your use of pickupostal and
the services.
Questions and Suggestions
If you have questions or suggestions, please contact us at:
Pickupostal.com
Customer Care - Disclaimer Issues
Address Comes here.
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