Section 1. Acceptance of Terms
1.1. 3P Shipping provides its Service (as defined below) to you, subject to this Terms of Service Agreement (“TOS”). By accepting this TOS or by accessing or using the Services or our website located at https://3pshipping.net/ (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business, or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
1.2. We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do so, we will post the changes on this page and indicate at the top of the page the date these terms were last revised. We will also notify you, either through the Services user interface, by email, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except for changes addressing new features of the Services or changes made for legal reasons, which will become effective immediately. Your continued use of the Service after the effective date of any such changes constitutes your acceptance of the revised TOS.
1.3. You may be required to register with 3P Shipping in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as requested in the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years of age, you may use the Service, with or without registering, only with the approval of your parent or legal guardian.
1.4. You are responsible for maintaining the confidentiality of your password and account, if applicable, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify 3P Shipping of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you log out of your account at the end of each session when accessing the Service. 3P Shipping will not be liable for any loss or damage arising from your failure to comply with this section.
1.5. In addition, when using certain Services, you may be subject to additional terms applicable to those Services, which may be posted from time to time, including, without limitation, the Privacy Policy located at https://3pshipping.net/terms-conditions/. All such terms are incorporated into this TOS by reference.
Section 2. Description of Service
Description of Service. The “Service” includes: (a) the Site; (b) 3P Shipping’s packaging and shipping services; and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, videos, and content made available through any of the foregoing (collectively, the “Content”). Any new features added to or enhancing the Service are also subject to this TOS.
Section 3. Mobile Services
Mobile Services. The Service includes certain services that are available via a mobile device, including:
(i) the ability to upload content to the Service via a mobile device;
(ii) the ability to browse the Service and the Site from a mobile device; and
(iii) the ability to access certain features through an application downloaded and installed on a mobile device
(collectively, the “Mobile Services”).
To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that we may communicate with you regarding 3P Shipping and other entities by SMS, MMS, text message, or other electronic means to your mobile device, and that certain information about your use of the Mobile Services may be communicated to us.
If you change or deactivate your mobile telephone number, you agree to promptly update your 3P Shipping account information to ensure that your messages are not sent to the person who acquires your former number.
Section 4. General Conditions / Access and Use of the Service
4.1. Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. Your use of the Service is also subject to 3P Shipping’s Service Guide, available by emailing info@3pshipping.net, which is incorporated by reference into this TOS. All rights, title, and interest in and to the Service and its components remain the exclusive property of 3P Shipping.
You shall not:
(a) sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise make the Service available to any third party, except as set forth in Section 11;
(b) use the Service in any unlawful manner (including, without limitation, in violation of any data protection, privacy, or export control laws), or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or otherwise violates our Acceptable Use Policy (“AUP”); or
(c) modify, adapt, or hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
You shall comply with any codes of conduct, policies, or other notices that 3P Shipping provides or publishes in connection with the Service, and you shall promptly notify 3P Shipping if you become aware of any security breach related to the Service.
4.2. You may not tender for shipment any prohibited items listed in 3P Shipping’s Service Guide, including, but not limited to, alcoholic beverages, firearms, hazardous materials, tobacco products, or any other items prohibited by law. Such items will not be accepted.
We may inspect your shipment at any time and may permit government authorities to carry out such inspections as they consider appropriate. We may also photograph items in your shipment for our internal use in providing the Services.
We reserve the right to reject or suspend the carriage of any prohibited item or any shipment containing materials that may damage other shipments or pose a risk to our equipment, employees, or service providers.
4.3. In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you agree to comply with 3P Shipping’s Acceptable Use Policy (“AUP”), as described in this section.
You will not use the Service to (or assist another person in using the Service to):
Upload any content that:
(i) infringes any intellectual property or other proprietary rights of any party;
(ii) you do not have the right to upload under any law or contractual or fiduciary obligation;
(iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(iv) poses or creates a privacy or security risk to any person;
(v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable; or
(vi) is, in the sole judgment of 3P Shipping, objectionable or restricts or inhibits any other person from using or enjoying the Service, or may expose 3P Shipping or its users to any harm or liability.
Interfere with or disrupt the Service or any servers or networks connected to the Service, or violate any requirements, procedures, policies, or regulations of networks connected to the Service.
Violate any applicable local, state, national, or international law or regulation having the force of law.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.
4.4. Any software that may be made available by 3P Shipping in connection with the Service, including, without limitation, bookmarklets or plug-ins (“Software”), contains proprietary and confidential information protected by applicable intellectual property and other laws.
Subject to the terms and conditions of this TOS, 3P Shipping grants you a non-transferable, non-sublicensable, and non-exclusive license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not permit any third party to):
You agree not to access the Service by any means other than through the interface provided by 3P Shipping for accessing the Service. Any rights not expressly granted herein are reserved, and no license or right to use any trademark of 3P Shipping or any third party is granted to you in connection with the Service.
4.5. You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, transmit, or store (collectively, “post”) in connection with or relating to the Service (“Your Content”).
You are responsible for maintaining the confidentiality of your login credentials, password, and account, and for all activities that occur under your login or account.
3P Shipping reserves the right to access your account in order to respond to your requests for technical support.
By posting Your Content on or through the Service, you grant 3P Shipping a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content in connection with the Service and to improve 3P Shipping’s products and services, subject to the terms and conditions of this TOS and our Privacy Policy.
4.6. You understand that the operation of the Service, including Your Content, may be unencrypted and may involve:
(a) transmissions over various networks;
(b) changes necessary to conform and adapt to the technical requirements of connecting networks or devices; and
(c) transmission to 3P Shipping’s third-party vendors and hosting partners to provide the hardware, software, networking, storage, and related technology necessary to operate and maintain the Service.
Accordingly, you acknowledge that you bear sole responsibility for the adequate security, protection, and backup of Your Content.
3P Shipping shall have no liability for any unauthorized access to or use of Your Content, or for any corruption, deletion, destruction, or loss of Your Content.
4.7. You are responsible for obtaining and maintaining any equipment and ancillary services required to connect to, access, or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating systems, networking, web servers, and Internet services (collectively, the “Equipment”).
You are responsible for ensuring that such Equipment is compatible with the Services (and, where applicable, the Software) and complies with all configurations and specifications set forth in 3P Shipping’s published policies then in effect.
You are also responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords), and files, as well as for all uses of your account or the Equipment, whether or not authorized by you.
4.8. The failure of 3P Shipping to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision.
You acknowledge that this TOS constitutes a legally binding agreement between you and 3P Shipping, even though it is electronic and not physically signed by either party. This TOS governs your use of the Service and supersedes all prior agreements between you and 3P Shipping relating to the Service.
4.9. Subject to the terms of this TOS, 3P Shipping may, but is under no obligation to, provide technical support services by email in accordance with its standard support practices.
Section 5. Payment
5.1. To the extent that the Service, or any portion thereof, is made available for a fee, you will be required to provide 3P Shipping with information regarding your credit card or other payment method. You represent and warrant that such information is accurate and that you are authorized to use the payment method provided.
You agree to promptly update your account information whenever changes occur (for example, a change in your billing address or credit card expiration date).
When you arrange for a shipment, all charges for the shipment, along with any additional fees payable to 3P Shipping (“Charges”), will be billed to the credit card or other payment method associated with your account.
You hereby authorize 3P Shipping to charge your payment method for all Charges in accordance with this TOS.
Unless otherwise agreed by the parties, all Charges, fees, and surcharges shall be those in effect at the time of shipment and made available by email, on the Site, or through the application.
Applicable Charges will be based on the actual characteristics of the shipment tendered to us.
If you dispute any Charges, you must notify 3P Shipping within sixty (60) days after the date your payment method is charged.
We reserve the right to modify our rates at any time. If rates are changed, the updated rates will be posted on the Service and become effective as of the posting date.
Your continued use of the Service after the effective date of any price change constitutes your agreement to pay the revised Charges.
You are responsible for all taxes associated with the Services, except for U.S. taxes based on 3P Shipping’s net income.
5.2. Shippers are responsible for providing accurate and complete shipment information to 3P Shipping, including the selected service, the number, weight, and dimensions of each shipment.
If any shipment information is incomplete or inaccurate, as determined by 3P Shipping in its sole discretion, 3P Shipping reserves the right to adjust the applicable Charges at any time.
Section 6. Apple-Enabled Software Applications
6. 3P Shipping offers Software applications intended for use in connection with products commercially available from Apple Inc. (“Apple”), among other platforms.
With respect to Software made available for use in connection with an Apple-branded product (“Apple-Enabled Software”), the following additional terms and conditions apply, in addition to the other provisions of this TOS.
3P Shipping and you acknowledge that this TOS is entered into solely between you and 3P Shipping, and not with Apple. As between Apple and 3P Shipping, 3P Shipping is solely responsible for the Apple-Enabled Software and its content.
You may not use the Apple-Enabled Software in any manner that violates or is inconsistent with the Usage Rules applicable to Apple-Enabled Software, as set forth in the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license for use on an iOS product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law.
If the Apple-Enabled Software fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, paid for the Apple-Enabled Software.
To the maximum extent permitted by applicable law, Apple has no further warranty obligations with respect to the Apple-Enabled Software. Any other claims, losses, liabilities, damages, costs, or expenses arising from a failure to conform to a warranty remain the sole responsibility of 3P Shipping, to the extent such responsibility cannot be disclaimed under applicable law.
3P Shipping, and not Apple, is responsible for addressing any claims made by you or any third party relating to the Apple-Enabled Software or your possession or use of the Apple-Enabled Software, including:
(i) product liability claims;
(ii) claims that the Apple-Enabled Software fails to comply with any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
In the event of any third-party claim that the Apple-Enabled Software, or your possession or use of it, infringes the intellectual property rights of a third party, 3P Shipping, and not Apple, shall be solely responsible for the investigation, defense, settlement, and resolution of such claim.
You represent and warrant that:
(i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a country supporting terrorism; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims regarding the Apple-Enabled Software, please contact:
3P Shipping
Attn: Support
1204 Broadway, 2nd Floor
New York, NY 10001
Email: info@3pshipping.net
Third-Party Beneficiary
3P Shipping and you acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this TOS with respect to the Apple-Enabled Software. Upon your acceptance of this TOS, Apple shall have the right to enforce this TOS against you as a third-party beneficiary.
Section 7. Social Networking Services
You may enable or log in to the Service through various third-party online services, including social media and social networking platforms such as Facebook or Twitter (“Social Networking Services”).
By logging in through or integrating these Social Networking Services with the Service, your online experience may become more personalized and convenient.
To use these features, we may ask you to authenticate, register for, or log in to the applicable Social Networking Services through their respective websites.
As part of this integration, the Social Networking Services may provide us with access to certain information that you have shared with them. We will use, store, and disclose such information in accordance with our Privacy Policy.
For more information regarding the implications of enabling these Social Networking Services and 3P Shipping’s collection, use, storage, and disclosure of information related to your use of such services (including your friend lists and similar information), please refer to our Privacy Policy.
Please note that the manner in which Social Networking Services collect, use, store, and disclose your information is governed solely by the privacy policies of those third parties. 3P Shipping is not responsible for the privacy practices or other actions of any third-party website or service that may be integrated with the Service.
Third-Party Content
In addition, 3P Shipping is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available through any Social Networking Services.
Accordingly, 3P Shipping shall not be liable for any loss or damage arising from or related to your use of, or reliance upon, any Social Networking Services.
These integrations are provided solely as a convenience. Their availability or inclusion does not constitute an endorsement or recommendation by 3P Shipping.
Section 8. Representations and Warranties
You represent and warrant to 3P Shipping that:
(i) you have full power and authority to enter into this TOS;
(ii) you own all of Your Content or have obtained all necessary rights, licenses, consents, and permissions to grant the rights described in this TOS;
(iii) Your Content and your use of the Service do not and will not violate any applicable law, regulation, or the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights;
(iv) all information you provide to 3P Shipping is true, accurate, current, and complete; and
(v) you will comply with all applicable laws, regulations, and this TOS in connection with your use of the Service.
You further represent and warrant that you will not:
You acknowledge that any breach of the representations and warranties contained in this Section may result in the immediate suspension or termination of your account, in addition to any other rights or remedies available to 3P Shipping under this TOS or applicable law.
Section 9. Termination
9.1. Unless otherwise agreed in writing, either party may terminate this TOS or your access to the Service at any time.
3P Shipping may suspend or terminate your account immediately, with or without notice, if it reasonably believes that:
(i) you have violated this TOS;
(ii) your use of the Service may expose 3P Shipping or any third party to liability;
(iii) your use of the Service is fraudulent, unlawful, or otherwise harmful; or
(iv) termination is required to comply with applicable law or a governmental request.
9.2. Upon termination of your account or this TOS:
9.3. Termination of this TOS shall not affect any rights, obligations, or liabilities that accrued prior to the effective date of termination.
9.4. 3P Shipping shall not be liable to you or any third party for any suspension or termination of your access to the Service in accordance with this TOS.