1. Acceptance of Terms.
1.2. We reserve the right, at our sole discretion, to change or modify portions of this TOU at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOU.
1.4. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SendPadii of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SendPadii will not be liable for any loss or damage arising from your failure to comply with this Section.
2. Description of Service. The (Service) includes (a) the Site, (b) SendPadii packaging and delivery/shipping services, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the (Content)). Any new features added to or augmenting the Service are also subject to this TOU.
3. 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 you access the Service through a mobile device, your network providers 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 network provider, 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 SendPadii and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your SendPadii account information to ensure that your messages are not sent to the person that acquires your old number.
4. Access and Use of the Service. 4.1. Subject to the terms and conditions of this TOU, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to SendPadii. You shall not; (a) Sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party. (b) Use the Service in any unlawful manner (including without limitation in violation of any data, 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 AUP (as defined below), or (c) Modify, adapt or hack the Service to, 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 SendPadii provides you or publishes in connection with the Service, and you shall promptly notify SendPadii if you learn of a security breach related to the Service.
4.2. You may not tender for shipment any of the prohibited items listed in SendPadii Service Guide.
4.3. In addition to (and without limiting the generality of) the other terms and conditions of this TOU, you hereby agree to comply with SendPadii acceptable use policy (AUP), as described in this section. You will not use the Service to (or assist another person to): a) Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or 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, libellous, invasive of another privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of SendPadii, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SendPadii or its users to any harm or liability of any type; b) 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; or c) Violate any applicable national or international law, or any regulations having the force of law; d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or e) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
4.4. Any software that may be made available by SendPadii in connection with the Service, including without limitation the bookmarks or plug-ins, (Software) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOU, SendPadii hereby grants you a non-transferable, non-sub licensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by SendPadii for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of SendPadii or any third party is granted to you in connection with the Service
4.5. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, (Equipment)). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in SendPadii published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
4.6. The failure of SendPadii to exercise or enforce any right or provision of this TOU shall not be a waiver of that right. You acknowledge that this TOU is a contract between you and SendPadii, even though it is electronic and is not physically signed by you and SendPadii, and it governs your use of the Service and takes the place of any prior agreements between you and SendPadii.
4.7. Subject to the terms hereof, SendPadii may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
5.1. To the extent the Service or any portion thereof is made available for any fee, you may be required to or directed to a third service provider where you are required to provide information regarding your payment card or other payment instrument. You represent and warrant to SendPadii that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or payment card expiration date) that may occur. When you arrange for order pickup, all charges for the pickup and delivery, and any additional fees payable to SendPadii (Charges) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize SendPadii to bill your payment instrument for Charges in accordance with this TOU. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be those in effect at the time of shipping, available either via email, on the Site or in-app. The applicable Charges will be based upon the characteristics of the shipment actually tendered to us. If you dispute any Charges you must let SendPadii know within thirty (30) days after the date that SendPadii bills your payment instrument. We reserve the right to change SendPadii rates. If SendPadii does change any of its rates, SendPadii will post the new rates to the Service, effective as of the posting date. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services.
5.2. Users are responsible for providing accurate and complete delivery information to SendPadii, including service selected, number of orders. If any aspect of the delivery information is incomplete or incorrect as determined by SendPadii in its sole discretion, SendPadii may adjust Charges at any time.
6. Representations and Warranties. You represent and warrant to SendPadii that (i) you have full power and authority to enter into this TOU; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow SendPadii to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and SendPadii exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) you are eighteen (18) years of age or older.
7. Termination. You have the right to terminate your account at any time by sending a cancellation request to firstname.lastname@example.org. Subject to earlier termination as provided below, SendPadii may terminate your Account and this TOU at any time by providing thirty (30) days prior notice to the administrative email address associated with your Account. In addition to any other remedies we may have, SendPadii may also terminate this TOU upon thirty (30) days notice (or ten (10) days in the case of non-payment), if you breach any of the terms or conditions of this TOU. Also, SendPadii may terminate this TOU immediately without notice if you violate any provision of the AUP, as determined in SendPadii sole reasonable discretion. SendPadii reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Except as provided above, upon any termination of your account, SendPadii may store all of Your Content on the Service (if any), or it may be permanently deleted by SendPadii, in its sole discretion. If SendPadii terminates your account without cause and you have signed up for a fee-bearing service, SendPadii will refund the pro-rated, unearned portion of any amount that you have prepaid to SendPadii for such Service. However, all accrued rights to payment and the terms of Sections 4-12 shall survive termination of this TOU.
8. DISCLAIMER OF WARRANTIES. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by SendPadii or by third-party providers, or because of other causes beyond our reasonable control, but SendPadii shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE, SOFTWARE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN (AS IS) AND (AS AVAILABLE) BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND SENDPADII EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SENDPADII DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SOFTWARE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SENDPADII OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
9. LIMITATION OF LIABILITY.
9.1. EXCEPT AS PROVIDED IN SECTION 13, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL SENDPADII BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE LAST MONTH PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR, IF NO FEES APPLY. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOU BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOU.
10. Indemnification. You shall defend, indemnify, and hold harmless SendPadii from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOU, any of Your Content, or your other access, contribution to, use or misuse of the Service. SendPadii shall provide notice to you of any such claim, suit or demand. SendPadii reserves the right to assume the exclusive defence and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SendPadii defence of such matter.
11. Reimbursement. Subject to the terms below, SendPadii will reimburse you for actual loss of or damage to any of your fabrics while in SendPadii Possession (as defined below) up to a maximum reimbursement of the fabric worth or, if less, the maximum amount permitted by applicable law or regulation. However, for clarity, any reimbursement hereunder may not exceed the total value of the original fabric. For purposes hereof, an item shall be deemed to be in (SendPadii Possession) from the point SendPadii collects the item from you until the item reaches the end destination and where applicable, collected and returned to you. If a shipment is lost or damaged while in SendPadii Possession, you may file a claim with SendPadii for reimbursement. All claims must be initiated within 30 days of the delivery date by contacting us at email@example.com. The original digital receipt of the fabric and an image or photograph of the damaged item may be required when filing a claim. If the recipient accepts the fabric/s without noting any damage on the delivery record, we will assume the fabric was delivered in good condition. In order for us to consider a claim for damage, the contents, original delivery condition, and packing must be available to us for inspection. Written documentation (such as the digital receipt/preference leaflet) supporting the amount of a claim will also be required. All supporting documentation must be submitted within 30 days of claim initiation (60 days of mailing date) of the mailing date.
12. Arbitration. At SendPadii or your election, all disputes, claims, or controversies arising out of or relating to the TOU or the Service that are not resolved by mutual agreement may be resolved by binding arbitration.
13. Assignment. You may not assign this TOU without the prior written consent of SendPadii, in which case, SendPadii may charge a transfer fee. SendPadii may assign or transfer this TOU, in whole or in part, without restriction.
14. Miscellaneous. If any provision of this TOU is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOU will otherwise remain in full force and effect and enforceable. Both parties agree that this TOU is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOU, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind SendPadii in any respect whatsoever. In any action or proceeding to enforce rights under this TOU, the prevailing party will be entitled to recover costs and attorneys fees. All notices under this TOU will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
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