You must read, agree with and accept all of the terms and conditions contained in these Shipping Terms before you begin to use Machine Starter Shipping.
You agree to use Machine Starter Shipping in accordance with all procedures that may be provided to you by Machine Starter from time to time. If you do not agree with these procedures then you should not use Machine Starter Shipping.
Machine Starter Shipping allows you access to purchase United States Postal Service (“USPS”) postage, Federal Express Shipping (“FedEx”), UPS Market Driver, Inc. (“UPS”) services and DHL Express (USA), Inc. (“DHL” and each of USPS, FedEx, UPS and DHL a “Carrier” and together the “Carriers”) services to assist you with fulfillment for your Machine Starter orders. You do not need to create Carrier accounts to use Machine Starter Shipping.
Machine Starter serves only as an intermediary between you and the applicable Carrier, allowing you to purchase services, postage and to print shipping labels (“Labels”). You are responsible for shipping to your customers. Machine Starter 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, 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.
Use of Machine Starter Shipping must be associated with Machine Starter 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 Machine Starter Shipping, use Machine Starter Shipping, or access Machine Starter Shipping without the express written permission of Machine Starter. You may not use Machine Starter Shipping for any illegal or unauthorized purpose. You may not, in the use of Machine Starter Shipping, violate any laws in your jurisdiction or the laws of Canada or the Province of Ontario.
Machine Starter 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 Machine Starter Shipping and are charged to Machine Starter by any competent authority, you agree to reimburse Machine Starter fully in respect of the same within 7 days of our demand.
MACHINE STARTER PROVIDES ACCESS TO MACHINE STARTER SHIPPING ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACHINE STARTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING MACHINE STARTER SHIPPING. MACHINE STARTER 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. MACHINE STARTER SHALL HAVE NO LIABILITY WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF MACHINE STARTER SHIPPING, 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 MACHINE STARTER SHIPPING. IN NO EVENT SHALL MACHINE STARTER’S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR MACHINE STARTER SHIPPING.
You agree to indemnify and hold Machine Starter and (as applicable) our parent, subsidiaries, affiliates, Machine Starter 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 Machine Starter Shipping, 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 Machine Starter Shipping.
Any use by you of Machine Starter Shipping 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.
Certain Machine Starter subscription plans allow you to connect your own UPS account with Machine Starter Shipping to offer your negotiated UPS rates and purchase labels using your own UPS rates in Machine Starter Shipping (“Your UPS Carrier Account”). If you add a UPS Carrier Account to Machine Starter Shipping, all fees, credits, refunds and charges using Your UPS Carrier Account will be between yourself and UPS. You are responsible to UPS for all purchases made using Your UPS Carrier Account. Rates surfaced in checkout and for label purchases when you use Your UPS Carrier Account are estimates only and may not accurately reflect the rates that you have obtained from UPS. Machine Starter is not responsible for the accuracy of rates at checkout or for label purchases where you use Your UPS Carrier Account. Machine Starter can assist in connecting Your UPS Carrier Account with Machine Starter Shipping, but Machine Starter is not responsible for support requirements that relate to Your UPS Carrier Account, please contact UPS if you have any questions or issues with Your USP Carrier Account.
You agree that you will pay the applicable fees for all purchases (other than those made through Your UPS Carrier Account which will be billed directly by UPS) completed through Machine Starter Shipping (the “Fees”). All Fees will be added to your next Machine Starter Shipping invoice. You are responsible for any applicable Taxes (as defined in the Machine Starter Terms of Service) associated with the Fees.
Machine Starter will, from time to time, charge your credit card for the aggregate Fees you have incurred on Machine Starter Shipping. 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 purchase any postage or services through Machine Starter Shipping, including Labels, until such Fees are paid.
You authorize Machine Starter to charge your credit card currently used to pay for your Account for any Fees incurred in relation to Machine Starter Shipping, 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 Machine Starter 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. Any credits or refunds applicable to Machine Starter Shipping (other than through Your UPS Carrier Account) will be applied to your Account and may only be applied to the purchase of other services or postage through Machine Starter Shipping.
For Labels purchased through Machine Starter Shipping (other than through Your UPS Carrier Account), the associated shipment 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 does not accurately reflect, 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 Machine Starter administration console (not applicable to adjustments on Your UPS Carrier Account).
If a shipment is determined to be undeliverable by a Carrier you may be contacted by email to determine whether to have the shipment returned or abandoned. You are responsible for all Fees associated with returned or abandoned shipments, regardless of whether you have approved the return or abandonment of the shipment.
Machine Starter reserves the right to modify, suspend or terminate Machine Starter Shipping or your ability to use Machine Starter Shipping 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 Machine Starter may amend these Shipping Terms at any time by posting the relevant amended and restated Shipping Terms at https://www.Machine Starter.com, and such amendments to the Shipping Terms are effective as of the date of posting. Your continued use of Machine Starter Shipping 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 Machine Starter 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 mailto:[email protected] Starter.com
Machine Starter LLC.
335 East Louisiana Street
McKinney, TX 75069