TERMS OF SERVICE (TOS)
PAKKAGE INC., located at 712 West Main St, Mandan, ND 58554, (hereinafter called "PAKKAGE", the "services", "us", "we" or "our" which terms shall include successors and assigns) on the other Part.
TERMS AND CONDITIONS
These terms and conditions govern the access or use by you (the "Sender", "Driver", “Receiver” or the "HUB") of PAKKAGE, INC.'s services, products, website, logo and application made available in the United States and its territories by and in possession of PAKKAGE, Inc. PAKKAGE, INC., IS THE SUBSIDIARY COMPANY OF ZOOVIO, INC. By signing this contract or using Pakkage services, website or mobile applications, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not sign or use the services. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
PAKKAGE may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
PAKKAGE reserves the right to amend the Terms related to the Services, Website, or Mobile Applications from time to time and without prior notice. Amendments will be effective upon PAKKAGE's posting of such updated Terms on the Site, via the Website and Mobile Applications or otherwise provide you with notice of the modification. Your continued access or use of any Services after such posting or after receiving notice of a modification constitutes your consent to be bound by the Terms as amended.
PAKKAGE provides an online platform that enables users of PAKKAGE's services to send, deliver, and receive packages with the intent of providing same day, but not gauranteed delivery . This service is subject to, but not limited to, weather, distance between the originating Hub and the final destination Hub, as well as contingent on availability of Drivers who will act as, an independent contractor (Carrier), individual or company, engaged in providing services according to the contractual agreement between the Carrier and PAKKAGE.
Unless otherwise agreed by PAKKAGE in a separate written agreement with you, the Services are made available solely for your personal use. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
YOU ACKNOWLEDGE THAT PAKKAGE DOES NOT PROVIDE MAIL OR DELIVERY SERVICES OR FUNCTION AS A SHIPPING CARRIER. THE SITE, APPLICATIONS AND SERVICES COMPRISE THE ONLINE PLATFORM THROUGH WHICH INDIVIDUALS OR COMPANIES CAN USE INDEPENDENT DRIVERS TO ACT AS CARRIERS OF THEIR PACKAGES.
Driver - an individual who completes PAKKAGE's Account Registration, is approved by PAKKAGE, and engages in the transportation of packages as defined under the contractual agreement between PAKKAGE and the Driver.
Hub - a location, generally a 24-hour convenience store, authorized by PAKKAGE that will be used to drop off and pick up packages.
Sender – an individual who completes PAKKAGE's Account Registration Process, and engages in the sending of packages, as defined under the contractual agreement between PAKKAGE and the Sender.
Receiver - an individual who completes PAKKAGE's Account Registration Process and engages in the receiving of packages as defined under the contractual agreement between PAKKAGE and the Receiver.
Package - a box up to 1,050 cubic inches. It cannot exceed 30 inches in length and the weight limit shall not exceed 40 lbs.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
By accessing or using the Site, Application or Services you represent and warrant that you meet the minimum age requirements for Federal, State, and Local laws for content in packages.
The PAKKAGE platform, applications, and services use uniquely generated “Short Codes” generated and assigned for each parcel. The “Short Code” provides a digital record of parcel possession throughout the lifecycle of the shipment. A unique quick response code (Q/R) is assigned to each Hub for a digital exchange of possession. The combination of the “Short Code” and Q/R code provides a tracked digital signature for Sender, Driver, Hub, and Receiver. The Sender, Driver, Hub and Receiver agree that the “Short Code” and Q/R code represents their digital signature. This Agreement, any other document necessary for the consummation of the transaction contemplated by this Agreement may be accepted, executed or agreed to through the use of an electronic signature in accordance with the Electronic Signatures in Global and National Commerce Act ("E-Sign Act"), Title 15, United States Code, Sections 7001 et seq., the Uniform Electronic Transaction Act ("UETA") and any applicable state law. Any document accepted, executed or agreed to in conformity with such laws will be binding on each party as if it were physically executed.
PAKKAGE respects the intellectual property of others and takes the protection of intellectual property very seriously. The Services, Site and Application and all the components that comprise the online platform of PAKKAGE are and shall remain PAKKAGE's property. Neither these Terms nor your use of the Services convey or grant to you any rights to change, remove, transfer, distribute, license, sublicense or alter the company services, logos, collective content, trademark of services or other proprietary notices as contained in the Site and Application. No PAKKAGE Service, nor any part of a PAKKAGE Service, may be sold, resold, reproduced, duplicated, copied, or exploited for any commercial purpose without express written consent of PAKKAGE. You may not misuse any PAKKAGE Services. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
THIRD PARTY SERVICES AND CONTENT
PAKKAGE does not endorse such third-party services and content, unless specifically stated otherwise in this agreement, and in no event shall we be responsible or liable for any products or services of such third-party providers. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using a third-party is subject to terms set forth in the applicable third-party beneficiary's terms of service.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PAKKAGE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGE, OR LOSS OF PACKAGE, OR OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH USE OF OUR SERVICES EXCEEDING THE $75.00 COVERAGE THAT WILL AUTOMATICALLY COME WITH EVERY PACKAGE THAT WILL BE SHIPPED THROUGH PAKKAGE’S APPLICATION OR SITE. WE WILL PROVIDE YOU THE OPTION TO PURCHASE INSURANCE IN ADDITION TO THE $75.00 INSURANCE THAT AUTOMATICALLY COMES WITH USING PAKKAGE SERVICES.
PAKKAGE DOES NOT CONDUCT SCREENING OR BACKGROUND CHECKS ON ANY USER WHO USES OUR APPLICATIONS OR SERVICES, ALTHOUGH PAKKAGE RESERVES THE RIGHT TO DO SO. USERS ARE AT THEIR OWN RISK WHEN INITIATING AN INTERACTION BETWEEN USERS, WHETHER OR NOT PAKKAGE CONDUCTS BACKGROUND CHECKS.
Still, PAKKAGE reserves the right to begin screening users and conduct background checks on Users at any time as it sees fit, including but not limited to verification of identities, criminal and other background checks (at the Country, State and local level as deemed necessary or appropriate). Despite the screening process used by PAKKAGE, each user is advised to use good judgment, common sense and exercise caution when interacting with other users.
PAKKAGE commits to offer each Sender automatic insurance up to $75.00 of the declared value per package to protect for losses or damages arising from theft or negligence from the Driver or the Hub under the provision that the Sender of the package must declare the value of all the items in the package and comply with the PAKKAGE's other requirements when initiating a delivery, such as taking a picture and providing documents that can verify the value of the items being shipped. The Sender must complete a claim form that can be found at www.pakkage.net/contact.
PAKKAGE'S MAXIMUM REIMBURSEMENT SHALL NOT EXCEED $75.00 PER PACKAGE DESPITE THE VALUE OF THE ITEMS DECLARED BY THE SENDER. THIS REPRESENTS PAKKAGE'S MAXIMUM OBLIGATION TO THE SENDER FOR THE LOSS AND/OR THE DAMAGE OF THE ITEMS IN THE PACKAGE. PAKKAGE WILL NOT PAY ON A CLAIM WITHOUT PROOF OF DECLARED VALUE
A package and/or the items inside the package shall be considered damaged only if the Sender and/or Hub shows proof of the package being damaged such as visible signs of tear and wear, crushed, wrecked, shattered items as a result of a destroyed package. Moreover, the items of the package shall be considered lost if the “short code”, written on the package by the Sender, becomes illegible, torn apart, removed, or scratched off.
In order to be reimbursed for the cost of repair for a damaged item, a third-party repair quote/receipt from a qualified repair facility needs to be presented to PAKKAGE, and this shall be done only if the cost of repair is smaller than $75.00. If the items are deemed un-repairable, the actual cost of replacement will be paid up to PAKKAGE's maximum liability.
Filing a Claim
To file a claim for a damaged or lost package, or items in the package, follow the steps under PAKKAGE's app or the website to begin the claim process. ONLY THE SENDER IS ACCOUNTABLE AND RESPONSIBLE TO FILE A CLAIM. All packaging materials must be retained as part of the claims process.
Hub Liability for Damaged Packages
If packages are lost, damaged, opened and resealed, or stolen during the duration of their stay at the Hub, the Hub will be liable for up to $75.00 of the declared value per package.
Driver Liability for Damaged Packages
If packages are lost, damaged, opened and resealed, or stolen during the transportation by the Driver, the Driver will be liable for up to $75.00 of the declared value per package.
This Agreement will be governed by and construed in accordance with the laws of the State of North Dakota (and, to the extent controlling, the federal laws of the United States). This agreement constitutes the entire agreement between PAKKAGE and you with respect to the Content.
YOUR USE OF THE SERVICES
As mentioned above, PAKKAGE is an online platform that enables individuals or businesses to arrange for the shipment of packages using individuals who will act as Carriers between Hubs for these packages but who are not in any case hired or subcontracted directly by PAKKAGE for the sole purpose of providing shipping services. PAKKAGE is not a shipping service and does not under any circumstances engage in the business of transporting goods.
PLEASE NOTE THAT THE APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE TRANSPORTATION OF PACKAGES THAT MEET CERTAIN REQUIREMENTS AS DEFINED IN THE CONTRACTUAL AGREEMENT. PAKKAGE CANNOT AND DOES NOT CONTROL THE CONTENT, CONDITION OR LEGALITY OF THE PACKAGES BEING TRANSPORTED. FAILURE TO BE IN COMPLIANCE WITH OUR GUIDELINES OF WHAT CONSTITUTES A "NONMAILABLE" ITEM SHALL TERMINATE THIS CONTRACT IMMEDIATELY AND MIGHT RESULT IN PENALTY CHARGES ACCORDING TO FEDERAL, STATE, AND LOCAL LAW.
Nonmailable Items Prohibited To Be Delivered Using Our Services
Explosives or explosive devices
Flammable or combustible liquids
Corrosives, liquid or solid
Compressed gases, flammable and non-flammable
Poisons, irritants, controlled substances and drug paraphernalia
Firearms or weapons of any kind or any firearm or weapon parts, ammunition, shells, and grenades
Animals, sick, dead or alive
Any illegal items as defined by federal, state, local, or regulatory entities
Any "Hazardous Material" as defined in "Title 49 CFR 172.101 Table (List of Hazardous Materials Descriptions" under Pipeline and Hazardous Material Safety Administration (PHMSA). For more information visit http://www.phmsa.dot.gov/
It is the Sender's duty and obligation to comply with all applicable federal, state, and local laws regarding the restrictions and legitimacy of what can be shipped as well as abide by the restrictions set forth by PAKKAGE in the list of Nonmailable Items.
Civil penalties are assessed for knowingly violating a hazardous material transportation law or a regulation, order, special permit or approval issued under that law ranging from $75,000 - $175,000 for knowingly violating federal hazardous material transportation law.
In the event that a Driver is suspicious of the content of the package(s) being delivered, the Driver can immediately refuse to deliver and must notify PAKKAGE at support@PAKKAGE.net for further directions. PAKKAGE advises Drivers to use their common sense and good judgment before willingly accepting a package for delivery. PAKKAGE retains all the rights to advise Drivers, Hubs, and Receivers to properly dispose of the package and inform the proper authorities if such a package is found to be hazardous.
In order to use most aspects of the Site and Application, you must register to create an account ("PAKKAGE Account"). You must be at least 18 years of age to obtain an Account. You may register as a user, as a Driver, or both, and each one will have specific requirements to establish the authenticity of the account. Account registration depending on the profile used to create the account requires you to submit to PAKKAGE certain personal information, such as your name, address, mobile phone number, email, age, driver's license, auto insurance, and possibly a social security number (used to run a background check to endorse Drivers) as well as at least one valid payment method accepted by us. It is your responsibility to maintain accurate, complete and up-to-date information in your Account. Your failure to do so may result in your inability to access and use the Services, or PAKKAGE's termination of this Agreement with you. You are responsible for your Account and you agree to maintain the security and secrecy of your Account username and password at all times.
User Requirements and Conduct
Individuals under the age of 18 are not allowed to use PAKKAGE Services. You may not authorize third parties to use your Account. You may not assign, or otherwise transfer your Account to any other person or entity. You must not use the site for any illegal purposes (e.g., packaging or transporting materials that are prohibited as defined above under the list of prohibited items) and you agree to comply with all applicable Federal, State, and Local laws when using the Services and abide to the terms and conditions that govern this contractual agreement. You will not in your use of the Services cause property damage to any party engaged in the PAKKAGE Service. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Once the registration process is completed to create an account with PAKKAGE, you agree to receive Short Message Service (SMS) notification to SMS enabled mobile-phones and smart phones. These SMS messages are part of the normal business operation of your use of the Services and they are intended to notify the Sender and the Receiver that the package(s) have been sent, received by the destination Hub and picked up by the person intended to receive the package. You may opt-out of receiving text (SMS) messages from PAKKAGE at any time by texting the word STOP to 0000 from the mobile device receiving the messages. By opting out of receiving text (SMS) messages you acknowledge that it may impact your use of the Services .
The Sender may cancel the shipment at any time before payment. Once payment has been submitted, the Sender will not be able to cancel the shipment and there are no refunds.
You acknowledge that PAKKAGE does not prescreen. This does not limit or prohibit PAKKAGE, to have the right in their sole discretion to refuse, remove or move any User Content that does not comply with our standards of use as outlined in this agreement.
From time to time PAKKAGE may permit you to submit content and information, including commentary and feedback related to the Services. Any User Content provided by you remains your property. However, by providing User Content to PAKKAGE, you grant PAKKAGE an undisputable license, with the right to sublicense, to use, copy, modify, distribute and otherwise exploit in any manner such User Content without further notice to or consent from you, and without any financial obligation to pay to you or any other person or entity a portion of the benefit PAKKAGE might derive from using any User Content voluntarily supplied to the company.
You acknowledge and agree that PAKKAGE may preserve User Content and may also disclose User Content if required to do so by law or that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any User Content violates the rights of third parties; or (c) protect the rights, property or personal safety of PAKKAGE, its users, and the public.
You represent and warrant that you are the sole and exclusive owner of all User or Driver or Hub Content in your PAKKAGE Account or that you have all rights, licenses, consents necessary to grant PAKKAGE the exclusive permission to the User Content as set forth above. Neither the User Content, nor the use of the User Content by PAKKAGE as permitted will breach or violate a third-party's intellectual property or proprietary rights or result in the violation of any applicable law or regulation.
You agree not to post content that infringes or violates someone else's rights or otherwise violates the law. PAKKAGE may determine in its sole discretion whether or not the content is offensive, hateful, violent, or derogatory and may but shall not be obligated to, review, monitor or remove User, Driver or Hub Content at any time and for any reason without notice to you.
The primary purpose of PAKKAGE is to facilitate transportation of packages between the Sender and the Receiver via a third-party medium who acts as a Carrier of packages between the designated Hubs. The use of these Services will result in a fixed charge of $10 per package (for packages no bigger than 1050 cubic inches and no heavier than 40lbs), charged to and paid by the Sender. The receipt of shipment is generated electronically and delivered by email, as well as a SMS is generated for both the Sender and the Receiver notifying both of them that the process is initiated.
PAKKAGE will facilitate the payment of applicable charges on behalf of the Carrier and Hub, as their payment collection agent . Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by PAKKAGE.
All Charges are due immediately and payment will be facilitated by PAKKAGE using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, your package will not be accepted for drop-off and Pakkage will not accept your package until a valid secondary payment method is provided in your Account.
PAKKAGE reserves the right to establish, remove and/or revise Charges for the use of Services at any time, under the discretion that PAKKAGE will use reasonable efforts to inform you (Sender, Hub and/or Carrier) of Charges that may apply. You are responsible for Charges incurred under your Account, regardless of whether or not you are aware of such changes in the structure of charges and payment structure.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND IN ACCORDANCE TO THE PROVISIONS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. PAKKAGE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY OR AVAILABILITY OF PACKAGE DELIVERY OR THAT THE DELIVERY OF PACKAGES WILL BE UNINTERRUPTED AND ACCIDENT-FREE. PAKKAGE EXPLICITLY DISCLAIMS ANY OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, SUCH AS SENDERS OF PACKAGES OR CARRIERS USED TO DELIVER THESE PACKAGES. PAKKAGE COMMITS TO PROVIDING ITS BEST EFFORTS TO GUARANTEE THE RELIABILITY OF CARRIERS DELIVERING PACKAGES TO REDUCE THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES.
Limitation of Liability
NEITHER PAKKAGE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL HARM, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE OR LOSS RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. PAKKAGE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES IN EXCEES OF $75.00 AS DETERMINED BY PAKKAGE OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF PAKKAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAKKAGE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN DELIVERING PACKAGES RESULTING FROM CAUSES BEYOND PAKKAGE'S REASONABLE CONTROL. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT REMAINS WITH YOU.
PAKKAGE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION OF PACKAGES USING PRIVATE THIRD-PARTY MEDIUMS WHO ACT AS CARRIERS, BUT YOU AGREE THAT PAKKAGE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION SERVICES PROVIDED TO YOU BY THIRD PARTY CARRIERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PAKKAGE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to indemnify and hold PAKKAGE and its affiliates and subsidiaries and their officers, directors, employees and agents harmless from and against any claims, demands, losses, liabilities and expenses (including reasonable legal and accounting fees), arising out of or in any way connected with: (a) your use of the Site, Application, Services or collective content obtained through your use of the Services; (b) your Member Content; (c) your breach or violation of any of these Terms; (d) your violation of the rights of any third party, including Third-Party Providers.
If a dispute, claim or controversy develops between the parties of this contract arising out of or relating to these Terms or the breach, termination, interpretation, enforcement or validity of these Terms or addendum to this contract, PAKKAGE does hereby establish that the parties agree that such dispute will be settled by binding arbitration between you and PAKKAGE, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These terms, and any dispute arising from the use of this site, will be governed by The State and Federal Courts in Mandan, North Dakota without regard to its conflicts of laws and provisions.
Feedback And Information
Any feedback you provide at this site shall be deemed to be non-confidential. PAKKAGE Inc. shall be free to use such information on an unrestricted basis.
The terms and conditions for this web site are subject to change without notice.
Copyright © All Rights Reserved 2019 PAKKAGE Inc. All rights reserved.
PAKKAGE Inc., 712 W Main St,
Mandan, ND 58554 United States
Updated by The PAKKAGE Inc. Legal Team on 03/06/2019