YOUR USE OF THIS WEBSITE OR CONSEQUENT PURCHASE OF THE SERVICES HEREBY OFFERED CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS:
AGREEMENT BETWEEN PARCELCAST, LLC AND CUSTOMER
Our website (termed the "Website) is provided for the sole purpose of assisting customers in the acts of comparison, selection and purchase of third party courier (termed individually as "Courier") services (termed "Services") providing legal shipment of goods and documentation on a national or international basis, or transacting other business with these services, only. The terms "Parcelcast", "our, "we", and "us" refer specifically to Parcelcast LLC, a corporation based in Texas, and any corporate affiliates and subsidiaries thereof. "You" refers specifically to individual customers using the Website and/or making purchase of third party courier services via the Website and/or through our customer service agents and partners.
Parcelcasts acts only as an intermediary service between Couriers and you, as a platform for access to ordering Services, and as such is not and cannot be a party to contracts to transport, deliver, pick up, ship or otherwise provide any service to you beyond the simple resale of these Services.
By your access, use or acquirement or any data, materials, information, content or Services via the website, you accept and agree that you are (a) bound by these Terms, including any amendments or modifications, (b) confirm that you are aged 18 years or older and competent and able to accept and agree to the warranties, representations, affirmations, terms and conditions detailed herein, and (c) will use this Website only to make legitimate purchase of Services for the legal shipping of goods and documents for your own purposes, or on behalf of another person or entity for whom you possess legal authorization to act on behalf of (termed "Third Party")
Customers resident within the European Union will confirm acceptance of the Terms and Data Processing Addendum by way of a separate acknowledgment.
If you are resident within the European Union but do not see a request for you to acknowledge the Terms and Data Processing Addendum - which can be caused by your making use of the Website from a location outside the European Union or your use of an encrypted browser - you should request a copy of the DPA in PDF format, or an acknowledgment, by contacting customer support via telephone, email or webchat.
You state and confirm that you will pay Parcelcast all charges, in full, for Services ordered via the Website at the time that the order takes place. You undertake to ensure that information held by Parcelcast relating to you is kept up to date (including without limitation contact information and correct credit card details). Entry of information related to Services that you order via the website is solely your own responsibility. In case that amounts owed for Services are unpaid, or in the event that checks, credit card charges or online payment services are refused, denied or returned, you state and confirm that you will pay the principal amount and any interest charged thereupon, in addition to any and all payment and bank charges assessed against Parcelcast and/or you, and reasonable costs incurred by Parcelcast in collecting or the attempted collection of said fees, including attorney expenses and fees within reason. Parcelcast reserves the right to perform credit checks against you at any time before you purchase any Service.
You may pre-fund your Parcelcast account, and view the balance thereon, your transaction history, postage and shipping label activity, adjustments, refunds and any other account transactions at any time online. We do not share your account activity with couriers or third parties, but couriers may maintain records of shipping information provided to them by you.
If you maintain a positive balance within your Parcelcast account, we will keep record of that balance but do not segregate or divide those funds into a separate bank account, nor pay any interest on positive balances. In the event that you request refund of any positive account balance, Parcelcast endeavor to process any such request quickly and efficiently, in accordance with the refund or payment processes of your own bank or payment provider.
CHANGE OF BILLING, POLICY, PROMOTIONS OR PRICES
Parcelcast reserves the right to amend prices, promotional offers, policies and billing procedures at any time without notice. Any changes made shall be posted on the Website and also forwarded to existing customers and account holders by email. Your continued usage of the Website and/or Services thereof constitute your acceptance that you have seen and understood any and all amendments to terms.
This Website, and Services offered on this Website, are provided "as is". Parcelcast do not make representation nor any kind of warranty in relation to, without limitation, operation of the Website, Services, information, data or content displayed on the Website, implied warranty of merchantability, non-infringement, title, fitness for any purpose, accuracy and security or any other warranty that may otherwise arise from course of performance, course of dealing or usage of trade. Information or advice provided by Parcelcast does not create or constitute a warranty. You accept full responsibility, and agree that Parcelcast cannot be made liable for risk of any kind related to your making use of, or your inability to make use of, this Website, content, materials, data, information or services of Parcelcast which include without limitation any indirect, direct, punitive, special, incidental or consequential damages regardless of whether Parcelcast was aware or should have been aware that such damages were possible.
LIMITATION OF LIABILITY
The Services, Products, Software and Information displayed on this Website may on occasion include errors or inaccuracies, including errors relating to price. Parcelcast offers no guarantee of the accuracy of descriptions or information regarding courier services displayed upon the Website, and also disclaims any liability for inaccuracies or errors relating to the same.
Parcelcast cannot be deemed liable nor responsible for (a) virus infection or damaged caused to computer equipment or any other properties incurred by your accessing of this Website, or your downloading of the Website's content, or (b) any and all injuries, deaths, losses, claims, Acts of God, accidents, delays or any special, exemplary, punitive, direct or indirect, consequential or incidental damages (including but not limited to loss of profits or savings), regardless of whether based in strict liability, tort, contract or otherwise, that are incurred by or related in any way to any usage of the Website or information, materials, content or data contained therein, or any delay or failure (including but not limited to your use of or your inability to use any aspect of this Website) of Services or performance, or the non performance or performance by Parcelcast, or any Courier, or any associated provider, regardless of whether Parcelcast were aware or should have been aware of the prospect that such damages may occur. In all events, Parcelcast will not be deemed liable for any damages beyond the price paid by you for the individual Service in question, regardless of whether Parcelcast were aware that such damages may occur.
THIRD PARTY COURIERS
The display of Service options from Couriers on or via this Website does not constitute Parcelcast approval of any individual Courier or Service options offered by any Courier either by way of implication or suggestion, nor does it in any way constitute, suggest or imply affiliation between Parcelcast and any Courier. You agree and accept that Parcelcast are not liable for the thoroughness, timeliness or accuracy of information displayed by this Website in relation to Services provided by Couriers or Couriers themselves. Any interaction between you and any Courier contacted via this Website is performed at your own risk. Parcelcast are not liable in any way for action, inaction, errors, omissions, representations and warranties or breaches thereof, or any manner of negligence related to any Courier, or for personal injury, property damage, death, or any other expenses or damages caused or incurred by your interaction with any Courier.
USE OF OUR WEBSITE
You agree and accept that this Website, either in part or in whole, cannot be duplicated, reproduced or otherwise copies, resold, sold or otherwise exploited for commercial gain without the express permission of Parcelcast. We reserve the right to terminate accounts, withdraw service and/or cancel any order for Service at our own discretion including, but not limited to, our belief that your conduct is in violation of any law or is harmful to our own interests. Any and all use of this Website, the content, data, information and materials thereof, derivative usage of this Website and/or its contents, and the use of any manner of data scraping, robots, data mining or other data extraction tools and programs are strictly prohibited.
DATA USE AND COLLECTION
Some information regarding your computer may be collected automatically by Parcelcast upon your visit to the Website. This may include IP addresses, confirmation of Web browser software used, and the website that referred you to us. Other information regarding your online activity may also be collected, including your viewing history of couriers and services, and any bookings you make. Our objective in recording this information is to optimize your customer experience and to reduce the risk of fraudulent activity. Parcelcast use sensitive financial information, including name, credit card numbers, and card expiration dates, in order to complete the purchase of Services you order via our Website. Other information related to you is also used for general purposes such as the provision of services and products requested by you, provision of updates on service and confirmation of couriers, the management of your account such as bill processing and provision of information to couriers, to communicate with you, to answer queries or comments made by you, to measure interest in our services and make improvements to our Website, products, services and Apps, to make you aware of offers, services or products that you may find of interest, to customize and optimize your experience of the Website and our Apps, to facilitate any recognition or reward program you may join, to invite information from you by way of surveys, for dispute resolution, to collect fees, to resolve problems, to prevent illegal or prohibited activity, to ensure compliance with our Terms, and any other purpose disclosed to you at the point data is collected.
Parcelcast reserves the right to terminate or withdraw your access to or usage of this Website at any time, or no or any reason. In the event of termination or withdrawal, you agree that you shall pay immediately all sums due to Parcelcast in relation to any Services ordered. All accrued obligations, remedies, liabilities or rights will remain unaffected including without limitation our right to claim damages in relation to these Terms being breached, or our right to indemnification by you in accordance with these Terms. Additionally, provisions made by these Terms that have effect after termination either by implication or expressly will continue to remain in effect and full force.
Parcelcast LLC offer and perform services from within the State of Texas. These Terms are governed and shall be interpreted in their entirety in accordance with the laws of the State of Texas, USA, notwithstanding any potential conflict of law.
In the event that disputes arise from or relate to these Terms, final resolution will be achieved by arbitration in Texas, conducted in the English language and in accordance with the commercial rules of the American Arbitration Association.
You agree and accept that nothing contained within these Terms, or by your usage of or access to our Website or any Services therein, make you an agent, representative or employee of Parcelcast. The assignment or delegation of the performance in part or in full of your obligations in accordance with these Terms is strictly prohibited unless specific written approval is provided by Parcelcast.
These Terms are to be interpreted, construed and governed by [State Name] state law, excluding provision related to conflicts of laws. You agree and accept that any actions related to these Terms, the Website or Services thereof can only be brought before federal and state courts located within [City Name]. Additionally, you agree and accept that any dispute, claim or cause of action related to the Website or to these Terms is to be resolved on an individual basis without resorting to any manner of class action.
In the event that the provisions of these Terms are found to be unenforceable or invalid, such provisions are to be held to reflect, as closely as possible, the original intent of the Terms in accordance with applicable laws, and the remainder of any enforceable aspect of the Terms is to remain in effect and full force.