SHIPSAVY PTY LTD – Terms and conditions
These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the shipsavy.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, ”the client,� �you,� �your� or �subscriber�) and ShipSavy Ptd Ltd (“ShipSavy Ptd Ltd,” “ShipSavy,” “we,” “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and ShipSavy Ptd Ltd, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Furthermore, by signing up with ShipSavy Pty Ltd or any of its subsidiaries, you agree to use your account in a manner that is consistent with all applicable laws and regulations and in accordance with the Terms of Service discussed herein.� This Agreement is between ShipSavy Pty Ltd (�ShipSavy�, �the service provider,� �us,� �we,� or �our”) and all its subscribers and users (”the client,� �you,� �your� or �subscriber�). This Agreement and the client�s use of services shall become effective on the date the order is submitted by the client to the service provider (�Effective Date�).
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Conditions of Use
The service provider reserves the right to update and change the Terms of Service at any time and without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account.
- You must be 13 years or older to use this Service. (The service has in app purchases/upgrades)
- You must be a human. Accounts registered by �bots� or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person � a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Data/Content added and activity that occurs under your account (even when Data/Content is posted by others who have access to your account).
- One person or legal entity may not maintain more than one account. You may not assign your rights under this Agreement without our prior written consent.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- We may, but have no obligation to, remove Data/Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party�s intellectual property. You may not post sexual graphic content on the Service. While we prohibit such conduct and content on the Service, you understand and agree that we cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
- You must use our system in a manner that is ethical and in conformity with community standards.
- You will respect the privacy of other users (you shall neither intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user).
- You will respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property.
- You will accept notifications of service changes, commercial email and similar offers presented through the ShipSavy system or via email.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or �spam� messages (See Anti-spam Policy).
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, us, or any other service.
- You must not use any API credentials in any publicly available software or phone application. This specifically refers to, but is not limited to, embedding API usage in a phone App.
- You must not transmit any worms or viruses or any code of a destructive nature.
- This agreement is �at-will�, meaning that you can cancel your account at any time and so can we (which we exercise typically only in the case of violations of our spam rules but which we reserve for any reason whatsoever).
- GDPR Authorization to use sub-processors: ShipSavy uses sub-processors as a routine part of offering our service. As a Data Controller, you agree to our use of GDPR compliant sub-processors. We maintain a list of sub-processors below for your review.
GDPR Indemnification: By using ShipSavy’ s software, you agree to indemnify ShipSavy for any legal responsibility and against any claims regarding your GDPR compliance. ShipSavy attests that we comply with GDPR as a Data Processor but does not and can not ensure your compliance as a Data Controller.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (renewal periods) under the same terms of service. The Renewal Fees will be automatically debited from the client�s credit card at the beginning of each renewal period, and you agree that the service provider will not require any additional authorization for any recurring payments or automatic billing options. Services are non-refundable unless the pricing terms for the applicable service expressly states otherwise. The service provider may suspend or terminate use of your account if you fail to comply with fee agreement.
- A valid credit card is required for all accounts.
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Local Sales and/or Use taxes may apply.
- All fees will be collected in United States dollars regardless of your country of origin’s currency exchange rate.
- For any upgrade or downgrade in your monthly plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
- If you upgrade your annual account during the contract period, the change in annual price will be prorated and charged at that time.
- Downgrading your service may cause the loss of the content, features or capacity of your account. We do not accept any liability or responsibility for such loss.
- Should your account exceed your current account limit of ASINs, Product Research Saves or Brands, limits exceeded warnings will be shown until your service plan is either upgraded to the next ShipSavy tiered plan or you delete unneeded saves from your account.�
- We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.� Should this occur, no changes, refunds or credits will be made to your service plan.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us.
- The service provider may suspend or terminate use of your account if you fail to provide a valid credit card.
- Any billing problems or discrepancies must be brought to our attention within thirty (30) days from the date the client is billed. If you do not bring them to our attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.
You are solely responsible for properly cancelling your account. We do not take cancellation requests via email, over the phone or chat. All accounts must be cancelled by the primary account holder through their account.
- Upon cancellation, all of your Content will be immediately deleted from the Service at the end of your billing period. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- We have the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, ShipSavy Ptd Ltd will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources like Amazon Australia is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services,
or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by ShipSavy Ptd Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with ShipSavy Ptd Ltd. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of ShipSavy Ptd Ltd or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of ShipSavy Ptd Ltd or third party trademarks.
With respect, any and all content (images, names, brands, logos) other than ShipSavy property, will remain the full property of the respective owners and licensees. ShipSavy makes no claim of ownership of any such content. ShipSavy is in no way affiliated or associated with Amazon.com Inc or any of its subsidiaries.�
ShipSavy reserves the right in its sole discretion to terminate or modify permission to display the logo, and may request that third parties modify or delete any use of the collateral that, in our sole judgment, does not comply with these guidelines, or might otherwise impair our rights in the logo.
- As a general rule, third parties may not use the ShipSavy logo unless approved logo artwork is provided by us.
- The logo may not be used in any manner that might imply that any non-ShipSavy materials, including but not limited to goods, services, websites, or publications, are sponsored, endorsed, licensed by, or affiliated with ShipSavy.
- The logo may not be displayed as a primary or prominent feature on any non-ShipSavy materials. Companies using the logo pursuant to these guidelines must also display, in the primary and more prominent position, their own logo(s), business name, product names, or other branding.
- The logo may not be imitated or used as a design feature in any manner.
- The logo may not be used in a manner that would disparage ShipSavy or its products or services.
- Neither the logo nor any part of the ShipSavy name (e.g., Ontra) may be used in any other company name, product name, service name, domain name, website title, publication title, or the like.
- Non-ShipSavy materials should not mimic any ShipSavy advertising, product packaging, or website design.
- The logo must be used as provided by ShipSavy with no changes, including but not limited to changes in the color, proportion, or design, or removal of any words or artwork. The logo may not be animated, morphed, or otherwise distorted in perspective or appearance.
- The logo must stand alone and may not be combined with any other object, including but not limited to other logos, words, graphics, photos, slogans, numbers, design features, or symbols. The logo must never be used to represent the word ShipSavy in text, including in a headline, product-name logotype, or body copy.
- The logo must not be incorporated or used in any manner as part of, or in close proximity to another company�s name, domain name, product or service name, logo, trade dress, design, slogan, or other trademarks.
- The look and feel of the Service is copyright �1999-2021 ShipSavy, All rights reserved. You may not duplicate, copy, or reuse any portion of the application.
ShipSavy further reserves the right to object to unfair uses or misuses of its trademarks or other violations of applicable law. For real, don�t mess with the logo or our trademarked name.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Furthermore, you understand that the service provider, and/or its assigns do not guarantee, imply, or predict any type of profit or response from said services. The client irrevocably covenants, promises and agrees to indemnify the service provider and/or its assigns and to hold the service provider and/or its assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assigns may sustain or to which the service provider and/or its assigns may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys� fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. You agree to use the Service at your own risk.
WE MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE ShipSavy, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will ShipSavy Ptd Ltd, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of ShipSavy Ptd Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to ShipSavy Ptd Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold ShipSavy Ptd Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Queensland, Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. Amazon Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Queensland, Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes. Acceptance of these terms You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
We strictly prohibit any involvement in unsolicited commercial email (UCE) campaigns, commonly known as spam. We maintain a Zero-Tolerance policy against spam, be it direct, third party or any affiliate or similar agent acting on the account holder�s behalf. All lists used in conjunction with the services provided by the service provider are required to be 100% opt-in lists. Any client account that is connected to a report of or caught violating these policies, will be immediately terminated.
- You will abide by the U.S. CAN-SPAM Act of 2003 and standards set by the email industry, which state: If it�s unsolicited, it�s spam.
- You are only permitted to send email to contacts who have specifically requested to receive content from you.
- You may not add email addresses to our service that you rented, purchased, or �scraped.�� This includes a list of opt-in leads or a list of names and emails received from your Chamber of Commerce, etc.
- We in no way participate in mass unsolicited emailing (i.e., spamming), and all Partners are expected to adhere to this policy as well. Violation of this policy will result in the termination of your contract and immediate dismissal from the Partner Program.
No refunds or pending commissions will be provided to anyone whose account is terminated for violating this policy.
Please report a complaint or violation of this policy to [email protected]
The service provider will not rent, sell, access or in any way use the client�s customer database information. This information will be kept strictly confidential in the highest manner possible.
- We collect the email addresses of those who communicate with us via email, aggregate information on what pages consumers access or visit, approximate location, IP address, and information volunteered by the consumer (such as survey information and/or site registrations).The information we collect is used to improve the content of our web pages and the quality of our service.
- We ask for information such as your name, company name, email address, billing address and credit card information for users of our services.� We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the services provided. Although we own the code, databases and all rights to the application, you retain all rights to your data.
- We may disclose personally identifiable information under special circumstances, such as complying with subpoenas or when your actions violate the Terms of Service.
- We may periodically update this policy and will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified for your account or by placing a prominent notice on our site. This includes the transfer of data in the event ShipSavy is acquired by or merged with another company.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to [email protected]
This document was last updated on Oct 17, 2021