Terms and Conditions

 

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you) and PeliPak Couriers (we, us or our), concerning your access to and use of the www.pelipak.com (we, us or our) website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, www.pelipak.com ).

You agree that by accessing www.pelipak.com, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using www.pelipak.com and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on www.pelipak.com from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We will alert you about any changes by updating the date last updated date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of www.pelipak.com after the date such revised Terms and Conditions are posted.

The information provided on www.pelipak.com is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access www.pelipak.com from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

www.pelipak.com is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for www.pelipak.com.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, www.pelipak.com is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on www.pelipak.com (collectively, the Content) and the trademarks, service marks, and logos contained therein (the Marks) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Jamaica W.I.

The Content and the Marks are provided on www.pelipak.com AS IS for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of www.pelipak.com and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission in the form of a letter on PeliPak Couriers letterhead.

USER REPRESENTATIONS

     By using www.pelipak.com, you represent and warrant that:

(1) All registration information you submit must be true, accurate, current, and complete and you will maintain the accuracy of such information by promptly updating your registration information.

(2) You have the legal capacity and you agree to comply with these Terms and Conditions.

(3) You are not a minor in the jurisdiction in which you reside 

(4) You will not access www.pelipak.com through automated or non-human means, whether through a bot, script, or otherwise.

(5) You will not use www.pelipak.com for any illegal or unauthorized purpose.

(6) Your use of www.pelipak.com will not violate any applicable law(s) or regulation(s).

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of www.pelipak.com (or any portion thereof).

PeliPak Couriers retains the right to withdraw your registration or any offer of credit by the abuse of these Terms and Conditions.

USER REGISTRATION

You are required to register with www.pelipak.com. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use www.pelipak.com for any purpose other than that for which we make available. www.pelipak.com may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved in writing in the form letter on PeliPaks letterhead.

As a user of www.pelipak.com, you agree not to:

1.      Systematically retrieve data or other content from www.pelipak.com to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission in the form of a letter from us.

2.      Make any unauthorized use of www.pelipak.com, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretence.

3.      Use www.pelipak.com to advertise or offer to sell goods and services.

4.      Circumvent, disable, jeopardize or otherwise interfere with security-related features of www.pelipak.com including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

5.      Engage in unauthorized framing of or linking to www.pelipak.com

6.      Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

7.      Make improper use of our support services or submit false reports of abuse or misconduct.

8.      Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

9.      Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to www.pelipak.com.

10.  Attempt to impersonate another user or person or use the username of another user.

11.  Sell or otherwise transfer your profile.

12.  Use any information obtained from www.pelipak.com in order to harass, abuse, or harm another person.

13.  Use www.pelipak.com as part of any effort to compete with us or otherwise use www.pelipak.com and/or the Content for any revenue-generating endeavour or commercial enterprise.

14.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of www.pelipak.com.

15.  Attempt to bypass any measures of www.pelipak.com designed to prevent or restrict access to www.pelipak.com, or any portion of the Site.

16.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of www.pelipak.com to you.

17.  Delete the copyright or other proprietary rights notice from any Content.

18.  Copy or adapt the Sites software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

19.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any partys uninterrupted use and enjoyment of www.pelipak.com or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of www.pelipak.com .

20.  Upload or transmit or attempt to upload or to transmit any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (gifs), 11 pixels, web bugs, cookies, or other similar devices (sometimes referred to as spyware or passive collection mechanisms or pcms).

21.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses www.pelipak.com, or using or launching any unauthorized script or other software.

22.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or www.pelipak.com.

23.  Use www.pelipak.com in a manner inconsistent with any applicable laws or regulations.

24.  www.pelipak.com prohibits the use of any branding or memorabilia associated with and presented on the Site and offered as advertisement for the conduct of business by www.pelipak.com.

25.  All comments are deemed non confidential and shall become our sole property.

 

USER GENERATED CONTRIBUTIONS

www.pelipak.com may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create and submit comments.

Authority to Act as users Acceptance & Customs clearance agent

The service requires that PeliPAK Couriers, its subsidiaries, affiliates, and agents accept, transport, import, and (when applicable) deliver users packages. By accepting electronically (for example, by clicking I agree), using the website, or using the service (for example, by sending a package to the provided US address), you authorize the PeliPAK Couriers, its subsidiaries, affiliates, and agents to act as users agent for the purpose of acceptance, transportation (whether by own equipment, or by a third party), importation (customs clearance) and delivery of all packages and sent to the provided global forwarding address. Moreover, user acknowledges and authorizes that PeliPAK Couriers may make declarations based on the information provided by the user or found within the package shipment and can accept valuations on the users behalf (with or without users knowledge) if such required information is not available or forthcoming.

Import and Export Regulations and Limitations (Forwarding Country)

At the sole risk of user, the user may ship packages to the assigned global forwarding address from a third country provided that the shipment comply with all applicable export regulations of the third country and all applicable import regulations of the country hosting the intended global forwarding address. Moreover, PeliPAK Couriers will not be a party to, and will have no responsibility in such transactions. Packages shipped to the intended global forwarding country from a third country may require the services of a customs broker and/or may incur customs duty charges which fall outside of the scope of the service provided by PeliPAK Couriers to the user. PeliPAK Couriers may in its discretion assist user in retrieving shipments from customs in the country hosting the global forwarding address.

Receiving, Acceptance, and Refusal of users packages

PeliPAK Couriers will receive all packages delivered to the global forwarding address by courier, post, known shippers for user or by way of a walk-in/drop-off by user or users agent or representative. Prohibited items and/or items which may cause damage to the integrity of the total shipment of imports will be refused. Receiving or signing for packages on behalf of user does not constitute PeliPAKs final acceptance of the package. Unless user is duly registered with PeliPAK Couriers, packages will be refused. Final acceptance of packages is subject to inspection by PeliPAK Couriers. PeliPAK Couriers reserves the right to or not to carry out a visual inspection of the external package. Any damage found will be noted, however PeliPAK Couriers is not obligated to verify the integrity of the contents. User acknowledges that inspections carried out by PeliPAK Couriers are for the sole purpose of determining whether the contents of the users package can be shipped by air or sea. User shall not hold PeliPAK Couriers liable for damage to the contents of a package where the packing was found to be inadequate for the nature of the goods whether PeliPAK Couriers ought to have known that such damage was likely to occur or not. PeliPAK Couriers may in its discretion refuse any package and will notify user promptly of the reason for refusing the package. PeliPAK Couriers reserves the right to or not to repackage any item received damaged. Those items which are repackaged will be subject to a repackaging fee. User will cooperate promptly with all reasonable requests of PeliPAK Couriers to resolve instances where packages have been refused. Refused packages will be held in storage for a maximum of thirty (30) days prior to disposal by PeliPAK Couriers. PeliPAK Couriers may in its discretion assist user in returning refused shipments, user acknowledges and agrees to prepay any additional fees that may arise in respect to assistance provided by PeliPAK Couriers to return such shipments to the vendor.

PeliPAK Couriers does not accept envelopes, cheques, credit cards, debit cards or cash. Once these items are found they will be returned to the respective shipper.

PeliPAK Couriers will provide the service of collection and sorting of packages. This service will be provided Monday through Friday from 9:00a.m. to 5:00p.m, Saturdays from 10:00am to 2:00pm. PeliPAK Couriers shall not provide services on national holidays, state of emergency or any conditions caused by natural disaster. PeliPAK Couriers is not liable for packages sent to incorrect address, fake name(s) or fake address, packages delivered to incorrect location by shipper for example: UPS, AMAZON, delayed packages, mislabelled packages whether incorrectly spelt name or missing unique number, packages sent to previously used warehouse by PeliPAK Couriers thirty (30) days post notification of changed warehouse facility. PeliPak Couriers reserves the right not to accept liability for items damaged, stolen or misplaced. In the event of such mishap PeliPAK may, in its sole discretion consider a partial or full refund for items damaged, stolen or misplaced to a maximum of USD100.

Walk-in/Drop off

PeliPAKs Warehouse Customer Drop-off Record (the record) will be completed by both PeliPAKs agent and users agent/representative. Contents will be inspected in the presence of user or users agent/representative and a description noted on the form. Prohibited items will be refused.

Import Regulations and Restrictions (Home Country)

At the sole risk of user, the user may ship packages and to the assigned global forwarding address for reship to their home country, provided that those shipments comply with all applicable laws, quotas, restrictions and permit/licensing requirements of the intended destination country. The user acknowledges that PeliPAK Couriers is not in the business of providing professional advice regarding applicable import laws, quotas, restrictions and permit/licensing requirements of the intended destination country. PeliPAK Couriers does not vet shipments arriving at the assigned global forwarding address to determine whether shipments meet such import laws, quotas, restrictions or permit/licensing requirements, therefore user shall consult the services of the competent authority in the intended home country for advice regarding applicable import laws, quotas, restrictions and permit/licensing requirements and shall obtain any applicable permits/licenses that may be necessary to import such shipments into the intended home country prior to sending such shipments to the assigned global forwarding address. User will cooperate with all reasonable requests of PeliPAK Couriers to provide permits or licenses where necessary and will notify PeliPAK Couriers promptly upon obtaining such permits and licenses. PeliPAK Couriers will promptly notify the user upon learning of any actual or suspected breaches of any applicable import laws, quotas, restrictions and permit/licensing requirements. PeliPAK Couriers will not be a party to, and will have no responsibility or liability in cases where user is found in breach of applicable import laws, quotas, restrictions, and permit/licensing requirements. User will notify PeliPAK Couriers promptly where users shipment requires special tax treatments in respect to tax exemptions and tax allowances and shall provide all applicable completed supporting documents to PeliPAK Couriers.

Customs Inspection, Valuation, Clearance, Storage and Disposal

The service requires that Customs and Border Protection (CBP) and various other external authorities in the intended destination country be given unrestricted access to inspect users shipments as deemed necessary to safe guard the destination countries border, people, livestock, agriculture, etc. By using the service, you authorize CBP, its agents and any other Government Authority, and their agents to inspect users shipments and if necessary, to detain, confiscate, or destroy shipments that pose a threat to that countries national security. In such cases each user will defend, indemnify, and hold harmless PeliPAK Couriers from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with inspecting, detaining, confiscating, storing, and destroying such shipments. PeliPAK Couriers will promptly notify the user upon learning of a shipment being detained, confiscated, or destroyed. User will indemnify, and hold harmless PeliPAK Couriers and their respective officers, directors, employees, and agents from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with errors or acts of omissions on customs declarations. Moreover, user will indemnify, and hold harmless PeliPAK Couriers for any errors made or acts of omissions made by customs in respect to valuation of shipments.

Items detained by Customs

Items held by Customs but made available for retrieval will require that a legitimate, unaltered invoice be provided. The retrieval of these items will be subjected to customs duty, storage fees where applicable and PeliPAK Couriers a handling fee. PeliPAK Couriers reserve the right not to clear item where invoice is deemed illegitimate or where it is believed to have been altered. Detained items being cleared by user or users representative will attract a fee for preparation of requisite Airway Bill (AWB) by PeliPAK Couriers. Items confiscated and deemed by customs to be undeliverable to the user, user will be notified by PeliPAK Couriers. Associated documentation will be made available to the user.

Delivery

PeliPAK Couriers provides the service of free delivery of packages to select locations within a certain radius. Delivery outside of the free delivery parameters will attract a fee.

 

GUIDELINES FOR REVIEWS

We may provide you areas on www.pelipak.com to leave reviews or ratings. When posting a review, you must comply with the following criteria:

(1) you should have first-hand experience with the person/entity being reviewed;

(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements;

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

SITE MANAGEMENT

www.pelipak.com reserves the right to share and offer services, products and other items from time to time as may be deemed beneficial to users of our site with the clear understanding that none or all of these offers, services and products may or may not be accepted to our users.

These offers may include but are not limited to credit cards referrals and loyalty programs, points, offering, airline tickets, hotel accommodations, discounts and other similar items. All offerings will be made at the sole discretion of www.pelipak.com and will be time sensitive in accordance with the guidelines published with that offering.

Qualification for any or all offers will also be at the sole discretion of www.pelipak.com.

Consideration of acceptance and agreeing to utilize any offer presented by www.pelipak.com will be entirely at the discretion of the user.

www.pelipak.com also reserves the right to withdraw at its discretion all offers as stated above.

OTHER DECLARATIONS

I authorize PeliPAK Couriers to provide customs clearance for all my packages. I understand that these packages will be subject to customs inspection, payment of duties and handling fees. Packages left uncollected from our offices after sufficient notifications of availability for more than thirty (30) days will accrue storage charges.

Items uncollected after forty five (45) days will be deemed as abandoned and will become the property of PeliPAK Couriers for disposal solely at the discretion of PeliPAK Couriers.

In the event of death or disability of the primary user www.pelipak.com will not bear any responsibility to deliver packages to anyone not assigned as a secondary user.

 

 

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use www.pelipak.com. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of Jamaica W.I. 

CORRECTIONS

There may be information on www.pelipak.com that contains typographical errors, inaccuracies, or omissions that may relate to www.pelipak.com, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on www.pelipak.com at any time, without prior notice.

DISCLAIMER

THE www.pelipak.com IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF www.pelipak.com AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH www.pelipak.com AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO www.pelipak.com AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM www.pelipak.com, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH www.pelipak.com BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA www.pelipak.com. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH www.pelipak.com, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER DATA

PeliPAK Couriers will not store nor keep pins, access codes, credit card and debit card numbers.

We will maintain certain data that you transmit to our Site as well as data relating to your use of the Site for the purpose of managing the Site.

Although we perform regular routine backups of data, note that you are solely responsible for all data that you transmit or that relates to any activity you have undertaken on the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data and you hereby waive any right of action and indemnify us against any action arising from any such loss or corruption of such data.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on www.pelipak.com constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasona`ble control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of www.pelipak.com. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

Visiting www.pelipak.com, completing online forms and sending us emails constitutes electronic communications. You consent to receive electronic communications and you unreservedly agree that all agreements, notices, offers, policies, records of transactions, disclosures and other communications we provide to you electronically via email on our Site satisfy any legal requirements that such communication be in writing.