Ship4You - User Agreement
This document explains the terms with which Ship4You offers you access to our services. This agreement details the terms and conditions applicable to your use of our services available under the www.Ship4you.com domain. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the Ship4You website. All modified terms and conditions shall take effect immediately after posting to the Ship4You website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement cannot be amended, modified and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on May 19th, 2009 for all users.
Ship4You is a Neutral Site
Ship4You is not a service provider (SP), freight forwarder or broker. Ship4You site acts as a venue where shippers and SPs can meet and enter into agreements. Ship4You are not involved in the actual transaction between shippers and SPs. We therefore have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Ship4You does not pre-qualify or validate the claims of SPs including with respect to their licenses, insurance and registration. We and our website function exclusively as a neutral venue where two parties may agree on a price for a particular type of service. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by Ship4You and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between shippers and SPs, we have no control over the accuracy of listings, the ability of SPs to transport items, or the ability of shippers to send items. We cannot guarantee that a shipper or SP will actually complete a shipment.
Go to topMembership
Our services are available only to individuals who can form legally binding contracts under applicable law. Our services are not available to under 18's or to temporarily or indefinitely suspended Ship4You members. under 18's may only use this service in conjunction with their parents or guardians. Your Ship4You membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Members who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the website is for services only and that work that you provide will only involve services. You agree that you will not use your participation in the Ship4You website as a means to sell or market any types of goods or products, unless specifically authorized by Ship4You.
Go to topOther Terms and Conditions
You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of Ship4You at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. You also agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
Go to topFees
There are currently no fees to join Ship4You and no listing fees for shippers. Service Provider's are currently not charged any sign up fees, monthly fees or bid placement fees. Service Provider's are charged a success fee based upon a tiered percentage of their accepted bid price. The tiered fee structure is as follows: 9.8% of the price from £0.01-£200.00, with a minimum fee of £6.50; 7.8% of the price from £150.01-£400.00; 5.9% of the price from £400.01-£1,000.00; and 3.9% of the price for any amount over £1000.01. Please see the table below for the tiered breakdown for this example:
| Accepted Bid Price | Referral Fee |
|---|---|
| £0.01-£200.00 | 9.8% of the value from £0.01-£200.00, with a minimum fee of £6.50 |
| £200.01-£400.00 | 7.8% of the remaining match value balance (£200.01-£400.00) plus 9.8% of the value from £0.01-£200.00 |
| £400.01-£1,000.00 | 5.9% of the remaining match value balance (£400.01-£1,000.00), plus 7.8% of the value from (£200.01-£400.00), plus 9.8% of the value from (£0.01-£200.00) |
| Over £1,000.00 | 3.9% of the remaining match value balance (£1,000+), plus 5.9% of the value from (£400.01-£1,000.00), plus 7.8% of the value from (£200.01-£400.00), plus 9.8% of the value from (£0.01-£200.00) |
This fee is only charged to a SP if that SP's bid is accepted by the shipper. When a shipper accepts a bid, they pay a deposit which is in the amount of the success fee due from the SP. This deposit amount is transferred to the SP's account and then debited by Ship4You. We reserve the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees for a promotional period and such changes will be described on the web. All fees are quoted in GBP (£). You are solely responsible for all actions taken with your username and password, including fees. We recommend that you not disclose it to any third parties.
Go to topDeposits
When a user accepts a bid, they are required to pre-pay a deposit in the amount of the SP's referral fee (see Section 4). This deposit is collected by Ship4You and credited to the SP's Ship4You account. The deposit amount is then deducted from the total bid amount, and the shipper pays the balance directly to the SP.
Go to topCancellations and Refunds
A "cancellation" occurs on Ship4You when either member has to cancel AFTER a bid was accepted but BEFORE any services are performed. After a bid is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on Ship4You will not be performed. When you request a cancellation, the other member will be notified and will have 72 hours to respond by either:
If your request for cancellation is accepted by the other member, the accepted bid will be retracted and the shipment listing can be either re-listed or deleted. If your request is rejected by the other member, then it shall be sent to Ship4You for and a judgement will be made on whether allowing or not allowing the cancellation. In such a case, no further correspondence may be entered into, Ship4You's decision is final. If the other party does not reply within the 72 hour period, the cancellation and reason will be automatically accepted. Once a cancellation is accepted, the amounts associated with the shipper deposit will be refunded to the shipper.
Ship4You takes abuse of the cancellation process seriously. This includes submitting false/exaggerated reasons, attempting to retract accepted bids, or colluding with other members to abuse the procedure. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
Go to topNo agency
You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the Ship4You website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
Go to topRelease
Should you have a dispute with one or more Ship4You users, you release Ship4You, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Go to topShipping
As a shipper, you are obligated to complete the transaction with the SP if you accept the SP's bid, unless the transaction is prohibited by law or by this Agreement. By accepting a SP's bid, you agree to be bound by the conditions of the bid included in the bid details so long as the trip details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: the SP materially changes the bid details after your acceptance. The SP reserves the right to inspect your shipment before accepting it, and to refuse to transport any item prohibited by this Agreement or by law. We therefore recommend that you do not seal any item before inspection by the SP.
Go to topProhibited and Restricted Items
Prohibited and restricted items are hazardous/dangerous items that may pose danger to health, safety, or property while being transported (for example explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous items that cannot be transported through the mail or commercial carriers are not permitted on Ship4You. A limited number of hazardous goods can lawfully be transported depending on certain conditions (e.g. if they are properly packaged and labelled) may be listed on Ship4You - provided that the shipment listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. If you are unsure of the legality of your item, you can contact our customer services prior to listing.
Full responsibility rests with the shipment lister to comply with all laws and regulations that relate to the transportation of hazardous and restricted goods. Anyone who sends, or causes to be sent, a prohibited/restricted item or improperly packaged hazardous material can be subject to legal penalties.
Go to topTransportation
As a Service Provider, you must be legally able to transport the shipments you bid on. You agree that it is your sole obligation to comply with all laws, rules, licensing and regulations that may apply. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the Ship4You website exists for members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge. In the event, that you charge any "extra fees" (and we are made aware of this fact), Ship4You reserve the right to suspend or cancel your account at our sole discretion. If you bid on any shipment listing and your bid is accepted by the user, you are obligated to perform the services offered in your bid at the accepted bid price. You authorize Ship4You to charge the Ship4You success fee to your account when the user accepts your bid (see Fees above). We provide distance calculations and driving directions (or links to 3rd party driving directions) to SP's as part of our service. We are not responsible for the accuracy of this information. We therefore recommend that you verify with the shipper the information that we provide.
Go to topAccount Flagging System
The Ship4You is policed by Ship4You members via a flagging system. The flagging system is used to communicate the policies of the Ship4You User Agreement. Ship4You members are able to 'flag' certain texts that do not comply with this Agreement. White flags are located in areas that are able to be flagged, including: the bid details section, member profiles, and shipment listing information. To flag text, members click on the white flag following the text in question. The white flag will turn yellow and this yellow flag is then sent to the Ship4You team for review. Subsequent to review, the Ship4You team will either 'green flag' the text in question, meaning there was no violation, or a 'red flag' the text, meaning there was a violation and the content has been removed. A Ship4You member who receives a red flag on more than one occasion could be subject to suspension of their account.
Go to topInformation You Supply
You are solely responsible for any information you provide to Ship4You or other members in the registration, shipping, or transportation process. Your personal information and any shipment or trip listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing Ship4You referral fees. Information may not contain any viruses or other malicious software that may damage or interfere with our website. Furthermore, you may not list any shipment or trip on our site that, by paying to us a match fee, could cause us to violate any applicable law. You authorize Ship4You to use the information you supply to us in connection with our services and in accordance with this Agreement. We have no control over any communication, information and specifically over the contents provided by members. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve right to remove or restrict any communication or information that you post to the website that is in violation of this Agreement, illegal, threatening, or inappropriate.
Note, you expressly represent and warrant the following: (1) You are the owner, of any and all communication, content and/or information that you supply on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same. You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
- Will not violate UK law;
- Will not violate the terms of this Agreement;
- Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademarks;
- Will not contain obscene, lewd, suggestive content or pornography;
- Will not be libellous, harassing, threatening, or defamatory. This specifically includes making legal claims of any sort about Ship4You employees, suppliers, other members, or the marketplace itself;
- Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
- Will not scan or test the vulnerability or security of our website or the system within which it operates;
- Will not be used for commercial or public purposes outside of the requirements of this Agreement;
- Will not create liability for us in any manner whatsoever;
- Will not frame or link to our website without our written consent;
- Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
Go to topFraud
Ship4You may suspend or terminate your account if we is suspected that you have engaged in fraudulent activity in connection with our website. Members are not permitted to manipulate the bid prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include:
A. Fees
You shall NOT:
B. Manipulating feedback
A key component and integrity of the website is the ability of members to leave feedback about you and or your services (whether positive(4 or 5), neutral(2 or 3) or negative(1 or 0) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon those feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT:
Go to topOff-Site Communications
Ship4You prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the Ship4You site. Offers of this nature circumvent Ship4You's fees and are also a potential fraud risk for both shippers and SP's. Some examples of off-site offers include:
- Sending personal information, such as website addresses, fax numbers, phone numbers or email addresses, in Ship4You's message system, profile section, additional information sections, username, shipment listing, or shipment description.
- Using personal information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through Ship4You message system, profile section, additional information section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
Ship4You reserves the right to edit, or delete any personal information that members submit on our site. Ship4You reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
Go to topRight to Reject or Remove Members
We reserve the right to reject your participation, or remove you from your current participation, in the Ship4You website/service at any time and for any reason or for no reason and without notice to you.
Go to topAppeal for Reinstatement.
Upon your removal from the Ship4You website, you may appeal for reinstatement. Your appeal for reinstatement must include the following 1.A written statement as to why you should be reinstated 2.Your contact information. Your appeal will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of an appeal does not, in any manner, guarantee, that you will be reinstated. We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or justify our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
Go to topConfidentiality/Non-Disclosure
We may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited. All obligations contained herein shall survive the termination of this Agreement.
Go to topVAT
You are responsible for collecting and remitting any and all VAT associated with the transactions you complete through this site.
Go to topRecord Keeping/Audit
We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Go to topNon-solicitation
During the term of this agreement, you shall not solicit to employ nor employ our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
Go to topNo Convictions
You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a crime relating to delivery and transportation market. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
Go to topIdentity Verification
We use a number of techniques to help verify the identity of SP's when they register on our website although Ship4You cannot and will not confirm each service provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.
Go to topFeedback
For each Ship4You transaction, the shipper and SP are allowed to rate each other by leaving feedback. Feedback involves leaving star ratings (between 1 to 5 ), along with a short comment about your experience. Feedback scores are calculated when another member gives a star rating between 1 to 5. Each member's overall feedback score is the average of all ratings left.
If you attempt in any way to undermine the integrity of our feedback system in any way, or if you earn a feedback rating of 1 or lower your membership may be suspended. You acknowledge that your feedback consists of comments left by Ship4You members and a composite feedback number compiled by Ship4You. You agree that you will not use your Ship4You feedback in any venue other than Ship4You. Members are reminded to use caution and good judgement when leaving feedback for another member because members could be held legally responsible for damages to member's reputation if a court were to find that the remarks constitute libel or defamation. Ship4You does not censor feedback or investigate it for accuracy. Ship4You is also not legally responsible for the remarks that members post.
Go to topResolving Feedback Disputes
To maintain the integrity of the Ship4You feedback system, the feedback left for a member is permanent. Feedback comments cannot be edited at a later date. Members are therefore advised to resolve misunderstandings prior to leaving a feedback.
Go to topRemedies
Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal of your shipment listings, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our service to you.
Go to topNo Warranty
Ship4You, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions.
Go to topLimited Liability
In no event shall we, our employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our website, our services or this agreement however arising, including negligence. Our liability, and that of our employees and suppliers, to you or any third parties in any circumstance is limited to the lesser of the amount of fees you pay to us in the 6 months prior to the action giving a rise to liability, and £30.
Go to topIndemnity
You agree to indemnify and hold us and our directors, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
Go to topLegal Compliance
You shall comply with all applicable UK, EU and international laws, and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
Go to topDispute Resolution
Dispute between you and Ship4You regarding our services should be reported to Ship4You. We will attempt to resolve any disputes you have with us. Because we are a neutral venue(as explained above), we are not responsible for resolving any disputes between you and other members regarding services. If you report a dispute to Ship4You, we will make every effort to support both parties communicate, however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have dispute with you regarding the services and they request your contact information to settle the dispute. You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We advise you to report all member-to-member disputes to law enforcement agents or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving theft, fraud, or other criminal activities to law enforcement agencies.
Go to topProtection of Intellectual Property Content
The Ship4You website contains copyrighted material, inventions, know how, logos, phrases, names, or HTML Code("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Ship4You's sole property and we retain all rights, interests and title thereto. We also claim ownership rights under copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphical function" of this website including but not limited to its colour combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our(or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose.
Go to topTrademark and Domain Name Protection
The Ship4You website contains domain name or other indicia (collectively the "Marks") of ownership owned or licensed for use by us. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to the Marks.
Go to topSecurity
Ship4You uses industry standard practices to safeguard your personal information, including firewalls and Security Socket Layers. We utilize several different security techniques to protect data from unauthorized access although we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside our control.
Go to topLast Revised Date: Monday 11th May 2009
On this page
- Ship4You is a Neutral Site
- Membership
- Other Terms and Conditions
- Fees
- Deposits
- Cancellations and Refunds
- No agency
- Release
- Shipping
- Prohibited and Restricted Items
- Transportation
- Account Flagging System
- Information You Supply
- Fraud
- Off-Site Communications
- Right to Reject or Remove Members
- Appeal for Reinstatement.
- Confidentiality/Non-Disclosure
- VAT
- Record Keeping/Audit
- Non-solicitation
- No Convictions
- Identity Verification
- Feedback
- Resolving Feedback Disputes
- Remedies
- No Warranty
- Limited Liability
- Indemnity
- Legal Compliance
- Dispute Resolution
- Protection of Intellectual Property Content
- Trademark and Domain Name Protection
- Security
