TERMS AND CONDITIONS
UGotbox.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member's responsibility to review the UGotbox.com Terms and Conditions periodically as continued use of UGotbox.com's services will constitute the Member's acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of UGotbox.com.
UGotbox.com prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by UGotbox.com in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
I. USER GUIDELINES
You agree to adhere to the following guidelines when using this Website:
- You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent, abusive, offensive, inflammatory, objectionable, or unlawful material or information.
- You may not publish, post, advertise, distribute, disseminate, or upload any information that may infringe any patent, trademark, trade secret, copyright, or other intellectual property rights, or any rights to privacy or publicity, of any other person.
- You may not upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar malicious or harmful software, code, or programs that may damage the operation of another's computer or the Website.
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not access or attempt to access UGotbox.com's information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with the Website.
- You may not use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person's use of the Website, including their ability to engage in real time activities through the Website.
- You may not use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- You may not use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- You may not use any device, software, or routine that interferes with the proper working of the Website.
- You may not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
II. TERMS OF SERVICE
- UGotbox.com will provide the Member with a suite number at the Access USA facility in the United States at which the Member can have mail and/or merchandise delivered prior to export.
- UGotbox.com's services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member's direction, UGotbox.com arranges for export to the Member's specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. UGotbox.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by UGotbox.com will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail and packages will be sent. Members also authorize UGotbox.com as its agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.
- Members accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on behalf of an Access USA Member.
- The Member authorizes UGotbox.com to charge his/her payment method for all services and/or account activity with UGotbox.com. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
- If a Member's payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes UGotbox.com to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions. By way of example, if a Member has an outstanding invoice or invoices of $3,000 in the aggregate, the Company may either charge the Member's credit card (i) one time for $3,000, (ii) three times for $1,000 each or (iii) any other combination that in the aggregate equals $3,000.
- Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater
- UGotbox.com will allow Members to store their merchandise for up to 30 days at no charge. After 30 days the Member agrees to pay storage charges per box per day, consistent with UGotbox.com's current schedule of fees.
- Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials
- Insurance costs for shipments of merchandise are based on the insured value. Each US $100 of insured value costs US $2.99. The insured value is subject to the terms and conditions of the particular carrier's airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value
- Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by UGotbox.com. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to UGotbox.com is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by UGotbox.com for damage or loss caused to any items before delivery to UGotbox.com or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. UGotbox.com has an Inland Marine insurance policy, with a liability limit of $500,000. UGotbox.com does not maintain its own Aircraft Accident Liability Insurance coverage.
- Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to UGotbox.com by such Member, whether under these Terms and Conditions or otherwise (the "Secured Obligations"), hereby mortgages, pledges and hypothecates to UGotbox.com and grants to UGotbox.com a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to UGotbox.com.
- If a Member's account charges become delinquent for more than thirty (30) days, UGotbox.com may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
- Without limiting the generality of the foregoing, UGotbox.com may, without demand of performance or other demand, presentment, protest, advertisement or notice of any kind (except any notice required by law referred to below) to or upon a Member or any other person (all and each of which demands, defenses, advertisements and notices are hereby waived to the extent permitted by law), during the continuance of any account delinquency (personally or through its agents or attorneys), (i) enter upon the premises where any and all packages shipped by such Member to UGotbox.com are located, without any obligation to pay rent, through self-help to the extent permitted by law, without judicial process, without first obtaining a final judgment or giving a Member or any other person notice or opportunity for a hearing on UGotbox.com's claim or action, except as may be required by applicable non-waivable laws, (ii) collect, receive, appropriate and realize upon any such packages and (iii) sell, assign, convey, transfer, grant option or options to purchase and deliver any such packages, in one or more parcels at public or private sale or sales, at any exchange, broker's board or office of UGotbox.com or elsewhere upon such terms and conditions as it may deem advisable and at such prices as it may deem best, for cash or on credit or for future delivery without assumption of any credit risk, in each case, subject to applicable non-waivable laws. UGotbox.com shall have the right, upon any such public sale or sales and, to the extent permitted by the Uniform Commercial Code and other applicable laws, upon any such private sale, to purchase the whole or any part of such packages so sold, free of any right or equity of redemption of a Member, which right or equity is hereby waived and released.
- Title to any items that cannot be exported after arrival at the UGotbox.com facility will be forfeited by the Member. UGotbox.com will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
- The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the Access USA warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer's location to the Access USA warehouse.
- Each package received by UGotbox.com with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with UGotbox.com's current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member's unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
- All invoices past due for more than thirty (30) days will be assessed a flat fee plus a percentage per month late charge consistent with UGotbox.com's current schedule of fees. Personal Shopper orders past due for more than fifteen (15) days will be assessed a flat fee plus a percentage per month late charge, consistent with UGotbox.com's current schedule of fees, for each 15 day period that an order remains past due.
- The Member's UGotbox.com suite number is to be used only for package consolidation purposes. The Member will not represent that its UGotbox.com suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its UGotbox.com suite number is the address of the Member's place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member's UGotbox.com account.
- The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that UGotbox.com is not responsible for any action taken by the seller with respect to the Member's order as a result of the seller's terms and conditions of sale.
- The Member also is responsible for informing the seller that any merchandise purchased and sent to UGotbox.com's facility ultimately will be exported out of the United States.
This merchandise will be exported from the United States with the assistance of a package consolidator. By completing this transaction, you agree to be bound by the terms and conditions of the consolidator, which are available at www.123buyusa.com.
Information UGotbox.com May Collect on the Website
We collect several types of information from and about you when you access and use the Website, including the following
Non-Personal Information. When you visit the Website, we may collect non-Personal information about you automatically as you navigate through the Website via certain Internet technology tools, including cookies, web beacons, and other tracking technologies. "Non-Personal information" we may collect includes, for example, details about how you use the Website, what Website features you access, information regarding the type of browser and operating system that you use, what website you linked from to the Website, other websites you have visited, and other similar analytic data. Non-Personal information also includes Personal or non-Personal information that has been aggregated or anonymized/deidentified in such a way that you cannot easily be identified individually. We may use third party service providers to assist us in collecting and analyzing non-Personal information or to provide advertisements or other content on the Website.
Personal Information. We may collect Personal information: (1) when you provide it to us directly, including through forms on the Website (including, for example, when you register for our service, purchase a membership, use our services, or otherwise); (2) when you send us an email or contact us using the Help page or Live Chat; and (3) from third-party service providers who assist us in collecting and analyzing Personal information.
The providers of third-party apps, tools, widgets and plug-ins on our Website also may use automated means to collect information regarding your interactions with these features. This information is subject to the privacy policies or notices of those providers, and UGotbox.com is not responsible for these providers' information policies.
If you elect to post any information to publicly-accessible areas of the Website, you hereby grant to UGotbox.com a perpetual, worldwide, irrevocable, fully-paid-up, royalty-free, nonexclusive license to use, reproduce, copy, modify, publish, distribute, perform, display, and create derivative works from such information (in whole or part) for any reason whatsoever.
How We Use the Information We Collect
We use Personal and non-Personal information:
- To determine how much traffic the Website receives, to statistically analyze Website usage, to diagnose technical and service problems, to improve Website content, to customize the Website's content, layout and services, and to otherwise provide the Website to you and other users;
- To process payments and complete transactions;
- To provide you with information regarding transactions or to otherwise contact you regarding administrative notice and communications related to your use of the Website;
- To send an initial, one-time greeting, to send you notices with respect to receiving and shipping your packages, to occasionally email you notifications of any announcements at UGotbox.com, and to send newsletters or special offers to members if you have requested that service;
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- To fulfill the purpose for which you provide it;
- To comply with applicable legal requirements and our policies;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
We do not sell, rent, or loan our email lists to outside firms.
We may retain the content of any emails or messages you send us, and your name, your email address, and our response in order to handle any follow-up questions you may have. We may also use this information to measure how effectively we address your concerns.
Information Sharing And Disclosure To Third Parties
Non-Personal Information. Because non-Personal information does not identify who you are, we may share or disclose such information without restriction. For example, we may share or disclose non-Personal information with our affiliates, suppliers, employees and agents, other businesses, and the government.
Personal Information. UGotbox.com may share or disclose your Personal information:
- To affiliated companies or other trusted businesses or persons who work on behalf of or with UGotbox.com. UGotbox.com may use third party service providers to host the Website or perform other Website functions, to help UGotbox.com administer our business, or to communicate with you about offers or other information relevant to your relationship with UGotbox.com. For example, we may provide your payment and financial information to third party service providers to process your payments and complete your transactions. All such third parties are subject to confidentiality obligations and are contractually obligated to maintain adequate security measures to protect your information;
- In response to subpoenas, to law enforcement or government officials for any reason, court orders, regulatory requests, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- If UGotbox.com believes it is necessary or appropriate to share information in order to investigate, prevent, or take action regarding suspected illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law;
- With a potential acquirer or buyer, if UGotbox.com becomes involved in a merger, acquisition, divestiture, restructuring, reorganization, dissolution, or any form of sale of some or all of its assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding;
- To fulfill the purpose for which you provide it;
- As otherwise may be disclosed at the point of collection; and
- For any other purpose with your consent.
Transfer of Personal Information to the United States
We may transfer the Personal information we collect about you to countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Notice and in accordance with applicable law. We use contractual protections for the transfer of Personal information among various jurisdictions (including, for example, the European Commission's standard contractual clauses).
You may be able to disable cookies or other tracking technologies through which we collect information about you by adjusting your browser preferences on your computer; however, doing so may limit your ability to take advantage of all of the features of the Website.
Upon written request and verification of your identity, we will provide you with your Personal information in our possession. You may request such information by contacting us as described below. You may also update or correct your Personal information in our possession by contacting us as described below.
Access, Correction and Deletion
Subject to applicable law, (i) you may obtain a copy of certain Personal information we maintain about you or update or correct inaccuracies in that information through your UGotbox.com account on UGotbox.com (ii) you may have the right to obtain access to Personal information we maintain about you; or (iii) for certain Personal Information we hold about you to be deleted. Please note that if you request we delete your information, that deletion may not happen immediately. We may retain your Personal information subject to our reasonable business or legal requirements to do so, including, for example, to comply with requests from law enforcement.
Links to or from Third Party Websites
You may have the opportunity to follow a link to other websites that may be of interest to you from this Website. UGotbox.com endeavors only to link to reputable organizations related to your areas of potential interest, but these websites may not be hosted or controlled by UGotbox.com and UGotbox.com is not responsible for the privacy practices of those websites or the content provided thereon. Please review the privacy policies and practices of those websites before following such links.
Our website contains affiliate marketing links, which means we may be paid commission on sales of those products or services. UGotbox.com is not responsible for those products or services or the privacy practices of those affiliates; you should contact those affiliates directly if you have questions or concerns about their privacy practices, products, or services.
UGotbox.com takes security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of your Personal information. These measures include internal reviews of UGotbox.com's practices and security measures, including a review of UGotbox.com's encryption and physical security measures to guard against unauthorized access to systems where UGotbox.com stores Personal information. Due to the nature of the Internet and online communications, however, we cannot guarantee that any information transmitted online will remain absolutely secure or confidential, and we are not liable for the acts of third parties, such as hackers who circumvent our security and privacy measures. The security of your Personal information also depends on you. You are responsible for maintaining the confidentiality of your username, suite number, password, and other login credentials. UGotbox.com recommends that you do not share that information with third parties. We also recommend that you be careful not to post any Personal information in public areas of the Website, such as the Blog, as that information may be viewed by other users or third parties that you do not know.
Children Under the Age of 13
UGotbox.com is committed to protecting the privacy of children. UGotbox.com does not knowingly collect Personal information from children under the age of 13. If you are under 13, you may not use or provide any information to us through the Website. If a child under 13 provides us with Personal information without parental or guardian consent, the parent or guardian may contact us as described below, and we will remove the information.
Information We Obtain
We process names, email addresses and telephone numbers of others to whom we are asked to send information on the assumption that the person who provided the information obtained it in accordance with applicable law. If this assumption is incorrect, please do not ask us to send information to third parties on your behalf.
We may need certain of your Personal information in order to provide services, such as street addresses to deliver packages, or to use our website or our apps, such as your IP address. In addition, we may be required by law to collect certain information, such as whether a package contains hazardous materials. Where such information is so required, we may be unable to provide you with our services unless you provide us with this information.
In accordance with applicable law, we may obtain your consent separately before collecting information by automated means using cookies or similar devices.
How We Use The Information We Obtain
The legal bases for which we collect, use, transfer or disclose your Personal information include (i) the performance of the contract we have with you, (ii) marketing, improvement of our services and other legitimate business interests, (iii) compliance with a legal obligation, and (iv) the protection of yours and others' vital interests. The corresponding purposes for which we process your Personal information are systematically included in the "How We Use the Information We Collect" section in the Privacy Notice above.
We may process your Personal information based on your consent, where required by law, particularly in relation to additional services we provide, including providing information to you through direct marketing If we request your consent, we will inform you of the intended purposes for which your information will be processed. You are free to withdraw your consent at any time, but please note that if you choose to withdraw your consent, you may not be able to participate in or benefit from our programs, services and initiatives for which you provided consent. We also may use the information we obtain about you in other ways, but limited to those for which we provide specific notice at the time of we collect your Personal information.
Your Personal information will not be stored for longer than is necessary to achieve the purposes for which it was collected or as required under applicable retention policies and/or in accordance with applicable law. Our retention policies reflect local statute of limitation periods, law enforcement obligations, and national statutory obligations of UGotbox.com.
Your Personal Information Rights
In addition to the right to access and correction, as specified above (under "Access, Correction and Deletion" in the main body of this Notice), you have (i) the right to request the transmission of the Personal information you have provided to us to you or another company, (ii) the right to object to any uses or disclosures of your Personal information, (iii) the right to withdraw your consent in relation to our processing of your Personal information based on your consent, (iv) the right to request deletion of your Personal information, subject to the limitations on this right as referenced under "Access, Correction and Deletion" above, and (iv) the right to request that we restrict processing of your Personal information, in each case in accordance with applicable law.
You may exercise these rights free of charge unless the request is unfounded, excessive, or otherwise unreasonable, for instance because it is repetitive. In some situations, we may refuse to act or may impose limitations on your rights, as permitted by law. Before UGotbox.com is able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and/or provide other details to help us respond to your request. For the exercise of your rights, please contact us using the contact information provided above in the "How to Contact Us" section. In all cases, you have a right to file a complaint with a Data Protection Authority.