Shipbubble Acceptable Products and Use Policy
Shipbubble Merchant Terms of Service
As used in these Terms, “You” and “your” mean the person or business using or accessing the Services and any of their affiliates. “We,” “us,” and “our” mean Shipbubble and its successors, assignees, and affiliates (where applicable).
Shipbubble is a technology company that provides businesses and individuals access to bespoke local and cross-border shipping solutions. We work with a range of carriers and marketplaces to provide a seamless and reliable delivery experience across Africa. Our software is designed to be flexible and scalable, catering to the unique needs of each customer.
Shipbubble's mission is to help online retailers of all sizes in Africa succeed by providing them with the tools and resources they need to streamline their shipping operations and deliver a world- class experience to their customers.
Shipbubble provides a post-purchase delivery platform for users of all sizes. Among other features, our platform has a range of features including shipping label creation, real-time shipping rates, tracking, and delivery confirmation. Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time on our Website.
We are an independent contractor for all purposes, providing the Website and our Services on an independent service provider basis.
Content published on the Website (digital downloads, images, texts, graphics, logos etc.) is the property of Shipbubble unless otherwise indicated. The entire compilation of the content found on the Website is the exclusive property of Shipbubble, with copyright authorship for the compilation by Shipbubble.
“Your Content” means any audio, video, text, images, or other material you choose to display on the Website or our Services. By displaying Your Content, you grant Shipbubble a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any media.
Your Content must be your own and must not be invading any third-party's rights. Shipbubble reserves the right to remove any of Your Content from the Website at any time without notice.
You are however responsible for Your Content. This means you assume all risks related to it, including someone else’s reliance on its accuracy or claims relating to intellectual property or other legal rights. You agree that you will indemnify, defend and hold harmless Shipbubble for all claims resulting from Your Content. But we reserve the right to assume the exclusive defence and control of such disputes, and in any event, you will cooperate with us in asserting any available defences.
You are specifically restricted from any or all of the following:
publishing any Website material in any other media;
selling, sublicensing or otherwise commercializing any Website material;
using the Website in any way that is or may be damaging to the Website, Services or Shipbubble;
using the Website in any way that adversely impacts user access to this Website;
using the Website contrary to applicable laws and regulations, or in any way which may cause harm to the Website, or any person or business entity; and
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Website.
We reserve the right to suspend or restrict access to our Website, to areas of our Website or functionalities on our Website at our absolute discretion. We may, for example, suspend access to the Website during server maintenance or when we update the Website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
You must not (a) use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, accessibility, integrity or security of the Website; (b) use our Website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) hack or otherwise tamper with our Website; (d) probe, scan or test the vulnerability of our Website without our permission; (e) circumvent any authentication or security systems or processes on or relating to our Website; (f) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (g) impose an unreasonably large load on our Website resources (including bandwidth, storage capacity and processing capacity); (h) decrypt or decipher any communications sent by or to our website without our permission; (i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent; (j) access or otherwise interact with our Website using any robot, spider or other automated means, except for the purpose of search engine indexing; (k) use our Website except by means of our public interfaces; (l) violate the directives set out in the robots.txt file for our Website; (m) use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or (n) do anything that interferes with the normal use of our Website.
Our website and Services are not directed to children under 18 years of age. We do not knowingly transact or provide any Services to children under 18 years of age.
You are independently responsible for complying with all applicable laws related to your use of our Website and Services. However, by accessing or using our Services, you agree to comply with the terms and conditions of our Acceptable Products and Use Policy which you can read on our Acceptable Use Policy page.
THE WEBSITE, ALL THE MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND THE SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, EXCEPT OTHERWISE EXPRESSLY SPECIFIED IN WRITING. WITHOUT PREJUDICE TO THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE WEBSITE OR SERVICES WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL; OR (B) THE INFORMATION ON THE WEBSITE OR THE SERVICES IS COMPLETE, TRUE, ACCURATE OR NON-MISLEADING. WE WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH THE WEBSITE OR SERVICES.
Shipbubble does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Whilst we make every effort to keep the materials and information on the Website accurate, we disclaim any warranty or representation, expressed or implied about the material’s and or information’s (or the Website’s) accuracy, completeness or appropriateness for a particular purpose. Thus, by using the Website or the Services, you assume full responsibility for using the materials and information on this Website and you understand and agree that neither we nor our suppliers, employees, managers, or directors are responsible or liable for any claim, loss, damage, costs or expenses whatsoever resulting from its use.
We also recommend that you install appropriate defences against viruses and other malware before you download any information from the Website or Services. We will accept no liability for any virus or malware contracted as a result of visiting the Website or any website or using the Services and will not be liable for any claim, loss, damage, costs or expenses whatsoever suffered or incurred by any person as a result of the presence of any virus or malware on the Website, Services or another website or mobile application.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW. SUBJECT TO THIS QUALIFICATION, SHIPBUBBLE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY SHIPBUBBLE AT THE TIME OF ENTERING INTO THESE TERMS. AND IN NO EVENT SHALL SHIPBUBBLE’S CUMULATIVE LIABILITY EXCEED THE TOTAL PRICE PAID BY YOU FOR THE RELEVANT SERVICE AND IF NO PAYMENT HAS BEEN MADE BY YOU, SHIPBUBBLE’S CUMULATIVE LIABILITY SHALL NOT EXCEED 10,000 NAIRA.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Shipbubble may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Shipbubble’s liability shall be the minimum permitted under such applicable law.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Shipbubble, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and or all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) caused by, arising out of or resulting from your acts or omissions of negligence or wrongdoing or your breach of any of these Terms.
We may terminate or suspend access to any or all parts of our Services immediately, without prior notice and liability, for any or no reason whatsoever, including without limitation for breach of the Terms.
We also reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any change may have on you, including your income or ability to generate revenue through the Services.
All provisions of the Terms which by their nature should survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, shall survive termination.
You acknowledge that we do not confirm the identity of all Website or Services users, check their creditworthiness or bona fides, or otherwise vet them.
We reserve the right to discontinue or alter any or all of our Services and to stop publishing our Website, at any time in our sole discretion without notice or explanation. We do not guarantee any commercial results concerning the use of the Website or Services. To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Website and the use of our Website and Services.
These Terms, together with the documents it expressly incorporates by reference and the documents those documents expressly incorporate by reference (the “Agreements”), constitute the entire agreement between Shipbubble and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Shipbubble and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade, or by custom or usage.
You can contact us by email at firstname.lastname@example.org or through Shipbubble Support.
You agree to use our Services according to this Acceptable Products and Use Policy (“Product Policy” or “AUP”) and in compliance with all applicable laws and regulations.
Please note that carriers, insurance policies, destinations, and jurisdictions may have additional limitations, prohibitions, or fees beyond those of this Product Policy, for which you are solely responsible.
The following products are prohibited:
Child exploitation: Products that exploit or abuse children, including, but not limited to, images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
Hateful, violent, or discriminatory content: Products that promote hate, violence, or discrimination against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition, or veteran status.
Illegal activities: Products that contravene, or that facilitate, or promote activities that contravene, the laws or regulations of the jurisdictions in which you operate or do business or to which your product is to be shipped or stored, including the jurisdictions in which our warehouses are holding any of your products in inventory.
Intellectual property: Products that infringe or may infringe on the patent, copyright, trademark, or other intellectual property rights of others.
Malware: Products which contain or which are intended to transmit viruses or other malware or which are designed or intended to illegally or in an unauthorized manner gain entry to, harm, or disrupt the data or operation of our or a third party’s computing devices, networks, systems, infrastructure, or the like.
Personal information: Products that contain personally identifiable information, or confidential information, such as, but not limited to, credit card numbers, confidential national ID numbers, account passwords, medical records, employment records, or the like, unless you have prior written consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
Restricted items: Products that are, or appear to be, restricted by law or regulation, including products that require specific licenses to store or distribute, including, but not limited to, live plants and animals, alcoholic beverages, prescription pharmaceuticals, ammunition and firearms, tobacco, and explosive and/or hazardous products.
Self-harm: Products that promote self-harm.
Terrorist organizations: Products that imply or promote support or funding of, or membership in, a terrorist organization.
Any violation of this Product Policy voids any implied or express warranties and also violates our Terms. Shipbubble may, at any time and without notice, remove any products, and/or suspend or terminate your account, or your access to the Services if your products violate the letter or spirit of this Product Policy, and we may also do so if you engage in activities inside or outside of your use of the Services that violate this Product Policy. Additionally, if your account is permanently limited for violating this Product Policy, you may be barred from future use of Shipbubble and its services, and you may not be permitted to directly or indirectly open new or additional Shipbubble accounts on behalf of yourself or others.
Shipbubble has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the Shipbubble Merchant Terms of Service, or any other agreement between you and Shipbubble governing your use of the Services (collectively, the “Agreements”).
Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.
If you become aware of any product for which we provide our Services that may violate this Product Policy, please contact us at email@example.com so that we can review the product, although we are not obliged to take any action on a given product.
In our mission to make commerce better for everyone at Shipbubble, we collect and use information about you, our
merchants using Shipbubble to power your business
visitors to Shipbubble’s websites, or anyone contacting Shipbubble support
We generally process your information when we need to do so to fulfill a contractual obligation (for example, to process your subscription payments to use the Shipbubble platform), or where we or someone we work with needs to use your personal information for a reason related to their business (for example, to provide you with a service). Some legal systems call these reasons “legitimate interests.” These “legitimate interests” include:
preventing risk and fraud
answering questions or providing other types of support
helping merchants find and use products
providing and improving our products and services
providing reporting and analytics
testing out features or additional services
assisting with marketing, advertising, or other communications
We only process personal information for these “legitimate interests” after considering the potential risks to your privacy — for example, by providing clear transparency into our privacy practices, offering you control over your personal information where appropriate, limiting the information we keep, limiting what we do with your information, who we send your information to, how long we keep your information, or the technical measures we use to protect your information
One of the ways in which we are able to help merchants using Shipbubble is by using techniques like “machine learning” (some legal systems refer to this as “automated decision-making”) to help us improve our Services. When we use machine learning, we either: (1) still have a human being involved in the process (and so are not fully automated); or (2) use machine learning in ways that don’t have significant privacy implications.
We may process your personal information where you have provided your consent, in particular, where we cannot rely on an alternative legal basis for processing, where your data is sourced and it already comes with consent or where we are required by law to ask for your consent in the context of some of our sales and marketing activities. At any time, you have a right to withdraw your consent by changing your communication choices, opting out from our communications or contacting us.
The personal data we collect depends on how you interact with us, the Services you use, and the choices you make. We may collect information from different sources and in various ways, including information you provide directly, information collected automatically, third-party data sources, and data we infer or generate from other data.
Shipbubble collects the following broad categories of information –
Information provided to us by you;
Information about your transactions;
Information from third parties; and Shipbubble;
Information automatically collected.
Information provided to us by you
As a User, we will also ask you to create login information for your Shipbubble account, such as a username and password. When you provide your mobile phone number, we may ask for your consent for us to send you text messages relating to our Services on that number.
Generally, we collect Personal Information you give us by filling in forms or by communicating with us by phone, email, social media posts and messages, and other mediums.
Information about your transactions
We collect Personal Information about your transactions with us and others through our Services.
Information from third parties
We also collect Personal Information about you from other companies or entities. For instance, we may receive Personal Information about you from a consumer reporting agency or we may collect Personal Information from your employer where your employer is providing a service to Shipbubble or is using any of our Services.
We may collect your Personal Information from a User where your Personal Information is filled in a Next-of-Kin form.
Information automatically collected
Information that we automatically collect in connection with your access or use of our Services may include:
Device Information: We may collect Device-specific information (such as hardware model, operating system version, unique Device identifiers, and mobile network Information, including your mobile phone number). We may associate your Device identifiers or mobile phone number with your Shipbubble account.
Log Information: We may record or log information from your Devices, their software, and your activity accessing or using our Services. This information may include:
The Device's Internet Protocol (IP) address;
Identification numbers associated with your Devices;
Device event information, such as crashes, system activity, and hardware settings; Shipbubble;
Date and time stamps of transactions;
System configuration information; and
Other interactions with our Services
Beyond your right to opt out of our processing of your Personal Information, you also have the option of exercising any of the below rights with respect to your Personal Information:
Request correction of your Personal Information
Request access to your Personal Information
You can ask us whether we are storing your Personal Information and you can ask to receive a copy of that Personal Information. Before sending you any Personal Information, we will ask you to provide proof of your identity. If you are not able to provide proof of your identity, we reserve the right to refuse to send you any Personal Information. We will respond as quickly as we can to your requests for details of Personal Information we hold about you.
Request us to refrain from doing certain things with your data or restrict the extent of our collection or processing of your data.
You may object to the processing of your Personal Information where you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your Personal Information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request partial or complete erasure of your Personal Information.
You may request for us to delete or remove Personal Information where there is no good reason for us to continue processing it. You also have the right to ask us to delete or remove your Personal Information where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your Personal Information to comply with local law. Note however that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Request the transfer of your Personal Information to another party.
You possess the right to request us to transfer your Personal Information to third parties in limited circumstances. But we may not always be able to comply with your request of transfer for specific legal or other reasons which will be notified to you, if possible. You may also object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you.
Your request will be reviewed and answered by Shipbubble’s Data Protection Officer within a 30-day period.
We have suitable security measures in place to prevent your Personal Information from being accidentally lost or used or accessed in an unauthorised way by a third party. When your bank account information is transmitted via our Services, it will be protected by encryption technology, such as Secure Sockets Layer (SSL). In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your Personal Information on our instructions. We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We require our third-party service providers that receive Personal Information from us to have, a comprehensive written information security program that contains administrative, technical, and physical safeguards for our respective computer systems, databases, and communications networks that are reasonably designed to protect information contained within such systems from loss, misuse, or alteration. But no method of electronic transmission or storage is 100% secure. Therefore, we cannot guarantee absolute security of your Personal Information. You also play a role in protecting your Personal Information. Please safeguard your username and password for your Shipbubble Account and do not share them with others. If we receive instructions using your Shipbubble Account login information, we will consider that you have authorized the instructions. You agree to notify us immediately of any unauthorized use of your Shipbubble Account or any other breach of security. We reserve the right, in our sole discretion, to refuse to provide our Services, terminate Shipbubble Account, and to remove or edit your content.
Subject to applicable law, which might, from time to time, oblige us to store your Personal Information for a certain period of time, we will retain your Personal Information for as long as is necessary to fulfil the purposes we collected it for, including the purposes of satisfying any legal, accounting, or reporting requirements.
We retain Personal Information about you for as long as you have a Shipbubble Account with us or as otherwise necessary to provide you Services. In some cases, we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes, or as otherwise permitted or required by applicable law, rule, or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information, and whether we can achieve those purposes through other means, and the applicable legal requirements. We will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain the data for a longer period.
Our Services are not directed, or intended to be attractive, to children under the age of eighteen (18). We do not knowingly collect Personal Information from children under the age of 18. If you are under the age of 18, do not use our Services or submit any information to us.
By signing up for an account on the Website and accessing our Services, you are deemed a merchant (“Merchant”) and agree to these Merchant Terms of Service (the “Agreement” or “Terms of Service”).
You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in this Agreement before you may sign up for a Shipbubble Account or use any Shipbubble Service. By using or accessing the Services, you represent that you have read and understood them and you agree to be bound by them.
Shipbubble’s “Services” include: (a) providing technology solutions to support the receipt, counting, storage, picking and packaging (“fulfillment”) of physical goods sold by you (the “Goods”) pursuant to your order (“Order”) by Shipbubble or by third-party fulfillment or warehouse providers (“SFN Providers”) using the Shipbubble’s proprietary Warehouse Management System (“WMS”) at Shipbubble or SFN Provider facilities (collectively, “Shipbubble Facilities”); (b) providing technology solutions to support the shipment of the Goods by independent third-party carriers (“Carriers”); ( c) access to Shipbubble’s proprietary platform and associated technology for purposes of managing Goods, submitting Orders for Goods and fulfilling Orders (the “Shipbubble Platform”); and (d) all data, reports, text, images, sounds, video, and content, including any offline reports, pricing matrices, or other content, made available to you through any of the foregoing, including, in each case, all modifications and updates.
Unless otherwise specified, the Services on the Website are presented solely for the purpose of Order fulfillment in Nigeria. We make no representation that products or services on the Website are appropriate or available for use in other locations or countries other than Nigeria. Those who choose to access the Website from other locations or countries outside Nigeria do so of their own volition and we will not be responsible for the availability or unavailability of Services in other locations or countries other than Nigeria, compliance with local laws, if and to the extent local laws are applicable.
As your Goods may be commingled with the Goods of other merchants, you are not permitted to enter Shipbubble’s Facilities or access your Goods while stored at a Shipbubble Facility, without prior express written consent of Shipbubble. If you are granted access, you will be monitored during the access period and your access can be terminated at Shipbubble’s discretion.
You understand and agree that the Shipbubble Platform connects you with Carriers who are responsible for the actual shipping of your Goods. Shipbubble shall use our proprietary technology to find the best available shipping option with a Carrier based on the dimensions, desired speed, and final destination of the Order. Unless otherwise stated, Shipbubble is not a carrier and does not ship your Goods, nor do the Services include any shipping services.
Shipbubble will help facilitate the filing of claims with Carriers for Goods that are lost or damaged by a Carrier, but Shipbubble is not responsible for any loss or damage caused by a Carrier.
Shipbubble will use commercially reasonable efforts to facilitate each Carrier’s agreement that such Carrier: (a) has the necessary approvals, authorities, licenses, and insurance to provide the shipping services; (b) will comply with all federal, state, provincial, and local laws, regulations, and ordinances including, but not limited to, safety laws and regulations and ( c) will maintain insurance as required by law. Notwithstanding the foregoing, Shipbubble will not assess or guarantee the suitability, legality, or ability of any Carrier. You agree that Shipbubble is not responsible or liable for the Carriers’ performance of the shipping services and you agree that Shipbubble does not guarantee any Carriers’ compliance with applicable laws or regulations.
You are solely responsible for the accuracy and deliverability of Order shipping addresses. Shipbubble has no obligation to verify any shipping addresses provided by you and reserves the right to put the Order on hold if addresses cannot be validated. If Shipbubble provides an Order shipping estimate based on an address later discovered to be inaccurate, incomplete, or undeliverable for any reason you are solely responsible for any applicable address correction fees, any difference in Carrier shipping cost, costs for return transportation, and any other costs. Examples of discrepancies for which you are responsible include but are not limited to, incomplete addresses, incorrect addresses, undeliverable addresses, commercial/residential address status, and rural address status.
You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
Notwithstanding the foregoing, Shipbubble may act as the carrier for certain shipments. In such cases, the following terms will apply:
Shipbubble will be responsible for the transportation of the shipment from the pickup location to the delivery location.
Shipbubble will use reasonable care in transporting the shipment, but will not be liable for any loss or damage to the shipment unless caused by Shipbubble's gross negligence or willful misconduct.
Shipbubble will not be liable for any delays in delivery caused by factors beyond its control, such as weather, traffic, or customs delays. Shipbubble;
Shipbubble will provide you with a tracking number for the shipment. You are responsible for tracking the shipment and contacting Shipbubble if you have any concerns about the delivery.
In the event of a loss or damage to a shipment, you must file a claim with Shipbubble within 7 days of the date of delivery. Shipbubble will investigate the claim and respond to you in writing within 14 days of receiving the claim. If we determine that the claim is valid, we will provide you with a remedy in accordance with these Terms of Service.
To the fullest extent permitted by law, Shipbubble's liability for any loss or damage to a shipment shall be limited to the declared value of the shipment or the actual product value of the shipment, whichever is less, subject to the Damages Cap set forth in these Terms of Service. Shipbubble shall not be liable for any special, indirect, incidental, or consequential damages, including lost profits or lost business opportunities.
Shipbubble does not warrant that the shipment will be delivered on time or without damage. Shipbubble is not liable for any late deliveries and any loss or damage to the shipment caused by factors beyond its control.
All other terms and conditions of this Agreement shall remain in full force and effect, and shall apply to the extent relevant and consistent with the role of carrier, except as otherwise expressly set forth in this clause. For the purpose of this paragraph, the term "Services," as used in other clauses of this Agreement, shall be construed to refer to or include (as appropriate) carrier services provided by Shipbubble when it acts in the capacity of a carrier.
To access and use the Services, you must register for a Shipbubble account (“Account”). To complete your Account registration, you must provide us with your full legal name, business name, a valid email address, and any other information indicated as required (collectively, “User Information”). Shipbubble may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your Shipbubble Account.
You hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation that helps us verify your identity and any User Information. By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your User Information from any institution, persons, authorities and other third-party websites and databases as necessary to provide the Services to you.
For purposes of the authorization referred to in clause 3.3, you hereby grant Shipbubble and our third-party service providers a limited power of attorney, and you hereby appoint Shipbubble and our third-party service providers as your true and lawful attorney-in-fact and agent, with the full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. You acknowledge and agree that when Shipbubble or our third-party service providers access and retrieve information from such third-party websites, Shipbubble and our third-party service providers are acting as your agent, and not the agent or on behalf of the third party. You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you.
You acknowledge that Shipbubble will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Shipbubble and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Shipbubble can only be authenticated if they come from your Primary Email Address.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You are responsible for keeping your password secure. Shipbubble cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You therefore agree to (a) keep your password confidential, and (b) be responsible for any activity on your Account arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure. Your Shipbubble Account shall be used exclusively by you and you shall not transfer your Shipbubble Account to any third party. If you authorize any third party to manage your Shipbubble Account on your behalf, this shall be at your own risk.
You understand that technical support in respect of the Services is only provided to Shipbubble Users.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use the Services, or access the Services without the express written permission of Shipbubble. You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, including processing orders outside Shipbubble’s Checkout, using any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services. You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Shipbubble or its affiliates.
We may suspend or cancel your Shipbubble Account or edit your Shipbubble Account details, at any time in our sole discretion and without notice or explanation, provided that if we cancel any Services you have paid for but have not received, and you have not breached this Agreement, we will refund you in respect of the cancelled order.
Subject to clause 4.2, the person signing up for the Services by opening an Account will be the contracting party (“Shipbubble User”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Shipbubble User in connection with the Service.
If you are signing up for the Services on behalf of your employer, your employer will be the Shipbubble User. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The Shipbubble User is responsible for: (a) ensuring its employees, agents and subcontractors comply with these Terms of Service; and (b) any breach of these Terms of Service by the Shipbubble User’s employees, agents or subcontractors. The Shipbubble User acknowledges and agrees that the Shipbubble User will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Shipbubble User.
The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Shipbubble employee, member, or officer may result in immediate Account termination.
We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Shipbubble employees and contractors may also be Shipbubble customers or merchants and that they may compete with you, although they may not use your Confidential Information (as defined in clause 17) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include but is not limited to, a scanned copy of your business license, government-issued photo ID, the last four digits of the credit card on file, or confirmation of your status as an employee of an entity.
Shipbubble reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Shipbubble User. If we are unable to reasonably determine the rightful Shipbubble User, without prejudice to our other rights and remedies, Shipbubble reserves the right to temporarily suspend or disable an Account until a resolution has been reached between the disputing parties.
The foregoing rights are not exhaustive of Shipbubble’s rights.
Subject to the terms and conditions of this Agreement, you may access and use the Services only for lawful purposes. All rights, title, and interest in and to the Services (including all intellectual property rights) will remain with and belong exclusively to Shipbubble. You shall not: (i) sublicense, resell, rent, lease, transfer, assign, timeshare, or otherwise commercially exploit or make the Services available to any third party; (ii) use the Services in any unlawful manner (including without limitation in violation of any data, privacy, or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services; or (iii) modify, adapt, or hack the Services, or otherwise attempt to gain unauthorized access to the Services or related systems or networks. You shall comply with any codes of conduct, policies, or other notices Shipbubble provides you or publishes in connection with the Services, and you shall promptly notify Shipbubble if you learn of a security breach related to the Services.
You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your Account or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
It is Merchant’s expressly assumed obligation to ensure that all Merchant documentation specifically, separately, and correctly addresses any Legal Requirements (as defined below) related to Merchant’s Goods, the shipping requirements applicable to the Goods, and the instructions required by Merchant that arise under this Agreement which apply to Merchant. The term “Legal Requirements” shall mean all present and future laws, statutes, ordinances, requirements, orders, directions, rules, and regulations of any kind or nature, whether statutory or common law, including, without limitation, all environmental and safety laws, issued or enforced by any federal, state, provincial, or local authority or agency, which governs or applies in any way to the Goods provided by Merchant or the shipping requirements applicable to the Goods that arise under this Agreement. To the extent there are Legal Requirements or requirements for storage or handling related to Merchant’s Goods about which Shipbubble must know and with which it must comply in order to properly perform the Services or otherwise meet its obligations under and pursuant to this Agreement, Merchant shall make Shipbubble aware of any and all such Legal Requirements in writing no less than sixty (60) days prior to the enactment of such Legal Requirements, particularly to the extent such Legal Requirements relate specifically to the safeguarding, receiving, storing, and handling of Merchant’s goods. Moreover, in the event and to the extent compliance with any Legal Requirement(s) either prevents Shipbubble from performing the Services or materially increases Shipbubble’s cost(s) to perform such Services, all in accordance with the terms of the Agreement, Shipbubble shall be excused from such performance without sustaining any liability therefor.
You agree to use Shipbubble Checkout for any Order associated with your Account. “Shipbubble Checkout” means Shipbubble ’s checkout experience that allows customers to enter their shipping information and payment details, including checkouts that occur through the Shipbubble Checkout API.
You are solely responsible for maintaining the confidentiality of your login, password, Account, and for all activities that occur under your login or Account. For support purposes, designated Shipbubble employees have the ability to access your Account. This access includes but is not limited to production data, including Personally Identifiable Information within the dashboard and data storage locations. This access is audited on a regular basis as a part of Shipbubble’s internal audit processes.
The foregoing is not exhaustive of your responsibilities.
You represent, warrant, and covenant that: (i) you have the legal power to enter into and perform your obligations under this Agreement and the person binding you to this Agreement on your behalf has been duly authorized to do so; (ii) you are the legal owner of the Goods, including any underlying intellectual property, and/or have lawful possession of the Goods and have the sole legal right to store and thereafter direct the release and/or delivery of the Goods, (iii) your Goods do not violate Shipbubble’s Acceptable Products Policy or any applicable laws; (iv) there are no potential health, safety, or environmental hazards associated with the shipment, warehousing, or fulfillment of the Goods; (iv) the Goods are not mislabeled, misbranded, adulterated, flammable, hazardous or dangerous materials, explosives, or pesticides as defined under applicable law; and (v) your activities related to the promotion, sale and distribution of the Goods comply with all applicable laws. You will strictly meet or exceed any compliance obligations under these provisions. Shipbubble may reject Goods, in its sole discretion, if they do not meet the above compliance obligations. Rejected Goods may incur additional fees and/or result in a delay or non- shipment for which Shipbubble shall not be liable.
You shall comply with all applicable laws and regulations and bear all costs and responsibilities of importing your Goods into a respective country or territory. You shall deliver the Goods Delivered Duty Paid (DDP) Shipbubble Facility location, be the importer of record and payer of all customs, duties, taxes and other charges in connection with the importation and delivery of the Goods. You shall identify yourself on the bill of lading as the “named consignee, in care of Shipbubble,” and shall not identify Shipbubble as the consignee, importer of record or merchant of record. Beneficial title and interest to all Goods shall always remain with you, even when the Goods are stored at a Shipbubble Facility.
You agree and acknowledge that the Shipbubble Facilities shall maintain an actual or constructive general and continuing warehouseman’s lien and security interest under any applicable law including the Uniform Commercial Code (UCC) for all Goods in such Shipbubble Facility’s possession or control, regardless of whether a specific receipt is issued, to cover all charges, expenses, costs, and Service Fees set forth in this Agreement. In the event a Shipbubble Facility is required to exercise a lien or security interest, you shall be responsible for all necessary and reasonable costs incurred to enforce the lien or security interest including, but not limited to, reasonable attorneys’ fees. You will execute any and all agreements and documents so that the Shipbubble Facility may obtain, perfect, and maintain the lien rights and security interest in the Goods. You will also execute any and all documentation to permit Shipbubble to perfect the liens.
Shipbubble does not inspect your Goods nor does Shipbubble take responsibility for the business decisions that you make and implement through the Services.
To the extent permitted by any applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all Services provided to you under these Terms of Service and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms electronically, you represent that: (a) you have read and understood this consent to use electronic signatures and to receive Communications electronically; (b) you satisfy the minimum requisite hardware and software requirements; and ( c) your consent will remain in effect until you withdraw your consent.
If you withdraw your consent to receive Communications electronically, we may close your Shipbubble Account and you will no longer be able to use your Shipbubble Account or the Services, except as expressly provided in these Terms. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your Primary Email Address and your mobile device number or other text message address by updating your profile on the Website.
We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms of Service on the Website or delivering notice of such termination or change electronically.
“Fees” are the fees for any Services and any third-party fees (third-party fees include, but are not limited to, Carrier, and other shipping fees, rates of duty, international brokerage charges, freight charges, insurance premiums, or other third-party charges incurred during your use of the Service). Fees include the Subscription Fees, Transaction Fees and Additional Fees.
Unless otherwise specified in the pricing dashboard, you shall pay the Fees provided on our Pricing and Billing page or otherwise extended to you.
Pricing quotations accepted through the Shipbubble Platform are estimates based on the best information available at the time made. The final rates and Service Fees may vary based on the Goods actually tendered, the work actually performed, or a number of factors such as Carrier shipping prices, the actual characteristics of your Goods, the delivery address, and the service requested during the normal course of delivery. Shipbubble reserves the right to bill the Service Fees based on actual charges at any time after the Services are rendered. Shipbubble specifically disclaims liability for any Carrier shipping rate errors due to inaccurate or incomplete information, such as dimensions and weights.
Shipbubble may pass through to you any General Rate Increases (GRI) or surcharges charged by Carriers, including but not limited to fuel, dangerous goods, and peak season surcharges, with notice.
You acknowledge that you are responsible for, and agree to reimburse Shipbubble and Carriers, as applicable, for, all sales taxes, transportation taxes, Service Fees, reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by Shipbubble and Carriers, as applicable in connection with the Services. The aforementioned charges shall be posted to your Account within fifteen (15) days of Shipbubble’s knowledge of such charges and shall be payable immediately pursuant to clause 10.2 of this Agreement. Carrier and retail chargebacks may be subject to additional administrative fees.
Customs, Duties, and Taxes (“CDT”) on any international shipment charged by a Carrier are your sole responsibility and will be charged back to you regardless of whether they were or were not in the initial estimate, or whether the Order was or was not delivered. You acknowledge and agree that all Service Fees, charges, and any other amounts charged by Shipbubble to you are exclusive of applicable value-added, sales/use or inventory, CDT, and service taxes now in force or enacted in the future (“Transaction Taxes”) which may be levied in connection with the Services. Where applicable, you shall pay all Transaction Taxes and indemnify Shipbubble from all claims and liability arising from such Transaction Taxes.
You will pay the Fees applicable to your subscription to our Services (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of fulfillment made through your Account (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as Third Party Services (“Additional Fees”).
You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. Shipbubble will charge applicable Fees to any valid payment method that you authorize (“Authorized Payment Method”), and Shipbubble will continue to charge the Authorized Payment Method for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
Subscription Fees are paid in advance and will be billed in 30-day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at Shipbubble’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Shipbubble User via the Primary Email Address provided. An invoice will also appear on the Account page of your administrative console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.
If we are not able to process payment of Fees using an Authorized Payment Method, we may make subsequent attempts to process payment using any Authorized Payment Method. If we are unable to successfully process payment of Fees using an Authorized Payment Method within 7 days of our initial attempt, we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next billing cycle. You may not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 20 days following the date of suspension, Shipbubble reserves amongst other rights the right to terminate your Account.
You are responsible for all applicable Transaction Taxes that arise from or as a result of your subscription to or purchase of Shipbubble’s products and services. To the extent that Shipbubble charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Payment Method. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to Shipbubble of your exemption. If you are not charged Taxes by Shipbubble, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
Other than Taxes charged by Shipbubble to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law will be borne by you and paid separately to the relevant taxation authority. Shipbubble will be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of your use of the Services.
Failure to promptly pay Service Fees is a material breach of this Agreement. If your Service Fees (or any other amounts owed to Shipbubble or Carriers) remain unpaid for a period greater than thirty (30) days, then Shipbubble reserves the right, at our sole discretion, to terminate this Agreement or suspend our performance of Services. If the Service Fees remain unpaid for a period greater than 45 days, then Shipbubble will automatically reclassify your Account as an ‘Abandoned Account.’ TO THE FULLEST EXTENT PERMITTED BY LAW, UPON AN ACCOUNT BECOMING AN ABANDONED ACCOUNT, ALL RIGHTS TO OWNERSHIP OF THE ACCOUNT BALANCE AND GOODS WILL IMMEDIATELY BE FORFEITED BY YOU TO SHIPBUBBLE. GOODS WILL BECOME IMMEDIATELY AND IRREVOCABLY UNAVAILABLE TO YOU, AND LIQUIDATION PROCEEDINGS WILL BEGIN. You agree such Goods would be free and clear of liability, and that you would assume any liability therefor. You will remain liable for any pending Service Fees above and beyond the liquidation proceeds.
We may at our sole discretion introduce new Services and modify some or all of the existing Services offered on our Website. In such an event, we reserve, without notice to you, the right to introduce charges for the new Services offered or amend or introduce fees for existing Services, as the case may be. You shall be solely responsible for compliance with all applicable laws including those in Nigeria for making payments to us.
You shall select a method of payment from the list of available payment methods provided on the Shipbubble Platform or the Services, which may include but is not limited to bank transfer, Visa, MasterCard, etc. You agree that payments to Shipbubble or through the Services may be facilitated or processed through a payment gateway. Each payment gateway and Visa, MasterCard, Verve, or any other electronic funds transfer network (each, a “Card Network”) has its own rules, regulations and guidelines. You are required to comply with all applicable payment Network Rules.
While availing any of the payment method(s) offered on the Website, we will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to you due to (a) the unauthorization of any transaction(s), (b) exceeding the preset limit mutually agreed between you and your bank or financial institution, ( c) any payment issues arising out of the transaction, or (d) a decline of transaction for any other reasons.
All payments are non-refundable except as may be expressly provided otherwise herein.
The Wallet (“Wallet”) is a pre-paid payment instrument which is associated with your Shipbubble Account. You can maintain a balance of money with us and redeem it at your convenience. We will not pay any interest on the amount maintained by you in your Wallet. Your Wallet can be funded, using any of the pre-paid payment options only. In no event will Shipbubble be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.
In the event of our failure to deliver the Services under circumstances for which we are solely responsible, we may offer refunds for amounts, in our discretion in respect of our Fees, by way of wallet refunds, vouchers, mobile money transfers, bank transfers or such other method as we may determine from time to time in our sole discretion. Bank charges shall be deducted from all refunds before they are made. Where Orders are cancelled by you, you may not be refunded as we may have applied the funds to the payment of other service providers working with or for Shipbubble.
Subject to the express provisions of these Terms of Services, we, together with our licensors, own and control all the copyright, trademarks and other intellectual property rights in our Website and the Services, and all rights in materials on our Website are reserved. Shipbubble’s logos and our other registered and unregistered trademarks are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The third-party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such, we cannot grant any license to exercise such rights. We do not grant any right or license to any Shipbubble intellectual property rights by implication, estoppel or otherwise, other than those expressly granted in these Terms.
You agree that you may not use any trademarks, logos, or service marks of Shipbubble, whether registered or unregistered, including but not limited to the word mark Shipbubble and the word mark ‘GetDelivry’ (“Shipbubble Trademarks”) unless you are authorized to do so by Shipbubble in writing. You agree not to use or adopt any marks that may be considered confusing with the Shipbubble Trademarks. You agree that any variations or misspellings of the Shipbubble Trademarks would be considered confusing with the Shipbubble Trademarks.
You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include Shipbubble or Shipbubble Trademarks or that use or include any terms that may be confusing with the Shipbubble Trademarks.
You acknowledge and agree that the Terms of Service do not give you any right to implement Shipbubble patents.
You understand that the operation of the Services, including your Materials, may be unencrypted and may involve (i) transmissions over various networks; (ii) changes to conform and adapt to technical requirements of connecting networks or devices; and (iii) transmission to Shipbubble’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of your Materials. Shipbubble will have no liability to you for any unauthorized access or use of any of your Materials, or any corruption, deletion, destruction, or loss of any of your Materials.
Shipbubble reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential merchants. To decline Shipbubble this right you need to email firstname.lastname@example.org stating that you do not wish to be used as a reference.
Shipbubble may provide, at Shipbubble’s sole discretion, technical support services, through email, chat, or telephone in accordance with our standard practice.
In these Terms of Service, “Materials” includes all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us for storage or publication, processing by, or onward transmission; and all communications on, or through, the Services, including product reviews, feedback and comments.
Materials must be accurate, complete and truthful. Materials must be appropriate, civil, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not (a) be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit; (b) depict violence in an explicit, graphic or gratuitous manner; or ( c) be blasphemous, in breach of racial or religious hatred or discrimination legislation; (d) be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or (e) cause annoyance, inconvenience or needless anxiety to any person; or constitute spam.
Materials must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Materials must not infringe or breach (a) any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right; (b) any right of confidence, right of privacy or right under data protection legislation; ( c) any contractual obligation owed to any person; or (d) any court order.
You must not use our Service to link to any website or web page consisting of or containing material that would, were it posted on our Website, breach the provisions of these Terms. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
We may periodically review Materials and we reserve the right to remove any content in our discretion for any reason whatsoever. If you learn of any unlawful material or activity relating to our Service, or any material or activity that breaches these Terms of Service, you may inform us by contacting us as indicated below.
Materials must be your own and must not be invading any third party's rights. Shipbubble reserves the right to remove any of the Materials at any time without notice. You are however responsible for Materials. This means you assume all risks related to it, including someone else’s reliance on its accuracy or claims relating to intellectual property or other legal rights. You agree that you will indemnify, defend and hold harmless Shipbubble for all claims resulting from Materials. But we reserve the right to assume the exclusive defence and control of such disputes, and in any event, you will cooperate with us in asserting any available defences.
We do not claim ownership of the Materials you provide to Shipbubble; however, we do require a license for those Materials.
You grant to us a worldwide, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free license and right to use, reproduce, store, adapt, publish, translate and distribute Materials across our marketing channels and any existing or future media. You grant to us the right to bring an action for infringement of these rights. You hereby waive all your moral rights in Materials to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in Materials have been waived to the maximum extent permitted by applicable law. Without prejudice to our other rights under these Terms, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of Materials.
If you owned the Materials before providing them to Shipbubble then, despite uploading them to or through your Shipbubble Account they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere.
You agree that Shipbubble can, at any time, review and delete any or all of the Materials submitted to the Services, although Shipbubble is not obligated to do so.
You grant Shipbubble a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Account (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
The licenses granted in clauses 16.2 and 16.5 above will survive any termination of the Terms of Service solely to the extent that Shipbubble requires the license to exercise any rights or perform any obligations that arose during the Term. Shipbubble’s use of Your Trademarks to promote the Services does not imply an endorsement of your products and services.
“Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Shipbubble’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Confidential Information disclosed hereunder shall at all times remain, as between the parties, the property of the discloser. No license under any trade secrets, copyrights, or other rights is granted by this Agreement or any disclosure of Confidential Information hereunder.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this clause 17.
Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.
The recipient of Confidential Information agrees that any violation or threatened violation of this Agreement will cause irreparable injury to the discloser, entitling the discloser to obtain injunctive relief in addition to all legal remedies without showing or proving any actual damage and without any bond being required to be posted.
Merchant shall not, without the prior express written consent of Shipbubble (a) issue any statement, printed material or other communication acknowledging its relationship with Shipbubble or its affiliates, or (b) use Shipbubble’s or its affiliates’ name or logo in any manner.
Prior to any inbound shipment of Goods arriving at a Shipbubble Facility, you must follow Shipbubble’s instructions. All inbound shipments shall be properly labelled and clearly identify the units and quantities of carton, case, or master case. You represent and warrant that the information set forth on any shipment or delivery document, including, without limitation, information as to count, weight, description, and condition of the Goods, is accurate and complete and may be relied upon by Shipbubble.
Per Shipbubble’s operations and errors policy, Shipbubble may, at its sole discretion, verify the quantity of the Goods and inspect for any damage. You acknowledge and agree that Shipbubble has no obligation to verify the quantity, content, condition, or quality of the Goods delivered for storage and/or delivery. Shipbubble may reject storing and/or delivering any Goods that Shipbubble deems, in its sole discretion, to be improperly labeled or packaged, or any Goods that contain any hazardous or illegal material.
If there are any outstanding or pending Orders that need to be fulfilled first, you shall notify Shipbubble of the number of Orders to be sent initially and the expected timeline for processing such Orders.
You shall provide Shipbubble with an expectation of the date for Shipbubble to begin facilitating Carriers to ship your Goods, which shall conform to the terms of this Agreement.
You are solely responsible for the accuracy of any information provided to Shipbubble and/or inputted onto the Website or the Shipbubble Platform. You agree that Shipbubble shall not be liable for any delay, loss, damage or costs as a result of any inaccurate information provided by you to Shipbubble or any information inputted incorrectly by you onto the Website or the Shipbubble Platform.
All non-Carrier related returns (international and domestic) must follow the Shipbubble Return Policy, which may be updated from time to time. You shall be solely responsible for any Fees and any additional Carrier fees, including without limitation shipping, brokerage, or returns processing fees, for Goods that are returned to Shipbubble Facility for any reason whatsoever. Custom returns may be rejected and/or subject to additional fees.
International shipments that are not delivered are often returned by the Carrier and assessed return shipping, brokerage, and returns processing Carrier fees that are billed through to you, often without notice. Shipbubble will make reasonable efforts to circumvent international returns or abandoned inventory at your request; however, Shipbubble reserves the right to charge you fees up to the value of the original Carrier shipping cost, including all costs and expenses of returns. If a tariff is not available, Shipbubble will either put Orders on hold until tariff information is available or override the Order with no liability to Shipbubble.
You agree that Shipbubble may, in its sole discretion, remove and transfer your Goods at any time for any reason, including without limitation optimization of Shipbubble’s fulfillment network, to another Shipbubble Facility.
Shipbubble may, at its sole discretion, require you to remove unsuitable or unsellable Goods from a Shipbubble Facility. Shipbubble will notify you if any inventory requires removal. Pick fees may also be assessed for labour incurred to remove inventory. IF YOU DO NOT REMOVE THE INVENTORY WITHIN THIRTY (30) DAYS OF RECEIVING A REQUIRED REMOVAL NOTICE OR OTHER PERIOD SPECIFIED IN THE REMOVAL NOTICE, SHIPBUBBLE MAY DISPOSE OF THE INVENTORY LISTED IN THE REQUIRED REMOVAL NOTICE. YOU SHALL NOT BE ENTITLED TO ANY DAMAGES OR REIMBURSEMENT FOR THE VALUE OF GOODS DISPOSED OF BY SHIPBUBBLE IF YOU DO NOT PROMPTLY REMOVE THE GOODS UPON SHIPBUBBLE’S WRITTEN REQUEST.
Any non-Carrier-related claim of loss or damage must be filed with our support team by sending an email to email@example.com within 2 (two) business days after delivery. In the case of a damaged claim, the original item package and cartons must be provided to us for inspection. Shipbubble may indemnify you for loss/ damage to your shipment due solely to our fault after proper investigation by the Shipbubble team. Any indemnification to be provided by Shipbubble shall be subject to these Terms.
Shipbubble may from time to time recommend, provide you with access to, or enable third-party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through the Services or Shipbubble’s Website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Shipbubble may receive a revenue share from Third Party Providers that Shipbubble recommends to you or that you otherwise engage through your use of the Services or Shipbubble’s Website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Shipbubble has no control over Third Party Services and will not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Shipbubble’s Website or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Shipbubble. Shipbubble does not guarantee the availability of Third Party Services and you acknowledge that Shipbubble may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Shipbubble is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Shipbubble strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Shipbubble is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Shipbubble is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances will Shipbubble be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations will apply even if Shipbubble has been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shipbubble partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
From time to time, Shipbubble may, in its sole discretion, invite you to use, on a trial basis, pre- release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which Shipbubble will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered Shipbubble Confidential Information and subject to the confidentiality provisions in this Agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without Shipbubble’s prior written consent. Shipbubble makes no representations or warranties that the Beta Services will function. Shipbubble may discontinue the Beta Services at any time in its sole discretion. Shipbubble will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as the final version. Shipbubble may change or not release a final or commercial version of a Beta Service at our sole discretion.
The limitations and exclusions of liability set out in these Terms govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
THE SERVICES, INCLUDING THE SHIPBUBBLE PLATFORM AND WMS, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND SHIPBUBBLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT SHIPBUBBLE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, NOR DOES SHIPBUBBLE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE, OR SERVICES OBTAINED BY YOU FROM SHIPBUBBLE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
We do not warrant that the Website, information, content, materials, product (including software) or services included on or otherwise made available to you through the Website, servers, or electronic Communications sent from us are free from viruses or other harmful components. Nothing on the Website or the Services constitutes or is meant to constitute, advice of any kind.
The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance or because of other causes beyond our reasonable control. Shipbubble shall use reasonable efforts to provide advance notice of any Service disruption. Shipbubble shall not be liable for any such unavailability or disruption of Services.
Shipbubble does not represent, warrant or guarantee that any Shipbubble Facility will maintain a specific temperature range or humidity level, nor shall Shipbubble be liable for any fluctuations.
Shipbubble shall not be liable or responsible for any delays in domestic or international shipments of Goods or Orders, and Shipbubble is, without limitation, not responsible or liable for non-delivery or late delivery of Goods caused by third parties, including Carriers.
IT IS YOUR SOLE RESPONSIBILITY TO PROTECT YOURSELF FROM FRAUD AND TO PAY ALL FEES RELATED TO FRAUDULENT ORDERS EVEN IF THE GOODS ARE NOT DELIVERED.
Shipbubble is not responsible for any of your tax obligations or liabilities related to the use of Shipbubble’s Services.
Notwithstanding the above, we will not be liable to you for any loss or damage of any nature, including in respect of (a) any losses occasioned by any interruption of or disfunction to the Website or Services; (b) any losses arising out of any event or events beyond our reasonable control; ( c) any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; (d) any loss or corruption of any data, database or software; or (e) any special, indirect or consequential loss or damage.
We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability company. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website, the Services or these Terms. Our Website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third-party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
YOU ACKNOWLEDGE AND AGREE THAT WHEN CARRIERS ARE IN POSSESSION OF YOUR GOODS, CARRIERS, AND NOT SHIPBUBBLE, ARE SOLELY RESPONSIBLE FOR ANY ACTUAL OR ALLEGED HARMS SUSTAINED BY YOU OR YOUR GOODS AS DETERMINED UNDER APPLICABLE LAW.
YOU AGREE THAT YOUR GOODS ARE NOT INSURED AGAINST LOSS OR DAMAGE BY SHIPBUBBLE. FOR GREATER COVERAGE FOR YOUR GOODS, YOU MAY ADD INSURANCE ON THE GOODS THAT YOU WISH TO BE COVERED, IN WHICH CASE YOU MAY BE SUBJECT TO AN INCREASED CHARGE FOR SUCH INCREASED COVERAGE. NO SUCH COVERAGE SHALL BE VALID UNLESS PAID FOR BEFORE LOSS, DAMAGE, OR DESTRUCTION TO ALL OR ANY PORTION OF THE GOODS HAS OCCURRED. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY INSURANCE COVERAGE FOR THE GOODS AT YOUR SOLE COST AND EXPENSE. SHIPBUBBLE DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT INSURANCE WILL COVER ALL OR A PORTION OF YOUR GOODS LOSS (AS DEFINED BELOW). SHIPBUBBLE SHALL NOT BE RESPONSIBLE OR LIABLE IF INSURANCE COVERAGE IS NOT AFFORDED FOR THE GOODS LOSS OR IF COVERAGE IS DENIED. THE DECISION TO PURCHASE INSURANCE AND ITS EXPENSE IS YOURS ALONE. ALL SUCH INSURANCE IS PROVIDED BY THIRD-PARTY INSURANCE CARRIERS OR BROKERS YOU MAY SELECT. SHIPBUBBLE DOES NOT AND WILL NOT SELL INSURANCE AND SHALL NOT BE DEEMED AN INSURANCE PROVIDER. NOTWITHSTANDING YOUR PURCHASE OF INSURANCE COVERAGE, IN THE EVENT OF LOSS, DAMAGE, OR DESTRUCTION OF GOODS (“GOODS LOSS”) FOR WHICH SHIPBUBBLE IS OR MAY BE LEGALLY LIABLE, YOU AGREE THAT SHIPBUBBLE’S LIABILITY SHALL NOT EXCEED THE DAMAGES CAP SET FORTH BELOW.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY TO THE EXTENT THAT IT CANNOT BE LEGALLY LIMITED OR EXCLUDED BY APPLICABLE LAW. SUBJECT TO THIS QUALIFICATION, SHIPBUBBLE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU WHETHER IN CONTRACT (INCLUDING UNDER AN INDEMNITY OR WARRANTY), IN TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS FOR: LOSS OF PROFITS; LOSS OF REVENUE; LOSS OF ANTICIPATED SAVINGS; LOSS, DESTRUCTION OR CORRUPTION OF DATA; LOSS OF CONTRACT OR BUSINESS OPPORTUNITY; LOSS OF GOODWILL; MALFUNCTION; DELAYS; INTERRUPTION OF SERVICES; THIRD-PARTY CLAIMS FOR DAMAGES AGAINST YOU; OR INDIRECT OR CONSEQUENTIAL LOSSES OF ANY KIND WHATSOEVER AND HOWEVER CAUSED, WHETHER OR NOT REASONABLY FORESEEABLE, REASONABLY CONTEMPLATABLE, OR ACTUALLY FORESEEN OR ACTUALLY CONTEMPLATED, BY SHIPBUBBLE AT THE TIME OF ENTERING INTO THESE TERMS.
IN NO EVENT SHALL SHIPBUBBLE’S CUMULATIVE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU FOR A SERVICE AND IF NO PAYMENT HAS BEEN MADE BY YOU, SHIPBUBBLE’S CUMULATIVE LIABILITY SHALL NOT EXCEED 50,000 NAIRA (“DAMAGES CAP”). THE PROVISIONS OF THIS CLAUSE ALLOCATE THE RISKS UNDER THIS AGREEMENT AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
THE DAMAGE CAP SET FORTH IN THIS CLAUSE SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AGAINST SHIPBUBBLE FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER RELATING TO LOSS, DAMAGE, AND/OR DESTRUCTION OF GOODS, AND SHALL APPLY TO ALL CLAIMS, INCLUDING GOODS SHORTAGE OR ANY OTHER CLAIMS RELATING TO THE SERVICES (INCLUDING CONVERSION OR THEFT CLAIMS).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Shipbubble may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Shipbubble’s liability shall be the minimum permitted under such applicable law.
All and any right you might have to damages, refunds, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the Services pursuant to these Terms of Service shall be extinguished unless you file an action within 6 months from the date of delivery of the package. All and any right that you might have to damages, refunds, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the shipment of any package pursuant to our Terms of Service shall be forfeited unless you first comply with all applicable notice periods and requirements in these Terms of Service. You understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must prove compliance with this condition precedent when you file any complaint against us.
Before you may file a claim against Shipbubble, you must first comply with all of the following conditions precedent:
You must provide Shipbubble with written notice of your claim within the applicable notice period.
You must provide Shipbubble with all of the information and documentation required to investigate your claim.
You must cooperate with Shipbubble's investigation in a reasonable manner.
If you fail to comply with any of these conditions precedent, Shipbubble will have no liability for your claim.
You represent and warrant to Shipbubble that you and or your business: (a) have full power and authority to enter into, execute, deliver and perform these Terms; and (b) are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or under the laws of any state, region or country of your organisation.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, claims, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) your violation of any law or the rights of a third party; ( c) your fraud or misrepresentation in connection with the Services; (d) any product liability, infringement, or mislabeling claim arising from your Goods; (e) your negligence, fault, omissions, or willful misconduct; (f) any VAT liability or other tax liability that we may incur in relation to your use of our Services; and (g) your misuse of the Services.
This indemnity shall include, without limitation, all claims in tort, contract, by statute or otherwise, including claims for personal injury (including death) and actual or tangible property damage.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
If you breach these Terms, or if we reasonably suspect that you have breached these Terms in any way, we may (with or without notice to you) also take such actions as we deem appropriate to mitigate risk to Shipbubble and any impacted third parties and to ensure compliance with these Terms including contacting and disclosing information related to such violations to (i) persons who have sold or purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations.
Where we suspend, prohibit or block your access to our Website or a part of our Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating or using a different account).
Shipbubble welcomes any ideas or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback”) to Shipbubble be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Shipbubble (whether submitted directly to Shipbubble or posted on any Shipbubble hosted forum or page), you waive any and all rights in the Feedback and that Shipbubble is free to implement and use the Feedback if desired, as provided by you or as modified by Shipbubble, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Shipbubble must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Shipbubble reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
You may cancel your Account and terminate the Terms of Service at any time by contacting Shipbubble Support and then following the specific instructions indicated to you in Shipbubble’s response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
We reserve the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our Services with or without prior communications. You hereby consent that we will under no circumstance be liable to you or any third party for any modification or discontinuance of the availability of Services.
Upon termination of the Services by either party for any reason:
Shipbubble will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; and
any outstanding balance owed to Shipbubble for your use of the Services through the effective date of such termination will immediately become due and payable in full.
On termination, all related rights and obligations under the Terms of Service immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of the termination; and (b) clause 2.5, 2.6(f), 2.6(g), 3 (Account Terms), 7.3, 10 (Payment of Fees and Taxes), 14 (Intellectual Property), 15 (Your Materials), 16 (Our rights to your Materials), 17 (Confidentiality), 19.4, 21.1-21.7 (Third Party Services), 22 (Disclaimers and Limitation of Liability), 23 (Limitation of Legal Action), 25 (Indemnification), 26 (Breach of the Terms), 27 (Feedback and Reviews), 28 (Term and Termination), and 29 (Miscellaneous) will survive the termination or expiration of these Terms of Service.
These Terms, together with the documents it expressly incorporates by reference and the documents those documents expressly incorporate by reference (the “Agreements”), constitute the entire agreement between Shipbubble and you and supersede all prior or contemporaneous arrangements, proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Shipbubble and you relating to the subject matter of any contract to the fullest extent permitted by law. These Terms may not be explained or supplemented by any prior course of dealings or trade, or by custom or usage. The Agreements shall be read as one document and shall be interpreted to harmonize, and not conflict, with each other.
Unless the context otherwise requires, all the documents incorporated by reference and the documents they expressly incorporate form an integral part of this Agreement and of one another. Capitalized terms used but not defined in this Agreement or in any of the Agreements shall have the meanings set forth in any of the other Agreements. Where any term is defined more than once in the Agreements, the definitions shall be read together and interpreted as complementing each other or if the context requires, separately.
The rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of these Terms. Further, the ejusdem generis rule of construction shall not apply and accordingly, the meaning of general words is not to be restricted by any particular examples preceding or following those general words. The headings of the several clauses of this Agreement are inserted solely for convenience of reference and in no way define, describe, limit, extend or aid in the construction of the scope, extent, or intent of this Agreement or any term or provision hereof.
Unless otherwise specified, in this Agreement:
where the context so admits, words indicating the singular also include the plural and vice-versa and words indicating one gender include all genders and neutrals;
any reference to a statute or statutory provision includes a reference to that provision as amended, re-enacted or replaced and any regulations or orders made under such provisions from time to time whether before on or after the date of this Agreement;
a reference to another agreement or other instrument shall be construed as a reference to that other agreement, deed or other instrument, as the same may have been, or may from time to time be, modified;
a reference to “person” includes any individual, partnership, firm, company, corporation (statutory or otherwise), joint venture, trust, association, organisation or other entity, in each case whether or not having separate legal personality and words importing persons shall also import all such entities; and
reference to “clause” or “sub-clause” means a clause or sub-clause of this Agreement.
Shipbubble’s failure or delay in the performance of an obligation under these Terms shall not be a breach if such failure or delay is due to Force Majeure Events. “Force Majeure Events” include acts of God or public enemy, acts of federal, state or local government, earthquake, flood, hurricane, fire, epidemic, pandemic, freight embargoes, war or any other event beyond the reasonable control of Shipbubble.
Shipbubble is allowed to assign, transfer, and subcontract its rights and obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights or obligations under these Terms. This Agreement is binding upon, and will inure to the benefit of, the successors and permitted assigns of the parties.
Amendment and Modifications
We may revise these Terms, and our policies and guidelines from time to time as we see fit.
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Service at any time. We will endeavour to provide you with reasonable advance notice of changes to the Terms of Service that materially adversely affect your use of the Services or your rights under the Terms of Service by sending an email to the Primary Email Address, providing notice through the Shipbubble administrative console, or by other similar means. However, Shipbubble may make changes that materially adversely affect your use of the Services or your rights under the Terms of Service at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Service will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Services.
Shipbubble may change the Fees for the Services from time to time. Shipbubble will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services (or any part thereof).
Every provision of these Terms is distinct and severable. If a provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision shall continue in effect.
Governing Law and Jurisdiction
Unless otherwise specified, these Terms of Service shall be governed by and construed in accordance with the laws in force in Lagos State of the Federal Republic of Nigeria and the courts of Lagos State of Nigeria shall have jurisdiction to entertain disputes arising out of these Terms.
Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Shipbubble (acting in its sole discretion) or as required by applicable law.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time and by using the Services you are expected to review these Terms on a regular basis. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.
The failure of Shipbubble to insist on any occasion upon the performance of the terms, conditions or provisions of this Agreement or time or other indulgence granted by Shipbubble shall not thereby act as a waiver of such breach or acceptance of any variation. The failure of Shipbubble to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. No waiver by Shipbubble of any default in the performance of any of the provisions of this Agreement shall: (a) operate or be construed as a waiver of any other or further default whether of a like or different character; or (b) be effective unless in writing duly executed by an authorized representative of Shipbubble.
Save for Shipbubble and its affiliates, you or anyone accessing Shipbubble Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service will have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this will not affect the rights of any permitted assignee or transferee of these Terms.
The rights of Shipbubble herein shall be cumulative and any one or more of the rights, except where specifically excluded, may be exercised at the same time by Shipbubble.
All the terms and provisions of the Terms of Service will be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Shipbubble will be permitted to assign these Terms of Service without notice to you or consent from you. You will have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Shipbubble’s prior written consent, to be given or withheld in Shipbubble’s sole discretion.
Notice to Shipbubble
Wherever provision is made for the giving or issuance of any notice, instruction, consent, approval, or determination, unless otherwise specified, such communication, shall be in writing (this means any handwritten, typewritten or printed communication, including the systems of electronic transmission). All notices shall be delivered by you personally, by electronic communication or by courier to the addresses set forth herein, or to any other addresses as notified by Shipbubble. Such communication shall be delivered by hand delivery/ courier or electronic transmission and shall be deemed to have been received: (a) if sent by hand delivery/courier – on the business day following actual delivery and receipt; or (b) if sent by electronic transmission – on the business day following the day the notice was transmitted.
You can contact us by email at firstname.lastname@example.org or through Shipbubble Support.