Terms of Service


PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

Last Update: January 13, 2016

Shypmate, incorporated in the State of Delaware, (hereafter referred to as"Shypmate",“Shypmate Inc.,"we","us",  or  "our")  a Web Application that connects shoppers who want to buy or acquire products from overseas (The U.S.) and travelers who are willing to transport the products for the shoppers based on mutual consent (collectively, the “Services”), which Services are accessible at  www.shypmate.com  and any other websites through which Shypmate makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and Shypmate . Please read carefully these Terms and our Privacy Policy, which may be found at https://www.shypmate.com/terms, and which is incorporated by reference into these Terms. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE OF AN ONLINE PLATFORM THROUGH WHICH A SHOPPER (DEFINED BELOW) MAY CHOOSE PRODUCTS TO BUY AND HAVE A TRAVELER THROUGH SHYPMATE (DEFINED BELOW) FOR TRANSPORTING (DEFINED BELOW) THE PRODUCT UPON THEIR MUTUAL CONSENT THROUGH SHYPMATE. YOU UNDERSTAND AND AGREE THAT SHYPMATE WILL DO ITS BEST TO FACILITATE AND COORDINATE AS MUCH AS IS IN ITS CONTROL, THE AGREEMENT ENTERED INTO BETWEEN A TRAVELER AND SHOPPER. SHYPMATE IS NOT A SHIPMENT OR TRANSPORTATION AGENCY, RETAILER OR SELLER OF PRODUCTS, AGENT OR INSURER. SHYPMATE HAS NO CONTROL OVER THE CONDUCT OF SHOPPER AND TRAVELER AND OTHER USERS OF THE SITE, SERVICES OR ANY NEGOTIATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.


Key Terms

“Shypmate Content”  means all Contents that Shypmate makes available through the Site, Application or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content”  means Member Content and Shypmate Content.  
“Content”  means text, graphics, images, music, software, audio, video, information or other materials.  
“Shopper”  means a Member who purchase items through the Site or Services. A shopper willingly enters into contracts, carries the burden of making requests, closes deals on their own discretion, and exempts Shypmate from any liability and excuses Shypmate for any mistakes, violations of trusts, and counterfeit actions happened between the time of request beginning till its end made via the Site and Service. As a shopper, you are solely responsible for all packages that you choose to send through a traveler. You affirm that any packages that you choose to send is not illegal and that it abides by the rules of your country’s customs and regulations.  
“Traveler”  means a Member who creates a listing of their travel plans on the Site and consents to carry an item or items for a “Shopper” who purchased items through the Site or Services. He or she is willing to carry a product to transport to the respective shopper in exchange for a charge of any amount on voluntary basis, as agreed in mutual deal decisions of the Traveler and Shypmate via the Site and Services. A traveler willingly enters into contracts, carries the burden of transporting the products, closes deals on their own discretion, and exempts Shypmate from any liability and excuses Shypmate for any mistakes, violations of trusts, and counterfeit actions happened between the time of request beginning till its end made via the Site and Services. As a traveler, you are solely responsible for all packages that you choose to carry for a sender. You affirm that all packages that you choose to carry has been thoroughly reviewed to ensure that it is legal to do so. You also affirm that the said package will not put you in harm’s way and that the package abides by the rules of your country’s customs and regulations.
“Request”  means a purchase order by a Shopper for an item or product that needs to be purchased.  
“Listing”  means a sharing of a travel information by a Traveler.  
“Member”  means a person who completes Shypmate’s account registration (signup or login) process, including, but not limited to Traveler and Shopper.  
“Member Content”  means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.  
“Tax” or “Taxes”  mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. Shypmate requires every Traveler to understand, be aware of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to shopper contacted via Shypmate Site, Application and Services. The Shopper is to be charged the customs fees, tax fees, and other tax-related costs during the time of request via the Site and Services.  

Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.


Modification

Shypmate reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. Shypmate makes available a peer-to-peer platform with related technology for Shoppers and Traveler to connect and arrange for request and delivery. Shypmate is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. Shypmate does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, shipping, insurance or transportation or travel services. Shypmate ’s responsibilities are limited to: facilitating the availability of the Site.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF REQUESTS. SHYPMATE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY REQUESTS. SHYPMATE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND REQUESTS. ACCORDINGLY, ANY REQUEST WILL BE MADE AT THE MEMBER’S OWN RISK.


No Endorsement

Shypmate does not endorse any Members or any commercial authenticity of any business entity. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Shypmate with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Request made by you. Please note that Shypmate does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Shypmate reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Shypmate will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.


User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:
  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

  • use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

  • use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

  • copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

  • use our Site, Application or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

  • "stalk" or harass any other user of our Site, Application or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Shypmate Traveler and Shopper;

  • register for more than one Shypmate Account or register for an Shypmate Account on behalf of an individual other than yourself;

  • contact a Shopper for any purpose other than asking a question related to a Request, such Shopper’s request to carry or Listings;

  • contact a Traveler for any purpose other than asking a question related to a request or such Traveler’s use of the Site, Application and Services;

  • when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to Shypmate, without Shypmate’s prior written approval;

  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • use automated scripts to collect information or otherwise interact with the Site or Services;

  • use the Site, Application or Services to find a Shopper or Traveler and then complete a booking of a Request transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to Shypmate’s provision of the Services;

  • as a Traveler, submit any Listing with a false or misleading price information, or submit any Listing that you do not intend to honor;

  • or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  • use, display, mirror or frame the Site or any individual element within the Site, Services, Shypmate’s name, any Shypmate trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Shypmate’s express written consent;

  • access, tamper with, or use non-public areas of the Site, Application or Shypmate’s computer systems, or the technical delivery systems of Shypmate’s providers;

  • attempt to probe, scan, or test the vulnerability of any Shypmate system or network or breach any security or authentication measures;

  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Shypmate or any of Shypmate’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, Services, or Collective Content to send altered, deceptive or false source-identifying information;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing

  • Shypmate will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Shypmate may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Shypmate has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application, Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Shypmate reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Shypmate, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.


    Member Content

    We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application or Services, you hereby grant to Shypmate a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. Shypmate does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

    You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Shypmate the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Shypmate ’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.


    Links

    The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Shypmate is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Shypmate of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.


    To Refer a Friend

    Any user who is registered with Shypmate can refer a friend. You do not need to have ever shopped an item on Shypmate or been a Shypmate traveler to refer a friend. We refer to the person receiving a referral code as your referral. Referral codes should only be used for personal and non-commercial purposes. This means that you can share your invite link with your personal connections via email, Twitter, Facebook, and personal blogs. You agree not to publish or distribute the link, or cause the link to be published or distributed, on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends (such as coupon websites and Wikipedia).


    Multiple referrals

    If your referral was also referred by another user, you will receive the Shypmate credit after a qualifying activity if the referral uses your referral code or clicks on your referral link when they sign up. If your referral uses a different referral code or clicks on another person’s referral link when they sign up, you will not receive the Shypmate credit.


    Limited Time Only

    This incentive program is for a limited time only, and we may withdraw or suspend this incentive program (in whole or in part) at any time. The requirements and incentives are also subject to change at any time. If You’ve Been Invited To Join Shypmate Via a Referral Sign up using a valid referral code (or by clicking on a valid referral link) from an existing Shypmate user and you’ll receive Shypmate credit. We reserve the right to suspend your account and remove referrals should we notice any activity we determine as abuse of the referral program.


    Disclaimers

    IF YOU CHOOSE TO USE THE SITE, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT SHYPMATE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHYPMATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHYPMATE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SHYPMATE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHYPMATE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATIONS OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELER AND SHOPPER. YOU UNDERSTAND THAT SHYPMATE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. SHYPMATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELER AND SHOPPER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SHYPMATE. SHYPMATE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY OR OTHER THIRD PARTY.