Agreement Between Users and www.circle.us
The www.circle.us website (the "Site") is comprised of various web pages operated by Circle.us ("Circle.us"). www.Circle.us is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein(the "Terms"). Your use of www.Circle.us constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Circle.us is a web-based shipping solution that streamlines the order fulfillment process for online retailers. With real-time integrations into popular marketplaces and shopping cart platforms, Circle.us handles everything from order import and batch label creation to customer communication. Advanced customization features allow Circle.us to fit businesses with any number of users or locations. Circle.us serves our partners only.
Visiting www.Circle.us or sending emails to Circle.us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
You are more than welcome to sign up and use our service. However, our shipping aggregation service (AKA, consolidated shipper account) is exclusive to users who do not currently have a FedEx or UPS carrier account or any sort of service agreement. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Circle.us is not responsible for third party access to your account that results from theft or misappropriation of your account. Circle.us and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Circle.us does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.Circle.us only with permission of a parent or guardian.
You may close your account at any time, upon the fact that all the pending charges are reconciled and your account has a positive balance, which is NOT refundable.
Links to Third Party Sites/Third Party Services
www.Circle.us may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Circle.us and Circle.us is not responsible for the contents of any Linked Site, including but not limited to any link or services contained in a Linked Site, or any changes or updates to a Linked Site. Circle.us is providing these links or services to you only as a convenience, and the inclusion of any link does not imply endorsement by Circle.us of the site or any association with its operators. Certain services made available via www.Circle.us are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.Circle.us domain, you hereby acknowledge and consent that Circle.us may share such information and data with any third party with whom Circle.us has a contractual relationship to provide the requested product, service or functionality on behalf of www.Circle.us users and customers. By using any services or functionality of Circle.us, you hereby acknowledge and comply with terms and conditions from any other third Party websites/Companies/Organizations, including but not limited to: FedEx, UPS, DHL, USPS, eBay and Amazon.
Cell Phones and Laptops:
Please be advised that packages containing cell phones and laptops have a lower parcel limit so please pack your merchandise properly by reducing the containing quantities to stay under the limit, or, you can choose carrier insurance to cover the excessive part of the value.
For instance, a package contains 20 pieces of cell phones, of which the value is $500 each, thus the parcel value will be $10,000 and exceeds the parcel limit. Our application will automatically allocate the excessive $5000 to carrier insurance, if you wish to insure the full amount of $10,000.
Circle.us Insurance covers the parcel and its contents against damage or loss from any external cause while in transit to, or from, premises utilized by the Insured and in care, custody, or control of carriers listed within the United States of America (including its possessions and trusts) and Canada EXCEPT as hereinafter excluded. Underwriters shall be liable for the invoice value of property lost, destroyed, or damaged; in the event there is no invoice, the Underwriters shall be liable for the actual cash value of the property.
Circle.us Coverage Does Not Insure the Following:
1. Accounts, bills, bullion, currency, deeds, evidence of debt, furs, original/fine art, computer chips, loose precious/semi precious stones, jewelry, money, notes, securities, perishable cargo, televisions, tickets, personal goods, or similar property unless endorsed in writing.
2. Merchandise shipped on consignment, memorandum, or approval unless shipped in fulfillment of an order or request.
3. Loss, damage, or non-arrival of any parcel which; (a) is addressed, wrapped or packed insufficiently, incorrectly or contrary to the carrier's packaging requirements; or (b) bears a descriptive label or packaging which tends to describe the nature of its contents.
4. Any parcel containing personal goods to accommodate an employer and/or employee.
5. Against loss or damage caused by or resulting from:
(a) hostile or warlike action in time of peace or war, including action hindering combating, or defending against an actual impending or expected attack; (1) by any government or sovereign power (de jure facto), or by any authority maintaining or using military, naval, or air forces; or (2) by military, naval, or air forces; (3) by an agent of any such government power, authority, or forces;
(b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war;
(c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or Customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade.
6. NUCLEAR EXCLUSION. Notwithstanding anything herein contained to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or arising out of, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination regardless of how it was caused. However, subject to all provisions of this policy, the direct physical damage to the property insured, located within the United States or any territory of the United States or Puerto Rico by fire directly caused by the above excluded perils, is insured, provided that the nuclear reaction, radiation, or radioactive contamination was not caused, whether directly or indirectly, by any of the perils excluded by this policy. Nothing in the above wording shall be construed to cover any loss, damage, liability, or expense caused by nuclear reaction, radiation, or radioactive contamination arising directly or indirectly from the aforementioned above.
7. Arising out of infidelity, dishonesty, or any overt act on the part of the Insured, associate in interest, and/or any of the Insured's employees whether occurring during hours of employment or otherwise, nor on the part of custodians (common carriers excepted), or the property insured unless specifically endorsed hereon in writing.
8. Arising out of loss of market, latent defect, inherent vice, delay, loss of use, clean-up costs, decay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against.
9. Arising out of loss from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes.
A. It is WARRANTED by the Insured that all parcels under this coverage will be shipped in strict accordance with all regulations of the carrier and amendments thereof.
B. THE UNDERWRITERS SHALL NOT BE LIABLE for any loss or damage to property covered by other valid and collectible Insurance nor for carrier's liability. Coverage shall be for EXCESS of aforementioned. COVERAGE CONTINGENT upon Insured being reimbursed by the carrier for carrier's liability. Payment from the carrier does not guarantee approval of claim.
C. The DEDUCTIBLE, if any, shall be deducted from the amount of the claim or Liability Limit, whichever is less, on a "per parcel" basis and borne by the Insured. The Insured shall be responsible for (and entitled to) collecting any amount for which the carrier may be liable.
D. Failure to insure the total value of your goods on each shipment will result in a co-insurance penalty; i.e., we will not pay a greater proportion of loss than the values you reported divided by the actual values of the goods.
E. In the case that the Insured (Circle.us user) acts as their own claim reporting agent, the Insured will need to file notice of non-delivery or damage with the carrier (FedEx, UPS, DHL) within the carrier's claim reporting period, but in no event shall such notification exceed fourteen (14) days from date Insured had knowledge of said non-delivery or damage. All claims are to be submitted to Circle.us within fourteen (14) days from the date on the carrier's check. The Insured will submit a completed Circle.us claim form, proof of carrier payment, copy of carrier tracer form showing L.D.I. or other identifying number, copy from original invoice to consignee, whichever of the aforementioned is applicable, and any additional documentation requested to substantiate loss. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs), or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim. In the case that Circle.us acts as the claim reporting agent on behalf of the Insured (Circle.us user), the Insured is to submit a completed Circle.us claim form, proof of value, and any other relevant documentation requested to substantiate loss. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs), or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
F. The Insured must file notice of non-delivery or damage with Circle.us within thirty (30) days from date of shipment for United States Post Office shipments. There is a twenty-one (21) day waiting period before the Insured may file a notice of non-delivery to Circle.us for packages shipped domestic via the United States Post Office. No claims will be honored if filed after the 30 day expiration period. The Insured will submit completed Circle.us claim form, copy of the original invoice to the consignee, signed and dated statement from the consignee, proof of damage if applicable and any additional documentation requested to substantiate loss. Shipping costs must be included in the declared value in order to be paid with claim. Handling fees and insurance fees are excluded from coverage. All damaged property for which payment (not repair costs) or replacement has been made, must, on request be returned to Underwriters. Failure to hold the damaged property until the claim has reached a resolution will result in the denial of the claim.
G. The Insured will have one (1) year from the date of shipment to provide any required and/or additional documentation which has been requested of the Insured to substantiate said claim. Failure to provide the required and/or additional documentation within one (1) year from the ship date will result in the denial of the claim.
H. Any covered loss will be promptly paid to the Insured or his Assignee after notice of loss or damage and required documentation has been received and accepted by Underwriters in accordance with the terms and conditions of this coverage, unless property is replaced, at the option of Underwriters, with like kind, function, and quality.
I. Upon payment or replacement for loss or damage, the Underwriters shall be subrogated to all of the rights of the Insured including whatever money may be recoverable, but excluding any deductible amounts applied to any claim settlement on account of said loss or damage from the carrier, or any of its officers or agents, or from any other person or corporation whatsoever. The Insured specifically covenants and agrees to assist the Company in every possible manner to secure reimbursement of said loss or damage. In the event the carrier admits to fraudulent activity from carrier employee's, the insured will take action against the carrier and not hold Circle.us responsible for claims associated.
J. No suit or action or proceedings for the recovery of any claim under this Coverage shall be sustainable in any court of law or equity unless the same is commenced within twelve (12) months after discovery by the Insured of the occurrence which gives rise to the claim, provided however, that if by the laws of the State within which this Coverage is issued such limitation is invalid, then any such claim shall be void unless such action, suit or proceeding be commenced within the shortest limit to time permitted by the laws of such State to be fixed herein.
Third Party Accounts
You will be able to connect your Circle.us account to third party accounts. By connecting your Circle.us account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Circle.us from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Circle.us Content accessed through www.Circle.us in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Circle.us, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Circle.usreserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Circle.us in asserting any available defenses.
The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Circle.us and/or its suppliers may make improvements and/or changes in the site at any time.
Circle.us and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. Circle.us and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Circle.us reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Circle.us as a result of this agreement or use of the Site. Circle.us' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Circle.us' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Circle.us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Circle.us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Circle.us with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Circle.us reserves the right, in its sole discretion, to change the Terms under which www.Circle.us is offered. The most current version of the Terms will supersede all previous versions. Circle.us encourages you to periodically review the Terms to stay informed of our updates.