PickupZone

Terms & Conditions

THESE CUSTOMER TERMS AND CONDITIONS (“CONDITIONS”) CONSTITUTE AN AGREEMENT BETWEEN CUSTOMER AND SERVICE PROVIDER (AS THOSE TERMS ARE DEFINED BELOW) WITH RESPECT TO THE PickUpZone SERVICE (THE “SERVICE”). BY ELECTRONICALLY INDICATING ACCEPTANCE OF THESE CONDITIONS, OR BY USING THE SERVICE, CUSTOMER AGREES TO BE BOUND BY THESE CONDITIONS, AS THE SOLE AND EXCLUSIVE AGREEMENT GOVERNING CUSTOMER’S USE OF THE SERVICE. IF CUSTOMER DOES NOT WISH TO ACCEPT THESE CONDITIONS, CUSTOMER SHALL NOT USE THE SERVICE.

1. GENERAL OBLIGATIONS

   1. PickupZone operates the PickupZone website (www.pickupzone.com) and Service that allows Customers to route Packages to retail locations for convenient delivery by Carriers and convenient pick-up by Customer.
   2. If Service Provider receives a Package for Customer at a Pick-Up Location, Service Provider shall:
      1. send Customer a Pick-Up Notice that the Package is ready for pick-up;
      2. hold the Package for ten (10) days from dispatch of the Pick-Up Notice; and
      3. if Customer picks up the Package within such ten (10) day period and pays any applicable charges, deliver the Package to Customer.
   3. Definitions for defined terms used herein are set forth in Section 15 of this Agreement.

2. PARTIES AND SUB-CONTRACTING

   Customer warrants that he or she either is the owner of the goods in any Package or is authorized by such owner to accept these Conditions on such owner’s behalf.

3. PROHIBITED GOODS AND RESTRICTED PACKAGE

   1. Nothing in these Conditions shall oblige Service Provider to accept Packages which contain or constitute:
      1. substances which are classified as dangerous for transportation nationally or internationally under the United Nations Dangerous Goods Code;
      2. radioactive material or other substances presenting a similar hazard;
      3. any living creatures;
      4. controlled drugs;
      5. property the carriage of which is prohibited by any law, regulation or statute of any federal, state or local government;
      6. parcels that exceed 60 linear inches (linear inches = Length (L) + Width (W) + Height (H)) in dimension or 30 lbs in weight.
   2. If Service Provider, in its sole discretion, suspects any Package may: (i) spoil, leak or be dangerous; (ii) cause damage to a Pick-Up Location or harm any Service Provider personnel; (iii) create an unsafe environment for operation of Service Provider’s business; or (iv) violate any law or regulation, Service Provider reserves the right to open and inspect such Package.

4. UNDELIVERED OR UNCLAIMED PACKAGE

   1. If Customer fails to pick-up any Package from the Pick-Up Location within ten (10) days after the delivery of the Pick-Up Notice to Customer, then PickupZone may, in addition to its other rights hereunder, either:
      1. in its sole discretion, agree with Customer to an extension of the time within which Customer must pick up the Package;
      2. return the Package to Shipper either at the expense of Shipper or Customer; or
      3. exercise Service Provider’s rights under Sections 4(b) and 11 of this Agreement.
   2. Service Provider has no obligation to hold any unclaimed Package beyond the time period described in Section 4(a) of this Agreement. Notwithstanding the foregoing, if Service Provider does hold an unclaimed Package for Customer beyond the initial ten (10) day holding period, PickupZone may charge such Customer a holding fee of Five dollars ($5.00) per week.
   3. Service Provider is not responsible for any Package not delivered to Customer due to:
      1. any act or omission of the Carrier;
      2. any act or omission of any Shipper, including failure to send the Package;
      3. any failure by Customer to correctly apply or complete the shipping address provided by Service Provider.

5. SERVICE PROVIDER’S FEES

   The fees for the Service are set forth on the PickupZone website. PickupZone reserves the right to charge a per Package fee to Customer, as described on the PickupZone website, or to provide the Service without any fee payable by Customer. PickupZone may change its fees at any time by posting its revised fees on the PickupZone website; any such change will take effect a minimum of fourteen (14) days after notice on the PickupZone website is given. If any fee is payable for Customer’s use of the Service, the following conditions apply:
   1. Customer shall pay all applicable fees for the Service to Service Provider at the Pick-Up Location or in the manner otherwise described on the PickupZone website.
   2. Customer shall notify PickupZone of any query relating to the fees payable for the Service in writing within fourteen (14) days of the Package pick-up date.
   3. If Customer does not pay applicable fees at the time of the pick-up, Service Provider may refuse to deliver the Package to Customer. Any unclaimed Package shall be subject to Sections 4 and 11 of this Agreement.
   4. PickupZone shall maintain records of Service provided to Customer for a six (6) month period, and may, in its sole discretion, dispose of such records thereafter.

6. SPECIAL HANDLING

   1. The Service may not be used for delivery of Packages that require handling by special or unusual equipment or procedures, and Customer agrees that Service Provider is entitled to assume that all Packages require only regular handling and care. Unless Service Provider has agreed in writing to the contrary with Customer:
      1. Service Provider shall be under no obligation to provide any special handling, or any equipment, plant, power or labor as may be required for loading or unloading the Package;
      2. Service Provider shall be under no obligation to allow Customer the use of any special appliances when Customer picks-up the Package;
      3. Service Provider shall be under no obligation, other than delivery of the Package across the counter of the Pick-Up Location, to provide Customer with curbside delivery or assistance with carrying Packages.
   2. Service Provider shall not be under liability whatsoever to Customer for any damage howsoever caused if the Local Retailer is instructed by Customer to load or unload goods using special appliances.
   3. Customer shall indemnify Service Provider against all claims and demands whatsoever which are made in connection with any instructions referred to in this Section 6.

7. LIABILITY FOR LOSS AND DAMAGE TO PACKAGE; LIMITATION OF LIABILITY

   1. Service Provider shall only be liable for loss of or damage to the Package if the loss or damage is occasioned during storage of the Package by Service Provider and results from one or more negligent acts or omissions by Service Provider. Service Provider shall not be liable for loss of or damage to any Package described in Section 3(a) of this Agreement or for any loss or damage which has arisen from any cause outside the reasonable control of Service Provider as set forth in Section 12. Service Provider shall not in any circumstances be liable for loss or damage caused by or resulting from:
      1. the Carrier or Shipper of such Package, whether or not caused or contributed to directly or indirectly by any act, omission, neglect, default or other wrongdoing on the part of Service Provider, including, but not limited to, loss or damage due to failure to provide sufficient packaging or failure to secure an unattended vehicle that results in theft of a Package;
      2. mis-delivery if Customer shall have failed to state the correct address at or before the commencement of shipment;
      3. any fraud on the part of Customer or the owner of the goods or the servants or agents of either in respect of that Package unless the fraud has been contributed by the complicity of Service Provider or of any servant of Service Provider acting in the course of his employment;
      4. delay, loss of use, loss of market or any other consequential loss;
      5. rust, corrosion, fungus, decay
      6. unexplained disappearances.
   2. Except as otherwise provided in these Conditions, the liability of Service Provider for any damages arising with respect to any Package shall be limited as follows:
      1. if the Package is lost by Service Provider, Service Provider’s liability is limited to (a) if Shipper was a merchant sending new goods in the Package directly to Customer, the actual price charged by the merchant for the goods in the Package, up to a maximum of $2,000; and (b) if Shipper was NOT a merchant sending new goods in the Package directly to Customer, $100 (unless Shipper obtained insurance for the Package at the time the Package was dispatched to the Carrier, in which case Service Provider’s liability is limited to the declared insurance value, up to a maximum of $2,000).
      2. if the Package is damaged by Service Provider, Service Provider’s liability is limited to (a) if Shipper was a merchant sending the Package directly to Customer, the lesser of the cost of repair and the actual price charged by the merchant for the goods in the Package, up to a maximum of $2,000; and (b) if Shipper was NOT a merchant sending the Package directly to Customer, the lesser of the cost of repair and $100 (unless Shipper obtained insurance for the Package at the time the Package was dispatched to the Carrier, in which case Service Provider’s liability is limited to the lesser of the cost of repair and the declared insurance value, up to a maximum of $2,000).
      3. Service Provider shall have no liability for Packages that were received in damaged condition by Service Provider at the Pick-Up Location.
      4. if Customer makes a claim for loss of or damage to any Package, Customer shall provider documentary proof of any retail purchase of goods in a Package, evidence of a claimed insured value for a Package, and any other documentation reasonably requested by Service Provider.
   3. EXCEPT AS PROVIDED IN SECTION 7(b) ABOVE, IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE DAMAGES FROM ANY AND ALL CAUSES ARISING IN CONNECTION WITH THESE CONDITIONS OR DELIVERY OF THE SERVICE, (AND FOR THE AVOIDANCE OF DOUBT INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, OR GROSS NEGLIGENCE) EXCEED THE FEES RECEIVED BY SERVICE PROVIDER FOR THE SERVICE IN RESPECT OF WHICH THE DAMAGE IS ALLEGED TO HAVE ARISEN.
   4. IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES ON ACCOUNT OF LOSS OF USE OR LOSS OF PROFITS, OR ANY OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, NOTWITHSTANDING THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE ALLEGED TO HAVE BEEN INCURRED.
   5. Customer agrees that the storage of the Package by Service Provider shall in no event constitute a bailment, and neither PickupZone nor Local Retailer shall be a bailee of the Package.

8. EXCLUSION OF WARRANTY; LIMITATION OF LIABILITY

   SERVICE PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, WHETHER ARISING FROM CUSTOM, USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE.

9. INDEMNITY TO SERVICE PROVIDER

   Customer shall indemnify Service Provider against:
   1. All consequences suffered by Service Provider (including but not limited to claims, demands, proceedings, fines, penalties, damages, costs, expenses and loss of or damage to other goods) by reason of any error, omission, misstatement or misrepresentation by Customer or other owner of the goods or by any servant or agent or either of them, insufficient or improper packaging, labeling or addressing of the goods, fraud or any Package that breaches Section 3 of this Agreement;
   2. All claims and demands whatever by whomsoever made in excess of the liability of Service Provider under these Conditions;
   3. All losses suffered by and claims made against Service Provider resulting from loss of or damage to property caused by or arising out of the carriage, storage, or refusal to accept by Service Provider of Prohibited Goods and Restricted Packages as described in Section 3.
   4. All claims made upon Service Provider by U.S. Customs or any other governmental authority with respect to the Package.

10. TIME LIMITS FOR CLAIMS

    1. Customer shall notify Service Provider of any claim for loss of, or damage to, any Package, in writing, such notice to be given not later than thirty (30) days after Shipment Date of the Package to Pick-Up Location.
    2. Where a Customer has made a claim in writing in respect of loss or damage to a Package, Customer shall on request provide copies of relevant documentation, evidence of the loss or damage and present any damaged Package for inspection. If Service Provider has requested such documentation, information or proof in support of such claim, such information must be provided to Service Provider within thirty (30) days failing which any claim will be deemed withdrawn.
    3. Service Provider shall in any event be discharged from all liability whatsoever and howsoever arising in respect of the Package unless suit or action is brought within six (6) months from the Shipment Date.

11. LIEN

    1. Service Provider shall have a general lien on all Packages and documents relating to Packages in its possession, custody or control for any monies whatsoever due from Customer or owner of the Package and such general lien shall extend to all freight charges, Customs duties and charges, advances or any other charges of any kind arising out of service hereunder and shall be entitled to sell or dispose of such goods or documents as agent for and at the expense of Customer and apply the proceeds in or towards the payment of such sums on fourteen (14) days notice to Customer or any lesser period as may be reasonable in the circumstances.
    2. Upon accounting to Customer for any balance remaining after payment of any sums due to Service Provider and any costs of retention, insurance and sale or disposal service, Service Provider shall be discharged of any liability whatsoever in respect of the Packages or documents.
    3. Service Provider shall have a right, without further notice to Customer, to dispose of, give away or destroy any Package that has not been collected from a Pick-Up Location within thirty (30) days after the Pick-Up Notice is given.

12. FORCE MAJEURE

    Service Provider shall be relieved of its obligation to perform this Agreement to the extent that the performance is prevented by failure of Customer, fire, weather conditions, industrial dispute, labor disturbance or any other cause beyond the reasonable control of Service Provider.

13. PRIVACY POLICY

    Service Provider and Customer hereby agree that Service Provider’s Privacy Policy, which is available at www.pickupzone.com/privacy, is incorporated into this Agreement by reference and shall form part of these Conditions.

14. LAW AND JURISDICTION

    All matters arising from or relating to these Conditions and the use of the Service will be governed by the substantive laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. Customer agrees that all claims he or she may have arising from or relating to the Service will be heard and resolved in the federal and state courts located in Massachusetts. Customer consents to the personal jurisdiction of such courts, stipulates to the fairness and convenience of proceeding in such courts, and covenants not to assert any object to proceeding in such courts.

15. DEFINITIONS

    In these Conditions:-
    1. ‘Carrier’ means the parcel delivery company that delivers a Package, which may include any of the national (UPS, FedEx, USPS, DHL, etc.) regional, or local delivery services.
    2. ‘Customer’ means the person or company that uses the PickupZone service to have a Package sent to an PickupZone pick-up point.
    3. ‘PickupZone’ means iRelai, LLC, d.b.a. PickupZone, the operator of the “www.pickupzone.com” website.
    4. ‘Local Retailer’ means any local retailer acting as the Pick-Up Location for Customer Packages.
    5. ‘Package’ means goods contained in one parcel, package or container sent addressed by or for Customer properly using the Service.
    6. ‘Pick-Up Notice’ means any document or message, such as a letter, email, SMS message or voicemail, notifying Customer of receipt of a Package by the Pick-Up Location.
    7. ‘Pick-Up Location’ means the retail location Customer designated for delivery and pick-up of packages.
    8. ‘Service’ means the Package pick-up service provided by the Service Provider pursuant to these Conditions.
    9. ‘Service Provider’ means PickupZone and the Local Retailer that Customer selected as the Pick-Up Location for the Package.
    10. ‘Shipment Date’ means (i) if the Package is shipped from a merchant, the date of shipment as confirmed by Shipper or Carrier; and (ii) for all other Packages, the date of shipment as documented by a shipping or postal receipt issued by a Carrier.
    11. ‘Shipper’ means an online retailer, catalog retailer, manufacturer, retailer, or individual sending a package to Customer via a Carrier

16. GENERAL

    No delay or omission by Service Provider in exercising any of its rights occurring upon any noncompliance or default by Customer with respect to any of the terms and conditions of these Conditions will impair any such right or be construed to be a waiver thereof, and a waiver by Service Provider of any of the covenants, conditions or agreements to be performed by Customer will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in these Conditions, “including” means “including but not limited to.” If any provision of these Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Conditions set forth the entire agreement between Customer and Service Provider regarding their subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Conditions constitute a writing and Customer’s assent to the terms and conditions hereof constitutes a “signing” for all purposes.