Terms & Conditions
ShipMagic Terms and Conditions
Last updated: September 17, 2020
Please read these ShipMagic Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using the ShipMagic service at https://app.shipmagic.com (the "Service") operated by U Ship It LLC. d/b/a ShipMagic (“Shipmagic”,"us", "we", or "our"). These Terms may be updated or changed from time to time by ShipMagic. Current Terms are found on our website at https://www.shipmagic.com/terms-and-conditions.
It is important for you to understand that your ability to access and use the ShipMagic Service is dependent on a contracted account held by your employer, school or other controlling organization (“Authorized Organization”) and is provided to you as a benefit of employment or membership in that Authorized Organization. If the Authorized Organization contract terminates, you may no longer be able to access and use the ShipMagic Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors and users who access or use the Service. If you do not agree with these Terms and Conditions, Do Not Use the Service or the website https://app.shipmagic.com.
You must be at least eighteen years of age to use the Service. Please do not use ShipMagic if you are not at least 18 years of age.
You agree not to use the Service for any activities that are unlawful, dangerous or might endanger the rights of others. You agree not to ship any items which are dangerous or otherwise are not legal to ship through the offered carrier services. ShipMagic may terminate or suspend access to our Service immediately, without prior notice or liability, if you are suspected to be in breach of the Terms.
You agree that ShipMagic is a service that provides coordination of the purchase of shipping services through various commercially available carriers (“Carriers”). ShipMagic is not responsible in any way for your shipment or its value. All claims related to your shipment are between you and the selected shipping Carrier based on your purchased shipping label and tracking number from that Carrier.
ShipMagic reserves the right for any reason and without notice at any time to:
Modify or terminate the Services
Refuse, remove or deny access to the Services
Remove content or accounts in our sole discretion that might be unlawful, offensive, threatening, libelous, defamatory, obscene or may be otherwise objectionable or may violate any party’s intellectual property or these Terms.
You agree not to copy, duplicate, decompile or otherwise recreate the services provided by ShipMagic.
Our Service and our public website www.shipmagic.com may contain links to thirdparty websites or services that are not owned or controlled by us. ShipMagic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that ShipMagic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
When you purchase a Carrier shipping label through the Service, you will be required to use a credit card. ShipMagic does not store your credit card information. We use a PCI compliant third-party merchant service that accepts your credit card information and processes your payment, allowing us to send you the final shipping label.
The ShipMagic Service relies on your input of accurate package size and weight in order to produce our pricing of the Carrier shipping label. Our system attempts to ease this process for you, but ultimately relies on your inputs. The shipping label cost that you are charged is based on this input. The actual shipping costs may be different when your package is received and processed by the carrier. If we determine that there is a difference in the actual cost that is in excess of 10% of the paid price, we reserve the right to process an additional charge for the difference against your provided credit card.
You agree to defend, indemnify and hold harmless Provider, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your breach of any Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your purchases of service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
This Agreement shall be governed by, construed under and interpreted in accordance with the internal laws of the State of Florida, without regard to any provisions pertaining to conflict of laws.
If for any reason, ShipMagic is found responsible for damages to you relating in any way to the website http://app.shipmagic.com or http://www.shipmagic.com you agree that the maximum liability will be a refund of the associated purchased shipping label costs. ShipMagic is not liable for any incidental, special or consequential damages including lost profits or business opportunities, punitive or exemplary damages or that of attorney’s fees.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Hillsborough County, Florida, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures.
The ShipMagic Service is only intended for use by the assigned members of its Authorized Organizations. Under no circumstance may you sub-license or share the Service with other users.
We will be happy to refund any unused or incorrect shipping labels, or those that may not have been received. Simply contact firstname.lastname@example.org with that information and your refund will be processed back to the credit card used for the initial purpose. All refunds must be claimed within 15 days of the initial purchase.
The ShipMagic Service allows you to purchase shipping labels from a variety of Carriers. When you purchase a label, you agree to abide by the selected Carrier’s terms, policies and services. You should review the generally available information and policies found on your selected Carrier’s website as well as any service interruption announcements.
THIS SITE, AND ITS SERVICES, ARE PROVIDED BY SHIPMAGIC ON AN “AS IS” BASIS. SHIPMAGIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. SHIPMAGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SHIPMAGIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SHIPMAGIC DOES NOT PROMISE OR GUARANTEE UNINTERRUPTED OR ERROR-FREE SERVICE.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service and agree that your only remedy is to cease use of the Service.