Terms & Conditions

1. Acceptance of Terms & Conditions
2. Service
3. Account Terms
4. Receipt and Delivery
5. Inspection & Export Regulations
6. Service Restriction
7. No Illegal Use
8. Account Security
9. Indemnification and Warranty
10. Limitation of Liability
11. Intellectual Property Rights
12. Copyright / trademarks
13. Assignment
14. No Agency
15. Force Majuere
16. Severability
17. Change of Terms and Conditions, Service, and Fees
18. Termination
19. Payments / Pricing

1. Acceptance of Terms & Conditions

1.1 This account agreement is made and entered into by and between Polar Express International Limited (“ZipKode”, “we”, “our”, “us”) and the individual or entity identified in the ZipKode Application Form (referred to as “You” or “your”).
Your use of the ZipKode service (“Service”) is subject to these terms and conditions (“Terms and Conditions”).
The Service is provided to you under these Terms and Conditions and any updates thereof or amendments thereto, and any related operating rules and policies that are published from time to time on the ZipKode website (www.zipkode.delivery).
ZipKode is a registered brand name and service of Polar Express International Limited, a company registered in Ireland.

1.2 We reserve the right to change the Terms & Conditions from time to time without notice.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms & Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

1.3 By using the ZipKode website, you are agreeing to be bound by the following terms and conditions. Violation of any of the terms below will result in the deactivation of your Account.

2. The Service

2.1 ZipKode acts as your agent for consolidation and export purposes of your items merchandise, which will be sorted, stored, packed, consolidated & shipped. On your instruction, ZipKode will export to a specified local address using unaffiliated service providers, who act as the freight forwarder and/or carrier for the shipment.
ZipKode does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e. you the client). You authorize ZipKode as your agent to authorize freight forwarder and/or carriers to conduct customs clearance and entry and to certify freight forwarder and/or carriers as the consignee solely for the purpose of designating a customs broker to perform customs clearance and entry.

2.2 You accept that freight forwarders and/or carriers reserve the right to open and/or inspect every shipment tendered to forwarders and/or carriers on your behalf.

3. Account Terms

3.1 To register for the Service, you will need to complete the ZipKode account set-up process on our website. Registration for access to the Service is open to individuals who are 18 years of age or older (or the legal age of majority in your country).
By registering for our Service you are appointing ZipKode as your agent for the receipt of, and organization of transportation for, your packages and you authorize ZipKode to receive any and all packages addressed to you.

3.2 You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.

3.3 You are responsible for maintaining the security of your account and password. ZipKode cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

3.4 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.5 Although we may provide translations of content on our web sites or Services for convenience, where conflicts exist, the English text will be considered definitive.

4. Receipt & Delivery

4.1 The Service by ZipKode includes the receipt of your packages at the ZipKode warehouse and transporting such packages to your Delivery Address. You are solely responsible for providing to and confirming with the sender the correct ZipKode address, including the account holders correct full name and ZipKode account number, and you understand that any incorrect information may result in non-delivery or delayed delivery of items.

4.2 If a package ais delivered with incomplete or incorrect details (a missing account number or a name which differs from the account holder), ZipKode will try to determine whom it belongs to.
If unable to determine the correct client, the package will stored in quarantine until the correct client has been identified.
If the client Is identified, the client will be charged a quarantine handling fee as per rate schedule.
If the owner cannot be determined and a claim with tracking information is not provided within 30 days of the package's arrival, ZipKode has the right to dispose of package.

4.3 Our services and obligations begin when your item is physically delivered to our warehouse at the address specified on your account.
We are not responsible for items not delivered to our warehouse for any reason.

5. Inspection & Export Regulations

5.1 ZipKode, without liability, reserves the right to open and inspect all items delivered to the ZipKode Location to determine the nature or condition of the Goods or to determine their ownership or destination.

5.2 ZipKode clients can only export items from the US in accordance with all applicable United States export control laws and regulations including regulations administered by the U.S. Department of Commerce, U.S. Department of State, and the U.S. Department of Treasury, U.S. Customs and Border Patrol, and Department of Homeland Security.
You agree not to ship commodities to any country that the United States has imposed an embargo or trade sanction upon, including but not limited to Cuba, Iran, Iraq, North Korea, Somalia and Sudan or any destination for which United States requires an export license without first obtaining such license(s).
Diversion of these commodities contrary to the United States law is prohibited.
Any and all export license requirements are the sole responsibility of the individual and/or entity in contractual agreement with ZipKode.

5.3 ZipKode does not ship weapons (including items that assist in the functionality or manufacturing of firearms/ammunition or replicas of such items) or narcotics or other prohibited items.
In addition, certain items may require special permissions or documentation or may be prohibited by your destination address or country.
It is your responsibility to know these restrictions.
In keeping high customs compliance standards, ZipKode’s prohibited and restricted items list may be more wide-ranging than individual country or carrier laws, and ZipKode reserve the right to enforce use of this list.

5.4 For a listing of the prohibited & restricted items please click here.
ZipKode cooperates with law enforcement agencies to ensure prohibited items are not shipped via our services, including routine inspection by law enforcement agencies of our facilities and client packages.
By entering into this agreement you consent to package inspection by law enforcement agencies.
Where a package contains prohibited items, you agree that the contents of your package may be seized and confiscated by law enforcement or ZipKode.
If prohibited items are found in your packages as determined by law enforcement or ZipKode, your account will be placed on hold, and any additional packages in our custody may also be inspected and confiscated.

6. Service Restriction

6.1 ZipKode reserves the right to abandon carriage of any Shipment at any time after acceptance when such Shipment could possibly cause damage or delay to other Shipments, equipment or personnel, or when any such carriage is prohibited by law or is in violation of any of these Terms and Conditions.

6.2 Any Shipment that is unable to be delivered to you (for reasons including, without limitations, your failure to pay, take delivery, give proper instructions, including failure to clearly address the package, your failure to confirm your Shipment is acceptable for entry into the destination country, failure to use correct ZipKode address, failure to update your Delivery Address, or you are unable to be contacted after reasonable attempts to do so) will be deemed an Uncollected Good or Unclaimed Good and ZipKode reserves the right to deal with that Shipment in any lawful manner it considers appropriate, which may mean the package is discarded, destroyed, returned to sender, or auctioned.

6.3 The packaging of your Shipment for transportation is solely the shipper’s responsibility.
ZipKode accepts no responsibility for loss or damage to the Goods caused by inadequate or inappropriate packaging.
ZipKode has no obligation to repackage any Shipment for any reason.
In the event ZipKode repackages your Shipment, ZipKode will charge you for such repackaging services provided by ZipKode.

6.4 You are responsible for confirming that the contents of the package that arrived in our warehouse is what you ordered from the merchant.
We will close accounts of customers who fill out customs forms and ask us to mail out packages that were checked into their suite in error and belong to a different customer.
In the event of a shipping error, you agree to immediately notify ZipKode so that the error can be corrected.

7. No illegal use

7.1 You undertake not to use the Service and/or the Account for any illegal, immoral, obscene or fraudulent purposes or for any other purposes prohibited by ZipKode, by the respective ZipKode Location, or any other applicable regulations.
You further undertake that any use of the Service and/or Account shall be in compliance with all applicable federal, state, and/or local laws of the respective ZipKode Location, as well as other applicable international law, including laws related to the transportation and export of commercial matter, which may include without limitation laws related to banking, money laundering, trade sanctions and terrorist activities.
Any shipment received in violation of this clause may result in the forfeiture, return to sender, or destruction of shipment, along with notification to the police and/or appropriate government authority.

8. Account Security

8.1 You must ensure that your password is kept secure and confidential and not revealed to any other person.
You acknowledge that you are entirely responsible for your password and must notify ZipKode immediately of any unauthorised use of your Account and/or password or any other breach of security relating to your Account.
You acknowledge and agree that ZipKode accepts no responsibility for any loss or damage occurring as a result of the fraudulent use of a password, and you release ZipKode from all claims arising from the unauthorised use of your password.

9. Indemnification and Warranty

9.1 You warrant that all information provided by you is complete and accurate.

9.2 You agree to protect, indemnify, release, safeguard, and hold harmless ZipKode and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees (“ZipKode Indemnitees”) against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, penalties, fines or other costs, including reasonable attorney fees and causes of action of any type or nature arising out of or in conjunction with the use of the Account and/or the Service, including without limitation any demands, claims, and causes of action for personal injury or property damage arising from:

9.2.1 failure of the relevant postal authority, or any commercial courier service to deliver on time or otherwise fail to deliver any item and/or package;

9.2.2 delay occasioned by treatment handling, examination or impounding of the Goods by any of the Government Authorities;

9.2.3 any misdescription or undervaluation provided for Customs purposes, whether intentionally or unintentionally;

9.2.4 breach by you of any applicable law or requirement of any Government Authorities; or

9.2.5 damage to or loss of any package or Account contents by any cause whatsoever, and

9.2.6 from any violation by you of applicable international, federal, state or local laws.

9.3 Without limiting any other provision of these Terms and Conditions, ZipKode will not be liable for any costs, expenses, loss or penalties imposed or loss or damage incurred by any ZipKode Indemnitee due to your Shipment or Goods being impounded by customs or other Government Authorities, and you hereby protect, indemnify, release, safeguard, and hold harmless each ZipKode Indemnitee against any such cost, expense, fine, penalty or loss.

9.4 Without limiting any other provision of these Terms and Conditions, ZipKode will not be liable for any costs, expenses, loss, fines, or penalties imposed or loss or damage incurred by any ZipKode Indemnitee due to your breach or non- compliance of any of these Terms and Conditions and you hereby protect, indemnify, release, safeguard, and hold harmless each ZipKode Indemnitee against any such cost, expense, fine, penalty or loss.

10. Limitation of Liability

10.1. ZipKode will be responsible for your Shipment only while it is within ZipKode’s custody or control, subject to the limitations of liability set out herein.

10.2 If the Shipment is transported by air and involves a stop in a country other than the country of departure, you understand and acknowledge that an Airfreight Convention may apply and may limit liability for loss or damage.
Your claim for any loss or damage occurring during carriage by air, is against the airline carrier.
In the event of any loss or damage suffered by you while the Goods are in the possession of the airline carrier, ZipKode will seek to recover amounts payable under the applicable Airfreight Convention on your behalf, and you will indemnify ZipKode and hold it harmless against any claims for loss or damage to your Goods incurred while they were in the possession of the airline carrier.
If the Shipment is carried by international road transportation, the Convention for the International Carriage of Goods by Road (CMR) may apply.
This convention limits ZipKode’s liability for loss or damage.

10.3 You acknowledge that Goods moved by airfreight may necessarily involve a part of transport undertaken by other means.
Where this is so, and no international treaty is applicable which covers the additional transport, your recovery of loss or damage, if any, is against the carrier and may exclude or substantially limit liability.
In the event of any loss or damage suffered by you while the Goods are in the possession of a third-party carrier, ZipKode will seek to recover from the carrier any amounts payable to you.
You indemnify ZipKode and hold it harmless against any claims for loss or damage to your Goods incurred while they are in the possession of the third-party carrier, where such carriage was necessary in order to complete the delivery of your Shipment.

10.4 Without limiting the effect of clauses 9.1-9.4, and subject to clauses 10.5-10.6 below, in all cases where ZipKode’s liability is not otherwise limited or excluded, ZipKode’s liability shall be limited to whichever is the lesser between (i) the value of the Goods the subject of the Shipment at the time the Goods were delivered to ZipKode, or (ii) US $100 per shipment, or its equivalent per shipment.

10.5 To the extent that the liability of ZipKode is limited by any Airfreight Convention, law or contract, and that limitation exceeds the limitation of liability pursuant to clause 10.5 above or Accountable Mail below, then the liability pursuant to that Airfreight Convention, law or contract shall apply.

10.6 Any claim for loss or damage must be notified in writing to ZipKode within seven (7) days of delivery of the Goods or of the date upon which the Goods should have been delivered.
In any event, ZipKode shall be discharged from all liability whatsoever in connection with the Services and/or the Goods unless proceedings are served within 90 days from delivery of the Goods (or from when they should have been delivered).
In the event the Goods are fully compensated by ZipKode for any reason, then you will need to send the damaged goods to ZipKode in order to receive the compensation for the damaged goods.

10.7 In addition to ZipKode’s standard liability above, ZipKode offers an additional protection plan for shipments against all risks of physical shipment loss or damage from any external cause.

11. Intellectual Property Rights

11.1 You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
You also acknowledge that the Content is and shall remain our property or the property of our licensors.
You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content.
You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

12. Copyrights/Trademarks

12.1 The trademarks, logos and service marks appearing on this Site, including, but not limited to, the trademarks: “ZipKode”, and “ZipKode.delivery” are trademarks and service marks of Polar Express International Limited.
Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us.
Nothing on this Site should be construed as granting, by implication or otherwise, any license or right to use any of trademarks and servicemarks displayed on this Site, without our prior written permission in each instance.

12.2 The Content of this Site is protected by copyright law.
All such Content is also copyrighted as a collective work under the copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content.

13. Assignment

13.1 You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by ZipKode, in its sole discretion, to a third party.
You may not assign your obligations to another entity.

14. No Agency

14.1 This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship.
Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances.

15. Force Majeure

15.1 ZipKode will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses you may incur which are caused or contributed to by an event beyond ZipKode’s or its agents’ reasonable control, for example acts of God, fire, flood, natural catastrophes, failure or delay of suppliers or contractors, inability to obtain goods or services necessary to perform the Services, civil disturbances, insurrections, riots, wars (declared or undeclared), act of terrorism, strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.

16. Severability

16.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

17. Change of Terms and Conditions, Service, and Fees

17.1 ZipKode may add to or change or update these Terms and Conditions from time to time entirely at its own discretion and without notice to you.
Any and all amendments to the Terms and Conditions shall be published on the ZipKode website and shall be effective on the date of publication thereof.
You are responsible for checking these Terms of Conditions periodically to remain in compliance with these terms.
Your use of the Account or ordering of any Services after any amendment to the Terms and Conditions shall constitute your acceptance of these Terms and Conditions, and you also agree to be bound by any such changes/revisions.
You are advised to regularly check for any amendments or updates to the Terms and Conditions from time to time, as ZipKode shall not be liable to compensate you for your failure to do so.

17.2 Account Fees, Shipping Fees, and any other related charges stated herein or incidental hereto, as well as the Terms and Conditions are subject to change upon the sole discretion of ZipKode at any time whatsoever, and without prior notice to you.
There will be no refunds for your cancellation of the Service. ZipKode may also change the shipping frequency at any time without providing prior notice to you.

18. Termination

18.1 You agree that ZipKode may terminate these Terms and Conditions for good cause at any time and without notice.
Good cause shall include, but is not limited to:

18.1.1 Your use of the Account for illegal, obscene, or fraudulent purposes or for any purpose prohibited by ZipKode, the respective ZipKode Location, or other regulations;

18.1.2 Your failure to pay monies owed to ZipKode when due; and

18.1.3 Your violation of any provision of these Terms and Conditions or any provision of any related operating rules and policies that are published by ZipKode on the ZipKode website.

18.1.4 You acknowledge that, for the purpose of determining good cause for termination of these Terms and Conditions as provided herein, the actions of any person authorized by you to use your Account or the Service will be attributed to you.

18.1.5 ZipKode reserves the right to immediately terminate the Service upon suspicion of any of the activities stated in clauses above, and shall not be liable to compensate you for such termination.

18.2 You may terminate these Terms and Conditions and close the Account by providing ZipKode with 30 days prior written notice. ZipKode reserves the right to refuse to accept any dispatch and/or package delivered to your Account after the termination date.

18.3 If you use the Site in violation of this Agreement, ZipKode may, in its sole discretion, retain all data collected from your use of the Site.

18.4 You agree that ZipKode shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

18.5 If ZipKode terminates your license to access the Services, your obligations under this Agreement, including, without limitation, your obligation to indemnify and hold ZipKode harmless and your agreement that any claims you have against ZipKode will be barred after one year from the date they accrue, will survive such termination.

18.6 We can cancel your account or otherwise refuse service to you at any time for any reason (including repeat infringement).

19. Payments / Pricing

19.1 You authorize ZipKode to charge your payment method for all services and/or account activity with ZipKode. Such charges may include but are not limited to shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services.
Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of account, and involuntary return or the discarding of any remaining merchandise.

19.2 You will be charged at the rate applicable to your shipment set out in our website or as modified by us from time to time.
Charges are exclusive of all government taxes, import VAT applicable on total invoice value of goods (including insurance, freight, incidental charges related to transportation), custom duties (“Import VAT”), any other third party charges (including customs duty), that are payable on the shipment of your Goods, and you understand and agree that all such taxes, VAT, import VAT and third party charges will be paid by you prior to or upon delivery of your Shipment.