Last Updated: 6 September 2023
Welcome to Sendle!
We’ve drafted these Terms of Service (which we call the “Terms”) with our customers in mind. While an attorney could sift through pages of legalese, we hope that these will make sense to you, so you understand the rules that govern our relationship. These Terms do form a legal contract so parts may feel a bit more like the terms you see on other sites and in your other agreements. We apologize in advance if you need to read these sections a few times, but please do read them carefully so you understand your rights and obligations.
By accessing, visiting, or otherwise using Sendle.com (the “Site”) or any of our other products or services that link to these Terms or are otherwise made available via the Site (collectively referred to as the “Services”), you agree to these Terms. If you are using the Services to ship a parcel within the United States, you are entering into these Terms with Sendle USA, Inc. (“Sendle US”), and if you are using these Services to ship a parcel anywhere outside of the United States, you are entering into these Terms with Sendle Pty Ltd. (“Sendle Ltd.”). Sendle US and Sendle Ltd. may each be referred to herein as Sendle. If you do not agree to them, you may not use the Services.
Section 23 (Arbitration Agreement) contains provisions that govern how to resolve disputes between you and Sendle. Among other things, section 23 (Arbitration Agreement) includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 23 also contains a class action and jury trial waiver. Please read section 23 (Arbitration Agreement) carefully.
Unless you opt out of the Arbitration Agreement (as defined in section 23) within thirty (30) days in accordance with section 23.10 (30-day right to opt out): (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.
Sendle may amend these Terms at any time, but Sendle will provide you with notice when this happens. You are encouraged to review these Terms from time to time as your continued use of the Services will indicate your acceptance of them. If we make changes to these Terms, we will post the revised Terms and update the “Last Updated” date at the top of these Terms.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up for the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such Service. The Supplemental Terms shall be, and hereby are, incorporated by reference into these Terms.
1. Our Services
Sendle facilitates the booking and delivery of parcels. Sendle may refuse to provide Services at its discretion but we hope we never have to refuse Service to you. Sendle may arrange delivery via third-party providers/carriers and all shipments are subject to guidelines regarding size and unshippable goods which is further described in more detail below.
2. Who may use our Services
You must be at least eighteen (18) years of age to use our Services - sorry to all of the kids out there. By using our Services you also represent that (1) you are not barred from using the Services under the laws of the United States or any other applicable jurisdiction and that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; (2) you will comply with all applicable local, state, national, and international laws, rules, and regulations; and (3) the information you provide is true and correct.
If you are using the Services on behalf of a business or some other entity, you represent and warrant that you are authorized to agree to these Terms on behalf of the business or entity.
3. A few limitations on your use of our Services
We ask that you, and you agree to, use our Services in good faith and in a way so as to not bring disrepute or cause reputational or other damage to Sendle. We built our company on the idea that hassle-free shipping could bring people together, we hope that you will help us continue that tradition. To that end, you agree not to engage in any of the following prohibited behavior.
- Do not use our Services in any way that is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading.
- Do not upload or provide any content that: (a) infringes the intellectual or other proprietary interests of third parties; (b) contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms; or (c) violates any law.
- Please do not encourage or incite any other person to engage in any of the above behavior.
- In addition, do not: (a) use technology or other means that is not authorized by Sendle to access the Services; (b) use or launch any automated system, including without limitation, robots, scrapers, spiders, or offline readers, to access the Services; (c) attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of or harm the Services; (d) gain or attempt to gain unauthorized access to the Services including the networks or user accounts; or (e) attempt to or engage in conduct that damages, disables, overburdens, or impairs the Services, Site, servers or networks.
- Sendle's shipping labels are only valid for 30 days. After that time, they cannot be used.
4. The rights we grant you
The Services are provided to you through this license. Sendle retains all ownership and proprietary rights in the Services and hereby grants you the nonexclusive, revocable, royalty-free, non-assignable, and non-sublicensable license to access and use the Services for your internal business purposes, subject to these Terms.
This license commences upon your acceptance of these Terms and continues until termination by Sendle or you. Sendle has the discretion to terminate your license immediately and without notice at any time and may take legal action against you if you have breached these terms. All rights not specifically granted under this Agreement are reserved by Sendle and, as applicable, its licensors.
This limited license excludes the right to: (a) frame or utilize framing techniques to enclose all or any portion of the Site; (b) copy, republish, redistribute, transmit, sell, license or download the Services (except caching or as necessary to view the Site); (c) modify, reverse engineer or create any derivative works based upon the Services; (d) collect account information for the benefit of yourself or another party; (e) use any meta tags or any other hidden text utilizing any and/or all content from the Site; (f) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server or to scrape” or download data from any web pages contained on our platform or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from our platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); or (g) download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.
5. Your responsibilities
You are responsible for ensuring that:
- the parcel is weighed properly (remember to round up),
- the parcel is measured correctly,
- the parcel is labeled correctly (make sure label doesn’t wrap over the edge of the box),
- the parcel is within the size requirements,
- the parcel is in a safe and secure place for pickup,
- any bulk pickup requests (greater than 100 parcels) are communicated directly to Sendle (as we need to make sure we send the right size truck to pick up the parcels),
- the goods are not packaged in a carrier branded box (for example USPS Flat Rate boxes…but it's okay to use a Sendle compostable satchel),
- the goods are accurately described,
- the goods do not contain any of the unshippable goods described below,
- the goods are properly packaged for transit given the nature of the goods to facilitate safe transportation with ordinary care in handling, and
- you are the owner or have the authorization of the owner of the goods and/or are authorized to send them.
Most importantly, you are responsible for the accuracy of the pickup and delivery address you provide. An incorrect or incomplete address may result in a parcel that cannot be picked up, delivered or that is lost or stolen upon delivery. Sendle takes no responsibility for loss caused by an inaccurate address (and it can impact the rate you pay).
6. Limitations on the size of your parcel
You may use the Services to ship parcels up to 108 inches in combined length and circumference, with no side exceeding 47", and under 70 pounds. Parcels may not be less than 6X4X1/4 inches in dimension.
We reserve the right to refuse to take parcels for delivery that exceed these size and weight limits.
7. Unshippable goods
We hope that our Services meet all of your shipping needs, but there are some things that we cannot help you ship. You may not use the Services to ship any goods which are prohibited by law or regulation, or any hazardous materials, dangerous goods or other items which are subject to regulation by Title 49 of the U.S. Code of Federal Regulations or as defined by the USPS https://www.usps.com/ship/shipping-restrictions.htm.
Sendle reserves the right to refuse any parcel which may soil, taint or otherwise damage other parcels or equipment so definitely not anything leaking through the package.
8. Goods shipped at your own risk
You understand that Sendle utilizes third party carriers in connection with the performance of the Services, and that Sendle does not control or have any authority over such carriers. While Sendle makes reasonable efforts to utilize reputable carriers, it ultimately does not accept any risk or liability with respect to your parcels, including any liability related to loss or damage. Given these inherent risks, there are several categories of goods that we don’t recommend you ship using our Services but may be shipped at your own risk.
- Second-hand goods and clothes
- Perishables (e.g. fresh fruit and vegetables, meat or frozen goods)
- Flowers or plants
- Second-hand car parts
- Loose batteries
- Fine art
- Jewelry, gems, trinkets or precious metals
- Cash or other negotiable instruments (e.g. tickets)
- Irreplaceable legal documents or other valuables
- Irreplaceable items or items with a value exceeding $1500.00
Again, if you choose to send these goods with Sendle despite our warnings, you do so at your own risk. We strongly advise you to arrange your own coverage for loss or damage.
9. Some rights you grant to us
Right to Open and Inspect. We reserve the right for Sendle and/or its agent to open and inspect parcels at any time, without notice to you or your recipient, to determine the nature, condition, ownership or destination of the contents for the purpose of determining your compliance with these Terms, as required by applicable law, to protect the health and safety of Sendle and others, and/or enforce Sendle’s rights in these Terms.
Disposal of Unshippable Goods. We reserve the right to take any actions deemed appropriate in our sole discretion, if we reasonably believe a parcel contains unshippable goods or contains goods that have not been properly described. This includes the right to destroy or dispose of the goods or contact any relevant authorities to do so. In this case, we have the right to charge you for any disposal costs.
Repackaging. We reserve the right, at our expense, to repackage parcels damaged during transportation.
Feedback. You agree that submission of any ideas, suggestions, documents and/or proposals to Sendle through its suggestion, feedback, forum or similar pages (“Feedback”) is at your own risk and that Sendle has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback to Sendle. You hereby grant to Sendle a fully paid, royalty free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise use any and all Feedback for any lawful purpose.
10. How you pay for our Services
You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. A valid credit card must be connected to your Sendle account at the time of placing an order through the Services. We accept payment through a third-party payment gateway. We do not store any credit card numbers. You agree to immediately notify Sendle of any change in your payment information to maintain its completeness and accuracy. Sendle reserves the right at any time to change its prices and billing methods in its sole discretion. You agree to have sufficient funds or credit available upon placement of any order to ensure that the purchase price is collectible by us. Your failure to provide accurate payment information to Sendle or our inability to collect payment constitutes your material breach of these Terms. Except as set forth in these Terms, all fees and charges for the Service are non-refundable.
We may choose to take payment for an order immediately at the time of placing an order, or on a weekly or some other interim basis where a single payment will be taken for one or more orders. If a credit card payment fails, we may either retry the payment or choose to lock your account. We do not charge a fuel levy, however, at times additional costs may apply due to taxes, duties or imports.
In the event your parcel does not comply with these Terms, such as exceeding the maximum allowable parcel size described above, we reserve the right to charge an additional fee to cover any additional fees and/or costs incurred by Sendle attributable to your non-compliance. A service fee may also be charged.
In the event payment is delinquent, you will have five (5) calendar days to remedy the breach. If not remedied, we may charge interest at the rate of 1.5% per month (or the highest rate permitted under applicable law, whichever is lower) from the date due until paid, which interest will be added to the unpaid amount due and owing by you.
11. Order Changes and Cancellations
Order Changes: You may make changes to delivery information prior to the parcel being collected by, or dropped off with, the carrier. If a change to the delivery address arises once the parcel is in transit, we cannot guarantee that we will be able to communicate the new address to the carrier in time.
Order Cancelations: An order can only be canceled prior to collection by, or drop off with, the carrier, in which case a full refund will be provided. Orders cannot be canceled once they have been collected by, or dropped off with, the carrier.
12. Our coverage of your shipment
In the event any parcel you ship via the Sendle Services has not been delivered by the last day of the estimated delivery window provided in connection with such shipment, you must contact Sendle within twenty-one (21) days of such date in order to be eligible for support as further described below. If the parcel(s) are covered by Sendle Cover and have been declared lost in transit by Sendle, or they were damaged in transit, and the package is not a return order, you may make a claim. Sendle will cover all Sendle parcels for loss or damage, unless otherwise stated.
All claims are limited to the sales price of the goods in the parcel, subject to a maximum of $100.00 USD for Sendle Saver, Ground Advantage Plus, Priority Mail and Mail Express packages and up to $150.00 USD for Sendle Preferred and Sendle 2- and 3-Day Guarantee services. The sales price amount covered by Sendle Cover excludes GST, sales taxes, fees, markups, extra charges, and shipping costs.
Sendle is not liable to pay for any loss of sale, data, revenue, profit, production, or business or any indirect, special or consequential loss or damage including but not limited to of any kind or nature, regardless of whether such damages or losses were foreseeable. In no event will Sendle’s total aggregate liability to you exceed the greater of: $150.00 USD.
Please note: Parcels left unattended for collection are left at the responsibility of the sender. Parcels left unattended after delivery are left at the responsibility of the recipient. Sendle does not have liability for any loss or damage that occurs to unattended parcels.
13. Your privacy is important to us
14. Protecting your account
To access our Services, you must open an account with us (an “Account”). You are responsible for maintaining the confidentiality of your Account, including your username and password. We are not responsible for any unauthorized transactions made through your Account attributable to your negligent or wilful acts or omissions.
By using the Services, you agree that, in addition to exercising common sense:
- you will not create more than one Account for yourself.
- you will not create another Account if we have already disabled your Account, unless you have our written permission to do so.
- you will not buy, sell, rent, or lease access to your Sendle Account.
- you will not share your password.
- you will not log in or attempt to access the Services through unauthorized third-party applications or clients.
Sendle retains the right to close an account anytime. If you think that someone has gained access to your Account, please immediately reach out to Sendle Support.
15. Your relationship with third parties
We use a linked third-party payment provider and Sendle does not provide any guarantees or warranties in relation to the functionality or security of that third-party provider.
16. Changes to the Services; Termination of Services
We're constantly improving and expanding our Services. We may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we may not have an opportunity to provide you with any notice beforehand.
Sendle may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services or impose new or additional limits on your ability to use our Services, with or without notice. For example, we may deactivate your Account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
Of course, you can terminate these Terms at any time and for any reason by deleting your Account.
Sections 16, 17 and 19-26 of the Terms will survive any termination of these Terms.
17. Possible response to breaches of these Terms
We reserve the right to take any actions available to us under applicable law if we reasonably suspect that a breach of these Terms has occurred, including, without limitation, any of the following:
(a) issue a formal warning;
(b) suspend or delete your Account;
(c) suspend or prohibit access to our Services and/or the Site; and/or
(d) take legal action against you.
If we suspend, prohibit or block your access to our Services and/or the Site, any action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of these Terms.
18. If you use our API
We provide a number of services, such as quoting, booking and tracking, via an Application Programming Interface (API). You may use the API solely for the purpose of using the Services for your personal or internal business use. You may not use the Sendle APIs on behalf of any third parties without Sendle’s prior written permission, on a case-by-case basis. Sendle reserves all right, title and interest in and to its APIs.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Sendle, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all damages, losses, costs, liabilities, and expenses (including attorneys’ fees) incurred by such parties due to, arising out of, or relating in any way to any third party claim, suit or action based on: (a) your access to or use of the Services and (b) your breach of these Terms.
The services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, while Sendle attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free, or timely; (b) the services will always function without delays, disruptions, or imperfections; or (c) that any content or information you obtain on or through the services will be timely or accurate.
21. Limitation of Liability
To the maximum extent permitted by law, Sendle and our managing members, shareholders, employees, affiliates, licensors, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) the conduct of third parties on or through the services; regardless of form or theory of law or otherwise even if it has been advised of the possibility.
In no event will Sendle's aggregate liability for all claims relating to the services exceed the greater of $100 USD or the amount you paid Sendle, if any, in the last 12 months.
22. Force Majeure
Except for obligations to make payment, non-performance by Sendle will be excused to the extent that performance is rendered impossible or impractical by acts of God, lightning strike, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage, strikes, utility disruptions or failures, revolution, governmental acts, orders or restrictions, or any other cause beyond Sendle's reasonable control. Neither Sendle's delay or failure to perform due to any such force majeure event shall be construed as a breach of contract and these Terms shall continue in full force and effect during any such period of interruption.
23. Arbitration, Class-Action Waiver, and Jury Waiver
ARBITRATION AGREEMENT. Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with Sendle and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and Sendle agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any and prior versions of these Terms, including claims and disputes that arose between you and us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and Sendle may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or Sendle may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of these Terms as well as claims that may arise after the termination of these Terms.
- Informal Dispute Resolution. There might be instances when a Dispute arises between you and Sendle. If that occurs, Sendle is committed to working with you to reach a reasonable resolution. You and Sendle agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and Sendle therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to Sendle that you intend to initiate an Informal Dispute Resolution Conference should be sent by email or written message via our contact page or regular mail to our offices located at 1201 3rd Ave #2200 Seattle WA 98101. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
- Waiver of Jury Trial. You and Sendle hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Sendle are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 23.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class and Other Non-Individualized Relief. YOU AND SENDLE AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 23.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 23.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Sendle agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Washington. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Sendle from participating in a class-wide settlement of claims.
- Rules and Forum. These Terms evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Sendle agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and Sendle otherwise agree, or the Batch Arbitration process discussed in Section 23.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and Sendle agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
- Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Washington and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 23.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 23.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 23.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 23.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 23.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 23.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
- Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or Sendle need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
- Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and Sendle agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against Sendle by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Sendle.
You and Sendle agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: email@example.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Invalidity, Expiration. Except as provided in Section 23.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with Sendle as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
- Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Sendle makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to Sendle at 1201 3rd Ave #2200 Seattle WA 98101, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Sendle will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.
24. Exclusive Venue
To the extent that these Terms allow you or Sendle to initiate litigation in a court, both you and Sendle agree that all claims and disputes (whether contract, tort, or otherwise), including statutory claims and disputes, arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the United States for the Western District of Washington. If, however, that court would lack original jurisdiction over the litigation, then all such claims and disputes will be litigated exclusively in the Superior Court of Washington, King County. You and Sendle consent to the personal jurisdiction of both courts.
25. Choice of Law
Except to the extent that they are preempted by U.S. federal law, the laws of Washington, other than its conflict-of-laws principles, govern these Terms and any claims and disputes (whether contract, tort, or otherwise) arising out of or relating to these Terms or their subject matter.
These Terms (together with any additional terms, policies, guidelines or standards applicable to specific Services you use) make up the entire agreement between you and Sendle, and supersedes any prior agreements.
These Terms do not create or confer any third-party beneficiary rights.
If we do not enforce a provision in these Terms, it will not be considered a waiver.
We reserve all rights not expressly granted to you.
You may not transfer any of your rights or obligations under these Terms without our consent.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
The communications between you and Sendle may take place via electronic means, whether you visit the Service or send Sendle emails, or whether Sendle posts notices on the Service or communicates with you via email. For contractual purposes, you (i) consent to receive communications from Sendle in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Sendle electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
27. Contact Us
If you would like to share any comments, questions, concerns, or suggestions with us. Please contact our team.
Sendle USA, Inc. is located in the United States at Sendle USA, 251 Little Falls Dr, Wilmington, DE 19808.