If you are shipping a parcel within the United States, you are agreeing to the Sendle USA, Inc. Terms of Service.
If you are shipping a parcel anywhere else, you are agreeing to the Sendle Pty Ltd Terms of Service.
Sendle USA, Inc.
Terms of Service
(If you live in the United States)
Effective: September 15, 2019
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 (collectively referred to as the “Services”), you agree to these Terms. If you do not agree to them, please do not use the Services.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE. YOU AND SENDLE USA, INC. AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, SUBJECT TO CERTAIN EXCEPTIONS IN THAT ARBITRATION CLAUSE FOR SPECIFIC TYPES OF DISPUTES. IN ADDITION, YOU AND SENDLE USA, INC. WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
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.
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 and all shipments are subject to guidelines regarding size and unshippable goods which we’ll describe 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 state 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 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.
And 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.
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 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; (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:
- you are the owner or have the authorization of the owner of the goods and are authorized to send them,
- 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,
- the parcel is within the size requirements, and
- the parcel is in a safe and secure place for pickup.
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.
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 and under 70 pounds.
We reserve the right to refuse to take parcels for delivery that exceed these size and weight limits. We also must insist that your parcel is at least 4x6x1/4 inches.
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.
In addition to unshippable goods, 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 trust that you will comply with these Terms, but 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.
Disposal of Unshippable Goods. We reserve the right to do anything deemed appropriate in our sole discretion, if we think 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.
10. How you pay for our Services
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 details.
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.
We reserve the right to charge an additional fee to cover the difference in cost of delivery in the event that the actual weight or volume of your parcel exceeds the maximum allowable parcel size described above. A service fee may also be charged.
In the event payment is delinquent, you will have five (5) calendar days to remedy. If not remedied, you will bear 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. Changes to an order
Changes to delivery information can only be made prior to the parcel being collected. 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 delivery driver.
An order can only be cancelled prior to collection, in which case a full refund will be provided. Orders cannot be cancelled once they have been collected.
12. Our coverage of your shipment
For domestic and international deliveries, you must contact Sendle within twenty-one days of the last date in the delivery ETA range if the goods have not been received. If the goods are covered by Sendle Cover and have been declared lost in transit by Sendle you may make a claim. Sendle will not provide Sendle Cover for goods damaged in transit.
All claims are limited to the sales price of the goods in the parcel, limited to a maximum of $150.00. 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 direct, indirect, economic, special or consequential loss or damage including but not limited to loss of sale, revenue, profit, production, business or claims made by you or made against you, regardless of foreseeability. Without limiting any rights at law our liability is limited to supplying the services again, or to the cost of supplying the services again.
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. 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. You are responsible for any activity that occurs in your Sendle account, so it’s important that you keep your account secure. One way to do that is to select a strong password that you don't use for any other account.
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 including termination
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. 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.
Regardless of who terminates these Terms, both you and Sendle continue to be bound by Sections 16, 17 and 19-26 of the Terms."
17. Possible response to breaches of these Terms
We reserve the right to take any of the following actions if we reasonably suspect that a breach of this agreement has occurred:
(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, 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). Sendle is the owner of the API however, we give you the right to use the API for your own purposes, explicitly for sending your own parcels. If you wish to use the API for the purpose of sending parcels for other parties, you must first seek the permission of Sendle to do so and adhere to any requirements set by Sendle from time to time. You can seek this permission by contacting the Sendle business team.
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 complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (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
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND SENDLE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
You and Sendle each agree that any and all disputes and claims that relate in any way to or arise out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration on an individual basis, rather than in court. You may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
If the value of the relief sought is $10,000 or less, you or Sendle may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sendle subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Sendle may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Rules. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Arbitration Agreement.
Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Sendle will pay all filing, administration, and arbitrator fees associated with the arbitration. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Sendle for all fees associated with the arbitration paid by Sendle on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Class-Action Waiver. YOU AND SENDLE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND SENDLE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Sendle’s right to appeal the court's decision. All other claims will be arbitrated.
Jury Trial Waiver. YOU AND SENDLE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Sendle are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Sendle over whether to vacate or enforce an arbitration award, YOU AND SENDLE WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
Severability. With the exception of any of the provisions of the Class Action Waiver, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Opt-Out. You may opt out of this arbitration agreement. If you do so, neither you nor Sendle can force the other to arbitrate. To opt out, you must notify Sendle in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your Sendle username and the email address you used to set up your Sendle account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email your opt-out notice to email@example.com, ATTN: Legal Arbitration Opt-out.
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.
27. Contact Us
If you would like to share any comments, questions, concerns, or suggestions with us. Please contact us here.
Sendle USA, Inc. is located in the United States at Sendle USA, 251 Little Falls Dr, Wilmington, DE 19808.