When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:
Account means any and all TrackShip accounts created or on behalf of by User.
Affiliates means any and all Entities wherever incorporated which is a parent company, a subsidiary and/or an associated company.
TrackShip means Zorem Ltd. and its Affiliates.
TrackShip Tracking means any and all services provided by TrackShip in connection with tracking and parcel information (such as individually reported tracking events, parcel location and timing information) including but not limited to the relevant portions of the Site, Software and Documentation.
Data means all electronic data, text, messages or other materials submitted to the Service by You in connection with your use of the Service.
Documentation means any written or electronic documentation, images, video, text or sounds specifying the functionalities of the Service provided or made available by TrackShip to You through the Site or otherwise.
Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Released Parties means TrackShip, and its officers, directors, shareholders, employees, agents, and successors
Service(s) means any and all services provided by TrackShip to User including but not limited to the use and access to the Site, TrackShip Tracking and tools such as Software and any Documentation. Any new or modified features added to the Service are also subject to these Terms.
Service Plan means the specific plan for which You subscribe, whether free or paid, as detailed on the Site, and the portion of the Service associated with said plan.
Site means any and all websites operated or owned by TrackShip including namely but not exclusively www.TrackShip.com.
Software means any and all software(s) provided by TrackShip to Users.
Subscription Term means the period during which You have agreed to subscribe to the portion of the Service as detailed in the Service Plan.
Third Party Services means third party products, applications, services, software, products, networks, systems, directories, websites, databases and information which the Service links to, or to which User may connect or enable in connection with the Service, including, without limitation, certain Third Party Services which may be integrated in the Service.
User, You, Your means any individual or Entity using the Site and/or the Services.
- GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE
2.1 Subject to the agreement and the compliance by User with these Terms, User has the right to access and use the portion of the Service provided by TrackShip for free and with no subscription, as detailed on the Site.
2.2 An Internet connection is required for proper transmission of the Service. User is responsible for procuring and maintaining the network connections that connect the network to the Service, including, but not limited to, “browser” software that supports protocols used by TrackShip, including Secure Socket Layer (SSL) protocol or other protocols accepted by TrackShip. TrackShip is not responsible for any modification or compromise of data, including Your Data, caused by the transmission across computer networks or telecommunications facilities which are not owned, operated or controlled by TrackShip. TrackShip assumes no responsibility for the reliability or performance of any connections described in this section.
2.3 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service to process data on behalf of any third party; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any association or partnership with TrackShip; (e) use the Service in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights and any privacy rights; (h) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Software, the Site or the Service; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”); (l) try to use, or use the Service in violation of these Terms; (m) obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other User through any means not purposely made available through the Service; (n) probe, scan, or test the vulnerability of any system or network of TrackShip or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TrackShip to protect the Service, Site or Software (o) misrepresent yourself, your age or impersonate any other individual or entity.
2.4 The Service is not available to individuals who are younger than 18 years old. You may not use the Site if you are not of a legal age to form a binding contract and otherwise capable of entering into these Terms. TrackShip does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to TrackShip; any information submitted by such users will not knowingly be used, posted, or retained by TrackShip.
2.5 User is responsible for compliance with the provisions of these Terms and for any and all activities that occur under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations including namely but not exclusively all applicable privacy laws and regulations. You are solely responsible for ensuring that the use of the Service and the transmission, collection and use of Your Data does not to infringe any third party’s intellectual property and privacy rights. User also maintains all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for its purposes. Access to and use of portion of the Service may be restricted to a specified number of individuals permitted under the applicable Subscription Plan. User agrees and acknowledges that each individual will be identified by a unique username and password (“Login”) and that an individual Login may only be used by one (1) individual. Users are responsible for maintaining the confidentiality of all Login information related to the Account.
2.6 TrackShip reserves the right, in TrackShip’s discretion, to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the Service caused by Force Majeure events or circumstances; (c) if TrackShip suspects or detects any malicious software or file connected to Your Account or use of the Service by You; (d) for any other reason which TrackShip deems reasonable. TrackShip will use commercially reasonable efforts to schedule planned downtime for weekends (Pacific time zone) and other off-peak hours. TrackShip will use commercially reasonable efforts to communicate in advance the planned downtime periods to Users.
- DATA PRIVACY AND SECURITY; CONFIDENTIALITY
3.1 Subject to the express permissions of these Terms, You and TrackShip will protect each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, TrackShip and User may only use the other party’s Confidential Information solely to exercise their respective rights and perform their respective obligations under these Terms and shall disclose such Confidential Information solely to those of their respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse, such Confidential Information.
“Confidential Information” means all information disclosed by User to TrackShip or by TrackShip to User which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms; or (d) was or is independently developed by the receiving party without use of the disclosing party’s Confidential Information.
3.2 TrackShip will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Your Data.
3.3 You agree that TrackShip and the service providers TrackShip uses to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any Third Party Service providers TrackShip utilizes will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service.
TrackShip may also access or disclose information about the Account, Your Data, Users in order to (a) comply with the law or respond to lawful requests or legal process; (b) protect TrackShip’s or its customers’ or partners’ rights or property, including enforcement of these Terms or other policies associated with the Service; (c) act on a good faith belief that such disclosure is necessary to protect personal safety or avoid violation of applicable law or regulation.
3.5 TrackShip will process, use, modify, collect and store Personal Data within the meaning of applicable data protection laws and regulations.
3.6 As part of the provision of the Services, TrackShip may process Personal Data, as processor, on behalf of User, the controller. In such case, the following provisions 3.6-3.8 apply.
TrackShip will process Personal Data for entire duration of the performance of the Services for User, and longer as may be required by law or to meet necessary retention periods.
Depending on Services rendered, the processing shall take the following form:
- TrackShip Tracking:
(i) categories of Personal Data: Order Information, Shipping Information, Customer Information, User Information, Tracking Information, Connected Email Information
(ii) categories of data subjects: end-customers and merchant representatives
(iii) nature and purpose of the processing: All Personal Data processing is linked to the use of the TrackShip Services through the TrackShip Site and Software in order to: Help Users to provide a branded tracking experience to end customers, Help Users to send delivery email or SMS notifications to end customers, Help Users to manage delivery status of all shipments in one place, Help Users to monitor shipping performance, Help Users to customize tracking and notification experience.
The different categories of Personal Data cover the following elements:
order number, order value, order date, item name, item value, item amount, item weight
tracking number, carrier name, shipping method, box type, parcel weight, ship date, ship from address
customer name, customer email, customer phone number, customer’s shipping address
user name, user email, password, store name, store website, social media profiles, brand logo, marketing banner, payment information, carrier preferences, notification content, notification preferences, account settings
delivery status, delivery location, delivery date, signed by name, expected delivery date
Connected Email Information
email content, email date
3.7 User represents and warrants that it processes all Personal Data in accordance with the applicable data protection laws and regulations. In this respect when acting as controller, User shall ensure that all Personal Data was collected in accordance with the applicable data protection laws and regulations on valid legal grounds, all the necessary Personal Data information communications related to transparency have been made to the data subject, in particular regarding the existence of international transfers and the sharing of Personal Data, as well as the necessary consents for conducting direct marketing or other data processing activities validly obtained.
User further acknowledges that TrackShip, as a company based in Israel, processes Personal Data outside of the European Economic Area (EEA) and that TrackShip uses sub-contractors based outside of the EEA.
3.8 With respect to any Personal Data processing, TrackShip shall:
- process such Personal Data only on documented instructions from User, including with regard to transfers of Personal Data to a third country or an international organization;
- when processing Personal Data outside of the EEA and to the extent necessary, take all reasonable steps to implement one of the mechanisms foreseen under the applicable data protection laws and regulations to ensure an adequate level of protection for Personal Data processing activities;
- ensure that persons authorized to process such Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account in particular the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed, and ensure that any natural person acting under the authority of User who has access to Personal Data does not process them except on instructions from User, unless he or she is required to do so by applicable law;
- TrackShip shall impose on any other processor that it engages for carrying out specific processing activities on behalf of User, the same data protection obligations as set out herein, by way of a contract or other legal act under applicable law. Where that other processor fails to fulfil its data protection obligations, TrackShip shall remain fully liable to User for the performance of that other processor’s obligations.
- taking into account the nature of the processing, assist User by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of User’s obligation to respond to requests for exercising the data subject’s rights under applicable data protection legislation. TrackShip may charge an additional fee for the administration of such requests;
- assist User in ensuring compliance with the obligations under applicable data protection legislation in relation to security of processing, to the notification of any breach of Personal Data to supervisory authorities and data subjects where relevant, to the carrying out of data protection impact assessments where required and to prior consultation of the supervisory authority;
- at the choice of User, delete or returns all such Personal Data to User after the end of the provision of the Products and Services under the Agreement, and delete existing copies unless applicable law requires storage of the Personal Data;
- make available to User all information necessary to demonstrate compliance with these obligations and allow for and contribute to audits, including inspections, conducted by User or another auditor mandated by User.
- Audit and inspection costs as well as any other unreasonable expenses for compliance with the foregoing obligations in this clause shall be borne by the User.
- INTELLECTUAL PROPERTY RIGHTS
4.2 The trademarks including the mark TrackShip® as shown on the Site, the Software or the Documentation are trademarks owned by TrackShip (collectively, “TrackShip Trademarks”). Unless otherwise provided by applicable laws or regulations, TrackShip Trademarks may not be used in any manner other than expressly authorized in a written agreement.
4.3 TrackShip shall maintain all rights, title and interest in and to TrackShip patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights. TrackShip shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback TrackShip receives from You. TrackShip reserves all rights not expressly granted to You.
- THIRD PARTY SERVICES
5.1 If You decide to enable, access or use Third Party Services, be advised that Your access and use of such Third Party Services is governed by the terms and conditions of such Third Party Services, and TrackShip does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Third Party Services, including, without limitation, the accuracy, completeness or authenticity of the information contained or the manner in which the service providers of such Third Party Services handle data, including Your Data, or any interaction between You and the service provider. You irrevocably waive any claim against TrackShip with respect to such Third Party Services. TrackShip is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access or use of any such Third Party Services, or Your reliance on the privacy practices, data security processes or other policies of such Third Party Services. You may be required to register for or log into such Third Party Services on their respective websites. By enabling any Third Party Services, You are expressly permitting TrackShip to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Other Service.
5.2 The Service may contain features and functionalities that may link You or provide You with access to third party content which is completely independent of TrackShip, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Service are solely between you and such organizations or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any interaction with any of the third parties providing Third Party Services. You agree that TrackShip is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.
5.3 If there is a dispute between Users, or between Users and any third party, You understand and agree that TrackShip is under no obligation to become involved. In the event that You have a dispute with any other User, You hereby release the Released Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
5.4 TrackShip may obtain information, including Personal Data, from third parties and combine that with information TrackShip collects through the Service such as in the case where You use a Third Party Service or where we may have access to certain information from a third party social media or authentication service if You log into Our Services through such service or otherwise provide Us with access to information from such service. Any access that We may have to such information from a third party social or authentication service is in accordance with the authorization procedures determined by that service.
- TRACKSHIP TRACKING
6.1 During the Subscription Term and subject to compliance by User with these Terms, User has the limited right to access and use the portion of the Service consistent with the Service Plan.
6.2 In Order to subscribe to one of our paid Subscription Plans, User shall pay a monthly subscription fee according to one of our Subscription Plans, as described on the Site. For more information about our Subscription Plans, please refer to our pricing page (https://trackship.com/pricing/).
6.3 Every new account opened with TrackShip will automatically be credited with 100 free trackers. These trackers will enable the User to enjoy the full TrackShip experience with all our premium features. We want the Users to experience the TrackShip Tracking services before paying for one of our Subscription Plans. The free trackers will be available until they are used by the User or until the User joins one of our Subscription Plans, whereby the terms of the Subscription Plan will prevail.
6.4 If User utilizes all available monthly trackers, based on the various Subscription Plans, User can upgrade to a higher Subscription Plan. This means that the User will need to start a new Subscription Plan, rather than changing his current Subscription Plan, and such plan will begin upon finalizing the payment for the new Subscription Plan.
6.5 If a User decides to cancel his subscription in the middle of his Subscription Term, any remaining trackers will be available for his use until the end of the month. A month is defined as 30 days from the day such Subscription Term began.
6.6 TrackShip provides tracking information originating from the relevant carriers. In addition, and without any limitation to the Warranty Disclaimer provided in These Terms, TrackShip makes no warranty whatsoever (i) in respect of the accuracy and integrity of the information provided by the carriers and (ii) that the information will be communicated to the User integrally and/or in a timely manner.
7.1 Unless otherwise provided by TrackShip in writing, charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). User is responsible for paying Taxes except those assessable against TrackShip based on its income. TrackShip will invoice User for such Taxes if TrackShip has or believes it has a legal obligation to do so and User agrees to pay such Taxes if so invoiced.
7.2 If User pays by credit card, the Service provides an interface for the account owner to insert or change credit card information. The User will receive a receipt for each confirmed payment. If User pays by credit card, User agrees that TrackShip will use a third-party intermediary to manage credit card processing.
- WARRANTY DISCLAIMER
YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR NAMELY BUT NOT EXCLUSIVELY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) AVAILABILITY AND TIMELY PROVISION OF DATA THROUGH THE SERVICES, TO THE EXTENT SUCH ORIGINATES FROM THIRD PARTIES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF TRACKSHIP SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE.
THE RELEASED PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SERVICE OR ANY LINKED WEBSITE.
As some jurisdictions do not allow disclaimer of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF TRACKSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH THIRD PARTY SERVICES RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL TRACKSHIP’S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SERVICE.
In some jurisdictions, some of the foregoing limitations may not apply.
- INDEMNITY OF TRACKSHIP
- FORCE MAJEURE
TrackShip will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond TrackShip’s reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
- APPLICABLE LAW
- OTHER PROVISIONS