Terms of
Service
Last Updated: April 2, 2025
Effective Date: Jan 19, 2025
Introduction
Welcome to ShipSmart Logistics Inc. (“ShipSmart,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the ShipSmart platform, website, mobile app, and related services (collectively, the “Services”). By using ShipSmart, you agree to comply with and be bound by these Terms. If you do not agree, you must discontinue use of the Services immediately.
ShipSmart provides package consolidation and forwarding services designed to help users reduce shipping costs by combining multiple packages into a single shipment. However, we do not provide final delivery services; customers are responsible for selecting their own freight forwarders.
Eligibility and Account Requirements
To use ShipSmart, you must be at least 18 years old or have legal authorization to use the service. When creating an account, you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
ShipSmart prohibits unauthorized account sharing, fraudulent transactions, and any misuse of the platform. Any violation of these Terms may result in immediate suspension or termination of your account.
User Responsibilities and Compliance
Users are solely responsible for ensuring that all information provided to ShipSmart is accurate and up to date. This includes their shipping address, payment details, and package descriptions. Any inaccuracies or failure to provide complete and truthful information may result in service delays, additional fees, or account suspension.
Users must comply with all applicable laws, regulations, and policies of both ShipSmart and their selected freight forwarders. It is the user’s responsibility to confirm that their shipments do not contain prohibited or restricted items and that all required customs documentation is complete. ShipSmart is not responsible for any legal consequences arising from a user’s failure to comply with shipping regulations.
Users must also ensure that their interactions with ShipSmart employees, customer service representatives, and third-party partners remain professional and respectful. Abusive behavior, threats, or fraudulent activity may result in immediate termination of services and legal action.
Shipment Process and Responsibilities
Receiving and Processing Packages
ShipSmart provides users with a unique Miami address to receive online purchases. Users must ensure their packages are properly addressed, as improperly labeled shipments may be delayed, misplaced, or rejected. Once received, packages will be logged into the user’s account for review and processing. ShipSmart is not liable for incorrect addresses, lost shipments before arrival, or rejected packages.
Consolidation and Storage
ShipSmart allows users to consolidate multiple packages into fewer boxes to reduce shipping costs. Packages may be stored at no charge for up to 20 days. Beyond this period, a storage fee of $3.50 per day per package will apply. For consolidated shipments, storage fees of $5 per day will apply after 10 business days. If accumulated storage fees exceed the package value, ShipSmart reserves the right to dispose of the package without liability.
Forwarding and Freight Selection
Once consolidation is complete, users must select a freight forwarder to handle final delivery. ShipSmart is not responsible for the performance, reliability, or pricing of the freight forwarder. Users acknowledge that shipping times and conditions depend entirely on the freight forwarder’s policies and external factors.
Prohibited Conduct & Account Suspension
ShipSmart is committed to maintaining a secure and compliant shipping platform. Users are strictly prohibited from engaging in fraudulent transactions, misrepresenting shipment contents, or utilizing the platform for illegal activities. Any such actions may result in immediate account termination without refund.
Users may not use ShipSmart to ship items that are illegal, hazardous, counterfeit, or otherwise restricted. This includes but is not limited to firearms, explosives, controlled substances, and perishable goods requiring temperature control. A complete list of prohibited items is available in ShipSmart’s Prohibited Items Policy. If an unauthorized shipment is discovered, ShipSmart may refuse processing, confiscate the package, and report the violation to the appropriate authorities.
Additionally, abusive behavior toward ShipSmart employees, repeated disputes of valid charges, and attempts to circumvent service fees will result in account restrictions or termination. ShipSmart reserves the right to investigate any suspicious activity and take appropriate legal action.
Fees, Payment, and Billing
Service Fees
Users are responsible for all applicable fees, including but not limited to:
- Consolidation Fees, which depend on the number of packages and final box size.
- A Fixed Delivery Fee of $10 per consolidated shipment.
- Storage Fees of $3.50 per day per package after 20 days and $5 per day per consolidated shipment after 10 business days.
Payment Terms
All payments must be processed through the ShipSmart Payment System. Fees are due at the time of service, and no shipments will be released until full payment has been received. All charges are non-refundable except in cases where ShipSmart, at its sole discretion, issues a refund.
Refunds & Dispute Resolution
ShipSmart’s services are non-refundable except in specific cases where ShipSmart, at its sole discretion, determines that a refund is warranted. Users may be eligible for a refund if ShipSmart mislabels or misplaces a package or if an internal processing error occurs.
Refunds will not be granted for delays caused by freight forwarders, customs holds, or user error. Shipments that are seized, lost, or damaged after being transferred to a freight forwarder must be addressed with the freight company directly. Additionally, storage fees incurred due to unshipped packages are non-refundable.
Any disputes regarding service charges, lost items, or billing issues must be submitted to ShipSmart’s customer support team within 14 days of the issue. Users who initiate a chargeback through their payment provider instead of following ShipSmart’s dispute process may have their accounts permanently suspended.
Failed Payments and Account Suspension
If a payment is declined or fails, the user will receive an immediate notification. ShipSmart reserves the right to suspend or restrict access to services until payment issues are resolved. Any overdue balances may be subject to additional charges, including collection fees and legal enforcement costs.
Compliance with Laws & Customs Regulations
Users are solely responsible for ensuring that all shipments comply with applicable U.S. export laws, the import laws of the destination country, and the policies of their chosen freight forwarder. ShipSmart does not assume responsibility for packages that do not meet legal shipping requirements or customs regulations.
ShipSmart does not provide customs brokerage services. Users must ensure that all necessary documentation, duties, taxes, and tariffs are paid to the appropriate authorities. If a package is held, delayed, or confiscated by customs due to missing or incorrect documentation, the user bears full responsibility for resolving the issue. ShipSmart will not issue refunds or be liable for any additional fees or losses incurred as a result of customs enforcement.
ShipSmart prohibits the shipment of goods in violation of U.S. export control laws, including those restricted by the U.S. Department of Commerce, Department of Homeland Security, or other regulatory agencies. If ShipSmart discovers that a shipment violates any of these regulations, it reserves the right to refuse service, report the violation to relevant authorities, and take appropriate legal action.
Package Inspection and Security
ShipSmart reserves the right to inspect all packages upon arrival at our warehouse to ensure compliance with our policies and legal regulations. This may include opening and examining shipments for prohibited or restricted items. By using ShipSmart, users consent to such inspections.
ShipSmart does not assume liability for damages that may occur during package inspection, provided that reasonable care has been taken. If an item is deemed unsafe, illegal, or restricted, ShipSmart may refuse to process the shipment, notify the appropriate authorities, or return the package to the sender at the user’s expense.
ShipSmart may also conduct security screenings on accounts exhibiting suspicious activity. This includes but is not limited to sudden changes in shipment frequency, multiple failed payment attempts, or shipments flagged by authorities. If an account is flagged for security reasons, ShipSmart reserves the right to place holds on shipments, request additional documentation, or terminate service without notice.
Force Majeure (Natural Disasters & Unforeseeable Events)
ShipSmart is not responsible for any delays, disruptions, or inability to provide services due to circumstances beyond our reasonable control. This includes, but is not limited to, natural disasters such as hurricanes, earthquakes, and floods, as well as government-imposed restrictions, strikes, supply chain disruptions, war, terrorism, cyberattacks, or pandemic-related restrictions.
In the event of a force majeure occurrence, ShipSmart may suspend or modify its services without incurring any liability. Users will not be entitled to refunds or damages for delays resulting from these events. If a force majeure event significantly impacts operations, ShipSmart will provide an update on service adjustments, but users accept that disruptions may persist until conditions stabilize.
Fraud Prevention and Account Security
ShipSmart is committed to maintaining the security of its platform and protecting users from fraudulent activity. All user accounts are monitored for suspicious behavior, including unauthorized access attempts, multiple failed payments, and unusual shipment patterns.
If fraudulent activity is suspected, ShipSmart reserves the right to temporarily suspend the account and request additional verification before reinstating access. Users agree to cooperate with ShipSmart in investigating suspected fraud and to provide requested documentation, such as proof of identity or purchase receipts, when necessary.
Users are responsible for safeguarding their login credentials and account information. Sharing passwords, using weak credentials, or failing to update outdated security details may increase the risk of unauthorized account access. ShipSmart is not responsible for losses or damages resulting from compromised user accounts due to negligence.
User-Generated Content and Reviews
ShipSmart may allow users to submit reviews, testimonials, or feedback about their experience with the service. By submitting such content, users grant ShipSmart a non-exclusive, royalty-free, perpetual license to use, modify, and distribute their submissions for marketing and promotional purposes.
ShipSmart reserves the right to moderate, edit, or remove user-generated content that is defamatory, misleading, offensive, or in violation of our policies. Users are prohibited from posting false reviews, impersonating others, or attempting to manipulate ratings through fake testimonials.
ShipSmart is not responsible for the opinions expressed by users in publicly submitted reviews. However, if a review contains false claims, sensitive personal data, or legally questionable statements, ShipSmart reserves the right to take appropriate action.
Third-Party Services and Integrations
ShipSmart may integrate with third-party services, including payment processors, freight forwarders, and tracking providers, to enhance the shipping experience. While we carefully select our partners, ShipSmart is not responsible for the performance, reliability, or policies of these third-party services.
By using ShipSmart, users acknowledge that they may be required to agree to additional terms and conditions imposed by third-party service providers. ShipSmart is not liable for disruptions, errors, or losses caused by third-party integrations, nor can we guarantee that these services will always be available.
Users who experience issues with third-party providers must contact the relevant company directly for resolution. ShipSmart does not offer refunds or compensation for problems arising from third-party service failures.
Data Protection and Privacy Commitments
ShipSmart values user privacy and is committed to protecting personal data. We collect, store, and process information in accordance with our Privacy Policy, which users must review and accept as part of these Terms.
User data may be used to improve our services, process shipments, provide customer support, and comply with legal obligations. ShipSmart does not sell user information to third parties but may share necessary details with payment processors, freight forwarders, or regulatory agencies as required.
Users have the right to request access to their data, correct inaccuracies, or delete their account. However, certain records must be retained for legal or compliance reasons, such as transaction history and security logs.
ShipSmart implements industry-standard security measures to protect user data, but we cannot guarantee absolute protection against cyber threats. Users are encouraged to use strong passwords and enable multi-factor authentication where available.
ShipSmart does not sell or share user data with advertising platforms or data brokers, and does not track users for marketing purposes.
Package Abandonment and Disposal Policy
ShipSmart is not a long-term storage facility. If a package remains unclaimed beyond the allowed storage period and the user fails to pay the applicable storage fees, ShipSmart reserves the right to take appropriate action, including disposing of the package.
Unclaimed packages will first be subject to repeated notifications before disposal. If no response is received within the designated timeframe, ShipSmart may take one of the following actions:
- Resale or liquidation: Packages with resale value may be sold to recover unpaid storage fees.
- Recycling or donation: Certain items may be donated to charitable organizations if appropriate.
- Destruction: Perishable, hazardous, or unusable items will be disposed of safely.
Users waive all claims to packages that are abandoned due to unpaid storage fees. ShipSmart is not responsible for any losses resulting from package disposal.
Service Limitations and Liability
No Guarantee on Delivery Timelines
ShipSmart provides package consolidation and forwarding services but does not guarantee delivery timelines. Once a package has been forwarded to a freight forwarder, ShipSmart is no longer responsible for delays, lost shipments, or damages. Users must contact their freight forwarder directly for tracking and resolution of delivery issues.
Limitation of Liability
ShipSmart serves as an intermediary service for package consolidation and forwarding but does not guarantee final delivery. Users acknowledge that once a package is handed over to their chosen freight forwarder, ShipSmart is no longer responsible for delays, damages, or losses.
ShipSmart’s maximum liability for any lost or damaged package before forwarding is $50 or the total consolidation fee paid for that shipment, whichever is lower. Users shipping high-value goods should purchase third-party insurance to protect against potential losses, as ShipSmart does not provide insurance coverage for shipments.
ShipSmart shall not be liable for any indirect, incidental, or consequential damages, including lost business revenue, customs delays, additional duties, or fees imposed by third parties. Users assume full responsibility for ensuring that their shipments comply with international shipping laws and requirements.
Service Availability and Downtime
ShipSmart strives to provide continuous, uninterrupted service, but we do not guarantee that the platform, mobile app, or website will always be available. There may be instances of scheduled maintenance, software updates, server downtime, or unforeseen technical issues that could temporarily disrupt service.
ShipSmart is not liable for any losses, delays, or damages resulting from system outages, website maintenance, or external disruptions such as internet service provider failures. Users acknowledge that technical difficulties may occasionally prevent access to their accounts or delay package processing.
In the event of extended downtime, ShipSmart will make reasonable efforts to notify users and provide estimated resolution times. However, users accept that there may be times when certain services are unavailable without prior notice.
Disputes, Governing Law, and Arbitration
Mandatory Arbitration and Class Action Waiver
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved exclusively in Miami, Florida.
Users agree to resolve disputes through binding arbitration, except for matters requiring injunctive relief. Arbitration will be conducted in accordance with the rules of the American Arbitration Association. Users waive the right to participate in class-action lawsuits against ShipSmart, and all claims must be brought on an individual basis.
Indemnification
Users agree to indemnify and hold ShipSmart harmless against any claims, damages, or liabilities arising from fraudulent transactions, customs violations, or unpaid shipping fees.
Data Privacy and Intellectual Property
ShipSmart collects and processes user data in accordance with its Privacy Policy. By using the platform, users consent to ShipSmart’s data processing practices, including tracking package status and service usage.
All ShipSmart intellectual property, including software, website design, trademarks, and branding, remains the exclusive property of ShipSmart. Unauthorized copying, scraping, or modification of ShipSmart’s technology or services is strictly prohibited.
Modifications to the Terms
ShipSmart reserves the right to update these Terms of Service at any time. Any modifications will take effect immediately upon posting to the ShipSmart website. Users are responsible for reviewing these Terms periodically to stay informed of any changes.
ShipSmart will notify users of significant updates through email or in-app notifications where required by law, but continued use of the ShipSmart platform constitutes acceptance of the revised Terms. If a user does not agree with any modifications, they must cease using the Services immediately.
Account Termination and Violations
ShipSmart reserves the right to terminate or suspend any user account found in violation of these Terms. This includes fraudulent activity, misuse of services, or failure to pay outstanding balances. Upon termination, ShipSmart may retain unpaid fees and take legal action if necessary.
Non-Waiver of Rights
ShipSmart’s failure to enforce any provision of these Terms does not constitute a waiver of that right. Any waiver must be explicitly provided in writing and shall not apply to any future breaches or violations.
Users agree that ShipSmart may enforce these Terms at its sole discretion and that failure to act immediately on a breach does not prevent future enforcement. Users who continue to violate these Terms may be subject to legal action, account suspension, or termination of services.
Severability and Survival of Terms
If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions shall continue in full force and effect. The invalid portion shall be revised only to the extent necessary to comply with legal requirements while maintaining the intent of the original provision.
Certain obligations, such as payment responsibilities, indemnification, dispute resolution, and data protection terms, will survive the termination of the user’s account. These provisions will remain enforceable even if the user discontinues their use of ShipSmart.
Final Provisions
These Terms constitute the entire agreement between ShipSmart and the user. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
ShipSmart’s failure to enforce any right or provision under these Terms shall not be considered a waiver of those rights. Users may not transfer or assign their rights under these Terms without prior written consent from ShipSmart.
For further inquiries, users may contact ShipSmart at:
ShipSmart Logistics Inc.
1150 NW 72nd AVE, TOWER 1 STE 455 #19707
Miami, FL 33126
Email: team@goshipsmart.com