Incorporated Terms – Shipping Terms

Date of Last Revision: June 14, 2019

By using the shipping services offered by BigCommerce (“BigCommerce Shipping”), offered in conjunction with Hawk Applications Corp. dba ShipHawk (“ShipHawk”) and Parcelcast, LLC (“Parcelcast”), you agree that the terms below are incorporated into, and form an integral part of, the BigCommerce Terms of Service. If you do not agree with these terms then you should not use BigCommerce Shipping. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed them in the Terms of Service. Any breach of the terms below will be deemed a material breach of the Terms of Service.

1. Additional Terms. Your use of BigCommerce Shipping will be subject to ShipHawk’s Terms of Service and Privacy Policy available at https://shiphawk.com and Parcelcast’s Terms of Use and Privacy Policy available at https://www.parcelcast.com (“Parcelcast Terms”). Your use of Courier Services (as defined below) is subject to, and you are responsible for compliance with, all applicable Courier (as defined below) rules and terms. You should ensure that you are familiar with and approve the terms on which shipping services are provided. You are responsible for compliance with all local and international shipping and customs regulations.




2. Use. BigCommerce Shipping allows you to compare and purchase shipping services from third party couriers (each a “Courier”) to assist you with fulfillment for orders made through your Store(s) (“Orders”). You will use BigCommerce Shipping solely in connection with the Services and in compliance with the Terms, all applicable laws, and all procedures that may be provided to you by BigCommerce from time to time. Use of BigCommerce Shipping's rate functionality, including through APIs, is permissible only if you are using BigCommerce Shipping for label generating services.




3. Transfer. Courier Services may not be transferred or sold to a third party; provided, however, you are permitted to charge or pass through your shipping costs to your customers at your discretion.




4. Responsibilities.
   1. You. You are responsible for shipping Orders to your customers. Any use by you of BigCommerce Shipping is entirely at your own risk and discretion. You are responsible for knowing, and complying with, all Courier rules and regulations related to shipping with Couriers. This includes, without limitation, declaring accurate weight and package dimensions and choosing services applicable to the shipping contents. You will be assessed any carrier penalties from your use of Courier Services.
   2. Providers. BigCommerce and Parcelcast (collectively, “Providers”) serve only as intermediaries between you and the applicable services of the Courier (“Courier Services”). Providers are not liable for the thoroughness, timeliness or accuracy of information displayed through the Courier Services in relation to services provided by Couriers. Providers are not responsible to pick up, transport, deliver, or otherwise handle shipments. Providers are not responsible for loss, non-delivery, late-delivery or damage in transmit and you agree to indemnify Providers and their affiliates against claims by your customers for losses arising from such issues. Providers are not liable in any way for action, inaction, errors, omissions, representations, and warranties or breaches thereof, or any manner of negligence related to any Courier, or for personal injury, property damage, death, or any other expenses or damages caused or incurred by your interaction with any Courier.

   
   

5. Payment and Fees. Terms governing the payment of fees for Courier Services ordered will be as set forth in the Parcelcast Terms. Unless otherwise required by law, the dollar value of your Carrier Service account in BigCommerce Shipping is nonrefundable and may not be redeemed for cash. After a shipment is made, Parcelcast or BigCommerce may charge shipping adjustments that result from shipping rates calculated erroneously on the shipping label or other errors.




6. Customs and Import Fees. Providers will not be responsible for any local customs charges, import taxes or duties or any similar charges related to your shipments. You must arrange for timely payment of these amounts via your the Carrier Service account in BigCommerce Shipping or by your customers. If any such charges become due as a result of your use of BigCommerce Shipping and are charged to any Providers by any competent authority, you agree to reimburse the relevant Providers fully and immediately upon demand for payment.




7. United Nations Convention. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Shipping Terms and is hereby expressly excluded.