BuyUSA.co.nz Ltd d/b/a BuysUSA operates a mailbox rental
operation and is the owner of certain mailboxes (each hereafter
referred to as a "Mailbox") located at 510 South 11th Street Boise,
Idaho. In addition to the Mailbox rental, BUYUSA may also offer
related services to its customers. The Mailbox and all related
services (collectively the "Service") are provided to you
('Customer') under the terms and conditions of this Mailbox Service
Agreement and any modifications that may be made from time to time
to this Agreement and all other terms, conditions, rules or
operation or policies that may be made from time to time by BUYUSA
(collectively the " Agreement" ) As used in this AGREEMENT, the
term 'Customer' means Customer as well as its owners, members,
employees, officers, directors, shareholders, partners, affiliates,
parent and subsidiary companies, representatives, attorneys, heirs,
successors and assigns.
CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AT
ALL TIMES. BY OPENING AN ACCOUNT WITH BUYUSA AND CONTINUED USE OF
THE SERVICE CUSTOMER AGREES TO ABIDE BY THE TERMS OF THIS
AGREEMENT.
BUYUSA may modify or amend this AGREEMENT at any time. If such
an amendment occurs then Customer may be notified of all amendments
or modifications by one of the following methods: a) a popup screen
that alerts the customer to the existence of amendments or
modifications when Customer accesses BUYUSA's website. By continued
use of the Service, Customer agrees to be bound by the
modifications or amendments to this AGREEMENT.; or b) An e-mail
notice sent to the registered e-mail address of Customer. By
continuing the use of the mailbox and/or the Service, Customer
agrees to be bound by the modifications or amendments to this
AGREEMENT. Notwithstanding the above, all modifications or
amendments by BuyUSA will become effective as soon as published in
BuyUSA's website (www.buyusa.co.nz)
BUYUSA reserves the right to, at its sole discretion, return to
sender, destroy, or otherwise discard any package received for a
Customer that has failed to agree to the terms of this agreement. Or
if customer has failed to validate his/her identity to BuyUSA's
sole satisfaction.
Customer will enter a confidential password and receive a
Mailbox account number when registering for a new account with
BUYUSA. Customer shall maintain the security and confidentiality of
the password. Customer is responsible for all directions, orders,
notifications, expenses incurred or other actions that may occur
through use of the Customer's account. Customer must immediately
alert BUYUSA of any fraudulent, unauthorized, illegal or suspicious
use of the Service or any other breach of security or unauthorized
or illegal activity that is reasonably suspected by Customer.
BUYUSA provides Service under this AGREEMENT pursuant to one or
more Service Plans. Customer hereby subscribes for Service under
the Service Plan chosen by Customer when registering for an
account. Customer acknowledges that it has been provided with a
schedule detailing the annual subscription fees and all other fees
applicable to all Service Plans offered by BUYUSA and available to
Customer. Customer agrees to pay annual fees, shipping fees and
other charges incurred for the Service chosen by Customer and/or
for all Service provided BUYUSA. The customer may not store
packages or parcels longer than the Plan's specified free 60 day
storage period in their Mailbox. Customer agrees to pay a per month
storage fee for each kilo of packages and parcels stored in the
Mailbox for longer than the Plan's specified free 60 day storage
period with a minimum monthly storage fee of $1.00
For example the full monthly storage fee is incurred on the
sixty first (61st) day after receipt of the packages or parcels by
BuyUSA and additional monthly storage charges are incurred on the
same day of the next calendar month up until such time the stored ,
packages and parcels are removed from Customer's Mailbox.
The initial term of this AGREEMENT shall be the minimum Service
period or the initial period paid for by the Customer whichever is
longer. All Service Plans automatically renew every year unless
cancelled by written notice to BUYUSA received at least 30 days
prior to the sign up anniversary. Notwithstanding the foregoing,
renewal of this AGREEMENT for additional terms shall be at BUYUSA's
sole discretion. All Rents are due and payable the first day of
each calendar month and become delinquent if not received by BUYUSA
by the 10th day of the month. Customer agrees that BUYUSA may
immediately charge Customer's Credit Card on record with BUYUSA for
all charges or monies owed by Customer to BUYUSA. The Customer
acknowledges and agrees that BUYUSA may hold mail, packages and
parcels from pickup or forwarding pending payment of past due fees.
On delinquent accounts, delivery of mail, packages and parcels to
the Customer's designated address will be suspended and resumed
only upon receipt of all amounts due and owing plus a late charge
of $25.00
If Customer fails to pay all fees and other charges due within
thirty (30) days after delinquency, BUYUSA has the right at its
sole option to immediately terminate Service and/or this
AGREEMENT.
A new Customer's minimum Service period shall be no less than
365 days. All fees charged pursuant to this AGREEMENT are subject
to change by BUYUSA without prior notice to Customer. All fees are
payable in advance. BUYUSA will not prorate fees or provide
refunds for cancellation of any service prior to the expiration of
a Service period or the minimum Service period. In addition to rent
and other fees due hereunder, Customer agrees to pay for all
shipping charges as set forth in the chosen Service plan and all
other charges set forth in this AGREEMENT. Shipping charges are
based on weight and are calculated in increments of one (1) kilo.
For example, shipments weighing up to one (1) kilo will be charged
for shipping based on one (1) kilo and shipments weighing more than
one (1) up to and including two (2) kilos will be charged for
shipping based on 2 kilos and so on. Dimensional weight charges may
apply on bulky, lightweight packages. Dimensional weight is used
when the result of multiplying the measurement in metres of package
height times package width times package length divided by 166 is
more than the actual weight in Kilos.
Upon cancellation by the Customer of this AGREEMENT or the
Service, BUYUSA will provide Service only through the remaining
term paid for by the Customer. The Customer agrees and acknowledges
that BUYUSA shall have no liability for any packages or parcels
delivered to BUYUSA or other obligations with respect to such
packages or parcels after cancellation of this AGREEMENT by the
Customer except as expressly provided herein.
BUYUSA shall hold and forward any packages or parcels of the
Customer for a period of not longer than 30 days after expiration,
termination or cancellation of this AGREEMENT. These services will
be provided only to the extent that the Customer pays in advance
for all packing and BuyUSA applicable fees. . . All fees payable
for such services shall be charged at the maximum shipping rates
for the applicable country. If, upon termination of this Agreement
or upon expiration of Customer's prearranged instructions, the
Customer does not make all prior payments and arrangements for the
forwarding of the Customer's Mailbox contents, BuyUSA may, at its
own discretion refuse or return all items to sender. Furthermore,
any items received or remaining in the Customer's mailbox after 30
days of termination, are subject to be discarded, destroyed or
otherwise disposed of by BUYUSA Customer waives and releases BUYUSA
from compliance with any obligation to forward or re-mail such
mail, packages or parcels provided for under federal law and
regulations and specifically agrees that BUYUSA does not have any
obligation to forward or re-mail mail, parcels or packages to
Customer except as otherwise specifically stated in this AGREEMENT
BUYUSA may, at its option, not accept Mail or Packages for more
than the Plan's maximum number of persons in a single Mailbox.
If Customer refuses to accept packages or parcels from BUYUSA
forwarded to Customer pursuant to this AGREEMENT, BUYUSA may return
the package to the original sender and charge the Customer for any
return postage and all other fees and expenses reasonably incurred
by BUYUSA in connection with such returns. Upon the request of
BUYUSA, the Customer must sign for or otherwise acknowledge its
acceptance of all packages and parcels sent to Customer by
BUYUSA.
The Customer acknowledges and agrees that BUYUSA will not
accept certified, registered or restricted delivery mail, package
or parcels on behalf of the Customer unless specifically authorized
by the Customer for each such delivery.
BUYUSA will not accept "postage due" mail and/or COD packages,
items or parcels on behalf of Customer
The Customer agrees that packages and parcels are considered to
be delivered to Customer as soon as they are placed in the
Customer's Mailbox, or when BUYUSA give notice that the item has
been received to the Customer's e-mail address. The Customer
expressly releases BUYUSA from all further responsibility or
liability with respect to packages and parcels received by BUYUSA
on behalf of Customer except as specifically set forth in this
AGREEMENT. The Customer shall only use the Service for the
reception of packages or parcels, and for other services as may be
purchased from BUYUSA. Customer agrees and acknowledges that it
will not use or permit the Mailbox or Service to be used for any
other purpose. Use of the Mailbox for any other purpose is strictly
prohibited and may result in immediate termination of this
AGREEMENT and Service to the Customer.
BUYUSA will provide the Customer with a mailing address for the
Mailbox and Service. The Customer agrees not to modify or alter such
mailing address. The Customer acknowledges and agrees that BUYUSA
has no responsibility or liability for packages or parcels that are
not properly addressed . Customer further acknowledges that BuyUSA
may return to sender or discard any package that is received at
such mailing address but is addressed to a name not previously
registered with BuyUSA or is addressed to a name that has not
completed the requirements set forth by BuyUSA to verify the
identity of such name.
The Customer acknowledges and agrees that BUYUSA cooperates
with all local, state and federal agencies and will share any and
all information about the Customer and use of the Mailbox or
Service with such agencies. The Customer further acknowledges and
agrees that BuyUSA may share any and all information about the
Customer and use of the Mailbox or Service with any third party
upon being presented with a civil or criminal subpoena. Customer
specifically indemnifies and holds harmless BUYUSA from any and all
liability, claims, damages, losses or causes of actions arising
from the release of information regarding the Customer or the
Customer's use of the Mailbox to any person, or local, state or
federal agency. The Customer represents and agrees that it will not
use (or allow to be used) the Service for any unlawful, illegal,
illegitimate or fraudulent purposes. The Customer further
represents and agrees that the Service shall be used in compliance
with all applicable federal, state and local laws. If BUYUSA
suspects that the Service is being or has been used for any
unlawful, fraudulent or illegal activities, BUYUSA may proceed to
immediately terminate this AGREEMENT and Service .
In order to avoid BuyUSA being an unwitting party to fraud or
other illegal activities, shall BUYUSA suspect any package of
containing any illicit, dangerous or stolen items, BuyUSA may
inspect such package. Furthermore, if BuyUSA receives allegations
or complaints from any third party that the Customer may be using
the Service in any improper, illegal, or fraudulent manner as
determined by BuyUSA, BuyUSA may at its sole discretion proceed to
immediately terminate this Agreement and stop the Service. In such
case, any items received or remaining in the Customer's mailbox as
of and after termination, are subject to be discarded, destroyed or
otherwise disposed of at BUYUSA's sole discretion.
The Customer agrees and acknowledges that BUYUSA may at its
sole option cancel the Service and terminate this AGREEMENT for any
cause at any time by providing the Customer thirty (30) days
notice. Such notice may be provided in written, e-mail or other
electronic form. Notwithstanding the above , BUYUSA may terminate
this AGREEMENT immediately for good cause. Good cause shall include
but is not limited to: (1) the Customer abandons the mailbox for a
period of more than (60) days; (3) the Customer does not provide
prompt payment to BUYUSA when due; (4) the Customer's volume of
packages and/or parcels is excessive and unreasonable; (5) the
Customer's behavior towards BUYUSA employees or towards other
Customers is offensive, abusive, violent, threatening or
disruptive; (6) the Customer fails to cooperate with any request
for information by a local, state or federal agency. (7) the
Customer fails to provide or BUYUSA is unable to validate correct
and accurate contact and personal information of Customer as
requested by BUYUSA (8) the Customer fails to cooperate or provide
information in connections with any investigation undertaken by a
local, state or federal agency; or (9) the Customer violates any
provision of this AGREEMENT or any other terms and conditions
posted by BUYUSA. The Customer agrees that for purposes of this
Agreement the actions or failure to act of any person authorized by
the Customer to use the Service will be attributed to the
Customer.
The Customer agrees to protect, defend, indemnify and hold
harmless BUYUSA, from and against any and all claims, causes of
action, liabilities, judgments, penalties, losses, costs, damages
and expenses (including attorneys' fees and all related costs and
expenses of litigation at arbitration, or at trial or on appeal, if
any, whether or not litigation or arbitration is instituted)
suffered or incurred by BUYUSA, including, without limitation, any
claim for personal injury or property damage, arising from: (i)
this AGREEMENT; (ii) the Service provided to Customer by BUYUSA;
(iii) the Customer's use or possession of the Mailbox; (iv) the
failure of any third party to provide delivery or courier services
accurately and on time, this includes any commercial delivery or
courier service.(v) loss, damage, or destruction of the Customer's
mailbox contents, or of any mail, package or parcel by any cause
whatsoever whether or not attributable to BUYUSA's negligence or
intentional act; and (vi) any violation by Customer of any federal,
state or local laws, statutes, rules or regulations. For purposes
of this Agreement, the indemnified parties shall include BUYUSA and
its owners, affiliates, subsidiaries, parents, shareholders,
members, successors, assigns, representatives, franchisees,
officers, directors, agents, attorneys and employees.
CUSTOMER AGREES AND ACKNOWLEDGES THAT BUYUSA IS NOT LIABLE FOR ANY DAMAGE
OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE,
DURING OR AFTER SHIPMENT TO THE CUSTOMER. FOR CUSTOMERS REQUIRING INSURANCE
THIS IS OFFERED AS AN OPTIONAL SERVICE FOR AN ADDITIONAL FEE. INSURANCE SERVICE
IS UNDERWRITTEN BY VERO MARINE. BUYUSA WILL MANAGE THE CLAIMS PROCESS.
HOWEVER ALL CLAIMS WILL BE SETTLED BY VERO MARINE.
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES .
CUSTOMER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES,
OR OTHER CHARGES OR FEES OFANY NATURE RELATING TO THE SHIPMENT OF PACKAGES TO THE CUSTOMER.
Any additional insurance in excess of the standard amount insured by carriers,
if any, must be authorized and paid for in advance by the Customer.
The Customer acknowledges and agrees that BUYUSA has no responsibility
or obligation to insure any shipments sent to the Customer UNLESS REQUESTED TO DO SO.
CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN 'AS IS'
BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). BUYUSA
DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF
CUSTOMER'S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS
PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A 'AS
AVAILABLE' BASIS AND BUYUSA MAKES NO WARRANTIES THAT THE SERVICE
WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD
OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE
SERVICE OR BUYUSA's WEB PAGE IS AT CUSTOMER'S SOLE DISCRETION AND
RISK BUYUSA WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE
CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF
DATA FROM BUYUSA'S WEBSITE.
THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF BUYUSA,
IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING
OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED $10.00 PER SHIPMENT
(UNLESS INSURANCE IS PURCHASED). WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES
OR DAMAGES INCURRED. BUYUSA SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE
OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT
OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES,
INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED.
ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS
AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY LAW.
IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BUYUSA BE LIABLE TO CUSTOMER FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
All notices to the Customer required or permitted under this
AGREEMENT shall be considered delivered twenty-four (24) hours
after sending of such notice to the Customer's e-mail address on
record, within twenty-four hours (24) after transmission by fax to
Customer's fax number on record, five (5) days after deposit at
post office.
This AGREEMENT shall be interpreted and construed in accordance
with the laws of New Zealand without regard to the conflicts of
laws provisions thereof. Any action to enforce this AGREEMENT or
any action arising from this AGREEMENT, the Service, the Mailbox or
the relationship created between the Customer and BUYUSA by this
AGREEMENT shall be brought in the courts of New Zealand.
If the case that any provision of this AGREEMENT shall be
deemed to be illegal, invalid or otherwise unenforceable, such
provision shall be considered deleted from this AGREEMENT, but all
other provisions of this AGREEMENT and the remaining portion of any
provision which is deemed to be illegal, invalid or unenforceable
in part shall continue in full force and effect.
If any party to this Agreement fails to enforce any provision
of this Agreement, or fails to exercise any right at any time ,
such failure not operate as a waiver thereof.
Customer (including its agents, employees and representatives)
represents to BUYUSA that it is not a person or entity described by
Section 1 of the Executive Order (No. 13,224) Blocking Property and
Prohibiting Transactions with Persons Who Commit, Threaten to
Commit, or Support Terrorism, 66 F. Customer represents that it is
not a Specially Designated National or Blocked Person as determined
by the United States Department of Treasury Office of Foreign
Assets Control. If Customer is determined to be a Specially
Designated National or Blocked Person this AGREEMENT shall
immediately terminate without further notice from BUYUSA.
Third Party Offers The Sites may include third party material,
advertising, promotions and/or links to third party materials. Any
dealings you have with any third party provider is solely between
you and that third party. While BuyUSA has taken reasonable care to
ensure that third parties are reputable, BuyUSA will not be
responsible for the contents of any third party material or
promotion or be liable for any direct or indirect loss or damage
suffered by you (or any other party) from accessing, using, relying
on or trading with third parties. The inclusion of any link or
third party material, advertising or promotion does not imply
BuyUSA's endorsement of or any association with the third
party.
Your Disclosure of Items.You will be required to correctly and
completely disclose the contents of any Items. You agree to be
truthful in your disclosure and acknowledge that you may be subject
to Civil and Criminal penalties for a false disclosure. The Customs
and Excise Act 1996 and other relevant legislation relating to the
importation and delivery of goods apply to the Services in this
Agreement. You are responsible for compliance with legislative
requirements.
Limitation of Liability in respect of Carriage of Goods. We
exclude all implied conditions and warranties and have no liability
to you for any loss or damage suffered by you or any other person
as a result of: (a) providing, or failing to provide, any of our
services; or (b) any default, delay or omission in providing any of
our services. Without limiting the paragraph above, we have no
liability to you for: (a) any damages consequential upon any loss
of, or damage to, any item stored or conveyed by BuyUSA; or (b) any
delay or omission in the receipt, transmission or delivery of any
item stored or conveyed by BuyUSA. We have no liability for any
loss or damage suffered by you or any other person because of any
loss, default, delay or omission in the receipt, transmission or
delivery of any item stored or conveyed by BuyUSA or its
contractors. If, for any reason (including any statutory
requirement), we cannot rely on any exclusion or limitation of
liability to exclude a claim from you, the maximum amount we will
have to pay you in relation to that claim is the lesser of: (a)
refunding the cost of our services, or; (b) providing our services
again.
Unacceptable Items or Dangerous Items. BuyUSA advises that the items listed on the What Can't I Ship? page can not be shipped using the BuyUSA service.
Events outside our Control. We are not required to provide our services, if it is not reasonable for us to do so because of events outside our control.
Taxes, Duties and Fees. Taxes and fees including GST may be imposed on your shipment due to commodity type and or shipment value. You will be required to pay these taxes and or fees if not already collected Prior to final delivery of shipment.
Shipments, handling and conveyance not guaranteed. BuyUSA will attempt to fulfill all shipment requests. However shipments may be delayed due to congestion at BuyUSA's logistics facility or transportation delays outside of BuyUSA's control. BuyUSA attempt at all times to fulfil our delivery commitment but can not guarantee to do so. Customers are not eligible for compensation or refunds for any delayed, lost or damaged or destroyed shipments. Shipment insurance is offered.
You acknowledge that you hold BuyUSA free of all liability (to the extent permitted by law) for any loss or cost you suffer when using the BuyUSA services offered on the Sites.
