1. Acceptable Use.
The following terms apply to your use of the Services.
1.1 Compliance with Agreement. You agree to use the Services in accordance with this Agreement and applicable laws or regulations.
1.2 Compliance with Laws. You may not use the Services for any illegal purpose or in violation of any laws, including without limitation data, privacy, consumer protection and export control laws.
1.3 Intellectual Property. You may not use the Services in a manner that would result in an infringement, dilution, misappropriation or other violation of any intellectual property or proprietary rights of others, including but not limited to copyrights and rights arising from patents, trademarks and trade secrets.
1.4 Other Prohibited Activities. You may not engage in any activity that, in our sole discretion, actually or potentially causes damage to our business, brand, reputation, or goodwill, or interferes with the ability of our customers to effectively use the Services.
2. Landed Cost Guarantee.
The following terms apply to your use of the guaranteed landed cost feature of the Services:
2.1 Scope. Zonos guarantees the accuracy of the guaranteed landed cost it provides for your orders. That means that any deficiency in a covered landed cost calculation, as measured against the amounts charged to clear a shipment through customs, is covered by Zonos. For shipments of low-value goods that require sellers to register for VAT/GST and collect and remit taxes, Zonos handles remittance under its registrations.
2.2 Limitations. The guaranteed landed cost does not cover:
a. additional clearance amounts charged by customs due to your failure to supply and provide appropriate documentation with the shipment;
b. additional fees or amounts that result from your failure to supply complete and accurate product descriptions, accurate HS codes, or accurate country of origin designations;
c. costs incurred for items that were not included in the landed cost quote provided by Zonos;
d. additional duty and tax amounts charged due to your failure to provide commercially reasonable product values; and
e. VAT or GST or other amounts owed by you in connection with sales made without use of the Services.
2.3 Acknowledgements. You acknowledge and agree that the actual duties and taxes charged during customs clearance for an order may be more or less than the quoted amounts. In the event of a difference between the actual and quoted amounts, you will not be asked to pay more money nor will you receive a refund. Any excess shall be deemed fully earned and payable to Zonos.
2.4 Authorizations. You authorize Zonos to make any changes to the shipping and customs information you supply to the carrier in connection with a shipment that may be necessary, at our sole discretion, for purposes of accuracy and/or compliance with applicable laws and regulations. This authorization does not release you from your responsibility to provide accurate information.
2.5 Time Limitation. Zonos' guarantee of landed cost quotes is valid for 90 days from the date on which the quoted order is placed.
2.6 Low-Value Goods VAT/GST Remittance. Some countries require remote sellers of low-value goods to register and collect and remit VAT/GST on sales of low-value goods to consumers. As part of its landed cost guarantee service, Zonos handles compliance with these laws.
a. You understand and acknowledge that Zonos, as the operator of an electronic marketplace, is the deemed supplier in connection with your supplies of low-value goods to consumers in the LVG Jurisdictions that are processed using the Services. As such, Zonos will be responsible for the remittance of VAT/GST under its own registrations.
b. By using the Services, you represent that you are either over any applicable registration threshold, or elect to act as if you are over any applicable registration threshold.
c. In connection with your supplies of low-value goods to consumers in Singapore that are processed using the Services, you agree that Zonos is liable for GST.
3. Indemnification.
3.1 Indemnification by You. You agree to defend, indemnify and hold harmless Zonos, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
3.2 Indemnification by Zonos. Zonos agrees to defend, indemnify and hold harmless you, your affiliates, licensors, and service providers, and your and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to a claim by a third party alleging that the Services infringe any intellectual property right of such third party. This indemnification obligation will not apply to the extent the claim against you arises out of: (a) your use of the Services in a way that is not in accordance with these Terms, or (b) your use of the Services in conjunction with any product or service not provided by Zonos. This Section 3 sets forth your sole remedy against Zonos with respect to any claim of intellectual property infringement.
4. Dispute Resolution.
4.1 Governing Law and Jurisdiction. These Terms are governed by the laws of the State of Utah, United States of America, without reference to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded. Any claim, suit, or other proceeding arising under or in connection with these Terms shall be brought exclusively before the state and federal courts sitting in Salt Lake City, Utah, and you consent to the exclusive jurisdiction of such courts.
4.2 Class Action Waiver. BY AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THESE TERMS. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THESE TERMS AS THE USER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.
5. Miscellaneous.
5.1 Entire Agreement. This Agreement contains the entire agreement between you and Zonos regarding the Services, and supersedes any prior or contemporaneous agreements, communications, or understandings.
5.2 Modifications. We reserve the right to modify these Terms from time to time at our sole discretion by posting a revised version on the Zonos website at https://zonos.com/docs/legal/ddp-terms-of-service. We will provide you with notice of any change that materially adversely affects your rights or obligations under these Terms at least thirty (30) days before the change becomes effective. Following such notice, your continued use of the Services constitutes your acceptance of the changes. If you object to the changes, you may, as your sole and exclusive remedy, stop using the Services.
5.3 Waiver. No waiver of any provision of these Terms, nor consent by Zonos to the breach of or departure from any provision of these Terms, will in any event be binding on or effective against Zonos, unless it be in writing and signed by a duly authorized representative of Zonos, and then such waiver will be effective only in the specific instance and for the specific purpose for which it is given.
5.4 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
5.5 Relationship of the Parties. No agency, partnership, joint venture, or employment relationship is created by these Terms or your use of our Services, and you do not have any authority of any kind to bind or represent Zonos in any respect whatsoever.
5.6 Force Majeure. Neither party will have any liability to the other for any failure to perform any obligation under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond its reasonable control, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, civil commotion, or other force majeure event.
5.7 Notices. We will send any notices to you under these Terms to the email address specified in your account, which you agree to keep updated. You agree to the legal sufficiency of such emails. You may send any notices to Zonos under these Terms to the following email address: legal@zonos.com.
DDP Terms of Service
These Zonos Terms of Service ("Terms" or "Agreement") form a legal agreement between you and iGlobal Exports, LLC dba Zonos and its affiliates ("Zonos" or "we") that applies each time you use or access Zonos' services to send packages on a DDP basis through your carrier or third-party logistics partner (the "Services"). If you do not agree to the Terms, then do not use or access the Services. These Terms are in addition to any carrier or third-party logistics partner terms of service that may be applicable to you.
If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. Throughout these Terms, "you" and "your" will refer to the company, organization, government or other legal entity you represent.