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Shiphaly Terms of Use

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Description

We are Shiphaly ltd. (Shiphaly, We, Us, or Our) and we are a platform that aims at creating a global community connecting shoppers who want to get items from abroad and travellers who can facilitate the purchase/collection and transport of the items to the shoppers. We do this through our application “ShipHaly” which is available for Android as well as IOS.

Important Note: Please consider and read the terms below carefully as they constitute a binding contract.

These terms contain important information about your legal rights, remedies and obligations and include the “Shiphaly privacy policy”, all of which are referred to as the “Terms”.

Your agreement with Us depends on how you use the platform either as a shopper, traveller or both. References to “You”, “Your” means the person(s) accessing or using the Shiphaly platform. By accessing or using the ShipHaly platform as a shopper, traveller or in any other way, you are agreeing to the terms.

 

Eligibility and use of the Shiphaly platform

Access and use of Shiphaly is available only to individuals who are at least 18 years old, who can form legally binding contracts and who create a valid account as specified below.

You also acknowledge that, unless otherwise agreed in writing by Shiphaly, Shiphlay is not in the business of offering, selling, purchasing or bringing items from abroad. You also acknowledge that by accessing and using Shiphaly, you receive only the ability to use the Shiphaly platform to get access to friends who are either shoppers and or travellers. You agree that Shiphaly is not a party in any relationship or agreement between you and another Shiphaly member and that such relationship is only between such members. You also agree that it is your responsibility and not Shiphaly’s responsibility to abide by any national or international laws related to the purchased or transported items or any relationship between the members.

You acknowledge that you will comply with any and all applicable import and export control laws or customs laws in your local jurisdiction. You also warrant that nor you nor the item that is being shipped is under embargo or unlawful in any country where the item is being bought or shipped to.

 

SMS or Text Messaging

By creating an Account, and becoming a Member, You agree that Shiphaly may send you text (SMS) messages as part of the normal business operation of Your use of the Shiphaly Platform. Such uses include without limitation, to provide You with information you requested from Shiphaly or its Members, to let you know about features, functions, improvements or changes to the Platform, to facilitate Your identification of desired Members or Members who may be able willing to discuss ordered Items, or other aspects of your Account.


 

Payment terms

Payment processing services

Payment processing services, which are an essential part of the Shiphaly Platform, are currently provided by Stripe as well as other providers. Stripe, and where applicable, the services may include money transmission services pursuant to licenses or other regulatory approvals held by Stripe. Payment processing services provided by Stripe are subject to the Stripe Connect Agreement, which includes the Stripe Services Agreement. By agreeing to these Terms or by accessing, searching or using the Shiphaly platform, You agree to be bound by the Stripe Connect Agreement and the Stripe Services Agreement, as they may be amended or modified from time-to-time by Stripe.

 

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Transaction between the shopper and traveller

Shoppers request

The shopper creates an order on the app either by browsing one of the online shops within the app and fetching the details or by manually entering the details of the item (name, link, photo, price, weight, quantity, category and other details). After confirming all the details, shoppers are transferred into the summary page where all the details are confirmed as well as the total cost of the order including the estimated traveller reward which is calculated based on the order price and weight. Once the order is confirmed, it is posted on the app so that travelers can bid for the orders that correspond to their trip.

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Traveler’s offer

Travelers can browse through orders posted from shoppers and once they add a trip on the app they can make offers on orders corresponding to their trips. Travelers are advised to stick to the reward proposed by Shiphaly but they can choose to change the reward in their offer. If the order is from the USA, travelers should consider adding (or not) the sales tax of the state they are buying from to their offer.

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Offer confirmation 

Shoppers receive offers from travelers and they can choose the one that suits them. Shoppers and travelers should use the chat feature to agree on all the details like the order details, delivery location and date. Once all the details are confirmed, the shopper can accept the offer and pay the agreed amount on the app. 

Once payment is done, the order status moves into “confirmed” and the traveler is instructed to buy the item. 

Once the traveler buys the item the status is moved into “in-transit”.

Note: Shoppers and travelers are encouraged to keep all communications between them within the app as the chat is the evidence that Shiphaly will use in case of any issue/conflict that needs resolving.

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Delivery

The shopper and traveler agree on the time and location of the meeting on the chat feature on the app. Shiphaly recommends that the meeting location is in a public place where both parties agree to meet.

Travelers are requested to present receipts as proof of purchase of the items.

Once delivery is done, the shopper generates a QR code that the traveler has to scan to confirm the delivery. Alternatively, the shopper can mark the item as delivered. Once this is done, the traveler gets paid and the deal is concluded.

 

Prohibited items

Shoppers agree that they will not use the Shiphaly app to request that the travelers buy items that are prohibited under the laws of the country where the items are being bought from nor the country where the item is being shipped to or any international law.

Prohibited items include, but are not limited to: 

  • Counterfeit goods

  • Currency

  • Stolen property

  • Alcohol

  • Live animals

  • Firearms, ammunition, explosives or chemicals

  • Human remains

  • Pornography or obscene materials

  • Illegal drugs or regulated drugs (prescription) in violation of law

  • Any product or item related to illegal activities, such as the production of illegal drugs

  • Any item that is prohibited by law in the place of origin, destination or any jurisdiction of transit through between origin and destination

  • Batteries

  • Aerosols or any flammable materials

  • Knives, batons or other weapons

  • Certain agricultural products

Shiphaly recommends that Shopper and Travelers consult their respective government agencies which regulate items that may or may not be brought in or out of their respective countries.

 

Suggested traveler reward

When a traveler is about to make a delivery offer, Shiphaly calculates the recommended traveler reward which is based on the item price, weight and category. Travelers can request a different reward in their offer, however, travelers are encouraged to stick to the recommended reward to increase the chances of their offers being accepted.

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Fees

Once a shopper accepts a traveler’s offer they will have to pay the total fees on the app which consists of:

  • Item price: A shopper may specify the item price, however the actual amount shall be the amount specified by the traveller in the offer.

  • Traveler reward: The agreed reward between the traveler and the shopper.

  • Service fee: This is the service fee that Shiphaly charges for using the app. The service fee is only charged to the shopper.

  • Applicable taxes: Shiphaly may auto-estimate any local sales taxes (mainly in the USA) that would be added to the item price.

  • All government fees, tariffs and duties are the responsibility of the Traveler and Traveler is required to make sure that the Shopper is aware of such fees prior to accepting the offer.

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Ownership, Acceptance, Risk of Loss and Insurance

Members acknowledge and agree that except where prohibited by applicable law or otherwise agreed to by Members, it is the Travelers, and not Shoppers, who own the Items and must maintain for presentment all original receipts evidencing such ownership. Members also acknowledge and agree that to the maximum extent allowed by law, the risk of loss remains with the Traveler unless and until the Traveler has completed all of the obligations under his or her agreement with the Shopper, which includes bringing the items as agreed.

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Acceptance of Grab’d Items

The Shopper and Travelers must agree at the time the Shopper’s Request is accepted by the Traveler on a specific time period for acceptance of the ordered items. Travelers shall bear the responsibility to identify an acceptable safe and public place to meet with their Shoppers for the purpose of inspection and exchange of goods. The time for delivery can be extended only by written agreement between the Shooper and Traveler on the Shiphaly Platform.

Travelers are required to present receipts for the bought items as proof of purchase.

Unless the parties otherwise agree in writing, it is the Shopper’s obligation to inspect and accept the  items at the time of delivery, and the agreement between the parties is deemed complete at the time of acceptance regardless of whether the Shopper shows up to inspect and accept the items. 

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Rejection and Refunds

Shoppers can refuse to accept the delivered item if the traveler has brought the wrong item (for example the specifications are different from what has been agreed between the shopper and traveler on the chat feature in the app in terms of brand, colour, size, etc.) or the condition of the item is not acceptable (damaged item or used item). In this case shoppers will be eligible for a full refund and it is the traveler’s responsibility to return or bear the item. Hence travelers are urged to confirm all the details of the orders with the shopper ahead of purchasing it.

Shoppers may not refuse acceptance of delivered items because they changed their mind about the transaction or for any other reason as long as the traveler has brought the correct agreed item. Shoppers agree that Shiphaly, in its sole discretion, may determine whether the reason for rejection is acceptable under applicable policies and if Shiphaly determines the rejection is impermissible or unauthorized, Shoppers agree that their Payment Method may be charged and the transaction completed as agreed to by the parties. 

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Shiphaly’s role and liability

Shiphaly is acting as a platform to connect shoppers who want to buy items from abroad with travelers who can buy and deliver the item in return for a reward.
Shiphaly has no responsibility for any party’s performance of its obligations in this agreement or transaction.
Shiphaly is not an owner nor operator of transportation services nor does it provide any logistics capabilities or services.

Shiphaly’s role in the transaction between shoppers and travelers is

  • To connect shoppers and travelers enabling them to voluntarily enter into the transaction on terms of their own choosing

  • To provide limited dispute resolution services.

Shiphaly shall not be responsible for any customs or import problems that may arise from the transaction, or for any loss, injury, or damage that either shoppers or travelers may experience in connection with or arising out of the transaction

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Change of the terms of Use

Shiphaly may change these Terms of Use at any time. When that happens, Shiphaly will mark the Terms of Use with the date on which they were most recently updated.

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