Mailbox Terms of Services
Last updated May 2, 2012
The following Terms of Service (“TOS”) are between you and Agrima Postal Solutions, LLC (the “Company”, “we”, “Agrima Postal Solutions, LLC”) that governs your use of our product, software, services and web site (collectively referred to as the “Service”). Before you use the Service, you must agree to these TOS. You can agree to these TOS by actually using the Service or by clicking a check box, if made available to you that indicates you agree to the Service. Please do not use the Service if you do not agree to any of the following terms.
Your Use of the Service
- You agree that you will not use the Service for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by Indian postal regulations.
- You must use the exact mailing address for the mailbox (“Mailbox”) without modification as set forth in our agreement. The Indian Postal Service and all other local and international carriers will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
- You agree that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws. Each individual or entity must complete a separate Letter of Consent to be authorized to receive mail or packages at the Mailbox. However, spouses may complete one Form only, as long as both spouses include their separate information on Form .Form shall remain confidential, except that Form may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, you agree to complete all necessary documents, including Form and any required acknowledgment from relating to service of process. You further agree to sign an updated version of Form upon request.
- As your Commercial Mail Receiving Agent (“CMRA”), the Company will receive your mail and packages during the time that your account is active with us. An “Active Account” is an account that is not canceled and is not suspended or terminated by the Company for any violation of policies as set forth in this TOS.
- You agree to use the proper mailing address for the Mailbox given to you when you sign up for the Service. You understand and agree that the Company has no liability for any undeliverable mail resulting from improper address or address formats. It is your sole responsibility to make sure that the address you use is correct.
- Your Account, Password, and Security. As a condition to using the Service, you are required to register with the Company and select a password and user name (“User ID”). You shall provide us with accurate, complete, and updated registration information. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your account information, including your password.
- Content. “Content” means any information that may be generated through the use of the Service, such as data files, written text, software, images, messages, graphics, and any other like materials. You understand that all Content, whether publicly or privately transmitted on the Service, is your sole responsibility. This means that the you are solely responsible for any Content that is transmitted through email, downloaded via the web browser or any mobile device, or stored on any hardware media such as a hard drive, USB drive, or other online storage services. You understand and agree that your use of the Service and any Content is solely at your own risk.
- Acceptable Mail. As your CMRA, we will accept all mail including registered, insured, and certified items. Unless prior arrangements have been made, we shall only be obligated to accept mail, or packages delivered by commercial courier services, which require a signature from us as a condition of delivery. You must accept and sign for all mail and packages upon the request of the Company. In the event you refuse to accept any mail or package, we may return the mail or package to the sender and you will be responsible for any postage or other fees associated with such return.
- Unacceptable Mail. The Company does not accept any C.O.D. items.
- Mail Scanning. You authorize the Company to scan the outside of your mail and take photos of your packages. You also authorize the Company to open the mail and scan the inside content of the mail on your behalf upon your request submitted through either through the web site or over email. The Company reserves the right to refuse to scan any mail content that is unreasonably excessive. “Unreasonably excessive” as used herein means that the amount of scanned mail content greatly exceeds the average level of mail pages of members of the Service generally. Mail types that will not be scanned shall include but not limited to (i) magazines; (ii) books; (iii) broshures; and (iv) catalogs.
- Mail Storage Period. You understand that the Company will only store your physical mail in the Center for up to 60 days from the date of receipt of the mail unless otherwise indicated or specified in your Service you signed up for. It is your responsibility to re-mail your mail before the mail reaches past the storage period. You agree and authorize the Company to trash and shred at its sole discretion any mail that has passed the storage period.
- Cash and Currency. You agree that the Company is not responsible for cash delivered to the Center. You acknowledge and understand that you and your senders send cash through the mail at your and their own risk, and that you solely assume that risk.
Buy For Me.
- a. This is a service offered to you where you can request us to purchase any item that is available online at any of the India based website for purchase and shipped to be in India.
- You can request for purchasing an item by clicking over “buy for me” link available over our website www.indianmailbox.com , by providing us the complete description of the item you would like to purchase.
- On receiving the request, we will review it and based upon the portfolio, we will e-mail you the quote that consists of all the charges including the item’s actual price, delivery charges to us and our charges as well. This invoice can be paid online either by credit card or by PayPal or by bank transfer.
- All such items needed to be pre pay at yours end before it can be shipped to you.
- Before giving any such request, it’s yours duty to clarify all details about the item such as availability or the shipping charges and color, shape and size etc. we shall not be responsible for these discrepancies , if any arise later after the processing would have been done at ours end.
- We would be using our own credit card or bank account in order to make payment to the merchant on your behalf. If due to any reason, you would be cancelling the order after the payment would have been done, you would be required to wait till the merchant return the amount back in our actual credit card or bank account. This time frame is entirely depends upon the merchant and we would not be able to resolve it on your behalf to the merchant.
- Any order cancellation after making the payment at ours end to the merchant on your behalf shall attracts a cancellation fee of 10 $ and the amount would be refunded back to you by the mode used at yours end.
- All items purchased for you would be directly shipped to yours doorstep address provided by you and the courier charges would be payable at yours end.
- You agree to pay all fees and charges for the Service you signed up for and any part thereof. All fees are paid in advance. There are no prorations or refunds for cancellation of any service. The Company uses various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider.
- Payment Method. The Company will charge the subscription fee and any other additional fees you authorize to the debit or credit card account provided by you. By authorizing the Company to charge a credit card for the fees associated with your subscription, you are authorizing the Company to automatically continue charging that card for all fees or charges associated with your subscription fees, including any renewal fees and usage fees.
- Automatic Recharge. The Automatic Recharge service is an account setting that applies only to how additional usage fees are charged to your account. The Automatic Recharge setting is a courtesy to our customers who might require higher incremental Usage Charges for high volume activity. When your Account Balance falls below $0, you authorize the Company to automatically charge your debit or credit card on file for the amount set in your account settings. This setting can be changed in your account settings. “Account Balance” as used herein means the amount of available money or credit in your account.
- Changes in Price. The Company may, upon notice required by applicable law, at any time change the Service price or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
Termination or Cancellation of Service
- You agree that the Company may terminate or cancel this TOS for good cause at any time. The Company shall make any such termination or suspension in its sole discretion, without any refund to you of any prepaid fees or amounts. The Company will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Good cause shall include but is not limited to:
- You abandon the Mailbox.
- You use the Mailbox for unlawful, illegitimate, or fraudulent purposes.
- You fail to pay monies owed to the Company when due.
- You receive an unreasonable volume of mail or packages. “Unreasonable volume of mail or packages” as used herein means your usage within a given day or month greatly exceeds the average level of monthly or daily usage of members of the Service generally.
- A request and/or order from law enforcement, a judicial body, or other government agency.
- You violate any provision of this agreement.
- Your account remains in Suspension for more than 30 consecutive days.
- Your behavior towards our employees is offensive, violent, disruptive, abusive, or threatening.
- Discontinuance or material modification to the Service or any part thereof.
- Unexpected technical or security issues or problems.
- You fail to provide or the Company is unable to validate correct and accurate contact and personal information that we require of all customers.
- You provide and use a payment mechanism that is likely being used or will be used in a fraudulent manner.
- Upon expiration, cancellation, or termination of this TOS, the Company will:
- Close and restrict access to your online account. You will no longer be able to login.
- Cancel all pending requests and orders associated with your account.
- Re-mail (i.e., forward) your mail to you until your Account Balance falls below $0. It is your responsibility to make arrangements with us to identify any mail forwarding needs prior to the expiration, cancellation, or termination of this TOS.
- Retain your mail, other than Unsolicited Mail, at the Center for a period of thirty (30) days, if you leave no forwarding fees and forwarding address. After such time any mail or package may be discarded or destroyed.
- Discard or destroy any “Unsolicited Mail” (e.g., bulk mail: mail addressed as “occupant,” “current resident” or similar designation; or coupons, advertising, or other promotional material) delivered to or remaining at the Center.
- Refuse any package addressed to you delivered by any party other than the Postal Service, such as a commercial courier service.
- You agree to release us from compliance with any obligation to re-mail any mail or package received after your account has been terminated. You further agree that the foregoing is intended to be a written instruction from you to us that your mail need not be re-mailed except as expressly stated in this TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND PARTNERS MAKE NO WARRANTY THAT (i) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; (ii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (iv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, (iii) FOR ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iv) FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address as set . In such case, notice shall be deemed given three days after the date of mailing.
If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this TOS in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this TOS.
We may amend this TOS at any time by posting the amended terms on this Site. It is your responsibility to check these TOS periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these TOS, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Service.