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User Agreement for SendVia Marketplace 

Last Update: May 10, 2024 

The SendVia (TM) Marketplace comprises: (a) the services of SendVia, LLC (“SendVia”); (b) the services of third-party website hosting, payment processing and money exchange sub-service providers (“Subservice Provider(s)”); and (c) overseas products and/or services provided by one or more of our independent global partners (“Global Partner(s)”).   Together, SendVia, Subservice Provider(s) and Global Partner(s) (collectively “SendVia Providers”) make available websites and other products and related services (“SendVia Services”) for the use of you and your entity, including members of your household or others using your account (“User” or “Users”).  The User agrees that actions to access or otherwise utilize SendVia Services indicate the User’s agreement to and acceptance of the following SendVia terms of use as well as the terms of use and other related Subservice Provider(s) and Global Partner(s) policies. This user agreement (the “User Agreement”) is a contract between User and SendVia that describes the terms and conditions, including by reference, Subservice Provider(s) and Global Partner(s) terms and conditions, that apply to the use of SendVia Services.  By accessing SendVia Services, the User agrees to the following terms and conditions.   

 

IMPORTANT! THIS IS THE USER AGREEMENT THAT YOU ARE REQUIRED TO ACCEPT BEFORE USING SendVia Services. CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. BE ADVISED THAT THIS USER AGREEMENT REQUIRES YOU TO SUBMIT ANY CLAIMS YOU MIGHT HAVE AGAINST SendVia TO BINDING ARBITRATION IN NEW YORK CITY. THIS PROVISION WILL ELIMINATE YOUR RIGHT TO A JURY TRIAL AND WILL SUBSTANTIALLY AFFECT YOUR RIGHTS, INCLUDING PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS OR CONSOLIDATED PROCEEDINGS. YOU ARE NOT PERMITTED TO USE OR OBTAIN ANY INFORMATION FROM SendVia Services UNTIL YOU HAVE AGREED TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. TO THE EXTENT THAT THE SENDVIA GLOBAL GIFTING MARKETPLACE AND/OR THIS USER AGREEMENT PROVIDE WEBSITE LINKS OR OTHER NOTICE OF SUBSERVICE PROVIDER(S) AND/OR GLOBAL PARTNERS(S) USE AGREEMENTS AND/OR OTHER POLICIES, THE USER ALSO AGREES TO BE BOUND BY ALL OF THE SUBSERVICE PROVIDER(S) AND GLOBAL PARTNER(S) USE AGREEMENTS AND/OR OTHER POLICIES. IN THE EVENT OF A CONFLICT BETWEEN SendVia, SUBSERVICE PROVIDER(S) AND/OR GLOBAL PARTNER(S) AGREEMENTS, THE AGREEMENT OF THE ENTITY PROVIDING THE SPECIFIC PRODUCT OR SERVICE SHALL APPLY. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, YOU MAY NOT PROCEED WITH USING OR OBTAINING ANY INFORMATION FROM SendVia Services. 

USER RESPONSIBILITIES

USER ACCOUNT 

User shall create an online account to access SendVia Services.  Accounts are not to be shared and User agrees to be responsible for maintaining the confidentiality of the User ID and password. SendVia Providers reserve the right to terminate accounts, remove or edit content, disable access, or cancel orders. 

USER CONTENT 

Unless otherwise explicitly stated, User grants SendVia Providers a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use, display, reproduce, edit, publish, record, translate and create derivative works from any posted or submitted content.  User warrants ownership or control of all rights to any posted or submitted content, that it is accurate, legal and will not cause harm or injury to any person or entity, and will indemnify SendVia Providers for any claims arising out of any content provided by the User.  

USER REPRESENTATIONS 

User represents that: 

  • all registration information submitted will be true, accurate, current, and complete  
  • timely updates will be made to maintain the accuracy of the information provided
  • legal capacity and minimum age requirements as provided herein are met
  • the terms and conditions of the User Agreement are accepted
  • it is understood that non-human access, using bots, scripts or other means are not allowed
  • there will be no illegal or unauthorized use
  • there will be no use of SendVia Services on behalf of or for the benefit of third parties; nor shall any User

rights be licensed, rented, leased, sold or otherwise transferred

  • User shall not disclose or provide access to any third party; and 
  • User will not violate any applicable law or regulation.   

 

If the User violates any of the foregoing representations, SendVia Providers may suspend or terminate the account and refuse current and/or future access to SendVia Services.  

AGE DISCLAIMER 

SendVia Services are intended for adult users who are at least 18 years old. Persons under the age of 18 are not permitted to use this site.  

PROFESSIONAL DISCLAIMER 

This site is not intended to provide risk, financial, insurance or any other advice.  The information provided is for general and educational purposes only and is not intended to replace professional advice.  Please consult with a suitable professional before taking any action based on the information provided. USE OR RELIANCE ON ANY INFORMATION PROVIDED IS AT YOUR OWN RISK.  

DEVICE PERMISSIONS 

Users may utilize a variety of devices to access SendVia Services. In some instances, such as mobile devices, Users may grant SendVia Providers access to device information.  Users should refer to their device for instructions on how to control such access and what information they share with SendVia Providers.  

DIGITAL COMMUNICATIONS 

A User decision to utilize e-mail, text, and other communications including use of SendVia Services to interact with SendVia Providers shall be considered digital communications (“Digital Communications”).  By using Digital Communications, Users consent to SendVia Providers also using Digital Communications and User acknowledges User can retain copies of these communications for User records. The User agrees that Digital Communications by SendVia Providers to deliver agreements, notices, updates, and other information shall satisfy any legal requirements for such communications to be in writing.   

 

PROVIDER INFORMATION

MAILING ADDRESS 

The U.S. Postal Service mailing address for the SendVia is: 

SendVia, LLC 

PO Box 7101 

Appleton, WI   54912 

USA 

 

THIRD-PARTY SERVICES 

SendVia may utilize one or more Subservice Provider(s) and/or Global Partner(s) to provide SendVia Services. Links to Subservice Provider(s) and/or Global Partner(s) websites may collect personal information about the User. In those instances, the User will be subject to the separate policies, terms of use and possible fees of the respective Subservice Provider(s) and/or Global Partner(s). More information about details of the SendVia privacy policy can be found here: https://www.sendvia.com/privacy-policy

 

PRODUCT INFORMATION

RESERVATION OF RIGHTS AND OWNERSHIP 

SendVia Providers reserve all rights not expressly granted to the User in this User Agreement. SendVia Services are protected by U.S. and international copyright law, trademarks, service marks or trade dress of SendVia Providers in the U.S. and other countries; trade secret laws, and other intellectual property laws. SendVia Providers individually own the title, copyright, and other intellectual property rights in their respective contributions to SendVia Services. SendVia Services is licensed, not sold. This User Agreement does not grant the User any rights to the intellectual property of SendVia Providers. You shall not decompile, disassemble, or otherwise reverse engineer SendVia Services except as otherwise permitted by applicable law notwithstanding this prohibition. Any other trademarks not owned by SendVia Providers that may appear in SendVia Services are the property of their respective owners. 

PRODUCT DETAILS 

Detailed descriptions and specifications of products and services are provided by SendVia or the respective Subservice Provider(s) and/or Global Partner(s), and SendVia Providers are not responsible for any errors, omissions, or inaccurate product information.   

SITE POLICIES, MODIFICATION, AND SEVERABILITY 

SendVia reserves the right to make changes to this website, polices and User Agreement at any time.  If any provision of this User Agreement is determined to be invalid or unenforceable, it will be deemed to be modified to the minimum extent necessary to be valid and enforceable. If it cannot be so modified, it will be deemed severable and shall not affect the validity or enforceability of any other provision.  

BUSINESS OR PRODUCT REFERRALS 

SendVia Providers may include links or other referrals for products and/or services of affiliated companies or other business entities.  SendVia Providers does not warrant any User purchases made through such links or at such affiliated companies or other business entities, nor are SendVia Providers responsible for assessing, valuing, or rating any business or product referrals and/or services or other contents of a referred website.  SendVia Providers shall not be responsible or liable for any actions, liability or other claims arising out of such business or product referral transactions.  Referred website(s), when clicked, may additionally collect personal information about Users.  Users are responsible for independently evaluating any business or product referral website(s), their products and/or services, warranties, terms of use and privacy statements.   

FINAL PRICING 

SendVia website prices are subject to change without notice until after an order is accepted in the destination country.  In the event the accepted price is higher than the website price, SendVia will, at their discretion, either contact the User for instructions or notify the User that the order was cancelled, and any payment will be refunded.  

RETURNS, REFUNDS AND TITLE 

In cases where a refund may arise, for example, where SendVia Services are cancelled or terminated early, SendVia, at its’ discretion, will issue a refund or a coupon to the User for the refunded amount, which may be applied against future gifts. 
 

UPDATES/CHANGES

SendVia Providers may update or change SendVia Services at any time and without notice to the User. 

LEGAL INFORMATION

LICENSE AND ACCESS 

Upon agreement to the terms and conditions herein and any applicable payment of fees, the SendVia grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to access and utilize for personal and non-commercial use only, SendVia Services.  Except as expressly stated herein, you are not licensed or permitted to do any of the following: 

  1.  attempt to access any other SendVia Services or systems, websites, or programs or data that are not made available

for public use; or 

  1.  copy, reproduce, republish, upload, post, transmit, resell, or distribute SendVia Services in any way. 

All rights not specifically granted are reserved and retained by SendVia. This License Grant is specific only to SendVia Services and does not control the use of other information provided, which may be subject to other agreements between the User and other parties. 

LIMITATION OF LIABILITY 

SENDVIA SHALL HAVE NO LIABILITY IN RELATION TO YOUR USE OF SENDVIA SERVICES FOR ANY REASON. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SENDVIA IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SendVia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES SendVia ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN USER ARISING OUT OF USER’S USE OR INABILITY TO USE SENDVIA SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN SendVia AND USER. SendVia WOULD NOT BE ABLE TO HAVE PROVIDED SENDVIA SERVICES WITHOUT SUCH LIMITATIONS. 

DISCLAIMER OF WARRANTIES AND USE OF SERVICE 

SENDVIA SERVICES ARE PROVIDED ON AN "AS-IS" and “AS AVAILABLE” BASIS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SendVia DISCLAIMS ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING SENDVIA SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AVAILABILITY AND NON-INFRINGEMENT.  SendVia DOES NOT WARRANT THAT SENDVIA SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER SERVICE OR WEBSITE LIMITATIONS. USER ASSUMES ALL RISK ASSOCIATED WITH ANY USE.  

DISPUTES 

User agrees to submit any dispute arising from or related to this Agreement, including, but not limited to, disputes relating to the SendVia, SendVia Services, and the interpretation and enforceability of this User Agreement, to binding arbitration. Class actions and class arbitrations are not permitted; claims may be brought in individual capacities only and cannot seek relief that would affect other Users. Nor may arbitrations be consolidated unless all parties consent. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then that claim (or that request for relief) will be brought in the appropriate court after all other claims are arbitrated. Arbitration will be conducted under the Consumer Arbitration Rules of the American Arbitration Association, which can be found at www.adr.org, in such location as the parties agree. The arbitrator may, in their discretion, award the cost of the arbitration, including reasonable attorney fees, to the prevailing party. An award made by the arbitrator may be confirmed in any court having jurisdiction. Any arbitration shall be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consent of the other party, except to a party’s legal advisers or as otherwise permitted herein. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.  

Any action or proceeding by User related to the SendVia Services must commence within twelve months of the occurrence giving rise to the claim against SendVia.
 

APPLICABLE LAW 

The user agrees that federal law, and the laws of the state of New York, without regard to conflicts of law principles, will govern interpretation of this User Agreement.  

LEGAL NOTICE AND/OR OTHER LEGAL PROCESS 

Any legal notices, service of subpoena or other legal process shall be made using the recognized government mail entity where the party resides or the U.S. Postal Service, via registered mail with return receipt to SendVia at the following address: 

SendVia, LLC 

c/o United Agent Group

3411 Silverside Road Tatnall Building, #104

Wilmington, DE 19810

USA

NOTICE OF INTELLECTUAL PROPERY INFRINGEMENT CLAIMS 

Any alleged intellectual property infringement claims must be submitted in writing using the recognized government mail entity where the party resides or the U.S. Postal Service, via registered mail with return receipt, to the following address: 

SendVia, LLC 

c/o United Agent Group

3411 Silverside Road Tatnall Building, #104

Wilmington, DE 19810

USA

 

Written claims relating to intellectual property (IP) infringement must include: 

  1. The full name and signature of the IP owner or agent, 
  2. A copy or detailed description of the IP material related to the claim, 
  3. A detailed description of how or what infringement is being claimed, 
  4. A detailed location of date, time, and location of the infringement (i.e., if on a webpage, the URL and screen print), 
  5. The contact information including address, telephone and email of the IP owner or agent where Risk

Assist can respond, 

  1. A statement signed by the IP owner or agent providing an honest claim for why the SendVia use is not

authorized by the IP owner, their agent, or by law; and, 

  1. A notarized, signed statement, made under perjury, that the information submitted in this claim is

accurate and that the party submitting is the IP owner or the IP owner’s authorized agent.  

 

RELATED POLICIES 

PRIVACY 

Please see the SendVia Global Data Privacy Policy which is also covered by this agreement and your use of SendVia Services. 

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