SHIPSMART GENERAL TERMS OF SERVICE

These General Terms set the conditions under which ShipSmart will provide Services to the User, establishing clauses, terms and conditions covering the rights, responsibilities and obligations of each party.


1. Definitions.
1.1. ShipSmart: SHIPSMART TECNOLOGIA LTDA., Avenida Paulista, 171, 4th floor, São Paulo/SP, Brazil, CNPJ 28.575.809/0001-60.
1.2. User: any individual or legal entity that uses the Services via the System under these Terms.
1.3. Services: services provided by ShipSmart as indicated in the System.
1.4. System: tool available at “http://www.shipsmart.com.br/” to use ShipSmart Services.
1.5. Site: “http://www.shipsmart.com.br”.
1.6. Shipment: the User’s product and/or document to be transported by ShipSmart.
1.7. Shipping Service: transportation of Shipments to destinations outside Brazil.
1.8. Calculation Service: calculation of taxes and freight, whether or not the shipment is executed.
1.9. General Terms: these System License and Service Terms, binding on ShipSmart and the User.


2. Acceptance.
2.1. By registering in the System, the User agrees to these General Terms.


3. Services.
3.1. Services are made available and contracted through the System.
3.2. They may include, without limitation, international shipment and tax/freight calculation services.


4. Prohibited Shipments.
4.1. Products may not be shipped if (i) related to illegal activities; (ii) prohibited by law in origin, destination, or route; (iii) requiring specific licenses.
4.2. For safety, ShipSmart may inspect products to be shipped; this does not breach privacy.
4.3. The User is solely responsible for noncompliance.


5. User Information.
5.1. The User is solely responsible for data and content provided.
5.2. ShipSmart may use contact data to communicate about these Terms, shipments, promotions and feedback.
5.3. The User warrants that data supplied is true, accurate, up to date and complete.
5.4. ShipSmart may amend these Terms; changes are effective upon publication on the Site.


6. Shipping Service.
6.1. The User must provide true shipment information. Cost discrepancies due to User error are borne by the User.
6.2. Upon contracting, the User shall choose the delivery method to ShipSmart and the party responsible for taxes.
6.2.1. If the User pays taxes, ShipSmart will handle customs clearance for delivery to the consignee.
6.2.2. If the consignee is responsible for taxes, ShipSmart does not guarantee door delivery; pickup may occur at customs.
6.2.2.1. If the consignee fails to pay, return freight to origin will be borne by the User.
6.2.3. The User always bears freight costs of the Shipping Service.
6.3. The System will provide tracking and shipment information.
6.4. For changes, the User must request via support or to oi@ShipSmart.com.br; any costs are borne by the User.
6.5. If the carrier cannot deliver, the Shipment will be returned to the User without liability for ShipSmart.
6.6. ShipSmart is not liable if customs impede delivery; any extra costs are borne by the User.
6.7. If taxes are substantially higher than amounts already paid, or the Shipment is held, ShipSmart will notify the User within 24 hours to decide whether to pay the difference or return the Shipment.


7. Payment.
7.1. The System displays service prices and payment methods; the User must provide complete payment data.
7.2. The User is responsible for taxes and charges.
7.3. Services begin after payment confirmation.
7.4. For legal entities, ShipSmart may offer invoiced payments per indicated periodicity.


8. Indemnification.
8.1. The User shall hold ShipSmart harmless from losses arising from breaches of these Terms, especially prohibited shipments.


9. System.
9.1. The System is provided “as is” and “as available,” without warranties.
9.2. ShipSmart does not warrant uninterrupted or error-free operation nor compatibility with third-party systems.
9.3. The System must not be used in critical environments where failures may cause severe harm.


10. Account Closure.
10.1. The User may close the account by requesting to oi@ShipSmart.com.br.


11. Penalties and Suspension.
11.1. Breaches allow ShipSmart to interrupt Services and suspend the account, without prejudice to legal action.


12. Application to e-commerce.
12.1. If a third party integrates the System into its portal, it is responsible for acts attributable to the end user; such persons are “Users” under these Terms.


13. General Provisions.
13.1. Tolerance does not imply waiver or novation.
13.2. Invalidity of any clause shall not affect the remainder.


14. Governing Law and Venue.
14.1. Governed by Brazilian law. Venue: São Paulo/SP.