User Agreement

Definitions:

 

TSS:  The Shipping Spot 

Client:  Any person contracting or using “The Shipping Spot” services for a fee or for free including individuals and businesses.

SP/SPs: Stands for Service Providers - any individual or company that ships or works in the logistics field such as custom brokers, freight forwarders, agents, shipping lines, airlines, Etc.

 

This document describes the terms with which TSS offers you access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the www.theshippingspot.com domain. Once you accept the terms and conditions of this Agreement, you hereby agree and acknowledge that at anytime and in our sole discretion, we may effectively modify the terms and conditions of this Agreement by posting the modified Agreement with its new terms and conditions on the TSS website. All modified terms and conditions shall take effect immediately after posting to the TSS website. You agree and consent to any and all modified terms and conditions hereunder. This Agreement may not be modified, amended, and/or changed by you in any manner. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on November 01st, 2020 for all users.

 

1. TSS is a Neutral Venue. TSS is not a Service Provider (SP), freight forwarder or broker.

 

Our site acts as a venue where shipping clients and SPs can meet and enter into agreements. We are not involved in the actual transaction between shipping clients and SPs. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. TSS does not prequalify or validate the claims of SPs including with respect to their licensure, insurance and registration. We, our website and mobile application function solely as a neutral venue and digital clearinghouse where two parties may agree on a price for a particular type of service. We are the neutral venue for this connection between you and other members. We do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. We cannot and will not guarantee the ability of members to complete payment for any of the provided services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by us and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between shipping clients and SPs, we have no control over the accuracy of listings, the ability of SPs to transport items, or the ability of shipping clients to send items. We cannot ensure that a shipping client or SP will actually complete a shipment.

 

2. Membership.

 

You agree that you can form legally binding contracts under applicable law. Our services are not available to temporarily or indefinitely suspended TSS members. You acknowledge that you are at least 18 years of age. Minors may only use this service in conjunction with their parents or guardians. Your TSS membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. SPs who engage in the shipping of goods must have a valid license that allows them to operate and handle these shipments. You agree that the website and mobile application are for services only and that work that you provide will only involve services. You agree that you will not use your participation in the TSS website as a means to sell or market any types of goods or products, unless specifically allowed by TSS.

 

3. Other Terms and Conditions.

 

You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website and mobile application at various places throughout the website and mobile application. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.

 

4. Fees.

 

a) There are currently no fees to join TSS as a shipping client. Service Providers (SPs) are charged a yearly membership fees based on the available programs and packages available at the time of subscription. Membership fee (may be discounted for special programs).

 

The origin of the membership or the account does not affect how much TSS charges. Unless otherwise stated, all fees are based in US Dollars (“USD”). 

 

b) TSS reserves the right to charge members for fees associated with specific matches or transactions that occurred on our site. TSS reserves the right to waive or change our fees, penalties, or interest at any time. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your username and password, including fees. We recommend that you not disclose your TSS password or any account sensitive information to any third parties.

 

c) TSS will apply the following commission system on SPs for all their accepted quotations as shown in the table below:

 

Quotation All In Price                                  Packages

                                                  Basic             Plus          Premium

$ 1 – 500                                     10                   8                   5

$ 501 – 1,000                              15                 12                 10

$ 1,001 – 5,000                           25                 20                 15

$ 5,001 – 10,000                         40                 30                  25

$ + 10,000                                   60                 40                  30

- Plus 14 % VAT

d) TSS recommends that SPs take all their measures to ensure their business & freight collection. But we are available to work as a guarantor for freight collection if requested and on the cost of the requestor as per the conditions below.

 

Guarantor fees for freight collection:  

 

If quotation all in price is below $ 1,000 the requester will be charged $ 5 to handle the process.

If quotation all in price is below $ 10,000 the requester will be charged $ 10 to handle the process.

If quotation all in price is above $ 10,000 the requester will be charged $ 20 to handle the process.

 

Freight guarantee process:

 

  1. The client pays TSS the full quotation all in price upfront.

  2. TSS issues an email confirmation to SP that we are now the guarantor of this specific amount. So SP can start handling the client’s shipment.

  3. After the client confirms by email the receiving of the shipment without any open disputes, TSS release the payment to SP. 

 

 

5. Payments.

 

Service Providers, will be given two payment options when paying for their Yearly subscription fees:

  • Paying through our QR code using your credit card.

  • Paying through a wire transfer to the bank information provided at the time of payment only (all bank charges for both sides should be paid by you).

 

How TSS collects it’s commission:

 

Case 1- In case TSS is a guarantor in the freight payment process, we deduct the commission before releasing the freight amount to SP.

 

Case 2- Every SP can buy commission credits of $100 and it’s doubles to be used when his quotations get accepted by clients.

 

Case 3- Case by case payment: SP will be given 3 working days to pay the commission from the day he receives the client information and confirmation to handle the shipment.

 

In case of payment failure the SP account will be suspended and a penalty of $ 20 will be applied to be re-activated. & in case of such a repeated behavior TSS reserves the right to deactivate the account.

 

 

6. Match Cancellations and Account Credits.

 

A “Cancellation” occurs when either party has to cancel after a quotation was accepted on TSS but before any services are performed. After a quotation is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on TSS will not be performed. When you request a cancellation, the other party will be notified. 

 

After the match is canceled the Client can either reselect a new service provider or delete the shipment request. 

 

Every member is allowed 1 free cancellation for every 10 matches (10%) on TSS. Each Excessive Cancellation, above the 10% threshold, is considered to be excessive, or above the marketplace norm and will be displayed in the member's profile. TSS will determine the excessive cancellation/match rate based on both the SP’s previous 12 month cancellation rate as well as their lifetime cancellation rate on TSS. Only if both rates are above 10% will the SP receive excessive cancellations. SPs that have excessive cancellations may be charged higher membership fees than other SPs. To determine the excessive cancellation surcharge we will use the lower percentage of the previous 12 month or lifetime cancellation rate. For example, if a SP has a lifetime cancellation rate of 15% and a past 12 month rate of 20%, then the user will have an excessive cancellation rate of 15%. Cancellations do not affect the overall feedback score. 

 

SPs that have Excessive Cancellations at the time of subscription renewal will have an increase to their subscription fees, in proportion to their current ratio of cancellations to matches. The fee schedule is as follows:

 

Excessive Cancellation Surcharge Schedule

 

Cancellations/Match Rate            Fees Increase

              0 - 10%                            No Increase

         10.1 - 20%                                  20%

         20.1 - 30%                                  40%

         30.1 - 40%                                  60%

         40.1 - 50%                                  80%

         50.1 + %                                   100%

 

For example, when a SP who has 100 matches and 15 cancellations and its time for subscription renewal, their cancellation rate is calculated at 15%. Thus, this SP would have a 20% increase to their renewal fee amount (i.e., if their renewal fee was previously $100 it will now be $120 because of the 20% increase).

 

TSS takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to cancel matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will be subject to additional fees and penalties, and may have their account immediately suspended or deleted.

 

7. No Agency.

 

You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the TSS website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.

 

8. Release.

 

Should you have a dispute with one or more TSS users, you release TSS, its officers, directors, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

9. Shipping.

 

As a shipping client, you are obligated to complete the transaction with the SP if you accept the SP's quotation, unless the transaction is prohibited by law or by this Agreement. By accepting a SP's quotation, you agree to be bound by the conditions of the bid included in the bid details so long as those shipment details are not in violation of this Agreement or unlawful. Acceptance generally is not retractable unless: (1) the SP materially changes the bid details after your acceptance; (2) a typographical error is made; or (3) you cannot authenticate the SP's identity or credentials. The SP reserves the right to inspect your shipment before accepting it, and to refuse to ship any item prohibited by this Agreement or by law. We recommend that you do not seal any package before inspection by the SP. 

 

10. Restricted Items.

 

Hazardous or dangerous goods. These are items that may pose a danger to health, safety, or property while being shipped (such as explosives, radioactive materials, flammable gases and solids, and toxic substances). Hazardous goods should be shipped under certain conditions (if they are properly packaged and labeled) only then they can be listed on TSS - provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law. For details on particular hazardous substances and shipping requirements, please consult your local authority and/or regulatory agency. Prohibited, regulated or perishable goods. These are items considered restricted or perishable which generally do not pose a danger to health, safety, or property while being shipped, but their shipping is regulated or banned for public policy reasons. Full responsibility rests with the shipping client to comply with all laws and regulations that relate to the shipping of hazardous, restricted and perishable material. Anyone who ship a prohibited or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment)

 

11. Shipping.

 

You must legally be able to ship the shipments you quote on. You agree that it is your sole obligation to comply with all laws, rules and regulations that may apply including any and all local and international licensing requirements. You must describe your offer and all terms of your services on the quote submittal form on our site. You acknowledge that the TSS website exists for members to make a fully informed decision about your quotes, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), TSS reserves the right to suspend or cancel your account at our sole discretion. Your quotation may only include content relevant to the description of your transportation services. If you quote on any shipment and your quotation is accepted by the shipping client, you are obligated to perform the services offered in your quotation at the accepted quotation price. 

 

12. Information You Submit.

 

You solely are responsible for any information you provide to us or other users in the registration or shipping process. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing TSS process. Information may not contain any viruses or other malware that may damage or interfere with our website and mobile application. Furthermore, you may not list any shipment on our site that, by paying us a subscription fee, could cause us to violate any applicable law or regulation, or that violates our Prohibited Items terms. You authorize TSS to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website and mobile application acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website and mobile application that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website and mobile application acts as a passive conduit for any of your on line communication or distribution of content or information.

 

Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website or mobile application, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:

 

• Will not violate any international or local law, regulation, rule, or statute;

• Will not violate the terms of this Agreement; 

• Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights; 

• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;

• Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about TSS employees, agents, other members, or the marketplace itself; 

• Will not contain any computer hardware or software, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of our website, mobile application, operation of any of our systems and or create or impose a large burden or load on our website or mobile application; 

• Will not scan or test the vulnerability or security of our website, mobile application or the system within which it operates; 

• Will not be used for commercial or public purposes outside of the requirements of this Agreement; 

• Will not create liability for us in any manner whatsoever; 

• Will not frame or link to our website without our written permission; and 

• Will not involve the upload, or insertion of, any programming language or code into or onto our website or mobile application.

 

You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

 

13. Fraud.

 

TSS may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our site. Members may not manipulate the quotation prices for any shipment or interfere with other members' listings or transactions. Other fraudulent acts include:

 

A. Fees - You shall NOT:

 

• Request payment from another TSS member via instant cash transfer services (non-bank, point-to-point cash transfer services such as Western Union or MoneyGram);

• Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, or; 

• Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the TSS website or mobile application (given that the particulars of the service requested are materially the same as those requested on the TSS website or mobile application). Your accepted quotation price must include ANY and ALL charges, including any taxes, fees, etc.;

 

B. Manipulating feedback

 

You acknowledge and agree that the TSS website or mobile application is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, we cannot, do not and will not make any comments on behalf of you or your services. As a consequence, you acknowledge that the key component and integrity of the site is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon that feedback. Therefore, in order to preserve the key component and integrity of the site, you shall NOT:

 

• Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member; 

• Post and/or cut and paste and/or copy the content of a member feedback review from the TSS website or mobile application to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;

• Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member); 

• Post or attempt to post, in any manner or by any means, a feedback review on your own account.

 

14. Off-Site Communications.

 

TSS prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the TSS site. Offers of this nature circumvent TSS fee structure and are a potential fraud risk for both shipping customers and SPs. Some examples of off-site offers include: 

 

• Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in TSS messaging system, profile section, “Additional Information” sections, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site. 

TSS reserves the right to edit, amend, or delete any personal contact information that members submit on our site. TSS reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.

 

15. Posting in the Community.

 

TSS reserves the right to edit, amend, or delete any information posted on the site if, in the sole opinion of TSS, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement.

 

16. Right to Reject or Remove Members.

 

We reserve the absolute right to reject your participation, or remove you from your current participation, in the TSS site at any time and for any reason or for no reason and without notice to you. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the TSS marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.

 

17. Petition for Reinstatement.

 

Upon your removal from the TSS website, you may petition for reinstatement. Your petition for reinstatement must include the following: 

 

a) A written statement as to why you should be reinstated 

 

b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.

 

18. Confidentiality/Non-Disclosure.

 

As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.

 

19. Taxes.

 

You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.

 

20. Record Keeping/Audit.

 

We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.

 

21. Non-solicitation.

 

During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.

 

22. No Felony Convictions.

 

You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.

 

23. Unsolicited Idea Submission.

 

We always want to receive messages and feedback from TSS members and welcome any comments regarding the TSS marketplace. However, TSS policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by TSS might be similar or even identical to your idea.

 

If you do send TSS an unsolicited suggestion, idea, or proposal, or if you send, at the request of TSS, a comment or suggestion to improve the TSS Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), TSS will consider the Submission to be non-confidential and non-proprietary. TSS shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. TSS shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

 

24. Identity Verification.

 

We use techniques to help verify the identity of SPs when they register on our website through the TSS domain, sub-domains or mobile application; however, TSS cannot and will not confirm each Service Provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with.

 

25. Feedback.

 

For each TSS transaction, the shipping client and Service Provider are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating, along with a short comment about your experience. Feedback scores are calculated when another member gives you score. Each member's overall feedback score is the average of all the scores you got. 

 

You acknowledge that your feedback consists of comments left by other TSS members and a composite feedback number compiled by TSS. You agree that you will not use your TSS feedback in any venue other than TSS. Members should always use caution and good judgment when leaving feedback for another member because, members could be held legally responsible for damages to a member's reputation if a court were to find that the remarks constitute libel or defamation. Because TSS does not censor feedback or investigate it for accuracy, TSS is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, the law does not protect the person who leaves the feedback from responsibility for it.

 

26. Resolving Feedback Disputes.

 

To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member's profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond.

 

  • Feedback Comment Withdrawal.

 

TSS will remove individual feedback comments only in very rare circumstances, such as when they violate certain TSS policies. Other situations where TSS will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when TSS receives a valid court order to remove feedback.

 

27. Remedies.

 

Remedies for use of our website or mobile application that violate this agreement include, but are not limited to, the immediate removal of your shipment, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you.

 

28. No Warranty.

 

TSS, our employees, and our suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

 

29. Limited Liability.

 

We try to keep TSS and its sites, services, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. You further acknowledge that operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our sites, services, and tools at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold TSS responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• Your use of or your inability to use our sites, services and tools;

• Delays or disruptions in our sites, services, or tools;

• Viruses or other malicious software obtained by accessing our sites, services, or tools or any site, services, or tool linked to our sites, services, or tools;

• Glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them;

• The content, actions, or inactions of third parties, including items listed using our sites, services, or tools or the destruction of allegedly fake items;

• A suspension or other action taken with respect to your account;

• Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

30. Indemnity.

 

You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.

 

31. Legal Compliance.

 

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.

 

32. Arbitration.

 

Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by TSS to collect our fees and/or recover damages for, or obtain an injunction relating to, the TSS site operations, intellectual property, and our services, shall be settled by binding arbitration. The arbitration shall be conducted in Cairo, Egypt, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

 

33. Dispute Resolution.

 

Disputes between you and TSS regarding our services should be reported to  TSS Member Support. We will attempt to resolve any disputes you have with us. Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to TSS, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith. We encourage you to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. We do not specifically endorse any such third party mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.

 

34. Protection of Intellectual Property Content.

 

The TSS website and mobile application contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website and mobile application including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website and mobile application does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.

 

35. Trademark and Domain Name Protection.

 

The TSS website and mobile application contains trademarks, trade names, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.

 

36. Security.

 

TSS uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website or mobile application can be interrupted by numerous factors outside of our control.

 

37. Governing Law.

 

THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF ARAB REBUBLIC OF EGYPT, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.

 

38. General. 

 

This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.

 

Last Revised Date: Nov. 01, 2020