TERMS AND CONDITIONS
All services provided by Postal.kz are governed under our Terms and Conditions, and are subject to change at any time.
Activation of the Member’s account or use of services provided by Florida For Export, LLC (hereinafter “FFE” or the “Website” or “Postal.kz”) will represent the Member’s acceptance of this agreement (hereinafter “Agreement”), as set forth in the following Terms and Conditions, and the Member’s authorization for Postal.kz to charge the Member’s payment method for all future charges.
Postal.kz reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member’s responsibility to review the Postal.kz Terms and Conditions periodically as continued use of Postal.kz’s services will constitute the Member’s acceptance of any revised terms and conditions. If you disagree with modification made to these Terms and Conditions, your only recourse is to cease using the services of Postal.kz
Postal.kz prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by Postal.kz in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
Membership starts the day the Member’s application is received by Postal.kz The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
- Personally Identifiable Information. During your use of this Website, we may collect information that you voluntarily share with us.
- Personally identifiable information may be collected when you send us an email using the Help page or when you Live Chat. We will retain the content of the email, messages, your name, your email address, and our response in order to handle any follow-up questions you may have. We also use this information to measure how effectively we address your concerns.
- Personally identifiable information is collected when you register for our service, purchase a membership, or use our services. This information may include your (1) contact information (such as name, address, email address, and phone number), (2) age, (3) gender, (4) date of birth, (5) account numbers, (8) financial and payment information, (9) your VAT/Tax ID, (10) information about purchases and product shipments, and (11) any other information you choose to provide us. We may use third party service providers to assist us in collecting and analyzing this personally identifiable information. You consent to the disclosure of your personally identifiable information to such third party service providers.
- If you have provided us with an email address, we may send you email messages related to your transactions with us. Email addresses are used by Postal.kz to send email for the following purposes: (1) To send an initial, one time greeting to each new member; (2) To send notices to members with respect to receiving and forwarding their packages; (3) To occasionally email you notifications of any announcements at Postal.kz; and (4) To send newsletters or special offers to members who have requested that service. We do not sell, rent, or loan our email lists to outside firms.
- Non-Personally Identifiable Information. We use non-personally identifiable information in the aggregate to determine how much traffic the Website receives, to statistically analyze Website usage, to improve Website content, and to customize the Website’s content, layout and services. In addition, we may use your IP address to help diagnose problems with our server, to manage the Website, and to enhance the Website based on the usage pattern data we receive. Personally Identifiable Information. We will use personally identifiable information for: (i) the purpose for which you provide it; and (ii) as otherwise may be disclosed at the point of collection. For example, we may use your contact information as provided to us, such as email address, telephone number, or mailing address, to contact you regarding administrative notice and communications related to your use of the Website or otherwise as you may request. As another example, we may use your financial information to process payments.
- Upon written request and verification of your identity, we will provide you with your personal information in our possession. Requests for such information may be sent to the contact information below. You may also update or correct your personal information in our possession by contacting us using the contact information below or updating your information on the Website.
- You may have the opportunity to follow a link to other websites that may be of interest to you from this Website. Postal.kz endeavors to only link to reputable organizations related to your areas of potential interest, but these websites may not be hosted or controlled by Postal.kz and Postal.kz is not responsible for the privacy practices of those websites or the content provided thereon. Please review the privacy policies and practices of those websites before use.
- Our website contains affiliate marketing links, which means we may be paid commission on sales of those products or services. Our editorial content and information is in no way influenced by advertisers or affiliate partnerships.
- Postal.kz takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information. These measures include annual internal reviews of Postal.kz’s practices and security measures, including a review of Postal.kz’s encryption and physical security measures to guard against unauthorized access to systems where Postal.kz stores personal information. Due to the nature of the Internet and on-line communications, however, we cannot guarantee that any information transmitted on-line will remain absolutely confidential, and we are not liable for the illegal acts of third parties such as criminal hackers.
- Postal.kz is committed to protecting the privacy of children. Postal.kz does not knowingly collect personally identifiable information from children under the age of 16. If a person under 13 provides us with personal information without parental or guardian consent, the parent or guardian may contact us at the contact information listed below, and we will remove the information. No information should be submitted to or via this Site by users under the age of 13.
II. USER GUIDELINES
You agree to adhere to the following guidelines when using this Website:
- You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
- You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents
- You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another’s computer
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations
- You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not provide personal information of others without their express permission.
- You may not provide personal information of individuals under the age of 13.
- You may not access or attempt to access Postal.kz’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Website.
III. TERMS OF SERVICE
- Postal.kz will provide the Member with a Street Address at the FFE facility in the United States at which the Member can have mail and/or merchandise delivered prior to export.
- Postal.kz’s services consist of acting as an agent of the Member for consolidation and export purposes by receiving the Member’s merchandise, which will be sorted, packed, and consolidated. At the Member’s direction, Postal.kz arranges for export to the Member’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Postal.kz does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by Postal.kz may be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail and packages will be sent.
- Postal.kz will receive the Member’s mail (i.e., letters, catalogs, and newspapers). Postal.kz will ship, in accordance with these terms, understands that the Member is directing Postal.kz to send the mail to the Member’s address on record through an unaffiliated freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.
- The Member authorizes Postal.kz to charge his/her payment method for all services and/or account activity with Postal.kz. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
- If a Member’s payment method is by credit card, and if such Member has an outstanding invoice or invoices, the Member authorizes Postal.kz to charge his/her credit card for the aggregate amount of such outstanding invoice or invoices in one or more credit card transactions.
- Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater
- Postal.kz will allow active Members to store their merchandise for up to 30 days at no charge.
- Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials
- Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by Postal.kz. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to Postal.kz is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by Postal.kz for damage or loss caused to any items before delivery to Postal.kz or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim. Postal.kz does not maintain its own Aircraft Accident Liability Insurance coverage.
- Either party may cancel the Membership Agreement with written notice (via email, fax or letter).
- Each Member, as collateral security for the prompt and complete payment and performance when due (whether at stated maturity, by acceleration or otherwise) of any amounts owed to Postal.kz by such Member, whether under these Terms and Conditions or otherwise (the “Secured Obligations”), hereby mortgages, pledges and hypothecates to Postal.kz and grants to Postal.kz a lien on and security interest in, all of its right, title and interest in, to and under any and all packages shipped by such Member to Postal.kz.
- If a Member’s account charges become delinquent for more than thirty (30) days, Postal.kz may exercise, in addition to all other rights and remedies granted to it in these Terms and Conditions and in any other instrument or agreement securing, evidencing or relating to any Secured Obligation, all rights and remedies of a secured party under the Uniform Commercial Code or any other applicable law.
- Title to any items that cannot be exported after arrival at the Postal.kz facility will be forfeited by the Member. Postal.kz will have the option of returning all such forfeited packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
- The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Sellers in a manner that (1) transfers title to the Member prior to the time that the merchandise is received at the FFE warehouse and (2) in accordance with risk of loss terms that provide either that the buyer or the Member bears the full costs and risks of moving the goods from the buyer’s location to the FFE warehouse.
- Each package received by Postal.kz with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a charge consistent with Postal.kz’s current schedule of fees. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
- The Member’s Postal.kz address is to be used only for package consolidation purposes. The Member will not represent that its Postal.kz address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its Postal.kz address is the address of the Member’s place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member’s Postal.kz account.
- The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that Postal.kz is not responsible for any action taken by the seller with respect to the Member’s order as a result of the seller’s terms and conditions of sale.
- The Member also is responsible for informing the seller that any merchandise purchased and sent to Postal.kz’s facility ultimately will be exported out of the United States. Additional information is provided in Subsection IV.D (“Compliance with the Foreign Trade Regulations”) below. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to Postal.kz by the seller.
IV. COMPLIANCE WITH LAWS
A. Compliance With Export and Import Laws
- The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country.
- The Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively “Export, Import, and Economic Sanctions Laws”).
- The Member represents and warrants that (a) the recipient of any items consolidated by Postal.kz is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient’s address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide Postal.kz with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by Postal.kz will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through Postal.kz, and the Member shall require any recipients of the food products or dietary supplements to adhere to the same requirements. Postal.kz reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by Postal.kz.
- If you are a reseller, you agree to be bound by the following terms:
- As a condition of your membership with Postal.kz, you agree to be bound by all terms and conditions of Postal.kz.
- You shall not use, transfer, re-export, resell, or otherwise dispose of any items consolidated and/or exported using the services of Postal.k to any destination, end-user, or for any end-use prohibited by the laws of the United States. By signing and returning this letter, you agree that you will comply with all relevant export laws of the United States. This includes ensuring that any names or addresses that you add to your account and customers to whom you resell do not appear on a U.S. Government denied party list.
- You recognized that products consolidated and exported using the services of Postal.k from the United States are subject to the controls of the Export Administration Regulations (EAR) of the U.S. Bureau of Industry and Security (BIS), which provide that a product is controlled by the U.S. export/re-export regulations if it is:
- made in the U.S.;
- foreign-origin but has “traveled” through the U.S.;
- developed from U.S. technology;
- sold by a U.S. citizen anywhere in the world; or
- made by a U.S. company anywhere in the world.
- Thus, the products consolidated and exported using the services of Postal.kz from the United States are subject to the controls of the EAR.
- You agree that only items purchased from the United States will be routed through Postal.kz (i.e., you will not knowingly purchase items from outside of the United States to be imported to the Postal.kz facility in the United States).
- You recognize that when purchasing merchandise you are responsible for notifying, and agree that you will notify, each U.S. Principal Party in Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, that you intend to export the merchandise purchased from the United States. You agree to provide to Postal.kz all information that may be required from the USPPI for export purposes, including, without limitation, the Export Control Classification Number of the item and the USPPI’s tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”) is required).
- You acknowledge that you will serve as the Importer of Record into the destination country for all transactions conducted using the services of Postal.kz. You are responsible for complying with all import obligations or license requirements of the destination country.
- To the extent that you are a reseller and the ultimate purchasers (i.e., your customers) are known to you at the time you export merchandise using the services of Postal.kz (e.g., your transaction is for a specific person rather than for inventory to be sold in the future), the following requirements apply:
- You must provide Postal.kz with the identity of your customer prior to conducting a transaction on behalf of that customer. The customer should be added to your Postal.kz account as an additional named person benefitting from the account (i.e., added as an “additional name”). Ultimately, you are responsible for conducting screening to ensure that you do not export to Prohibited Persons as defined in the Postal.kz Terms and Conditions using the services of Postal.kz or its unaffiliated freight forwarders and/or carriers
- Your customers also must agree in writing (or by electronic affirmation) to be bound by the Postal.kz Terms and Conditions. Postal.kz has the right to request a copy of this writing at any time. You should provide your customers with language along the following lines prior to engaging in a transaction with these individuals:
B. Prohibited and Restricted Items
The following list is a non-exclusive sampling of items that are restricted, cannot be shipped or, depending on your destination country, may either require an import license, additional documentation and/or cause problems and delays during the customs review of your shipment:
- Combustible/flammable items (paints, oils, lighters, nail polish)
- Hazardous materials (matches, chemicals, explosives)
- Firearms, weaponry and their parts: military, police and tactical equipment of any kind, including guns, gun replicas, gun accessories, gun components (magazines, clips and rail systems), ammunition, knives, swords, compound bows, crossbows, discharge weapons such as shock batons or stun guns, tooling for guns or gun parts, optical scopes, laser sights, night sights, night visions goggles, handcuffs and other restraints, surveillance equipment
- Agricultural products such as tobacco, plants and seeds (restricted to some destinations)
- Coffee (restricted to some destinations)
- Perishable foods (refrigerated, frozen, fresh/raw fruits and vegetables, etc.) Note that any food (including dietary supplements) received through Postal.kz may not be returned to or resold in the United States.
- Animals and products made with animal skin (furs)
- Cash, currency, money orders, cashiers’ checks, bank drafts, bearer bonds and collectible stamps and coins.
- Lottery tickets and gambling devices
- Prescription and/or veterinary medication
- Lock picking devices
- Government IDs and licenses, or items that claim to be, or that look similar to, government identification documents. This includes uniforms and badges or patches designed to look like official government-issue.
- The Member understands and agrees that any software and/or data residing on used computer equipment or other electronic storage device is the sole responsibility of the Member. The Member is responsible for and warrants his/her compliance with all applicable import and export laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of the Office of Foreign Assets Control, U.S. Department of State, and U.S. Department of Commerce and any requirements pertaining to the shipping of any such software and/or data to any country to, from, through or over which the Member’s shipment may be carried. Member also understands that Postal.kz is not responsible for the loss of any software and/or data.
- The Member acknowledges that Postal.kz will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the ITAR or that would require an export license under the EAR, except in instances where the item subject to the EAR is eligible for an export license exception that has been approved for use by Postal.kz.
- In the event that the Member is believed potentially to be a Prohibited Person or requests that Postal.kz arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, Postal.kz may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person.
- Postal.kz takes every precaution and makes every effort to fully comply with all laws and regulations governing international trade, including the Foreign Trade Regulations (FTR), relying on the information provided by the Member and the U.S. seller.
- The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Member. If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing Postal.kz with the true and accurate price that the Member paid for the merchandise, if the Member purchased it. In all circumstances, the Member represents and certifies that any value provided to Postal.kz is true and accurate.
Postal.kz will use commercially reasonable best efforts to prevent any fraudulent use of the Postal.kz service. Civil or criminal penalties may be imposed against the Member by the U.S. Government for making false or fraudulent statements with respect to this information.
- As a Member, you grant Postal.kz a written authorization to act as your agent for the following specific purposes:
- preparation of shipping documents;
- preparation of any Certificates of Origin;
- preparation of an EEI via AES and
- preparation of an airway bill or any other document required to export merchandise to Member.
- If an EEI (for which a charge consistent with Postal.kz’s current schedule of fees will apply) is required for goods manufactured and originating within the United States, Postal.kz will file the required export information on behalf of the Member as its agent pursuant to this section. If the Member or the USPPI fails to provide all of the information needed to accurately file an EEI, Postal.kz will decline to process the merchandise for export. Postal.kz reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Member also acknowledges that under such circumstances, Postal.kz will not reimburse the Member for the value of the merchandise.
- The Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States’ laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the U.S. government for making false or fraudulent statements with respect to this information.
- any negligent action or omission of Member or any of the Member’s employees, contractors, agents or any other person acting under Member’s supervision or control prior to, as of, or following the date hereof;
- any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
V. NO LEGAL RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship (other than as expressly set forth in these Terms and Conditions) exists between you and Postal.kz as a result of this Agreement or your use of this Website.
VI. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Postal.kz with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Postal.kz with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
VII. CONFLICT OF LAWS
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Florida. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party’s costs and expenses, including the prevailing party’s attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.
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