Terms & Conditions

 

The BUYUSA Service

 

  1. BuyUSA.co.nz Ltd d/b/a BuysUSA operates a mailbox rental operation and is the owner of certain mailboxes (each hereafter referred to as a "Mailbox") located at 510 South 11th Street Boise, Idaho. In addition to the Mailbox rental, BUYUSA may also offer related services to its customers. The Mailbox and all related services (collectively the "Service") are provided to you ('Customer') under the terms and conditions of this Mailbox Service Agreement and any modifications that may be made from time to time to this Agreement and all other terms, conditions, rules or operation or policies that may be made from time to time by BUYUSA (collectively the " Agreement" ) As used in this AGREEMENT, the term 'Customer' means Customer as well as its owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns.
  2. CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AT ALL TIMES. BY OPENING AN ACCOUNT WITH BUYUSA AND CONTINUED USE OF THE SERVICE CUSTOMER AGREES TO ABIDE BY THE TERMS OF THIS AGREEMENT.
  3. BUYUSA may modify or amend this AGREEMENT at any time. If such an amendment occurs then Customer may be notified of all amendments or modifications by one of the following methods: a) a popup screen that alerts the customer to the existence of amendments or modifications when Customer accesses BUYUSA's website. By continued use of the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT.; or b) An e-mail notice sent to the registered e-mail address of Customer. By continuing the use of the mailbox and/or the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT. Notwithstanding the above, all modifications or amendments by BuyUSA will become effective as soon as published in BuyUSA's website (www.buyusa.co.nz)
  4. BUYUSA reserves the right to, at its sole discretion, return to sender, destroy, or otherwise discard any package received for a Customer that has failed to agree to the terms of this agreement. Or if customer has failed to validate his/her identity to BuyUSA's sole satisfaction.
  5. Customer will enter a confidential password and receive a Mailbox account number when registering for a new account with BUYUSA. Customer shall maintain the security and confidentiality of the password. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer's account. Customer must immediately alert BUYUSA of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.
  6. BUYUSA provides Service under this AGREEMENT pursuant to one or more Service Plans. Customer hereby subscribes for Service under the Service Plan chosen by Customer when registering for an account. Customer acknowledges that it has been provided with a schedule detailing the annual subscription fees and all other fees applicable to all Service Plans offered by BUYUSA and available to Customer. Customer agrees to pay annual fees, shipping fees and other charges incurred for the Service chosen by Customer and/or for all Service provided BUYUSA. The customer may not store packages or parcels longer than the Plan's specified free 60 day storage period in their Mailbox. Customer agrees to pay a per month storage fee for each kilo of packages and parcels stored in the Mailbox for longer than the Plan's specified free 60 day storage period with a minimum monthly storage fee of $1.00
    For example the full monthly storage fee is incurred on the sixty first (61st) day after receipt of the packages or parcels by BuyUSA and additional monthly storage charges are incurred on the same day of the next calendar month up until such time the stored , packages and parcels are removed from Customer's Mailbox.
  7. The initial term of this AGREEMENT shall be the minimum Service period or the initial period paid for by the Customer whichever is longer. All Service Plans automatically renew every year unless cancelled by written notice to BUYUSA received at least 30 days prior to the sign up anniversary. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at BUYUSA's sole discretion. All Rents are due and payable the first day of each calendar month and become delinquent if not received by BUYUSA by the 10th day of the month. Customer agrees that BUYUSA may immediately charge Customer's Credit Card on record with BUYUSA for all charges or monies owed by Customer to BUYUSA. The Customer acknowledges and agrees that BUYUSA may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer's designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00 If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, BUYUSA has the right at its sole option to immediately terminate Service and/or this AGREEMENT.
  8. A new Customer's minimum Service period shall be no less than 365 days. All fees charged pursuant to this AGREEMENT are subject to change by BUYUSA without prior notice to Customer. All fees are payable in advance. BUYUSA will not prorate fees or provide refunds for cancellation of any service prior to the expiration of a Service period or the minimum Service period. In addition to rent and other fees due hereunder, Customer agrees to pay for all shipping charges as set forth in the chosen Service plan and all other charges set forth in this AGREEMENT. Shipping charges are based on weight and are calculated in increments of one (1) kilo. For example, shipments weighing up to one (1) kilo will be charged for shipping based on one (1) kilo and shipments weighing more than one (1) up to and including two (2) kilos will be charged for shipping based on 2 kilos and so on. Dimensional weight charges may apply on bulky, lightweight packages. Dimensional weight is used when the result of multiplying the measurement in metres of package height times package width times package length divided by 166 is more than the actual weight in Kilos.
  9. Upon cancellation by the Customer of this AGREEMENT or the Service, BUYUSA will provide Service only through the remaining term paid for by the Customer. The Customer agrees and acknowledges that BUYUSA shall have no liability for any packages or parcels delivered to BUYUSA or other obligations with respect to such packages or parcels after cancellation of this AGREEMENT by the Customer except as expressly provided herein.
  10. BUYUSA shall hold and forward any packages or parcels of the Customer for a period of not longer than 30 days after expiration, termination or cancellation of this AGREEMENT. These services will be provided only to the extent that the Customer pays in advance for all packing and BuyUSA applicable fees. . . All fees payable for such services shall be charged at the maximum shipping rates for the applicable country. If, upon termination of this Agreement or upon expiration of Customer's prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer's Mailbox contents, BuyUSA may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer's mailbox after 30 days of termination, are subject to be discarded, destroyed or otherwise disposed of by BUYUSA Customer waives and releases BUYUSA from compliance with any obligation to forward or re-mail such mail, packages or parcels provided for under federal law and regulations and specifically agrees that BUYUSA does not have any obligation to forward or re-mail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT
  11. BUYUSA may, at its option, not accept Mail or Packages for more than the Plan's maximum number of persons in a single Mailbox.
  12. If Customer refuses to accept packages or parcels from BUYUSA forwarded to Customer pursuant to this AGREEMENT, BUYUSA may return the package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by BUYUSA in connection with such returns. Upon the request of BUYUSA, the Customer must sign for or otherwise acknowledge its acceptance of all packages and parcels sent to Customer by BUYUSA.
  13. The Customer acknowledges and agrees that BUYUSA will not accept certified, registered or restricted delivery mail, package or parcels on behalf of the Customer unless specifically authorized by the Customer for each such delivery.
  14. BUYUSA will not accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer
  15. The Customer agrees that packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer's Mailbox, or when BUYUSA give notice that the item has been received to the Customer's e-mail address. The Customer expressly releases BUYUSA from all further responsibility or liability with respect to packages and parcels received by BUYUSA on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of packages or parcels, and for other services as may be purchased from BUYUSA. Customer agrees and acknowledges that it will not use or permit the Mailbox or Service to be used for any other purpose. Use of the Mailbox for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer.
  16. BUYUSA will provide the Customer with a mailing address for the Mailbox and Service. The Customer agrees not to modify or alter such mailing address. The Customer acknowledges and agrees that BUYUSA has no responsibility or liability for packages or parcels that are not properly addressed . Customer further acknowledges that BuyUSA may return to sender or discard any package that is received at such mailing address but is addressed to a name not previously registered with BuyUSA or is addressed to a name that has not completed the requirements set forth by BuyUSA to verify the identity of such name.
  17. The Customer acknowledges and agrees that BUYUSA cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Mailbox or Service with such agencies. The Customer further acknowledges and agrees that BuyUSA may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena. Customer specifically indemnifies and holds harmless BUYUSA from any and all liability, claims, damages, losses or causes of actions arising from the release of information regarding the Customer or the Customer's use of the Mailbox to any person, or local, state or federal agency. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If BUYUSA suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, BUYUSA may proceed to immediately terminate this AGREEMENT and Service .
  18. In order to avoid BuyUSA being an unwitting party to fraud or other illegal activities, shall BUYUSA suspect any package of containing any illicit, dangerous or stolen items, BuyUSA may inspect such package. Furthermore, if BuyUSA receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by BuyUSA, BuyUSA may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer's mailbox as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at BUYUSA's sole discretion.
  19. The Customer agrees and acknowledges that BUYUSA may at its sole option cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days notice. Such notice may be provided in written, e-mail or other electronic form. Notwithstanding the above , BUYUSA may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to: (1) the Customer abandons the mailbox for a period of more than (60) days; (3) the Customer does not provide prompt payment to BUYUSA when due; (4) the Customer's volume of packages and/or parcels is excessive and unreasonable; (5) the Customer's behavior towards BUYUSA employees or towards other Customers is offensive, abusive, violent, threatening or disruptive; (6) the Customer fails to cooperate with any request for information by a local, state or federal agency. (7) the Customer fails to provide or BUYUSA is unable to validate correct and accurate contact and personal information of Customer as requested by BUYUSA (8) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or (9) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by BUYUSA. The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.
  20. The Customer agrees to protect, defend, indemnify and hold harmless BUYUSA, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys' fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by BUYUSA, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by BUYUSA; (iii) the Customer's use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer's mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to BUYUSA's negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include BUYUSA and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
  21. CUSTOMER AGREES AND ACKNOWLEDGES THAT BUYUSA IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER SHIPMENT TO THE CUSTOMER. FOR CUSTOMERS REQUIRING INSURANCE THIS IS OFFERED AS AN OPTIONAL SERVICE FOR AN ADDITIONAL FEE. INSURANCE SERVICE IS UNDERWRITTEN BY VERO MARINE. BUYUSA WILL MANAGE THE CLAIMS PROCESS. HOWEVER ALL CLAIMS WILL BE SETTLED BY VERO MARINE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES . CUSTOMER IS SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OFANY NATURE RELATING TO THE SHIPMENT OF PACKAGES TO THE CUSTOMER. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer. The Customer acknowledges and agrees that BUYUSA has no responsibility or obligation to insure any shipments sent to the Customer UNLESS REQUESTED TO DO SO.
  22. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). BUYUSA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER'S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A 'AS AVAILABLE' BASIS AND BUYUSA MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR BUYUSA's WEB PAGE IS AT CUSTOMER'S SOLE DISCRETION AND RISK BUYUSA WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM BUYUSA'S WEBSITE.
  23. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF BUYUSA, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED $10.00 PER SHIPMENT (UNLESS INSURANCE IS PURCHASED). WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. BUYUSA SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL BUYUSA BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
  24. All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer's e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer's fax number on record, five (5) days after deposit at post office.
  25. This AGREEMENT shall be interpreted and construed in accordance with the laws of New Zealand without regard to the conflicts of laws provisions thereof. Any action to enforce this AGREEMENT or any action arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and BUYUSA by this AGREEMENT shall be brought in the courts of New Zealand.
  26. If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
  27. If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time , such failure not operate as a waiver thereof.
  28. Customer (including its agents, employees and representatives) represents to BUYUSA that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, 66 F. Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from BUYUSA.
  29. Third Party Offers The Sites may include third party material, advertising, promotions and/or links to third party materials. Any dealings you have with any third party provider is solely between you and that third party. While BuyUSA has taken reasonable care to ensure that third parties are reputable, BuyUSA will not be responsible for the contents of any third party material or promotion or be liable for any direct or indirect loss or damage suffered by you (or any other party) from accessing, using, relying on or trading with third parties. The inclusion of any link or third party material, advertising or promotion does not imply BuyUSA's endorsement of or any association with the third party.
  30. Your Disclosure of Items.You will be required to correctly and completely disclose the contents of any Items. You agree to be truthful in your disclosure and acknowledge that you may be subject to Civil and Criminal penalties for a false disclosure. The Customs and Excise Act 1996 and other relevant legislation relating to the importation and delivery of goods apply to the Services in this Agreement. You are responsible for compliance with legislative requirements.
  31. Limitation of Liability in respect of Carriage of Goods. We exclude all implied conditions and warranties and have no liability to you for any loss or damage suffered by you or any other person as a result of: (a) providing, or failing to provide, any of our services; or (b) any default, delay or omission in providing any of our services. Without limiting the paragraph above, we have no liability to you for: (a) any damages consequential upon any loss of, or damage to, any item stored or conveyed by BuyUSA; or (b) any delay or omission in the receipt, transmission or delivery of any item stored or conveyed by BuyUSA. We have no liability for any loss or damage suffered by you or any other person because of any loss, default, delay or omission in the receipt, transmission or delivery of any item stored or conveyed by BuyUSA or its contractors. If, for any reason (including any statutory requirement), we cannot rely on any exclusion or limitation of liability to exclude a claim from you, the maximum amount we will have to pay you in relation to that claim is the lesser of: (a) refunding the cost of our services, or; (b) providing our services again.
  32. Unacceptable Items or Dangerous Items. BuyUSA advises that the items listed on the What Can't I Ship? page can not be shipped using the BuyUSA service.
  33. Events outside our Control. We are not required to provide our services, if it is not reasonable for us to do so because of events outside our control.
  34. Taxes, Duties and Fees. Taxes and fees including GST may be imposed on your shipment due to commodity type and or shipment value. You will be required to pay these taxes and or fees if not already collected Prior to final delivery of shipment.
  35. Shipments, handling and conveyance not guaranteed. BuyUSA will attempt to fulfill all shipment requests. However shipments may be delayed due to congestion at BuyUSA's logistics facility or transportation delays outside of BuyUSA's control. BuyUSA attempt at all times to fulfil our delivery commitment but can not guarantee to do so. Customers are not eligible for compensation or refunds for any delayed, lost or damaged or destroyed shipments. Shipment insurance is offered. You acknowledge that you hold BuyUSA free of all liability (to the extent permitted by law) for any loss or cost you suffer when using the BuyUSA services offered on the Sites.
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