SellerChamp User Agreement
Latest Version Posted: September 30, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND THE SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR A PROVIDER ACCOUNT.
a. To be eligible for our Services, you must be at least eighteen (18) years old and a resident of the United States. In the event you are not a resident of the United States and wish to use our Services, you agree to submit yourself to jurisdiction in the United States and the State of Arizona. b. To use the Services, you must submit a complete registration form on behalf of yourself or the corporation, partnership or other legal entity that will be using the Services. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using the Services. You agree to provide current, complete and accurate registration information, and then update the information as required to keep the registration information current, complete and accurate.
All logos, domain names, website content and other intellectual property that entail our products and services are the exclusive property of SellerChamp. You will not copy, imitate, modify, alter, amend or use any of the SellerChamp intellectual property without our prior written consent.
While using our Services, you agree to the following:
To comply with all applicable laws, statutes, ordinances and regulations related to use of the Services;
You may not use our Services to engage in fraud or other illegal activity, or advocate illegal activity;
You may not use our Services to infringe upon or violate any right of a third party including: (a) trademark, copyright, patent, trade secret or other proprietary, intellectual property or contractual rights; (b) right of privacy (i.e. you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
To comply with the terms and conditions of all agreements you have with third parties, including but not limited to eBay;
You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the SellerChamp website, or any transaction conducted on the website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or limits our ability to provide the Services. You will not unload, send or post any information that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the SellerChamp website;
You agree not to collect, copy, reproduce, alter, modify, create derivative works, or publicly display any content or information from the SellerChamp website without the prior written consent of SellerChamp and the appropriate third-party.
You agree not to use any robot, spider, or other automatic device or routine to access or interface with the SellerChamp website.
You will not use or submit any materials that are (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
You are solely responsible for all information, data, text, graphics, photographs, images, or other materials you provide to SellerChamp or other users of our Services, including but not limited to all information you submit to eBay that SellerChamp obtains via the Services (i.e. such as eBay email addresses, user IDs, passwords), and you acknowledge by using the SellerChamp Services that SellerChamp is acting only in a passive manner for your online storage, distribution, and publication of your materials;
You will only use the space allocated to you in the Image Library for storing images used in advertisements placed through the Services;
By using the Services and the SellerChamp website, you agree that SellerChamp has the right to access, monitor, remove, modify, or disable access to any or all of you materials at any time at the sole discretion of SellerChamp;
SellerChamp cannot and does not assure that other users will comply with the foregoing User Conduct rules or any other provisions of this Agreement, and, as between you and SellerChamp, you assume all risk of harm or injury resulting from any such lack of compliance.
Passwords & Security
You will at all times maintain the confidentiality of your user names and passwords. In the event there is a breach of security through your account, you must immediately change your password.
You agree to waive all claims against SellerChamp in the event the security of your account is compromised. Further, you agree to indemnify, defend, and hold SellerChamp harmless in the event SellerChamp incurs damages to its intellectual property or other financial damages due to a breach of confidentiality.
Provider offers multiple types of service plans – including, without limitation, monthly and annual service plans. Your recurring service fee, if any, will be calculated based on the service plan presented to you and agreed to by you during service registration. In addition, you are responsible for all variable and transactional costs of using the service (including but not limited to: postage, fees for private carriers, package insurance, items purchased in the online store, if any, fees for additional users, or other special services selected) in addition to your applicable service fee, if any. Your recurring service fee, if any, will be calculated and billed based on the date you register and the terms of your offer. If you have registered for a monthly billing plan (like most Provider users), the monthly billing cycle ends each month after you register. For example, if you register on March 8, and you are provided a free trial offer, the first billing cycle will begin April 8, and the second billing cycle will begin on May 8. Provider bills in advance (i.e., at the beginning of the applicable billing cycle), if you cancel in the middle of a billing cycle you will not be refunded for your service fees and your account will remain available for usage for the remainder of that billing cycle. If you register for a free offer, but wish to avoid incurring the recurring service fee, make sure to cancel your account before the free period ends. To cancel, call Provider customer support at (469) 589-5061, Monday – Friday, 8 am – 8pm (CST), or do so online.
You may terminate or close your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below. To cancel, you may do so by 1) accessing your online account or 2) calling Provider customer support at (469) 589-5061, Monday – Friday, during business hours, other than major holidays. You will be asked to verify your account information and confirm your intent to cancel your account.
Monthly Service Plan. You are free to end your monthly service plan at any time.
If you terminate your monthly service plan during the free trial period you will not be charged any service fee.
If you terminate your monthly service plan within the first thirty (30) days from signing up, you will receive a full refund of any monthly service fees paid (you will not be refunded postage or insurance fees).
If you terminate your monthly service plan after the first thirty (30) days, your account will be handled as follows at the discretion of Provider: (i) either a pro-rated/partial refund of that month’s service fee will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that month’s billing cycle, no refund will be given and the account will be closed and no longer accessible.
Annual Service Plan. You are free to end your monthly service plan at any time.
If you terminate your annual service plan during the free trial period you will not be charged any service fee.
If you terminate your annual service plan within the first thirty (30) days from signing up, you will receive a full refund of any annual service fees paid (you will not be refunded postage or insurance fees).
If you terminate your annual service plan after the first thirty (30) days, your account will be handled as follows at the discretion of Provider: (i) either a pro-rated/partial refund of that year’s service fee will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that year’s billing cycle, no refund will be given and the account will be closed and no longer accessible.
Fees & Payment Terms
You agree to pay all fees and taxes associated with using our Services. In addition, you are responsible for all variable and transactional costs of using the service (including but not limited to: postage, fees for private carriers, package insurance, or other special services selected). All fees are in U.S. Dollars unless stated otherwise. Provider’s service fee and any other applicable fees due, including fees for postage or shipping (if applicable), will be automatically charged to account holder’s credit card, debited from the account holder’s debit card or collected via direct account withdrawal from the account holder’s bank account at the end of each billing cycle (as directed by the user), in the case of service and other fees alone. Account holders who use SellerChamp Carrier Services, will be automatically charged their monthly service fee as well as a preset amount at the beginning of each billing cycle. SellerChamp Carrier Services users will also be charged such preset amount each time the balance available in the SellerChamp Carrier Services is not sufficient to print a label requested by such a user. The minimum preset amount is $100 and the maximum is $1000. Higher auto pre-funding amounts may be set within the Provider Site. In addition to this, SellerChamp requires a monthly membership which covers use of all Services. Changes to fees and payment terms are effective immediately unless otherwise indicated, and it is your responsibility to check for any changes. Payment of SellerChamp invoices will be set-up and paid automatically through a credit card accepted by SellerChamp. All such payment information will be on file with SellerChamp. Failure by you to make all timely payments may result in SellerChamp immediately terminating all Services, at the sole discretion of SellerChamp. Furthermore, in the event your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms, which include but are not limited to retaining collection agencies and legal counsel to pursue collection.
Excessive users (Excessive Users) will be charged additional fees for SellerChamp services without notice. SellerChamp may deem a user an Excessive User in the event that SellerChamp determines, in its sole and absolute discretion, that such user is scheduling or launching items beyond the scope charged by SellerChamp pursuant to SellerChamp’s package prices. Examples of an Excessive User include, but are not limited to, a user that has: a. One calendar day where 100,000 or more items are uploaded and/or submitted to Amazon; or b. One calendar month where 500,000 or more items are uploaded and/or submitted to Amazon.
SellerChamp reserves the right to immediately terminate the accounts of all “Excessive Users at SellerChamp’s sole and absolute discretion. In addition, SellerChamp reserves the right to charge all Excessive Users additional charges beyond package prices to use SellerChamp Services. Such charges are part of our fees, and must be paid immediately in order to remain an SellerChamp user with an active account. The amount of these charges are in SellerChamp’s sole and absolute discretion. Companies, individuals, or other business entities, including but not limited to all affiliated entities will be deemed an “Excessive User” in the event that SellerChamp finds a user attempting to circumvent this Excessive Usage rule by setting up additional SellerChamp accounts that post to multiple eBay accounts.
Abuse, Suspension, Termination
Without limiting our other remedies, we may limit, suspend, or terminate our Services and your user account(s) at our sole discretion, without notice, and for any reason in the event we think you are abusing our services, you fail to follow the terms and conditions of this Agreement, you are creating problems or potential legal liabilities, you are infringing on the intellectual property rights of us, any of our affiliates, any third parties, or you are acting inconsistent with our policies or the spirit of our policies. In the event SellerChamp limits, suspends, or terminates your account, all monies paid to SellerChamp are non-refundable.
You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time without your consent.
Limitation of Liability
Under no circumstances, including but not limited to negligence, will SellerChamp be liable to you or any other person or entity for any direct, indirect, incidental, punitive, special or consequential damages including lost profits, personal injury (including death), loss of materials, loss of content, loss of files, loss of goodwill, costs of procurement of substitute goods and services, and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, the SellerChamp website or content, or (b) the conduct or actions, whether online or offline, of any user of the SellerChamp website or any other person or entity, even if we have been advised of the possibility of such damages. In the event SellerChamp is found liable, SellerChampís total liability to you for all damages, losses and causes of action whether in contract, tort (including but not limited to negligence) or otherwise will not exceed the amount paid by you in the past six (6) months, if any, or $100, whichever is less.
The SellerChamp website and services are provided on an ìas-is basis and without warranty or condition, express, implied or statutory. SellerChamp, its suppliers and distributors, specifically disclaim all implied warranties of title, merchantibility, fitness for a particular purpose and non-infringement.
Provider may make an API (Application Program Interface) available to Customers in Provider’s sole discretion. Customers may access their SellerChamp account data via an API. Any use of the API, including use of the API through a third-party product that accesses SellerChamp, is bound by the Terms plus the Terms of Service.
DiscountPost Transactions & Related Services
Third Party Partners: Certain shipping transactions may be offered through our DiscountPost service, including but not limited to the DiscountPost Advantage Program, which enables our customers to ship packages from the United States and international posts at discounted rates (hereafter, “DiscountPost”). We act as your carrier and are primarily responsible for the fulfillment of the DiscountPost services offered through our network of third party parcel processing facilities that are selected and directed by us (“DiscountPost Processing Facility”). If you ship eligible items to a destination through DiscountPost, you may first be required to ship the item through a DiscountPost Processing Facility which will then route the item to the destination address. You acknowledge and understand that we may direct one or more third party shipping provider(s) to oversee the processing, customs clearance, shipment and, to the extent applicable, the return of the item so long as your shipment meets the terms and conditions of this program and any other applicable third party requirements. Eligible shipment items and quantities are generally governed by the origin and destination country’s postal regulations, import and export laws, rules and requirements. Ineligible items that are shipped may be returned, seized, destroyed, or disposed of pursuant to such laws, rules and requirements. Please contact us for additional information about eligible items and quantities. You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your shipment of a parcel that contains ineligible, restricted, illegal, or otherwise prohibited items. You acknowledge and agree that we have the absolute discretion to disable the DiscountPost service from your account.
Rates: You will be provided with a unique rate card based on information you provide to us during the onboarding process, such as your location, shipment volume/weight and pickup schedule (pickup days/times and frequency). You are required to provide us with at least 72 hours’ notice if, for any pickup, your shipment volume (parcel count or weight) increases by 10% or more. You may be required to obtain a new rate card if your shipment volume increases, or decreases, by 20% or more. We are not responsible for any unsuccessful pickups if you fail to provide us with required notice. A request for an increase in the frequency of pickups may be subject to additional fees.
Fees and Adjustments: We may change prices and fees, in our sole discretion, at any time. The fees for DiscountPost may include both DiscountPost and third party carrier fees. The total of the fees may be included within the shipping rates provided to you and may not be separately delineated from the overall charge. Rates for services charged will be based on the rates that are available for your account and may be updated by us in our sole discretion. For shipments where (a) you do not provide or provide incorrect shipping details about the parcel (such as weight, address, dimensions, dimensional weight, service type or package type), (b) shipment information is not legible, (c) the shipment has been tendered by you to the wrong carrier, or (d) the packaging is inadequate or improper, DiscountPost reserves the right, at its sole discretion, to either (i) deliver the parcel(s) at an increased rate that will be automatically charged to you, (ii) return the parcel(s) to you with the cost of the return and processing of the return charged to you, or (iii) destroy or dispose of the parcel(s), with the cost charged to you. In the event that the assessed rate cannot be calculated using the DiscountPost rates (for example, in the event that the actual weight of the shipment exceeds the maximum weight supported by the program), you will be charged for the replacement service, which may include a domestic label, if applicable. For example, you might be automatically charged for a domestic Priority Mail Retail Package (rated based on transportation from your facility to the third party shipping facility, and any balloon/oversized surcharges as required per USPS rates and requirements) plus the cost of a Priority Mail International Retail Package (rated based on transportation from the third party shipping facility to your intended international recipient, plus any balloon/oversized surcharges as required per USPS rates and requirements). Note that in the event that DiscountPost does not supply a domestic label, domestic Priority Retail Package rates will not be included in any adjustments.
Refunds: No refunds shall be applicable for a DiscountPost or third party carrier shipment that has been provided to any carrier. In addition, no rate credits shall be applied in the event your shipment could have qualified for a less expensive rate but you did not select that rate.
Undeliverable Parcels: A parcel is considered undeliverable if (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) delivery cannot be made because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (iii) the parcel is unable to clear customs, (iv) the recipient refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the parcel would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the parcel contains restricted, illegal, or otherwise prohibited items, (vii) the parcel’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the parcel is undeliverable for any reason, we may attempt to notify you and to arrange for the return of the parcel, subject to any local regulatory restrictions. Additionally, we may, in our sole discretion, return the parcel to you or destroy or dispose of the parcel. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable parcel. DiscountPost prohibits the shipment of any and all Tobacco Products under DiscountPost’s Global Advantage Program. The term “Tobacco Products” includes any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product; the term includes, without limitation, cigarettes, e-cigarettes, cigars, e-cigars, e-hookah, vape pens, advanced refillable personal vaporizers, and electronic pipes. We reserve the right to refuse to accept, transport, or deliver any shipment containing Tobacco Products that we, in our sole and unlimited discretion, determine does not comply with our requirements for the shipment or any applicable law or regulation, and to discontinue any or all service to you for, among other reasons, tendering such a shipment. We reserve the right to dispose of any shipment containing Tobacco Products that shippers are prohibited from shipping, that we are not authorized to accept, that we state that we will not accept, or that we have a right to refuse. Any fees or charges that are associated with your shipment of Tobacco Products will be directly billed to your account.
Right of Inspection: You agree that we, our shipping partners, or any governmental authority including customs and security may open and inspect your shipment at any time. You acknowledge and agree that DiscountPost, our shipping partners, or any governmental authority may, at its sole discretion, decide to destroy or dispose of a parcel in the event a determination is made that such destruction or disposal, as the case may be, is required (for example, prohibited items are shipped through DiscountPost or there is suspected fraud associated with the transaction).
If you have a dispute with one or more users, you release us (which includes but is not limited to our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
No agency, partnership, joint venture, employee-employer, franchisee-franchisor, or principal-independent contractor relationship is intended or created by this Agreement.
We reserve the right to cancel all inactive accounts at our sole discretion and without notice.
By accepting this Agreement, you agree to indemnify, defend, and hold SellerChamp and its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from all claims, judgments, costs, expenses, or liabilities, including reasonable attorneys fees and costs arising out of any acts or omissions made by a third party arising from the breach of this Agreement or a violation of law or the rights of a third party.
In the event that a court of competent jurisdiction determines that any portion of this Agreement is in violation of any statute or public policy, then only the portions of this Agreement which violate such statute or public policy shall be stricken. All portions of this Agreement which do not violate any statute or public policy shall continue in full force and effect. Further, any court order striking any portion of this Agreement shall modify the stricken terms to give as much effect as possible to the intentions of the parties under this Agreement.
In the event suit is brought about or an attorney is retained by SellerChamp pursuant to this Agreement to enforce the terms hereof, to collect any monies due hereunder, or to collect money damages for a breach hereof, SellerChamp is entitled to recover in addition to any other remedy, regardless of the outcome of such suit, the reimbursement for reasonable attorneys fees, court costs, costs of investigations, expert witnesses, discovery and other related expenses incurred in connection therewith as determined by the court and not a jury.
Governing Law / Venue
This Agreement shall be governed by and construed under and in accordance with the laws of the State of Arizona and with the laws of the United States of America. Venue for any action will take place in Phoenix, Arizona, United States of America. By accepting this Agreement, you subject yourself to jurisdiction in federal and state courts located in Phoenix, Arizona, United States of America.
Each individual that agrees to this Agreement on behalf of a corporation or other entity warrants that he is authorized to do so and that this Agreement will constitute the legally binding obligation of the entity which he represents.