Effective as of January 27, 2018
ACCEPTANCE OF TERMS
VIP Locker Service (the "Service") is owned by ROD Trading Corp (the “Company”). Collectively referred to as (“we” “us” “our” or the “Company”).
These terms and conditions are the only terms, which govern the services provided by VIP Locker Service.
Your access and use of the Services constitute your agreement to be bound by these Terms and Conditions (the “Terms”), which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.
Notwithstanding anything to the contrary contained in this Agreement, the Company may, from time to time change the Services with out the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Sales Confirmation.
Only applicable to these Terms and Conditions:
“company’s possession” refers to the actual physical possession of packages in which a tracking or delivery confirmation receipt is provided which shows that the package was received by the Company, its employees, or agents.
“delivery service” refers to providing the service of delivering received packages to a location agreed to by the Company and Customer.
“package” includes merchandise, baggage(s), package(s), luggage(s), online purchases, and any other item(s) customer have sent to the Company to receive or mail to them.
“package pick up” refers to Customer picking up their packages at any of the Company’s locations.
You may register for the service on this Site or at one of our physical locations.
When you register, you represent and warrant to us that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Service does not violate any applicable law or regulation of these Terms. Otherwise, the Service may not be provided, and we may not be able to contact you with important notices.
This Service is not to be used by individuals under the age of 18. You hereby and represent to the Company that you meet the foregoing qualification.
The Company reserves the right to suspend or terminate your account, with or without notice to you, in the event that you breach these Terms.
Once you register, you will receive an email confirming your registration with your assigned customer number.
You will receive an email notification when our Company receives your items and you will be able to view it on our website.
Certain weight and package size restrictions may apply depending on the selected Locker plan. See Section V for Prohibited Items.
The Service includes receipt, custody, package pick up and delivery service. VIP Locker also offers services that include domestic and international delivery to the Customer.
You acknowledge that all the text, images, marks, compilations, data, other content, software, and material displayed on the Service or used by the Company to operate the Service is proprietary to the Company.
You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.
You agree, the Company owns all rights, titles and interests, including all intellectual property rights and other property rights, in and to the Service, Site, lockers, software and technology used by the Company to provide Service, the Site, the characteristics and functionality of the Locker and all use and other data generated or collected in connection with the use thereof (the "Company Materials"). You agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works of, or otherwise make unauthorized use of the Company Materials.
You are solely responsible for obtaining the equipment necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company's actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
Disclaimer: This service does not refer to Locker as being an actual physical Locker.
You represent, warrant and request that, in connection with the Service and this Agreement, you will not: (i) violate laws, third-party rights or our policies; (ii) buy, receive, or otherwise deliver or remove illegal items or items that encourage illegal activities, controlled substances (such as marijuana and cocaine), offensive material, stocks or other securities, firearms, weapons, explosives, any item that may cause damage to our locations, alcohol, tobacco products, articles that have odors, animals, plants, fertilizers, unprocessed seeds or any other item or category of items that the Company may from time to time restrict with notice to you (including the notice posted on the site); (iii) Rejoin or attempt to use the Service if Company has prohibited or suspended it; (iv) attempt to defraud the Company or any third party; OR (v) use another user's account or allow another person to use your user account. Any illegal activities undertaken in connection with the Service may be forwarded to the appropriate authorities.
By using our services, you agree not to use the Site for any purpose that is illegal or prohibited by this Agreement or by applicable laws. You may not use the Site in any way that in our sole discretion could damage, disable, overburden, impair or interfere with the use of any other part of it. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Site. You agree not to use automated means to access or collect information from the Site, and you agree not to use any robot that we may omit in this agreement. You further agree not to use false or misleading information in connection with your Service account and acknowledge that we reserve the right to disable any user account associated with information that we reasonably believe is false or misleading.
We only accept packages from companies located in the United States. However, if your sender is not located in the United States, prior to paying for the use of our services, you must request in writing for us to accept packages from the sender and at our own discretion we will determine and respond within a reasonable time if we will accept packages from your sender. The request must be sent to firstname.lastname@example.org.
The Company will make it’s own determination whether to accept packages from the requested Sender. Subject to Section Limitation on Liability.
Prohibited items will be rejected and returned to the sender or consignor immediately, any fees and/or costs incurred by the Company as a result of the return will be paid by you.
If you are not sure if an item is prohibited, you should contact us immediately at email@example.com before sending any items to our locations. If expenses are incurred as a result of the interception of prohibited items, the company may charge you for any reasonably related expenses incurred or that may appear necessary.
VIPLocker strictly prohibits the following:
Hazardous and/or Toxic Products. The shipment of products that may endanger human or animal life, or that may stain or damage other transported goods. In addition, the shipment of products, which may be toxic, radioactive and flammable, as defined by applicable law.
Products withdrawn. Items subject to revocation by the manufacturer or any government agency.
Spam techniques. Products used to enable mass marketing, including the sending of unsolicited mail or email messages, or otherwise enable spam techniques.
Food. Any perishable item that may require refrigeration, freezing or heating during transportation.
Time sensitivity. Items whose primary value is subject to a specific time interval or expiration date, including but not limited to concert or sports tickets and airplane or train tickets. We allow the shipment of items, which exhibit an expiration date to comply with local health and safety regulations. For example, food products are allowed according to this policy.
User safety. Products associated with deceptive business models and misleading statements, including multi-level marketing programs, matrix, pyramid, Ponzi schemes and wealth creation programs.
Abortion. Content related to abortion that uses violent language or frightening images.
Alcohol. The shipment of alcohol, including alcoholic beverages, beer, wine, champagne, alcoholic beverages, beer or wine from the clubs of the month, and kits to make alcohol or beer.
Sexual services for adults. Content related to pornography, nudity, graphic sexual language or escort services. VipLocker allows adult content related to sexual enhancers, aids or devices and erotic lingerie. This content must be promoted without pornographic content or nudity to be acceptable.
Verification Requirements. Items restricted to specific ages or that require proof of identification when buying.
Casinos and gambling. Products related to gambling, including promotional products such as bonuses related to gambling, bonus codes, etc. Lotteries such as national or state lotteries or affiliates or national or state lottery aggregators. Physical scratch cards of lottery.
Endangered Species. Products obtained from threatened or endangered species, including but not limited to: elephant ivory, shark, tiger, whale or dolphin and turtle or elkhorn coral
False documents. False documents including false identifications, government documents, diplomas and medical notes
Fireworks. Fireworks and pyrotechnic devices
Financial products or other regulated products, securities and stored value. Financial or investment products, including cash disbursements, money orders, traveler's checks, stocks, bonds or related financial products and stored value cards.
Health care and medications. Certain pharmaceutical products and supplements, regardless of any claim of legality. For example, dietary or herbal supplements that contain active pharmaceutical ingredients that make false or misleading health claims, etc.
Products behind the counter (BTC). Over-the-counter medications do not require a prescription, but require discussion with a pharmacist before purchase. Some examples of BTC products may include medicines that contain pseudoephedrine and emergency contraceptives, and may differ by region.
Human remains and body parts. Body parts or human remains in any form including but not limited to: organs, bones, any body fluid or any cremated remains.
Illegal drugs. Illegal drugs, legal or synthetic maximums, herbal drugs, chemical products and compounds with psychoactive effects, drug paraphernalia or aid to overcome drug tests. Our drug policy covers illegal products, as well as some products that may be legal in some countries.
Illegal hacking. Content that promotes hacking by providing instructions or equipment to illegally access or manipulate software, servers, cell phones or websites.
Illegal products. Products that allow illegal acts. All products that are shipped must clearly comply with all applicable laws and regulations of the United States. Whenever there is a question of whether compliance is clear, VipLocker may choose to err on the side of conservative interpretation and has additional restrictions. We are not interested in sending products of questionable legality.
Live animals and plants. Live animals and plants.
Precious materials. Metals or rare stones, scarce or valuable.
Sensitive transport restrictions. Products sensitive to our transport conditions, which require a license or transport permit, or with which special precautions must be taken in relation to loading or unloading.
Stolen property and locks collection devices. Stolen objects and locks collection devices. This also includes products where the serial number has been removed or altered.
Commercial sanctions. Content that would violate applicable government trade sanctions.
Traffic devices. Products designed to interfere with the application of traffic laws. While radar detectors are allowed in most countries, radar interferers and other law evasion products are not allowed. Tobacco or tobacco-related products including cigarettes, cigars, tobacco pipes, rolling papers, electronic cigarettes and electronic cigarette cartridges.
Minor or non-consensual sexual acts. Images of child sexual abuse, child pornography, non-consensual sexual acts or illegal sexual acts. Please note that we do not allow this content, even if it complies with government regulations.
Weapons or devices designed to cause serious injury or damage. For example, pistols, pieces of weapons or hardware, ammunition, bombs, knives, throwing stars and brass knuckles. Discount currencies, currency exchange or currency trading.
Copyright. Material protected by copyright unless the merchant has the consent of the owner of the copyright, or as permitted by law. For example, unauthorized or "pirated" copies of media, software or other licensed or protected material. Modified chips or other devices designed to circumvent copyright protection are also prohibited. Counterfeit products that contain a trademark or an identical logo are indistinguishable from the brand of another and imitate the characteristics of the brand of the product in an attempt to pass themselves off as a genuine product of the brand owner.
Academic Help. Academic aids that provide an unfair academic advantage. This includes getting real questions from the test in advance, turning it into a paper that someone has written as their own original work, or trying the taking services (where someone will take an exam for you).
Anti and Violence. Anti or violent concepts, such as content that advocates against an organization, person or group of people; Advocating against a protected group. A protected group is distinguished by one of the following: race or ethnic origin, color, national origin, religion, disability, sex, age, veteran status, sexual orientation or gender identity; Attempts to review history against the interests of a protected group; The promotion of self-mutilation and violence against people or animals.
Content associated with criminals or a criminal act. Products that allow self-harm or violence against people or animals and content associated with criminals or a criminal act. Content that tries to take advantage of sensitive issues. Sensitive issues are often identified in response to exceptional global events that cannot be predicted, such as natural disasters or political uprisings, and are therefore not described on this page.
FEES AND PAYMENT
We charge for the use of our services. The fees associated with our services are described in detail in our plans. We reserve the right to change rates as long as we provide you with notice of changes to our rate schedule. Any changes to our service fee will not apply to services already in progress.
SERVICE FEES ARE NON-REFUNDABLE. However, if we have made prior arrangements refunds will be made at our own discretion and it will be subject to a twenty (20) percent cancellation service fee. Service payments can only be made in US dollars, currencies with low exchange volatility with respect to the dollar or market instruments accepted by the company.
A valid credit, debit card, or any other authorized payment method is required when you acquire our Service on our site and it is your responsibility to ensure the accuracy of the information provided on the site, including the cardholder's name, the expiration date of the card number and the CVV code.
By entering and submitting information on the Site, you certify that all and any information you provide is accurate and complete. In addition, it certifies that you have the legal right to provide such information and authorize us to process your card for payment.
You agree that you are responsible for all fees and expenses incurred by you in connection with the Service as described in this Agreement and you expressly authorize the Company to charge the credit card provided by you for all such fees and expenses.
DISCHARGE OF LIABILITY
The Customer agrees, in the act of withdrawing package(s), Customer will make the verification of all package(s) before leaving the physical location of where the withdrawal of packages is being made. Customer agrees that by accepting and withdrawing his belongings, VIP Locker is released of all responsibility and liabilities and there will be no subsequent claims.
In the case of the use of Locker Movil, the Customer accepts the use of subcontractor transport companies, and accepts that the package will be insured for the amount requested by his person and releases VIP Locker from all responsibility when making the delivery of the products to the customer. Customer agrees that VIP Locker’s responsibility is limited to those products that have been verified through photography, a service that can be reviewed in detail in our plans.
The Customer agrees that when selecting to have their package(s) mailed to them inside the United States or internationally, they assume all the risk and fees associated with the delivery of their package. The Company will only ship the package once all delivery fees have been paid to the Company. In the event that Company makes any payments for any fees required for shipment, Customer agrees to indemnify the Company for such costs.
The Company makes NO GUARANTEE AND ASSUMES NO RISKS as to the condition or delivery date of the package(s). No assurance risk can be provided because other third parties may be involved in the delivery service. When package is mailed within the United States, the Company will email the Customer the tracking number of their package and confirm the package(s) has been mailed to them, at which time the Company will be released of any claims and will not be liable for any damages. Thus, it is recommended that Customer purchase an optional shipping insurance to have package insured in case of any damage(s) or loss.
Packages must be collected within a certain period of time, which is measured from the date on which we receive the first package. The time limitations are described to you in more detail when you pay for the Service and are also listed on the company’s website. All customers must pick up their packages within the time-frame agreed and established with the purchase of the Service.
You will receive an email notification five (5) days prior to the expiration of your Locker to serve as a reminder of your locker expiration date. Once your Locker has expired you will receive three expiration notices as described below.
One (1) day after the expiration of the Locker.
Fifteen (15) days after the expiration of the Locker.
Thirty (30) days after the expiration of the Locker.
Customer agrees that the package(s) is declared abandoned fifteen (15) days after the third (3) notification has been sent. If there is no response or if the payment of the corresponding surcharge has not been received, the Company shall be entitled to destroy or sell the packages (or any relevant part thereof), at its absolute discretion. The proceeds of any such sale shall first be applied to any charges, costs or expenses (including interest) outstanding in respect of the Service. Any balance shall be held to the customer.
The Company cannot and does not guarantee that packages deposited at the Company’s location will not be subject to theft, fire, water damage, bad weather, vandalism or loss or damage in general, and you accept that the Company will not have any liability to you for any case, except to the extent that it is caused by gross negligence or willful misconduct by the Company.
The sole liability of the Company with respect to the loss or damage of any item while in the Company's possession shall not exceed the lesser of (A) the sum of the fair value of the item delivered and (B) one hundred fifty dollars US $ 150, subject to your provision of reasonable information requested by the Company about the nature of said item and the price paid for it and a refund of any fees for the service paid in respect of that item.
To guarantee the security of your belongings we will request identification with a photograph when the Customer or an Authorized person makes the withdrawal, the identification must coincide with the person registered in VIP Locker’s platform.
The packages received in VIP Locker will not be opened unless the customer requests the service of product confirmation. VIP Locker is not responsible for any packages that are not verified. Additionally, VIP Locker will not be responsible for the status of the content of the same, the customer will receive a External photo of the box, in which you can see how it was received. On the other hand, packages may for any reason be opened by the staff of VIP Locker, so the content is the sole responsibility of the customer. The customer is aware of this clause and accepts it in this agreement.
For security reasons, our locations can be equipped with camera recording devices. The company owns all rights to the images obtained from such recording devices. In case of an incident, you may request the material by following the necessary procedures through your local authorities or by a court order. In addition, by using our service and site, you consent to the filming of each and every one of the activities that occur in our locations.
THIRD PARTY ADS AND SERVICES
The Site may include advertisements or other links that allow you to access websites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and will not have any responsibility for the content of such sites and services, products or services offered through them, or their use or interaction with them.
The Service may contain links to third party services such as Shipping Insurance. The Company provides these Third Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Ads and Services that are found on or through our site, including payment and delivery of related services, are solely between you and such merchant or advertiser.
Non-discrimination clause. For the purposes of this Section, "discrimination" means any statement, comment, comment or negative feedback, whether written or oral, about the use of our site or services on any website, social media or in person. You agree to refrain from engaging in derogatory conduct and further agree that in the event that you engage in derogatory conduct, as defined herein, the Company will have the right to terminate your agreement and cancel your services without any refund. The cancellation of services and the breach of these terms and conditions authorize the Company to recover the damages and losses for the amount of five thousand dollars of the United States ($5,000). The indemnity clause for damages in this document is intended to cover losses of reputation and other losses suffered by the Company, which are intrinsically difficult to quantify. The damages are not a penalty, but a reasonable measure of the loss of reputation and other losses that the Company may suffer in case of contemptuous conduct by the user.
If you wish to terminate this agreement at any time and for any reason, or for no reason at all, you may do so by canceling your account through the site. Cancellation of your account will suspend your account indefinitely. To comply with state laws, some personal information may be withheld at the end of your account.
You agree that the Company, in its sole discretion and for any or no reason at all, may terminate this Agreement, your account or your use of the Service or Site. The Company may also, at its sole discretion and at any time, suspend the provision of the Service or Site, or any part thereof, with or without prior notice. You agree that the Company will not be liable to you or any third party for such termination.
DISCLAIMER OF ALL WARRANTIES
The Service, Site, Lockers and any media, information or other materials available in conjunction with or through them are provided "as is" and without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, the company and its licensees and partners exclude all express or implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of property rights. The company and its licensors and partners do not guarantee that the features and functionality of the service, site or lockers will be uninterrupted or error-free, that the defects will be corrected or that the site or servers that make the features and functionality available are virus-free. or other harmful components. Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above exclusions, exclusions or limitations may not apply to you, and you may have additional rights.
You agree to indemnify and hold the Company, its affiliated companies and the owners of establishments in which the Lockers are located, and each of the officers, directors and employees of any of the foregoing, harmless from and against any claim, loss, damage or liability, costs and expenses, including reasonable attorney's fees (any of the above, a "Claim"), that any of them may incur as a result of or related to your use or misuse of the Service, Site or Lockers, violation of this Agreement or violation of any law, rule or regulation, provided that the foregoing does not obligate you to the extent that the Claim is directly derived from the willful misconduct or gross negligence of the Company. The Company reserves the right to assume the exclusive defense and control of any matter for which you are obligated to indemnify us and you agree to cooperate with our defense of these claims.
LIMITATION ON LIABILITY
The Company is not a party to any transaction between you and any online merchant or any delivery service contracted by you or an online merchant, and will have no liability in connection therewith, including any damage to a package that occurred prior to your receipt by the Company. Under no circumstances, including, but not limited to, negligence, the company or its affiliates, contractors, employees, officers, directors, agents or partners of third parties or suppliers, will be liable for any special, indirect, incidental or consequential damages, or damages. Copies that arise from the service, site or lockers, including their use or any other interaction with the company, even if the company or an authorized representative of the company has been warned of the possibility of such damages. The applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you, in the event that the liability of the company will be limited to the extent permitted by law. In no case shall the total liability of the company and its affiliates, contractors, employees, officers, directors, agents or partners of third parties or suppliers to you be borne by you for all damages, losses and causes of action arising from or related to this agreement or its use of the service, site or lockers will exceed the lesser of (a) the sum of the fair value of the item delivered to which the claim relates and the service fee paid by you in relation to the item delivered and (b) one hundred dollars of the USA ($150).
APPLICABLE LAW AND JURISDICTION
Any claim where the total amount of compensation requested by either party is less than five thousand United States dollars ($ 5,000) will be resolved through binding arbitration based on the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In such arbitration, the parties and AAA must comply with the following rules: (A) the arbitration will be conducted by telephone, online and / or will be based exclusively on written submissions, the specific manner will be chosen by the party initiating the arbitration; (B) the arbitration shall not involve the personal appearance of the parties or witnesses unless the parties agree otherwise; (C) the arbitrator can only grant a precautionary or declaratory measure in favor of the party requesting reparation and only to the extent necessary to grant compensation justified by the individual claim of that party; AND (D) any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from: (i) requesting remedies in the small claims court of the competent jurisdiction or (ii) requesting any other court or competent jurisdiction for injunctive or other relief.
You agree that all claims subject to arbitration must be made in your individual capacity and not as a plaintiff or class member in any class process or supported representative.
You and the company agree that any cause of action arising out of or related to this agreement or that the service or site must commence within one (1) year after it causes the cause of action. Otherwise, this cause of action is permanently prohibited.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflict of laws.
The Company makes no representation that the Service is accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so may be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.
The Company makes no representation that the package(s) the Customer is having mailed to them internationally are allowed in their Country and will not be rejected by customs. Prior to electing to have package(s) mailed to you internationally, YOU MUST VERIFY THAT THEY ARE ALLOWED. The Company will not be liable for any penalties or fees assessed for your package.
The Company may make modifications, deletions and / or additions to this Agreement ("Changes") at any time. The changes will become effective: (i) thirty (30) days after the Company communicates the changes, if such notification is sent to the email address associated with your account or otherwise; OR (ii) when you expressly opt-in or accept the Changes or a version of this Agreement that incorporates the Changes, whichever comes first.
Under this Agreement, you agree to receive electronic communications from the Company. You agree that any legal or equitable action arising out of or related to this Agreement or the Site or Lockers that is not subject to arbitration under Section 18 will be filed only in state or federal courts in Florida and you hereby consent and submits to the personal jurisdiction of such courts for the purpose of litigating any action.
The fact that neither party, at any time, requires compliance with any of the provisions of this Agreement shall not affect in any way the right of said party at a later time to enforce it. The waiver of any breach of any provision of this Agreement shall not be construed as a continued waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement is unlawful, void or for any reason not enforceable, that provision will be considered severable from this Agreement and will not affect the validity and enforceability of the remaining provisions. This Agreement and the rights and licenses granted under this Agreement may not be transferred or assigned by you, but the Company may assign them without any restriction. This is the entire agreement between us regarding the subject matter and will not be modified except in writing, signed by both parties, or by a change to this Agreement made by the Company as set forth in this document.
When you use certain features or materials on the Site, or participate in a particular promotion, event or contest through the Site, such use or participation may be subject to additional terms and conditions posted on the Site. These additional terms and conditions are incorporated into this Agreement and you agree to comply with such additional terms and conditions with respect to such use or participation.
For any additional information or complaints, please direct all correspondence to firstname.lastname@example.org
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.