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1.1 Definition of Services. The Terms of Service establish the legally binding terms and conditions governing the access to and use of the ParcelPanel website(s), proprietary applications (including but not limited to order tracking, returns & exchanges for online stores), APIs, interfaces, integrations, and all related services that are owned, operated or provided by or on behalf of ParcelPanel (collectively the "Services").
1.2 Agreement to Terms. By using the Services, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). We reserve the right to update or alter the Terms of Service at any time with or without notice. You must read, agree to, and accept all of the terms and conditions contained in the Terms of Service and Privacy Policy (and any applicable data protection addendum). These Terms of Service, Privacy Policy, and any applicable DPA collectively form your agreement (the "Agreement") and govern your access to, and use of, the Services.
1.3 Definitions. As used in this Agreement:
The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
1.4 Binding Nature. Your access to and use of the Services is subject to legally binding terms and conditions. Please read all the following terms and conditions carefully before you proceed. Access to or use of the Services is tantamount to your signature, indicating that you accept and intend to be legally bound by the Terms of Service. If you do not agree to the Terms of Service, please do not use the Services.
1.5 Updates to Terms. ParcelPanel reserves the right to update and change the Terms of Service by posting updates and changes to the ParcelPanel website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
1.6 Non-Assignment. You may not assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement, without our prior written consent. Any purported assignment or delegation in violation of this paragraph is null and void.
2.1 Prohibited Activities. You agree NOT to use the Service (and it shall be a violation of the Terms of Service) to: (a) Upload or share any content in violation of any third party's intellectual property or other rights; (b) Upload any content that is harmful, hateful, harassing, threatening, or abusive; that would violate another's rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national, or international law; (c) Upload any content that exceeds the scope of your rights to use such content or which you do not have a right to upload from the content owner; (d) Post, upload, or make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (e) Interfere with any other user's right to privacy; (f) Impersonate any person or entity; (g) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (h) Violate any applicable local, state, national, or international laws; (i) Harass or "stalk" another individual; (j) Collect or store personal data about other users; or (k) Authorize, aid, or encourage anyone to do anything in violation of the Terms of Service.
2.2 Third-Party Content. In using the Services, you may access content that is uploaded by other users. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable. Uploaded content is the sole responsibility of the person who uploaded it. ParcelPanel does not make any representations or warranties about the accuracy, integrity, quality, or any other aspect of such content and disclaims all liability for such content for any loss or damage incurred as a result of the use of such content. By using the Services, you agree to bear all risks associated with the use of any content on the Services and any reliance on the accuracy, completeness, or usefulness of such content.
2.3 API Usage. You promise not to perform any malicious activities that have no connection with the order-tracking API services on the computer systems of ParcelPanel by accessing the API. You shall only use the API for its intended purposes and in accordance with any documentation or guidelines provided by ParcelPanel.
2.4 Account Responsibility. You are responsible for compliance with the provisions of the Terms of Service by Agents and End-Users and for any and all activities that occur under your Account, as well as for your Data. Without limiting the foregoing, you are solely responsible for ensuring that use of the Services to store and transmit your Data is compliant with all applicable laws and regulations.
2.5 Content Moderation. ParcelPanel does not pre-screen, edit, or review all content made publicly available through the Services. ParcelPanel has the right (but not the obligation) in its sole discretion, to remove, move, change from public to private, or otherwise restrict any uploaded content at any time, with or without notice.
3.1 Technical Requirements. To access and use the Applications, you are responsible, at your own expense, for obtaining internet access and any applicable hardware and software required.
3.2 Order Tracking Application
3.2.1 Core Functionality. The Order Tracking Application provides order tracking services on a Merchant's website tracking page, which is added to the Merchant's website menu after the Merchant has installed the ParcelPanel Order Tracking Application.
3.2.2 Tracking Information Collection. The Order Tracking Application collects and provides tracking information from Carriers. When the tracking page is integrated into a Merchant's existing website, End-Users can check the most recent shipment updates about their orders by searching with a Tracking Number or a combination of Order ID and email address or telephone number.
3.2.3 Additional Order Tracking Services. The Order Tracking Application also provides additional services, including but not limited to: (a) Email notifications about shipment updates; (b) Tracking information translation service; (c) "Hide Chinese origin" feature for dropshippers; (d) Automatic order status updates; and (e) Shipping protection services.
3.2.4 Tracking Implementation. For the Order Tracking Application to provide tracking services, the Merchant must assign the Tracking Number provided by a Carrier to an order. After the Tracking Number is assigned, End-Users receive an email containing their Tracking Number, which can be used to track their order on the Merchant's tracking page.
3.3 Returns & Exchanges Application
3.3.1 Core Functionality. The Returns & Exchanges Application provides return and exchange management services, enabling Merchants to offer self-service returns and exchanges to their End-Users.
3.3.2 Returns Process. The Returns & Exchanges Application allows End-Users to submit Return Requests and generate return labels through the Merchant's website.
3.3.3 Additional Return & Exchange Services. The Returns & Exchanges Application also provides additional services, including but not limited to: (a) Customizable return policies; (b) Automated return request approval; (c) Return status notifications; and (d) Recommendations for exchange.
3.4 Resource Usage. Tracking Resources usage is related to unique Tracking Numbers in fulfilled orders. Each unique Tracking Number that is assigned to an order and requested to provide shipment information from a Carrier uses Tracking Plan resources. End-Users can search an unlimited number of times for information updates about the same order and receive an unlimited number of notification emails about order status changes without incurring additional costs to the Merchant.
3.5 Modification and Discontinuation Rights. ParcelPanel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the operation, support, or service of any Application, with or without notice. ParcelPanel shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of any Application.
4.1 ParcelPanel Content Ownership. All materials displayed or otherwise accessible on or through the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and source code (collectively, "ParcelPanel Content") are protected by copyright, trademarks, and other applicable intellectual property rights pursuant to copyright laws, international conventions, and other intellectual property laws. ParcelPanel either owns the intellectual property rights, including copyright, or has acquired the necessary rights or licenses, to the ParcelPanel Content. The compilation and arrangement of all content included in or made available through the Services is the exclusive property of ParcelPanel and is protected by copyright laws.
4.2 Limited License to Use Services. Subject to the terms and conditions of this Agreement, you are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Services solely for the purposes permitted under the Terms of Service. This license is conditional upon your compliance with the Terms of Service and does not include any right to: (a) Copy, reproduce, modify, adapt, translate, or create derivative works based on the Services or ParcelPanel Content; (b) Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying ideas or algorithms of the Services; (c) Rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or ParcelPanel Content to any third party; (d) Remove, obscure, or alter any proprietary notices or labels on the ParcelPanel Content or within the Services; or (e) Use the Services or ParcelPanel Content in any manner that infringes, misappropriates, or violates any rights of ParcelPanel or any third party.
4.3 License Limitations. The rights granted herein are subject to your compliance with the Terms of Service. You hereby acknowledge that no title or ownership in the Services or ParcelPanel Content is being transferred or assigned to you, and the Terms of Service are not to be construed as a sale of any rights in the Services or ParcelPanel Content.
4.4 User Content. You retain all intellectual property rights to any data, information, materials, or content that you upload, submit, or otherwise make available through the Services ("User Content"), subject to the licenses granted to ParcelPanel in the Terms of Service. By uploading, submitting, or otherwise making available any User Content through the Services, you grant to ParcelPanel a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with providing, operating, and improving the Services.
4.5 Feedback. If you provide ParcelPanel with any suggestions, comments, or other feedback regarding the Services ("Feedback"), you hereby assign to ParcelPanel all rights in the Feedback and agree that ParcelPanel shall have the right to use such Feedback in any manner and for any purpose without any restriction or obligation to you.
5.1 Payment Authorization. Unless otherwise indicated, the sale is finalized when you purchase the Services. When you make a payment, you confirm that you are entitled to use the payment method that you have selected and that you have sufficient funds or credit to make the payment.
5.2 Taxes and Fees. All payments to ParcelPanel do not include applicable sales, goods, and services, harmonized, value-added, or any other taxes or governmental fees, which may be charged by relevant authorities. Such taxes and/or fees will be added to the total amount you are required to pay and billed to your method of payment. Payment of these taxes and/or fees will be your sole responsibility.
5.3 Chargebacks. You agree to indemnify and hold harmless ParcelPanel and its officers, directors, subsidiaries, affiliates, employees, representatives, agents, licensors and their respective successors and assigns, against any chargeback costs (plus any taxes or related fees) which ParcelPanel is required to pay, as a result of a payment dispute with you or in relation to a payment you have made for the Services.
5.4 Billing and Payment Terms. In most cases, you will be billed in advance of your payment period, typically monthly. In some cases, such as for excess usage beyond your subscription plan limits ("Overages"), you may be billed in the month after the Overages are incurred. You must make all payments, without any setoff or deduction for any reason, within fifteen (15) days of the date of your invoice in a manner determined by ParcelPanel in its sole discretion. For payments made by credit card, you hereby authorize ParcelPanel to charge your credit card on your invoice date until this Agreement is terminated. All payments are made payable in USD (United States Dollars).
Either Party may terminate this Agreement for breach if: (a) the other Party is in material breach of the Agreement and fails to cure such breach within thirty (30) days after receipt of written notice specifying the breach (except for breaches incapable of cure, which may result in immediate termination); or (b) the other Party ceases business operations or becomes subject to insolvency proceedings that are not dismissed within sixty (60) days.
Additionally, ParcelPanel may suspend or terminate your access to the Service, in whole or in part, if required by applicable law or regulatory authority, or if ParcelPanel discontinues the Service for legitimate business reasons with reasonable notice to you.
Notwithstanding the above, ParcelPanel may terminate access immediately without prior notice in cases of fraudulent use of the Service, violation of third-party intellectual property rights, or actions that threaten system security or integrity.
7.1 Service Order Status. Upon termination of a Service Order (except pursuant to Section 7), any other active Service Orders will remain in effect for their current terms unless otherwise specified.
7.2 Post-Termination Obligations. Upon termination: (a) your access to the Service will immediately cease; (b) all unpaid fees become immediately due; (c) both parties will return or destroy all Confidential Information of the other party, except archived communications.
7.3 Data Handling. Upon termination: (a) you may request export of your data within 14 days in a standard, structured format; (b) After this period, ParcelPanel may delete your data while retaining only what is necessary to comply with legal obligations; (c) ParcelPanel will process any retained data in accordance with its Privacy Policy and applicable data protection laws.
7.4 Survival. Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive termination.
You expressly agree to use the Site at your own risk. Neither ParcelPanel nor its subsidiaries or affiliates warrant that use of the Site will be uninterrupted, safe, virus-free, or error-free, nor that (a) the content on the Website is always accurate, complete, or error-free; (b) personal injury or property damage caused by your access to or use of the Services; (c) unauthorized access to or use of ParcelPanel's servers or any personal or financial information; (d) any interruption to or from the Service; (e) any computer viruses or malicious code that may be spread on or through the Service; Or (f) loss or damage of any kind arising from the use of any function or content posted, e-mailed, transmitted, or otherwise provided on or through the Services.
As permitted by applicable law, ParcelPanel hereby disclaims any and all representations, warranties and conditions, whether express, implied, or statutory site or the content of operation, the user content or other information contained in the website or other available programs access or through the site, including but not limited to, ownership, not tort, do not interference, marketability, fit and suitable for some A particular purpose and a warranty implied from the performance or transaction.
ParcelPanel is a third-party order tracking and returns & exchanges solution provider. When you request ParcelPanel's services, you authorize ParcelPanel to obtain the logistics information of the tracking numbers you own.
9.1 Exclusion of Damages. EXCEPT FOR BREACH OF CONFIDENTIALITY, FRAUD, WILLFUL MISCONDUCT, OR INTELLECTUAL PROPERTY RIGHTS VIOLATIONS, NEITHER PARCELPANEL NOR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF PARCELPANEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Total Liability. IN NO EVENT WILL PARCELPANEL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNTS you HAVE PAID TO PARCELPANEL FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS PRECEDING THE CLAIM.
9.3 Basis of the Bargain. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN you AND PARCELPANEL AND WILL APPLY EVEN IF REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
9.4 Specific Limitations. The limitations in this Section 9 apply to any claims arising from: (a) your access, use, or inability to access or use the Services; (b) any conduct or content of any third party on the Services, including but not limited to any defamatory, offensive or illegal conduct by other users or third parties; (c) any content obtained from the Services; or (d) unauthorized access to, use or alteration of your transmission or content.
10.1 Indemnification by ParcelPanel. Subject to Section 10.2, ParcelPanel will defend, indemnify and hold harmless Merchant from and against any damages and liabilities (including court costs and reasonable attorneys' fees) awarded in a final judgment against Merchant, and amounts agreed to in settlement, to the extent arising from a third-party claim alleging that Merchant's use of the Services infringes intellectual property rights. If ParcelPanel believes the Services may infringe, it may at its option: (a) modify them to be non-infringing; (b) procure rights for continued use; or (c) terminate this Agreement and refund prepaid fees for the unexpired portion.
10.2 Exclusions. ParcelPanel's obligations under Section 10.1 don't apply to claims arising from: (a) Merchant's breach, negligence, or fraud; (b) Merchant Materials or Sites; (c) failure to use updates provided by ParcelPanel; (d) modifications by anyone other than ParcelPanel; or (e) combinations with materials not provided by ParcelPanel.
10.3 Indemnification by Merchant. Merchant will defend and indemnify ParcelPanel and its subsidiaries, affiliates, officers, agents, partners, representatives and employees against claims that: (a) Merchant Materials infringe third-party rights or violate laws; (b) arise from Merchant's improper use of the Services; (c) relate to Merchant's products or services; (d) involve a breach of the Terms of Service; or (e) result from Merchant's negligence, willful misconduct, or fraud.
10.4 Indemnification Procedures. The indemnified party will promptly notify the indemnifying party of claims (allowing sufficient time to respond). The indemnifying party will have exclusive control over defense and settlement, with the indemnified party providing reasonable cooperation at the indemnifying party's expense. The indemnified party may participate in the defense at its own expense.
11.1 Assignment. Neither Party may assign any of its rights or obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, either Party may, without the consent of the other Party, assign this Agreement to an entity merging with, consolidating with, or purchasing substantially all its assets or stock, provided that the assignee will assume all rights and obligations under this Agreement. Any unauthorized assignment will be null and void and constitute a breach of this Agreement.
11.2 Entire Agreement. This Agreement, together with its exhibits and any Service Orders, constitutes the entire agreement between the Parties and supersedes all previous agreements, oral or written, with respect to the subject matter of this Agreement. This Agreement may only be modified in writing signed by both Parties.
11.3 Export Regulation. You agree to comply with all applicable export laws and regulations to ensure that neither the Platform, or the Services, nor any direct product thereof, are: (a) exported or re-exported directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export laws.
11.4 Force Majeure. ParcelPanel shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) labor strikes; (d) error or disruption to major computer hardware or networks or software failures; or (e) other causes beyond the reasonable control of ParcelPanel.
11.5 Relationship Between the Parties. The relationship between you and ParcelPanel is that of independent contractors. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between the Parties. Neither Party has authority to bind the other or incur obligations on the other's behalf.
11.6 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
11.7 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
This website is controlled and managed by ParcelPanel and is subject to the laws and regulations of the People's Republic of China. Any disputes caused by the TOS or services provided by ParcelPanel shall be appealed to the court where the company is located.
We may revise these Terms from time to time without prior notice. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. ParcelPanel's failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and ParcelPanel, which is owned by ParcelPanel. If you have any questions about these Terms, please contact us at [email protected].