Terms of Service
Momodar Service (“The Business/Company”) provides Web site features to you subject to the following terms and conditions (“Terms of Service”). By signing up for the EZLabel.io service (“The Website”) or any of the services provided by The Company, you are agreeing to be bound by the following Terms of Service. Any new features or tools which are added to the Website shall be also subject to the Terms of Service. Momodar Service may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Service will mean you accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of the Company.
- Account Terms
- The Website is provided by Momodar Service and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.
- You must provide your full legal name (which will be used as the only sender or recipient name for all your shipments), current residential or business address, a valid email address, and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. Momodar Service cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Momodar Service service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
- A breach or violation of any of the Account Terms as determined in the sole discretion of Momodar Service will result in an immediate termination of your services.
- General Conditions
- You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
- You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
- You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another's computer.
- You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
- You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
- You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
- You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
- You may not provide, distribute or upload personal information of others without their express permission.
- You may not access or attempt to access the Website’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
- You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Website.
- You agree that Momodar Service has the right to use, reproduce, copy, modify, publish, distribute, perform and display information (in whole or part) that you post to publicly accessible areas of the Website or other platforms on a public basis.
- Any use in contravention of this provision or any provision of this Terms of Service is at your own risk and, if any part of this Terms of Service is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
- The failure of Momodar Service to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Momodar Service and govern your use of the Website, superseding any prior agreements between you and Momodar Service (including, but not limited to, any prior versions of the Terms of Service).
- Terms of Service
- You are considered as a member of EZLabel.io as soon as your account is verified. As a member of the Website, you deem Momodar Service as your shipping or forwarding agent, and you are provided with a mailing address with a unique Momodar Service mailbox number at the Website to which you can have your packages delivered. Your EZLabel.io address is to be used only for package consolidation purposes. You will not represent that your EZLabel.io address is an address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that your EZLabel.io address is the address of your place of business or residence.
- You can choose to pay your shipping by “pay as you go” or pay by the fund you deposit to your account. You agree to pay the difference after the final adjustment based on the bill from the carrier and the status of your account. You can request a refund for the remaining amount in your account any time. The fund will be credited to your bank account within ten business days after refund request is submitted.
- When you use your EZLabel.io as for shipping label printing purpose. For international parcels, you are supposed to send or drop the parcels at Momodar Service warehouse address: 43238 Christy St, Fremont, CA 94538 USA; for domestic parcels, you are supposed to drop at the corresponding carrier’s retail store. Momodar Service and EZLabel.io do not take responsibility for any missing or loss of your parcels.
- You can cancel your account with written notice (via email, fax or letter). Upon cancellation, you will receive a prorated refund on the unused portion of your available fund. Refunds will be processed within ten business days of cancellation.
- You should ensure that all the labels you printed, or all shipping items purchased from other merchants and delivered to Momodar Service warehouse, are marked with your complete and accurate address. All packages are delivered to Momodar Service warehouse with incomplete, incorrect, or old addresses that cannot be associated with your EZLabel.io account will be returned to the sender or discarded after 30 days. Your are allowed to store your packages in our facility for up to 30 days at no charge. Any package after 30 days will be charged USD $1 for per parcel per day. Any package after 150 days will be discarded without notice in advance. You forfeit all claims to items abandoned after the free storage period.
- You allow and understand that all your packages will be opened by representatives of Momodar Service or Carrier for consolidation purpose or security check. Prohibited or restricted merchandise is not storable and will be rejected, forfeited, destroyed, or provided to government officials.
- You authorize Momodar Service and EZLabel.io to charge your payment method for all services and/or account activity with EZLabel.io. Failure to provide payment for services rendered at the time of service may result in suspension of service, cancellation of membership, and involuntary return of the discarding of any remaining merchandise.
- Your packages will be sorted, packed, consolidated and shipped by your designated couriers available in EZLabel.io. Shipping cost are determined by the greater of the actual weight or the dimensional weight (Dim Weight or Volumetric Weight). You are responsible for all cost generated by your own shipments, including but not limited to overweight fee, oversize fee, pickup fee, customs duty and tax, etc.
- Insurance costs for shipments of merchandise is based on the insured value. All insured shipments receive up to USD $100 of insurance, which is included in the shipping costs. Each additional USD $100 of insured value costs USD $2. The insured value is subject to the terms and conditions of the particular carrier’s airway bill(s).
- Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentations are received by EZLabel.io. Failure to file a completed claim within the carrier time limit will invalidate the claim at your sole responsibility.
- Compliance with Laws
- You represent and warrant that all your activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which you reside, operate, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws").
- You are responsible for and warrants your compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which your shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. You agree and acknowledge that you shall purchase any and all merchandise from United States sellers under an ex-works agreement.
- You acknowledge that EZLabel.io will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the International Trade in Arms Regulations (ITAR) or that would require an export license under the Export Administration Regulations (EAR). You also acknowledge that EZLabel.io does not allow for the use of license exceptions under the EAR or exemptions under the ITAR.
- You agree to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party in Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by you. You agree to provide to Momodar Service all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”)) is required.
- You are responsible to confirm that prohibited items listed in a specific carrier’s Website are not shipped with the carrier’s label. You are responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. You also acknowledge that under such circumstances, Momodar Service will not reimburse you for the value of the merchandise.
- You are responsible to confirm that prohibited items listed in the EZLabel.io Compliance Policy are not sent to Momodar Service. The Company reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages.
- You represent and warrant that you will comply with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
- At no time shall you provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (a) a Person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations; (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (f) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.
- Agent Service
- As a Member, you grant EZLabel.io a “Limited” Power of Attorney to act as your agent for the following specific purposes: preparation of shipping documents; preparation of any Certificates of Origin; preparation of an EEI via AES and preparation of an airway bill or any other document required to export merchandise to Member. If an EEI (for which a $25 preparation charge will apply) is required for goods manufactured and originating within the United States, EZLabel.io will file the required export information on behalf of you as your agent pursuant to this section. If you or the USPPI fails to provide all of the information needed to accurately file an EEI, EZLabel.io will decline to process the merchandise for export. Under such circumstances, you are responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. You also acknowledge that under such circumstances, EZLabel.io will not reimburse you for the value of the merchandise.
- You acknowledge that you have a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against you by the U.S. government for making false or fraudulent statements with respect to this information.
- EZLabel.io assumes no responsibility to act as a record-keeper or record-keeping agent for either you or the USPPI. You are responsible to supply to EZLabel.io all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number (“ECCN”), Schedule B classification, and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR). You are also responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.
- Indemnification
- In no event shall Momodar Service or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Momodar Service partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- You acknowledge that the foregoing provisions are a material inducement for EZLabel.io to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
- Momodar Service does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Momodar Service does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Terms of Service will be corrected.