TERMS OF SERVICE
NTIT Solutions, LLC (the “Company“) owns the GoLocker service (the “Service“) last mile delivery service, between the end courier and the customer. The terms in this agreement (“Agreement“) apply to you by using our Service and Site.
If you click “accept,” you agree to all the terms and conditions in this Agreement. When you click “accept,” this creates a legally binding contract between you and the Company. If you disagree with any of the provisions of this Agreement, then do not press “Accept,” in which case you may not use the Service. The user of our service is prohibited to users under the age of 18.
1. GoLocker Service.
When you register for the Service on the Site or at one of our kiosks, you will have the option to reserve a locker. When you select to ship an item to your assigned locker, the item will be first sent to our warehouse and rerouted to your reserved locker compartment. You will be notified immediately when we receive your parcels and when they are place in your locker compartment. The notification will contain a pin and a barcode number, which can be used to open the reserved locker compartment. The pin number can only be used once to open the locker station. Parcels must be retrieved from the locker station within the time frame designated by your service plan or you will incur additional charges.
Certain parcel weight and size restrictions may apply depending on your reserved locker and for a list of prohibited items see sections 3.
You represent, warrant and covenant that, in connection with the Service and this Agreement, you will not and will not attempt to: (i) violate any laws, third party rights or our policies; (ii) purchase, receive, or otherwise deal in or dispose of illegal items or items that encourage illegal activities, controlled substances (such as marijuana and cocaine), offensive materials, stocks or other securities, firearms, weapons, explosives, hazardous materials, any item that may reasonably cause damage to a Locker, alcohol, tobacco products, items that have unusually strong odors, animals, plants, fertilizer, seeds, or any other items or categories of items which the Company may restrict from time to time upon notice to you (including notice placed on the Site); (iii) re-join or attempt to use the Service if the Company has banned or suspended you; (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 referred to the authorities.
3. Prohibited Items.
Prohibited items may be rejected and returned to the sender immediately at your cost. If the subscriber is uncertain as to whether an item is prohibited, the subscriber must contact us at email@example.com before sending the items to your reserved locker station. If any charges are incurred as a result of intercepting prohibited items, company may charge the subscriber for such reasonably related expenses as may seem necessary.
The following items are strictly prohibited by GoLocker:
- Dangerous and Hazardous products. The shipment of products which may endanger human or animal life, or which may taint or otherwise damage other goods being transported. Moreover, shipment of products, which may be toxic, radioactive and flammable, and as defined by applicable law.
- Recalled products. Items subject to a recall by the manufacturer or any governmental agency.
- Free items. Items that are otherwise available for free. We also don’t allow the shipment of government forms that are available for free or for a lower price from official bodies or the government.
- Spam techniques. Products used to enable bulk marketing, including sending unsolicited mail or email messages, or otherwise enabling 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 concert or sports tickets and airplane or train tickets. We allow the shipment of items, which display an expiration date in order to comply with local health and safety regulations. For example, alimentary products are allowed according to this policy.
- User safety. Products associated with deceptive business models and misleading claims including multi-level marketing programs, matrix, pyramid, Ponzi schemes and wealth creation programs.
- Abortion. Abortion-related content that uses violent language or gruesome imagery.
- Alcohol. The shipment of alcohol, including hard alcohol or liquor, beer, wine, champagne, alcohol branded products, beer or wine of the month clubs, and alcohol or beer making kits.
- Adult sexual services. Content related to pornography, nudity, graphic sexual language or escort services. GoLocker does allow adult content related to sexual enhancers, aids or devices and erotic lingerie. This content must be promoted without pornographic content or nudity in order to be acceptable.
- Verification requirements. Items restricted to specific ages or requiring proof of ID upon purchase.
- Casinos and gambling. Gambling-related products, including promotional products such as gambling-related vouchers, bonus codes, etc. Lotteries tickets such as non-national or state lotteries, or national or state lottery affiliates or aggregators. Physical lottery scratch cards.
- Endangered species. Products obtained from endangered or threatened species including elephant ivory, shark, tiger, whale or dolphin products and staghorn or elkhorn coral.
- Fake documents. Fake documents including fake ids, government documents, diplomas and doctor notes.
- Fireworks. Fireworks and pyrotechnic devices.
- Financial 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 medicines. Certain pharmaceuticals and supplements, irrespective of any claims of legality. For example, dietary or herbal supplements containing active pharmaceutical ingredients that make false or misleading health claims etc.
- Behind-the-counter (BTC) products. Behind-the-counter medications do not require a prescription but require discussion with a pharmacist prior to purchase. Examples of BTC products may include medicines containing pseudoephedrine and emergency contraceptives, and may differ by region.
- Human remains and body parts. Body parts or human remains in any form including organs, bones and any bodily fluids.
- Illegal drugs. Illegal drugs, legal or synthetic highs, herbal drugs, chemicals and compounds with psychoactive effects, drug paraphernalia, or aids to pass drug tests. Our policy on drugs covers products that are illegal, as well as some products that may be legal in some countries.
- Illegal hacking. Content promoting hacking by providing instructions or equipment to illegally access or tamper with software, servers, cell phones, or websites.
- Illegal products. Products or products enabling illegal acts. All products being shipped must clearly comply with all applicable laws and regulations. Whenever there’s a question of whether compliance is clear, GoLocker may choose to err on the side of conservative interpretation and have additional restrictions. We aren’t interested in shipping products of questionable legality.
- Live animals and plants. Live animals and plants.
- Precious materials. Rare, scarce or valuable metals or stones.
- Size restrictions. Packages exceeding our determined size requirements. Packages must not exceed 45 lbs (including all packaging) in weight and 17 x 15.4 x 23.5 (H x W x D) ? inches in any of height, width, or depth.
- Sensitive transport restrictions. Products sensitive to our transport conditions, which require a licence or permission to transport, or with which special precautions must be taken in relation to loading or unloading.
- Stolen property and lock picking devices. Stolen property and lock picking devices. This also includes products where the serial number has been removed or altered.
- Trade sanctions. Content that would violate applicable government trade sanctions.
- Traffic devices. Products that are designed to interfere with the enforcement of traffic laws. While radar detectors are allowed in most countries, radar jammers and other law evading products aren’t allowed.
- Tobacco products. Tobacco or tobacco-related products including cigarettes, cigars, tobacco pipes, rolling papers, electronic cigarettes, and e-cigarette cartridges.
- Underage or non-consensual sex acts. Child sexual abuse imagery, underage-themed pornography, non-consensual sex acts, or illegal sex acts. Please note that we don’t allow this content even if it complies with government regulations.
- Weapons. Weapons or devices designed to cause serious harm or injury. For example, guns, gun parts or hardware, ammunition, bombs, knives, throwing stars, and brass knuckles.
- Wholesale currency. Discount currencies, currency exchange or currency trading.
- Copyright. Copyrighted material unless the merchant has consent from the copyright holder, or as it’s otherwise permitted by law. For example, unauthorized or “bootleg” copies of media, software, or other licensed or protected material. Mod chips or other devices designed to circumvent copyright protection are also prohibited.
- Counterfeit. Counterfeit goods that contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another and mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.
- Academic aids. Academic aids that provide an unfair academic advantage. This includes getting actual test questions in advance, turning in a paper someone else has written as your own original work, or test taking services (where someone will take an exam for you).
- Anti and Violence. Anti or violent concepts, such as content advocating against an organization, person, or group of people; content 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 revise history against the interests of a protected group; The promotion of self-harm and violence against people or animals;
- Content associated with criminals or a criminal act. Products enabling self-harm or violence against people or animals and content associated with criminals or a criminal act.
- Sensitive issues. Content attempting to capitalize on sensitive issues. Sensitive issues are usually identified in response to exceptional global events that can’t be predicted, like natural disasters or political uprisings, and therefore aren’t outlined on this page.
4. Problems with Lockers.
You should contact firstname.lastname@example.org if you are experiencing any issues with our Service and/or Site.
5. Service Fee.
We charge a fee (the “Service Fee“) for the use of our services. The fees associated with our services are described in detail on the Site. We reserve the right to modify the fees so long as we provide you with notice about the changes to our fee schedule. Any modifications to our service fee, will not apply to parcels already in progress. The Service Fees are non-refundable unless we have made prior arrangements with you or if otherwise expressly described in this agreement. Payments of Service Fee’s can only be made in U.S. dollars.
6. Oversized Packages.
If the Company receives a package that does not comply with the applicable size and weight limits set forth on the Site, the Company reserves the right, in its sole discretion, to take any of the following actions: (i) reject delivery of the package; (ii) accept delivery of the package and require you to pick it up from the Company delivery address or another location specified by the Company instead of the applicable Locker; (iii) deliver the package to you at your home or business location at your expense.
7. Payments and processing.
A valid credit card or debit card is necessary when you create your account on our Site and it is your responsibility to ensure the accuracy of the information submitted on the Site, including the cardholder name, card number expiration date and CVV code. By entering and submitting the information on the Site, you certify that any and all of the information you provide is accurate and complete. Moreover, you certify that you have the lawful right to provide such information so that we can process your 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. You acknowledge that the payment information you provide shall be stored by or on behalf of the Company for purposes of processing all payments due hereunder. The Company may use a third party payment processing service provider to accomplish some or all of the foregoing, and you hereby consent to such use.
8. Abandoned Packages.
Packages must be picked up within a certain timeframe, which is measured from the date on which you receive notification that your package is ready for pick up. The time constraints are described to you in more detail when you first sign up and are also listed on the Company’s website. Unlimited customers are usually required to pick up their packages within seventy-two (72) hours, while all other customers must pick up within forty-eight (48) hours. However, the Company reserves the right, in its sole discretion, to change all times and prices. After the time period for pick up has expired, the Company will remove all items from the locker, and you may contact the Company during the following twelve (12) days to advise on what the Company shall do with the package. The Company may redeliver the package to the locker upon your request at no additional charge, unless the Company has already returned it to the sender. If you fail to contact the Company during these twelve (12) days, the Company may take any of the following actions: (i) return the package to the sender, at your expense; (ii) remove the package from the Locker and require you to pick it up from the Company delivery address or another location specified by the Company; (iii) deliver the package to you at your home or business location at your expense; or (iv) charge you the Company’s then-applicable storage fee, as set forth on the Site.
The lockers are generally placed in publicly accessible locations for your convenience. You acknowledge that with this convenience comes increased risk of theft or other loss or damage to items placed in the Lockers and hereby assume such risk. The Company cannot and does not guarantee that Lockers or items deposited in Lockers will not be subject to theft, fire, water damage, inclement weather, vandalism or loss or damage generally, and you agree that the Company shall have no liability to you for any of the foregoing except to the extent caused by the gross negligence or willful misconduct of the Company. You are solely responsible for ensuring the confidentiality of a PIN issued to you, and you agree that the Company is entitled to deem a package retrieved through use of a PIN issued to you as being retrieved by you and shall not be liable to you for any unauthorized use of your PIN not directly caused by the Company. Your exclusive remedy, and the Company’s sole liability, with respect to the loss of or damage to any item while in the Company’s possession or in a locker shall not exceed the lesser of (a) the sum of the reasonable value of the delivered item to which the claim relates and the service fee paid by you in relation to such delivered item and (b) one hundred U.S. dollars ($100), subject to your provision of reasonable information requested by Company regarding the nature of such item and the price paid for such item, and a refund of any Service Fee paid in connection with such item.
10. Videotaping devices and footage.
For security purposes, our locker stations may be equipped with camera recording devices. Company owns all rights to the footage obtained from such recording devices. In the event of an incident, you may request the footage by following the necessary procedures through your local authorities or by a court order. Additionally, by using our service and site, you consent to the videotaping of any and all activity occurring in the locker stations.
11. Third Party Sites.
The Site may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products, or services made available through them, or your use of or interaction with them.
12. Ownership; Proprietary Rights.
As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service, Site, lockers, the software and technology used by the Company to provide Service, Site and Locker features and functionality and all usage 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 from, or otherwise make any unauthorized use of the Company Materials.
13. The Site.
By using our services you agree not to use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree not to scrape or otherwise use automated means to access or gather information from the Site, and agree not to bypass any robot exclusion headers we may put into place. In addition, you 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 which we reasonably believe is false or misleading.
14. Additional Terms.
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. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
15. Non-Disparagement Clause.
For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about the use of our site or services on any website, social media, or in person. By using our services you agree to refrain from engaging in disparaging conduct. Furthermore, you agree that in the event you engage in disparaging conduct, as defined herein, Company shall have the right to terminate this agreement and cancel your services without any reimbursement to you. In addition to the cancellation of services, the breach of this provision may entitle Company to recover liquidated damages in the amount of ten thousand U.S. dollars ($10,000). The liquidated damages clause herein is intended to cover reputational and other losses suffered by the Company, which are inherently difficult to quantify. The liquidated damages is not a penalty but a reasonable measurement of the loss of reputation and other losses Company may suffer in the event of disparaging 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 terminating your account through the Site. The termination of your account will suspend your account indefinitely. In order to comply with state laws some personal information may be retained upon the termination of your account. You further 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 in its sole discretion and at any time discontinue providing the Service or Site, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2 and 5 through 20 will survive any termination of this Agreement.
17. Disclaimers; No Warranties.
THE SERVICE, SITE, LOCKERS AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THEM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE, SITE OR LOCKERS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES 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 FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold the Company, its affiliated companies and the proprietors of establishments in which Lockers are located, and each of the officers, directors and employees of any of the foregoing, harmless from and against any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees (any of the foregoing, a (“Claim“), that any of them may incur arising out of or relating 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 the Claim arises directly out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
19. Limitation of Liability and Damages.
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 SHALL HAVE NO LIABILITY TO YOU IN CONNECTION THEREWITH, INCLUDING FOR ANY DAMAGE TO A PACKAGE OCCURRING PRIOR TO ITS RECEIPT BY THE COMPANY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, SITE OR LOCKERS, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY AND ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, SITE OR LOCKERS EXCEED THE LESSER OF (A) THE SUM OF THE REASONABLE VALUE OF THE DELIVERED ITEM TO WHICH THE CLAIM RELATES AND THE SERVICE FEE PAID BY YOU IN RELATION TO SUCH DELIVERED ITEM AND (B) ONE HUNDRED U.S. DOLLARS ($100).
Any claim where the total amount of the award sought by either party is less than five thousand U.S. dollars ($5,000) shall be resolved via binding non-appearance-based arbitration initiated through 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 any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Agreement shall prevent either party from: (i) seeking remedies in small claims court of competent jurisdiction or (ii) applying to any court or competent jurisdiction for injunctive or other equitable relief.
21. Class Action Waiver.
YOU AGREE THAT ANY CLAIMS SUBJECT TO ARBITRATION UNDER SECTION 18 MUST BE MADE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
22. Waiver of Claims.
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE OR SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Company may make modifications, deletions and/or additions to this Agreement (“Changes“) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. 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 conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site or Lockers that is not subject to arbitration under Section 18 shall be filed only in the state or federal courts in Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
24. More Information; Complaints.
For any additional information or complaints, please direct all correspondence to email@example.com.