Terms of Service

Last Revised: [May 14, 2016]

Blue Whale Works, Inc. and its affiliates (“Company”, “we” or "us") welcome you to PkgRun, an shipping solution service available at https://www.pkgrun.com (hereinafter, “PkgRun” or "Service"), which offers automation shipping solution for business and individual (as these terms are defined in the Terms of Use). Each of pkgrun's users (“User” or “you”), is invited to use the service in accordance with the terms and conditions hereunder.

1. Acceptance of the Terms

"By logging to, connecting to, accessing or using pkgrun, you acknowledge that you have read and understood the following Terms of Use including the Privacy Policy terms (collectively, the "Terms") and you agree to be bound by them and to comply with all applicable laws and regulations regarding your conduct on PkgRun. IF YOU DO NOT AGREE TO ANY OF THE TERMS, DO NOT CONNECT TO, ACCESS OR USE PKGRUN IN ANY MANNER. The Terms may be revised and updated from time to time, with or without any notice. The Company shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. The Company urges you to check the Last Revised date which appears at the top of the Terms and to review the Terms from time to time. You can review the most current version of the Terms at any time at: https://www.pkgrun.com/terms-of-service/.

By surfing, logging or connecting to, accessing or using pkgrun, you acknowledge that the Terms constitute a binding and enforceable legal contract between the Company and any person connecting to, accessing or using PkgRun.

2. What is pkgrun?

PkgRun is an online service which offers shipping automation solution for both businesses and individuals. PkgRun is designed to enable Users to create shipping label either manually or automatically with our web client, mobile apps, or api.

3. Registration

By registering to the Service, you affirm that you are 18 years of age or older and that you accept the Terms. If you are under 18 years of age you may not use the Service on behalf of yourself or any other person or entity, and you must not provide PkgRun with any of your personal details.

4. Fees and Payments

As a registered User, you may pay for the service through multiple payment methods. As part of the billing process you will be asked to fill in some details information, such as home/business address, phone number, etc.

5. Privacy Policy

We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use PkgRun. Our policy and practices and the type of information collected are described in details in our Privacy Policy. If you intend to connect to, access or use PkgRun you must first read and agree to the Privacy Policy.

6. Minors

To enjoy the Service you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using PkgRun. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using pkgrun, we will prohibit and block such User from accessing PkgRun and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.

7. Use Restrictions

There are certain conducts which are strictly prohibited on PkgRun. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result in the termination of your access to PkgRun and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
  • use PkgRun for any illegal, unlawful or unauthorized purposes.
  • use PkgRun in any form of spam, unsolicited mail or similar conduct.
  • re-use shipping labels generated by PkgRun.
  • allow access to your account to anyone other than yourself, including, without limitation, any persons who are under the age of 18. You accept full responsibility for any unauthorized use of the Service on your behalf, including by minors.
  • impersonate any person or entity or provide false information on pkgrun, whether directly or indirectly; Falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company or any third party endorses you, your website, your business, or any statement you make, or present false or inaccurate information about PkgRun.
  • bypass any measures we may use to prevent or restrict access to PkgRun.
  • copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of PkgRun in any way.
  • create a browser, frame, border environment or GUI around PkgRun.

8. Intellectual Property Rights

PkgRun and the Intellectual Property rights pertaining thereto (other than User Generated Content), including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the "look and feel" of pkgrun), specifications, methods, procedures, algorithms, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered (collectively, "Intellectual Property"), are owned and/or licensed to the Company and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. Unless expressly permitted in the Terms, you may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to pkgrun's proprietary rights, including the Service's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of pkgrun, including copyright mark [©] or trademark [® or ™] contained in or accompanying the content included in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of pkgrun's marks and logos, whether registered or not.

9. Trademarks and Trade names

"PkgRun", PkgRun™, Company's marks and logo and all other proprietary identifiers used by the Company in connection with PkgRun (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on PkgRun belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.

10. Links to Third Party Websites

PkgRun may contain links to third party websites (“Third Party Sites”), whether such links have been suggested by the Company or shared by any. You hereby acknowledge that the Company has no control over such Third Party Sites, and you further acknowledge and agree that the Company is not responsible for the availability of Third Party Sites, and does not endorse and is not responsible or liable for any services, content, advertisements, products, or any materials available on such Third Party Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and privacy policy, governing the use of such sites. It is always a good idea to read such documents carefully before using those sites.

11. Advertisements

The Company may integrate commercials, advertisements and/or sponsored links, whether within or beside PkgRun. By clicking the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. All the information contained in such commercials and advertisements belongs solely to the advertisers and the Company makes no warranties or representations as to such advertisements, whether or not the Company has control over such advertisements. The Company, advertisers and/or third-parties related thereto may be entitled to certain shares of the earnings for such commercials. You agree, acknowledge and consent that no right, title or interest is or shall be granted to you in any way with respect to any revenue share whatsoever in relation thereto, whether as a paying User or not.

12. Availability

PkgRun's availability and functionality depends on various factors, such as communication networks, software, hardware and the Company's services' providers and contractors. The Company does not warrant or guarantee that PkgRun will operate at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

13. Changes to PkgRun

The Company may change PkgRun's layout and design from time to time, and the availability of the content and services included therein, without giving any prior notice on PkgRun. You hereby agree and acknowledge that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

14. Refund

For any un-shipped shipment, we provide free cancelling and full refund (except for USPS shipment). For shipments that have been fulfilled, all sales are final.

15. Indemnification

You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of pkgrun; (ii) your violation of any term of these Terms; (iii) your violation of any third party rights, including without limitation any intellectual property rights or privacy right of such third party; and (iv) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to PkgRun. It is hereby clarified that this defense and indemnification obligation will survive these Terms.

16. Amendments to the Terms

The Company may change the Terms from time to time, including the Privacy Policy or any other policies incorporated thereto. Substantial changes will be first notified at pkgrun's homepage. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect even immediately, or as required by the law and without any prior notice. You hereby agree and acknowledge to accept any and to be bound by any of the changes made in the Terms and the accompanying policies. Should you continue to use PkgRun after the changes were made, it will indicate your acceptance to the new Terms. You are recommended to review the Terms from time to time, as they may change every once in a while.

17. General

17.1. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchiser-franchisee relationship between the parties hereto.

17.2. Any claim relating to PkgRun or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.

17.3. If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.

17.4. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

17.5. These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.

For information, questions or notification of errors, please contact us at: support@pkgrun.com.