THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF FEDEX.COM, INCLUDING FEDEX SHIP MANAGER® AT FEDEX.COM ("SHIP MANAGER"), FEDEX® GLOBAL TRADE MANAGER ("GTM"), FEDEX® MOBILE AND FEDEX® BILLING ONLINE. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW.
FEDEX MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF FEDEX.COM WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT FEDEX.COM GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH FEDEX.COM.
- Section 1. Definitions
Content: information, graphics, products, features, functionality, services, and links on fedex.com, including FedEx Ship Manager at fedex.com, Global Trade Manager, and FedEx Billing Online.
FedEx: FedEx Corporate Services, Incorporated, its parent and its parent's subsidiary companies.
You: Yourself and the entity that you represent.
- Section 2. Use of fedex.com
FedEx does not accept ideas, concepts, or techniques for new services or products through fedex.com. If such information is received, it will not be considered confidential and FedEx will be deemed free to use, communicate and exploit such information in any manner it chooses.
- Section 3. fedex.com Login Registration
You may choose to register on fedex.com to access interactive features on fedex.com. fedex.com Login provides you with access to FedEx Ship Manager at fedex.com, FedEx Ship Manager Lite, My FedEx, FedEx Global Trade Manager, FedEx Billing Online, FedEx Mobile and other online services. The availability of these services varies by country. In the future, FedEx may add other features that may be accessed through fedex.com Login. In such event, previously registered users will not be required to re-register.
By registering on fedex.com, You agree to provide accurate and current information about Yourself as prompted by the fedex.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.
Some fedex.com services are being made available to customers based in some countries and not others. You agree to register only for fedex.com services offered on the fedex.com website for the country in which your FedEx account is based. For example, if your FedEx account is based in United Kingdom, you will register for services offered on fedex.com/gb and not for services offered on fedex.com/us.
When you register using fedex.com Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify FedEx of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your fedex.com session at the end of each visit.
- Section 4. Changes to fedex.com
fedex.com and its Content, may be changed, deleted or updated at any time without notice.
- Section 5. Termination of Use
FedEx may discontinue, suspend or modify fedex.com at any time without notice, and FedEx may block, terminate or suspend Your and any user's access to fedex.com at any time for any reason in its sole discretion, even if access continues to be allowed to others.
- Section 6. Ownership
FedEx.com and its Content are protected by United States and international copyright, trademark and other laws. © 1995-2012 FedEx. All rights reserved.
Specifically, FedEx does not convey to anyone, through allowing access to fedex.com, any ownership rights in fedex.com or in any Content appearing on or made available through fedex.com. Customer may not copy, modify, translate, transmit, distribute, adapt, reproduce, decompile, reverse engineer or disassemble any part of fedex.com or its Content.
- Section 7. Disclaimer of Warranty
FEDEX.COM AND ITS CONTENT ARE PROVIDED "AS IS". FEDEX AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE FEDEX.COM AND ITS CONTENT.
FEDEX EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES REGARDING FEDEX.COM, SHIP MANAGER AND THE FUNCTIONING OF THE INTERNET WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FEDEX DOES NOT WARRANT THAT SHIP MANAGER WILL MEET ALL OF CUSTOMER'S REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN SHIP MANAGER WILL BE CORRECTED. FURTHERMORE, FEDEX DOES NOT WARRANT NOR MAKE ANY REPRESENTATION REGARDING THE RESULTS OF CUSTOMER'S USE OF SHIP MANAGER OR GLOBAL TRADE MANAGER IN TERMS OF CAPABILITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY FEDEX OR AN AUTHORIZED REPRESENTATIVE OF FEDEX SHALL CREATE A WARRANTY.
- Section 8. Limitation of Liability
USE OF FEDEX.COM AND ITS CONTENT IS AT YOUR SOLE RISK. FEDEX WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE FEDEX.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED FEDEX OF THE POSSIBILITY OF SUCH DAMAGES.
- Section 9. Indemnity
You agree to defend, indemnify and hold harmless FedEx, its parent and affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims (i) arising out of Your breach of any of these terms and conditions, and any of Your activities conducted in connection with this site.
- Section 10. FedEx Service Guide
The terms and conditions for using FedEx delivery and related services are contained in the most current version of the FedEx Service Guide, which is available by request. The most current version of the FedEx Service Guide will control in the event of any conflict between any FedEx delivery or related service information on fedex.com and the delivery or related service information contained in the most current version of the FedEx Service Guide.
- Section 11. Links to other web sites
There are links on the fedex.com site that allow You to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by FedEx. FedEx makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.
FedEx has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
- Section 13. Export
You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access fedex.com regarding access, use, export, re-export and import of any Content appearing on or available through fedex.com.
You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, you are not a Denied Party listed on the U.S. Denied Persons List, you are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.
- Section 14. Controlling Law and Severability
This Agreement and Your use of fedex.com is governed by and construed in accordance with the laws of the United States and the State of Tennessee, excluding its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible.
Any cause of action with respect to fedex.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Shelby County, Tennessee. This Agreement may not be changed or modified without the written consent of FedEx.
- Section 15. Terms of Carriage
(i) Customer agrees that domestic and international carriage by FedEx of any shipments tendered to FedEx using SHIP MANAGER shall be in accordance with the terms, conditions and limitations of liability set out on the NONNEGOTIABLE Air Waybill, Label, Manifest, or Pick-Up Record (collectively "Shipping Documentation") and as appropriate any transportation agreement between Customer and FedEx covering such shipment and in any applicable tariff, Service Guide or Standard Conditions of Carriage, copies of which are available upon request, and which are incorporated into this Agreement by reference. If there is a conflict between the Shipping Documentation and any such document then in effect or this Agreement, the transportation agreement, tariff, Service Guide, Standard Conditions of Carriage, or this Agreement will control, in that order of priority. If a shipment originates outside the United States, the contract of carriage is with the FedEx subsidiary, branch, or independent contractor who originally accepts the shipment. Your use of Global Trade Manager shall not alter Your responsibility for the preparation and accuracy of shipping documentation including import/export forms.
(ii) In the event Customer uses SHIP MANAGER to process shipments tendered to FedEx for delivery to locations outside the United States or country of shipment origin, Customer will, at Customer's sole expense, assure that the terms and conditions of international carriage supplied by FedEx from time to time (and which may be amended or modified from time to time at FedEx's sole discretion) are placed on the Shipping Documentation as may be instructed by FedEx, for all such international shipments. Customer will defend, indemnify and hold harmless FedEx, its officers, directors, employees and agents from and against any and all losses, damages, claims and other items of cost and expense arising out of Customer's failure to apply the international carriage terms to the Shipping Documentation for such international shipments, including without limitation claims from the recipient of any shipment, and Customer's failure to follow FedEx's instructions in regard to the placement of the terms on the Shipping Documentation for such international shipments.
(iii) Printed Signature. Customer acknowledges that if SHIP MANAGER is used to process shipments to locations outside the United States or country of shipment origin, Customer must enter the name of the person completing the Shipping Documentation to print in lieu of its manual signature on the Shipping Documentation, as applicable, for all shipments tendered by Customer to FedEx using SHIP MANAGER. Customer further acknowledges that such printed name shall be sufficient to constitute the Customer's signature, and Customer's acceptance of FedEx's terms and conditions of carriage contained in the applicable transportation agreement, tariff, Service Guide, Standard Conditions, or Shipping Documentation, under which the shipment is accepted by FedEx, or its independent contractor.
(iv) Unless otherwise indicated, the shipper's address indicated on the face of any Shipping Documentation is the place of execution and the place of departure and the recipient's address listed on the face of the Shipping Documentation is the place of destination. Unless otherwise indicated on the face of the Shipping Documentation the first carrier of all shipments is FedEx Express, P.O. Box 727, Memphis, TN 38194. The address for FedEx Ground is P.O. Box 108, Coraopolis, PA 15230.
- Section 16. FedEx ShipAlert(SM)
FedEx provides You with the opportunity, via SHIP MANAGER, to use FedEx ShipAlert to send a message to the recipient informing him/her of Your shipment. This feature is provided free of charge. FedEx may modify or terminate the use of FedEx ShipAlert at any time.
FedEx does not commit to keeping Your message private or confidential. By using FedEx ShipAlert You acknowledge that FedEx is providing the technical functionality only, and that You are solely responsible for the content of Your messages. FedEx undertakes no duty to monitor any messages sent by You. However, FedEx, in its sole discretion, may elect, but is not obligated, to look at Your messages to protect itself.
Do not use FedEx ShipAlert for anything other than to communicate information about Your shipment. You may not use FedEx ShipAlert to disseminate inflammatory, infringing, obscene, or other unlawful information, or to threaten, harass, abuse or otherwise violate the legal rights of others or perform any act contrary to law. If FedEx sees or hears about messages sent via FedEx ShipAlert that violate these provisions, or that may damage FedEx, it may take all actions necessary to protect itself, including disclosing any messages to the authorities.
It is not necessary to use FedEx ShipAlert to ship a package via SHIP MANAGER. FedEx will not be liable for any failure or delay, for any reason, in the transmission, receipt, or acknowledgment of any messages sent by or to You.
- Section 17. Address Book
Subject to the terms listed here, addresses will remain in Your Address Book as long as You use SHIP MANAGER. If You do not use SHIP MANAGER for a period of 6 months, FedEx will delete Your addresses.
However, FedEx will not delete Your SHIP MANAGER account. If You have any concerns, please email FedEx at firstname.lastname@example.org. The Address Book is a feature provided free of charge by FedEx. You should maintain a back-up copy of Your addresses as FedEx will not be responsible for the loss of addresses contained in the Address Book. FedEx may modify or terminate this feature at any time for any reason.
- Section 18. Courtesy Rate Quote
The courtesy rate reflected by the Courtesy Rate Quote on FedEx Ship Manager, if shown, may be different than the actual charges for Your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated.
- Section 19. H.M. Customs and Excise Forms
H.M. Customs and Excise forms. H.M. Customs and Excise Forms are subject to Crown copyright and are reproduced on Global Trade Manager under license from the Controller of Her Majesty's Stationery Office. Visitors to this site may reproduce and use these forms, but have no right to authorize third parties to use them.
- Section 20. FedEx Tracking Signature Proof of Delivery
- Section 21. FedEx Tracking Updates
22.1.1 This section applies to the Terms and Conditions in relation to the services provided in provided via supaswift.com including claims, shipment bookings, label printing, viewing statements, invoicing, viewing product information, viewing company information, viewing surcharge information, shipment tracking, pickup requests, viewing invoice information, viewing waybill activity reports and requesting rate quotations ("the Services").
22.1.2 Please note that you will be subject to either domestic or regional Conditions of Carriage or international Conditions of Carriage as per the provisions of the fedex.com webpage applicable in a specific territory.
22.1.3 Nothing in these Terms and Conditions is intended to or must be understood to unlawfully restrict, limit, avoid or conflict with any rights or obligations, as the case may be, created for you or FedEx in terms of any applicable consumer protection laws or any other applicable laws in your country of origin or origin of the Services.
YOU INDEMNIFY FEDEX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTIES, AGAINST ANY LOSSES, COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF YOUR USE OF FEDEX.COM AND SERVICES, INCLUDING ANY BREACH BY YOU OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, SAVE WHERE SUCH LOSS, DAMAGE OR DESTRUCTION IS DUE TO THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF FEDEX, OR ANY PERSON ACTING FOR OR ON BEHALF OF FEDEX.
22.3 Intellectual Property You are prohibited from using any content, trademarks and data on fedex.com, which includes but is not limited to software, designs and databases as protected by copyright ("Copyright Material"), without first obtaining the written consent of the owner of such Copyright Material. All Copyright Material on fedex.com is the property of FedEx or is licensed to FedEx and is protected from infringement by the country of origin of such Copy Material and international laws.
22.4 Changes to Terms and Conditions
Please note that any non-material terms in these Terms and Conditions are subject to change at any time without prior notification. FedEx will provide notification to you of any changes to the material terms of these Terms and Conditions. You are encouraged to review these Terms and Conditions at the inception of each session.