Please read these terms and conditions carefully as they contain important information regarding your legal rights, remedies and obligations. The terms of service include various limitations regarding your legal rights, remedies and obligations to comply with applicable laws and regulations.
Welcome to Fillupmyluggage.com, a Web site ("Site", "Services") operated by Fill Up my Luggage. This Site provides an online platform that connects people who want to send goods with travelers who are willing to ship goods (collectively, the “Services”).
The site and application should be used as a marketplace or community where travelers (Travelers; defined below) who are willing to ship goods/packages can meet people (Shippers; defined below) who want to send goods/packages. You understand and agree that FillUp is not a party to any agreements entered into between Travelers and Shippers, nor is FillUp an agent or insurer. FillUp has no control over the conduct of Travelers, Shippers and other users of the site and application. FillUp cannot and does not control the content contained in any of the postings and is not responsible for and disclaims any and all liability in this regard to the maximum extent permitted by law. Accordingly any agreements entered into will be made at the user's own risk.
In this Agreement the following terms have the following meanings unless the context requires otherwise:
“FillUp” means Fill Up My Luggage
"We, Us, Our" means FillUp;
"You, Your, Yourself" means the person who uses this Site, registers for the Services, accepts the terms and conditions of this Agreement and whose application for membership of the Service is accepted by us.
"Shipper", “Luggage Shipper”, “people who want to purchase/ send goods”, “ good-sender”, means a Member who creates a Listing or contacts a Traveler via the Site, Application and Services or contacts one or multiple Travelers. A Shipper is interested in requesting items for delivery and if applicable pays for the services provided by the Traveler to the Traveler . The Shipper may be an individual, a business or a not-for-profit organization.
"Traveler", means a Member who creates a Listing via the Site, Application and Services or contacts one or multiple Shippers. A Traveler may be an individual, a business or a not-for-profit organization who is willing to ship items when traveling to a particular destination, potentially in exchange for money.
“Member” means a person who completes the FillUp account registration process, including but not limited to Traveler and Shippers, as described under “Account Registration” below.
“Listing” means a request or an advertisement that is listed by a Traveler or a Shipper via the Site, Application, and Services.
“Travel”, “traveling”, “traveler” means Act of traversing through a geographic region or moving from one place to another. Traveling may be a business trip or any other trip conducted by means of plane, car or any other transportation.
“Crowd Shipping deal” means an agreed commitment between the Traveler and the Shipper about shipping and delivering goods to a particular destination, potentially in exchange for money.
You must become a member to use the Services and Application or create a Listing. You become a member when you create a User Account and agrees to provide any personal information requested by FillUp. You may register to join the Services directly via the Site or Application
Members agree and accept that all of the information they provide to FillUp setting up their User Account and at any other time will be true, complete and accurate in all respects and to update such information to keep it accurate, current and complete. FillUp will not be liable to any Member in the event that any information provided by a Member (including for the avoidance of doubt another Member) which is incomplete, inaccurate, misleading or fraudulent.
FillUp reserves the right to suspend or terminate your User Account and your access to the Site, Application and Services if you create more than one (1) User Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. No User Account may be created on behalf of or in order to impersonate another person. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify FillUp of any unauthorized use of your FillUp Account.
Minors may not use services
You must be at least 18 years old to use the Services. By registering to use our Services, you represent and affirm that you are over 18.
Our Services do not include the introduction of users to one another. Our Site is merely a venue for users to connect with each other and arrange deliveries. As a result, we have no control over, or responsibility for, the contact between users, the conduct of our users, or the truth or accuracy of the information that users post on the Site.
Currently we do not provide identity Verification. We cannot and do not confirm any user's purported/claimed identity. Our services provide an internal messaging and reviewing system intended to help you to verify an users identity, but you are solely responsible for using other means to determine the identity and suitability of those with whom you connect. We do not endorse any persons who use or register for our Services. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information such user may submit to the Site. Also, because our reference system is generated by users, we can make no representation whatsoever about the validity, accuracy, or adequacy of the system and do not independently verify or assess the "feedback". We advise you to communicate directly with (and independently evaluate) potential Traveler and Shipper through the instruments available on the Site.
You are solely responsible for your interactions with other users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other users of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other users of our Services, and to take any other action in good faith to restrict access to, or the availability of, any material that we or another user of our Services may consider obscene, lewd, lascivious, filthy, violent, harassing, discriminatory or otherwise objectionable.
Release. Because we view our Site as merely a venue, we take no responsibility whatsoever in the event that you have a dispute with one or more users. In any event and regardless of the characterization of our Site, you release us (and our officers, directors, stockholders, employees, independent contractors, agents, advisers and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Release in relation to illegal activities. Because we view our Site as merely a venue, we take no responsibility whatsoever in the event that you are involved in an illegal activity. You are solely responsible for the listings and ensuring that any requests made or deliveries accepted do not breach any local and/or international laws. We strongly advise against the request and/or delivery of items where the contents of these items cannot be confirmed. We take no responsibility for the outcomes of request and/or delivery of such items. You release us from claims and damages of every kind and nature arising out of or in any way connected to such requests or deliveries.
In your use of the FillUp services, you must exercise good judgment and act responsibly and consistent with ethical, prudent and reasonable standards of behavior. You should abide to our Rules of commitment (http://www.fillupmyluggage.com/the-8-FillUp-rules). As an example, and not limitation, you shall NOT:
Provide false information, scam or act as an fraud;
violate any applicable law or regulation either local or international;
violate the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
use information obtained through the FillUp Services for any unauthorized purpose;
interfere with or damage the FillUp Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use the FillUp Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit, calling card or account numbers;
use the FillUp Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other e-mail of a commercial, religious, sexual, political or other nature not within the intended purposes of the Services);
"stalk", harass or annoy any other user of the FillUp Services;
collect or store any information about any user, Traveler, or Shipper other than for purposes permitted during the use of the FillUp Services;
use the FillUp Services for any commercial purpose whatsoever without express, written permission from FillUp;
impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;
assist any other party in doing any of the foregoing; or
take any action with respect to the FillUp Site or the Services which we deem to be (in our sole and absolute discretion) inappropriate for, damaging to, or not in the best interest of, the FillUp Site, any of the Services or the best interests of our business.
You Grant Us a License. By submitting any content to our Site, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created and for any purpose. "Content includes but is not limited to, your photograph, all other personal information, and any other data, information, media and material submitted to our Site."
You acknowledge and agree that you are solely responsible for all registered Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all registered Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to FillUp the rights in such registered Content, as contemplated under these Terms; and (ii) neither the registered Content nor your posting, uploading, publication, submission or transmittal of the registered Content or FillUp’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Prohibited goods and services. You are solely responsible for any content that you submit, post or transmit via our Services. You may not request and should not accept delivery for any of the following prohibited goods or services. We take no responsibility for the outcome of requesting and/or delivering such items.
1. Sexual activity of any kind or obtaining goods or services for purposes of sexual gratification is prohibited.
2. Drugs, including prescription drugs, drug paraphernalia (rolling papers, pipes, etc.) or other controlled substances are prohibited.
3. Anything related to weapons or unlawful activity is prohibited. This includes soliciting, inducing or encouraging illegal acts or requesting goods in furtherance of a crime.
4. Animals, plants and insects that are regulated or prohibited for sale under applicable laws.
5. Blood, bodily fluids and body parts.
6. Embargoed goods.
7. Goods that breach customs regulations.
8. Items designed to be used to commit a crime including not without limitation burglary tools, false identification and items used to manufacture illegal explosives or controlled substances.
9. Material that infringes copyrights, trademarks or other third party rights.
10. Counterfeit or fraudulent items.
11. Obscene material, child pornography or material that is harmful to minors.
12. Prescription drugs, medical devices, controlled substances, illegal drugs, or drug paraphernalia.
13. Services or merchandise that promote hatred and violence against specific groups of people.
14. Services that are illegal including without limitation prostitution.
15. Stocks and other securities.
16. Stolen goods or property with serial number removed or altered.
17. Weapons (including but not limited to firearms, martial arts weapons, silencers, ammunition, disguised or switchblade knives, BB guns, stun guns or tear gas) and weapons parts.
19. Items containing hazardous substances or pesticides.
No Obligation to Post Content. We have no obligation to post any content from you or anyone else. In addition, we may, in our sole and unfettered discretion, edit, remove or delete any content that you post or submit, with or without notice.
All material on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any such material. Notwithstanding the foregoing, you may use such material, but only in the course of your normal, personal, non-commercial use of our Site.
Your Use of our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or coin directly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use any of our trademarks as meta tags on other websites, written materials or otherwise. You may not display any portion of our Site in a frame (or any content from our Site through in-line links) without our prior written consent, which may be requested by contacting us . You may, however, establish ordinary links to the homepage of our Site without our written permission.
Discontinuance of services
We may, in our sole and absolute discretion and without any liability to you, with or without notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of our Services.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
You agree that you are restricted from using the Service if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Services, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.
Representations and warranties
You hereby represent and warrant to us that:
you have the full power and authority to enter into and perform under these Terms;
your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party;
you will comply with all applicable laws in using our Site and our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of our Services; and
you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate the rights of any third party.
If you choose to use the site, application, services you do so at your sole risk. You acknowledge and agree that FillUp does not have an obligation to conduct background checks on any member, including but not limited to, travelers and businesses. The site, application and services are provided "as is" without warranty of any kind, either express or implied. Without limiting the foregoing, FillUp explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, any warranties arising out of the course of dealing or usage of trade. FillUp makes no warranty that the site including, but not limited to, the postings or any rewards offered, will meet your requirements or be available on an uninterrupted, secure or error-free basis. FillUp makes no warranty regarding the grade of any postings, truthfulness or the payments, accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site.
No advice or information, whether oral or written, obtained from FillUp or through the site, application and services will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the site, application and services with whom you communicate or interact as a result of your use of the site, application and services including, but not limited to, any Shippers or businesses. You understand that FillUp does not make any attempt to verify the statements of the users of the site, application and services. FillUp makes no representations or warranties as to the conduct of the users of the site, application and services. You agree to take reasonable precautions in all communications and interactions with other users of the site and with other persons with whom you communicate or interact with as a result of your use of the site, application and services, including but not limited to any Shippers, businesses, or travelers, particularly if you decide to meet offline or in person. Notwithstanding FillUp appointment as the limited payment collection agent of the Travelers for the purpose of accepting payments from Shippers on behalf of the Travelers, FillUp explicitly disclaims all liability for any act or omission of any Shippers or other third party.
Limitation of liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application and services and your posting or delivering of any items via the site remains with you, and any contact you have with other users of FillUp whether in person or online remains with you.
Neither FillUp nor any other party involved in creating, producing or delivering the site, application and services will be liable for any incidental, special, exemplary or consequential damages, including but not limited to loss of property, loss of data or goodwill, loss of money, service interruption, computer damage or system failure or the cost of substitute products or services or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, for the use of or the inability to use the site, from any communications, interactions or meetings with other users of the site, application and services or other persons with whom you communicate or interact with as a result of your use of the site, application and services.
You agree to release, defend, indemnify, and hold FillUp and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
your access to or use of the Site or your violation of these Terms;
your Member Content;
interaction with any Member,
posting a request,
delivering an item
offering a reward
accepting a reward.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback through the Contact (http://fillupmyluggage.com/contact-us) section of the Site or through our Feedback button or report this entry button. You acknowledge and agree that all Feedback will be the sole and exclusive property of FillUp and you hereby irrevocably assign to FillUp and agree to irrevocably assign to FillUp all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FillUp‘s request and expense, you will execute documents and take such further acts as FillUp’s may reasonably request to assist FillUp to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Please contact us with any questions regarding these Terms.