PELIPOST TECHNOLOGIES LLC dba PELIPOST
Effective as of January 1, 2020
1. What information we collect?
1.1 Personal Information
If, upon visiting our Site, your use is limited to browsing our Site, we will not collect any personal information from you unless you voluntarily provide it to us. However, we may request personal information from you ("User") at all other times (hereinafter referred to as "Personal Information").
1.2 Usage Information
Like most websites, whenever you visit our Site or Services or when you access the Services by or through a mobile device, we may use automatic data collection technology when you visit the Site to record information that identifies your computer, to track your use of our Site, and to collect certain basic information about you and your surfing habits. This information includes information about your operating system, your IP addresses, browser type and language, referring and exit pages and URLs, keywords, date and time, amount of time spent on particular pages, what sections of a website you visit, the mobile device you use, mobile device unique ID, Ip address of the mobile device, and similar information concerning your use of the Site and the Services (the “Usage Information”).
We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of website users. You can reject cookies by following the directions provided in your Internet provider’s “help” file. If you reject cookies, you may still visit the Site but may not be able to use some areas of the Site and/or the Services.
We do not collect Personal Information in this way, but if you’ve provided us with Personal Information, we may associate that information with the information collected. Automatic data collection may be performed on our behalf by our services providers.
2. How do we use your information?
3. How do we protect your information?
In addition, you acknowledge and agree that the information and pictures will be viewed by others (not just the sender, recipient, and us), including our third-party vendors and the correctional institution receiving the information/pictures/other content. By agreeing to use the Service and uploading your information and pictures/additional content, you acknowledge and agree that you do not have a right to privacy to such information and pictures/other content and that we do not protect your right to privacy. If you do not wish for us, any of our third-party vendors, or any correctional institution or other government agency to view your information, pictures/additional content, DO NOT PURCHASE OUR SERVICES.
4. How long do we retain your personal information?
Pelipost will also retain Usage Information for internal analysis purposes. Usage information is generally retained for a shorter period of time, except when this data is used to strengthen security or improve the functionality of our Services or Site, or we are legally obligated to retain this data for longer periods.
5. Who do we disclosure your personal information to?
We do not disclose your Personal Information to third parties for direct marketing purposes.
We, like many businesses, sometimes hire other companies to perform some business-related functions. Examples include mailing information, maintaining databases, hosting services, and processing payments. When we employ another company to perform a function of this nature, we provide them with the information they need to perform their function, including Personal Information. Some third-party programs include Google Analytics, Admob by Google, ad colony by Jirbo Inc., and Facebook.
If we or all or substantially all of our assets are acquired, we expect that the information we have collected, including Personal Information, would be transferred along with our other business assets. We may disclose your Personal Information and Usage Information to government authorities and other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law, including but not limited to in response to court orders and subpoenas.
We may also disclose your Personal Information and Usage Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of this Site, or anyone else that such activities could harm.
6. Do we sell or rent your personally identifiable information?
No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than to a business partner as provided herein), you will be notified at the time of data collection or transfer. You will have the option of not permitting the transfer. However, from time to time, we may rent or sell demographic information in the aggregate that does not contain your personally identifiable information.
7. How can you update, correct, or delete your personally identifiable information?
Pelipost may process your Personal Information because:
If you are a resident of the EEA, you have certain data protection rights. Pelipost aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Information. If you wish to be informed about what Personal Information we hold about you and want it removed from our systems, please contact us at firstname.lastname@example.org.
In certain circumstances, you have the following data protection rights:
You also have the right to withdraw your consent at any time where Pelipost relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Information. Please contact your local data protection authority in the European Economic Area (EEA) for more information. email@example.com. If you are not from the EEA but wish to learn about what Personal Information we may have collected about you or wish to amend, change, delete, or remove your Personal Information, please contact <a href="mailto:firstname.lastname@example.org">email@example.com</a>. Pelipost will attempt to resolve your request if reasonably possible. We can only discuss matters relating to your User Account through the email address used when the account was first created.
We cannot change, update, delete, or handle any other matters relating to any User Account except with the creator of such User Account and through such original User Account email address. We cannot provide any information regarding a User Account over the phone or by any other method except through the email address on file.
8. Are children under the age of 13 allowed to use the site and “Do not track” signals?
We strive to educate parents and kids about appropriately safeguarding their privacy when using our Services. We are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which requires us to inform parents and legal guardians about our information collection and use practices. COPPA also requires that we obtain parental consent before allowing children under the age of 13 to access and/or use our Services. We urge kids to check with their parents before entering information through our Site and/or Services. We recommend that parents discuss with their kids the restrictions regarding the online release of Personal Information to anyone they don’t know. We strive to help parents ensure that their kids have a safe experience using our Services. Parents or legal guardians can review any Personal Information collected about their child under 13 years of age, have this information deleted, request that there be no further collection or use of their child’s Personal Information, and/or allow for our collection and use of their child’s Personal Information while withholding consent for us to disclose it to third parties. We take steps to verify the identity of anyone requesting information about a child and to ensure that the person is, in fact, the child’s parent or legal guardian.
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page.
9. How can I opt out of promotional emails?
If you no longer want to receive promotional e-mails and/or direct mailings, you may opt-out at any time by simply sending an e-mail request to firstname.lastname@example.org may also choose to unsubscribe from our emails by following the instructions at the bottom of the email.
10. Where is the site operated, and where is my information stored?
The Site and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By providing us with any information through the Site or the Services, you consent to this transfer.
12. How to contact us?
The information contained herein sets forth your rights and obligations with respect to the transaction(s) contemplated for hereby and your use of the service in general. These terms require the use of arbitration (on an individual basis only: i.e. case consolidations and class-actions are not permitted) in order to resolve disputes, please review the document in its entirety before entering into any transaction hereunder in order to confirm your acceptance hereof. You may not order or obtain products or services from this website and/or mobile application unless and until you: (A) agree to these Terms and Conditions in their entirety; (B) are at least 18 years old; and (C) are not prohibited from accessing or using this website or any of this website’s contents, goods, or services by any applicable law, rule, or regulation. All purchases made by you with respect to the Services are final and non-refundable.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://pelipost.com website and/or the Pelipost mobile application (together, or individually, the "Service") operated by Pelipost Technologies LLC ("Pelipost,""us,"we," or "our").
These Terms apply to all visitors, users, guests, third parties, and others who wish to access and/or use the Service, including without limitation the purchase of products and/or services, either directly or indirectly, through the use of your account and password. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. Each use by you shall constitute and be deemed your unconditional acceptance of the Terms. If you do not agree to these Terms, you should not use the Service. These Terms may be modified at any time by Pelipost upon posting of the modified Terms. Any such modifications shall be effective immediately. You can view the most recent version of these Terms at any time at [TERMS AND CONDITIONS]. Each use by you shall constitute and be deemed your unconditional acceptance of all Terms and Conditions. THIS SITE IS NOT INTENDED FOR ANYONE UNDER THE AGE OF EIGHTEEN (18).
3. Online account access
For certain features available through the Service, you are able to create a loyalty program account (“User Account”). For self-enrollment, you must provide Account-specific information to authenticate yourself (i.e., Account owner name, address, email address, phone number, and password). We use reasonable precautions to protect the privacy of your User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Service. You, however, are ultimately responsible for protecting your UserID, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree never to leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify the Company of any unauthorized use of your UserID, password and/or User Account, or any other security breach by email at email@example.com or through the online message center (if applicable). You are solely responsible for any activity that occurs concerning your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, error, interception or interruption.
4. Reliance by company
You authorize Pelipost to rely on your UserID and password to identify you when you use your User Account and signature authorization for any payment made using the User Account. You acknowledge and agree that you are responsible for all payments you make using your User Account. You also acknowledge and agree that if you permit another person or persons to use the User Account or give them your UserID and/or password, you are responsible for an payment that person makes to your User Account, even if the person exceeds your authorization. When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we may send.
When placing an order on the app or the website, you effectively offer to purchase whatever products and services you select. We reserve the right to accept or reject any order at our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time at our sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
All applicable prices are set forth alongside the goods and services offered on the app and/or website. Such prices may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us at our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bonafide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
7. Shipping information
Our responsibility is to ship your accepted order to the location you provided when placing your Purchase. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided through the Service, we shall not be responsible for any delays in shipments. Title and risk of loss pass to you upon delivery.
8. Availability, errors, and inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on theService and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service, and we cannot guarantee the accuracy or completeness of any information found on the Service. Therefore, we reserve the right to change or update information and correct errors, inaccuracies, or omissions at any time without prior notice.
9. Data collection
User acknowledges and agrees that the Services provided include the recording of data collected from the user’s device, which data may include, without limitation, audio, video, metadata, equipment, computer, and other user information. You agree to defend, indemnify and hold harmless Pelipost and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorney's fees), resulting from or arising out of your use and access to the Services, including any claims made by third parties arising from your use and access to the Services.
Specific refund requests may be considered by Pelipost on a case-by-case basis and granted at the sole discretion of Pelipost. Pelipost shall not be in no way required to refund any funds paid prior to termination. All purchases made by you with respect to the Services are final and non-refundable.
Our Service may allow you to upload, share and otherwise make available certain information, including, without limitation, text, graphics, pictures, photographs, names, addresses, other contact information, or other material ("Content"). You are responsible for the Content that you post or upload on or through the Service, including its legality, reliability, and appropriateness. Pelipost shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. You are solely responsible for your own communications and Content, including without limitation, any data, images, graphics, text, audio, video, email, links, and/or screen names you post or upload to the site. You agree to use the Service to post, upload, and receive communications and Content that are legal and proper.
By uploading Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting or uploading of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You represent and warrant to the Company that the Content/information provided to the Company when purchasing a product, whether the purchaser information, or the recipient information, is true and correct. You have authorization from the recipient to send such Content through the Service. We reserve the right to terminate the User Account and any Purchase in our sole and complete discretion, including without limitation for any copyright infringement, inaccurate information provided (whether sender or recipient), and use of the Service for illegal, illegitimate, or immoral purposes.
Pelipost has the right but not the obligation to monitor your use of the Service and may, at any time, for any reason, in its sole discretion, terminate your use. Content stored by Pelipost may or may not be retained after any Purchase. Pelipost annually reviews storage of inactive and terminated accounts and deletes Content that is more than 1 year old.
The Service is the sole property of the Pelipost, and these Terms do not provide any right or license to, other than the right to use as provided herein, the Service. You have no interest in the code and proprietary software, system, source code, run code, or other intellectual property of Pelipost.
12. Copyright policy
We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to Support@pelipost.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (c) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
13. Intellectual property
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Pelipost and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pelipost.
14. Links to third-party service providers and other web sites
You acknowledge and agree that Pelipost may rely on third-party service providers to provide Services and capture Content. Accordingly, Pelipost makes no representation or warranty whatsoever as to the quality of the Services provided or the Content captured through the use of the Services, including, without limitation, picture quality. You shall be solely responsible for the quality of the Content that is captured through the Services, and Pelipost shall have no responsibility to edit or modify Content connected to any User Account. Our Service may contain links to third-party websites or services not owned or controlled by Pelipost. Pelipost has no control over and assumes no responsibility for any third-party websites or services' content, privacy policies, or practices. We do not warrant the offerings of any of these entities/individuals or their websites. Therefore, you acknowledge and agree that Pelipost and its and their shareholders, officers, directors, employees, and agents are not responsible for the availability of such links, resources, and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that Pelipost is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any Content, goods, or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third-party claims relating to your posting or using such links.
15. Termination of service
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation, a breach of the Terms. If you wish to terminate your account, you may discontinue using the Service and provide a cancelation notice to Pelipost by emailing Support@pelipost.com. All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, Sections 16 -24 hereof.
You agree to defend, indemnify and hold harmless Pelipost and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorney's fees), along with any claims made by a third-party, guest, invitee or otherwise relating to your use of your User Account and password, resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and password, including any third-party claims arising from your use of your account and password; (b) a breach of these Terms, or (c) Content posted or Uploaded on the Service.
17. Limitation of liability
In no event shall Pelipost, nor its directors, officers, shareholders, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitations, loss of profits, data, use, goodwill, or other intangible losses, resulting from (I) your access to or use of or inability to access or use the service; (II) any conduct or content of any third-party on the service; (III) any content obtained from the service; and (IV) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Our sole and exclusive liability for any cause whatsoever shall be limited to the actual amount paid by you to us under these terms for the products and services you have ordered through the service which are directly associated with the claim being made. This limitation of liability shall not apply from our gross negligence or willful misconduct.
The information on the service is provided on an “as is”, “as available” basis. You agree that use of this service is at your sole risk. Pelipost disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pelipost makes no warranty that: (A) the service will meet your requirement: (B) the service will be available on an uninterrupted, timely, secure, or error-free basis: (C) the results that may be obtained from the use of the service, or any materials offered through the service purchased or obtained by you through the site meet your expectations or are suitable for your use or circumstances.
19. Disclosures required by law
Pelipost reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Pelipost reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Pelipost to disclose the identity of anyone posting any content or publishing or otherwise making available any materials that are believed to violate the Terms of Service. Pelipost will use reasonable efforts to notify you in connection with any such inquiry, provided, however, that the inquiry in question is not confidential, and further provided that Pelipost shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure. User agrees to reimburse Pelipost for any and all fees and costs associated with responding to subpoenas associated with their account.
By accepting these terms, you waive all rights. You agree to hold Pelipost harmless from any claims resulting from any action taken by Pelipost during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Pelipost or any law enforcement or regulatory authorities.
20. Governing law/binding arbitration
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida. Subject to all applicable laws, you agree to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the aware rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of one arbitrator sitting in Tampa, Florida. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of Florida. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Both parties shall bear their own costs in association with any arbitration, provided, however, that if we are the prevailing party, we shall be entitled to reimbursement of our costs and expenses in such Arbitration. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (20) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed, and the remaining terms will be enforced.
The failure of Pelipost to exercise or enforce any right or provisions of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by Pelipost must be in writing and signed by an authorized representative thereof.
If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
23. Entire agreement
24. Force majeure
Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
Your consent to this agreement
By accessing and using the Service, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the Service so that you will always be able to understand the terms and conditions that apply to your use of the Service and/or the User Account. Your use of the Service and/or the User Account following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by sending your comments to:
Pelipost Technologies LLC
1228 East 7th Avenue, Suite 200
Tampa, Fl firstname.lastname@example.org
Please submit a customer service request and will be happy help you.