Splht Terms of Service

Last Updated: February 6, 2018

SPLHT provides its Service (as defined below) to you, subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Services or our website located at SPLHT.com (the “Site”), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.

We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Service user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Service or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new TOS.

You may be required to register with SPLHT in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. You acknowledge and agree that your use of certain features of the Services requires current and accurate information about you, including your address and mobile phone number. SPLHT is not responsible for any delays or inabilities to use the Services that result from your providing false, inaccurate, incomplete or out-of-date information. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify SPLHT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. SPLHT will not be liable for any loss or damage arising from your failure to comply with this section

You may have the option of creating a unique username (“Username”) which permits other users to send Luggage to you without needing to import or otherwise input your Transfer information. By creating a Username, you agree and acknowledge that other users of the Service will have access to your full name and your city and state of residence. It is your responsibility to determine whether you should create a Username, and you agree that SPLHT shall have no obligation or liability with respect to third party access to or use of your personal information as described above.

General Conditions/ Access and Use of the Service.

Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to SPLHT. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components or otherwise violates our AUP (as defined below), or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices SPLHT provides you or publishes in connection with the Service, and you shall promptly notify SPLHT if you learn of a security breach related to the Service. Additionally, SPLHT partners with third party Drivers to provide the Service. Accordingly, Luggage of your items will also be governed by the terms and policies of our Driver partners, including, but not limited to FedEx, UPS, USPS and DHL (and any other terms and policies set forth on our Driver partners’ respective websites) and you agree to comply with such terms and policies. We shall not have any liability or responsibility for the actions of any third-party Driver that may provide Transfer services for us in connection with the Service.

In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with SPLHT’s acceptable use policy (“AUP”), as described in this section. You will not use the Service to (or assist another person to): a) upload or transmit any content or materials that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; (vi) in the sole judgment of SPLHT, is objectionable, knowingly false, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose SPLHT or its users to any harm or liability of any type; b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or c) violate any applicable local, state, national or international law, or any regulations having the force of law; d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or e) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Any software that may be made available by SPLHT in connection with the Service, including without limitation the bookmarklets or plug-ins, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, SPLHT hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by SPLHT for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of SPLHT or any third party is granted to you in connection with the Service.

You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”).You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. SPLHT reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Service, you hereby do and shall grant SPLHT a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service and to improve SPLHT’s products and services, subject to the terms and conditions of this TOS and our Privacy Policy. SPLHT has the right, but not the obligation, to monitor the Service, Content, or Your Content and to disclose your Your Content if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of SPLHT, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that SPLHT may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.

You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to SPLHT’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. SPLHT will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in SPLHT’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.

The failure of SPLHT to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and SPLHT, even though it is electronic and is not physically signed by you and SPLHT, and it governs your use of the Service and takes the place of any prior agreements between you and SPLHT.

Subject to the terms hereof, SPLHT may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.

Payment

To the extent the Service or any portion thereof is made available for any fee, you will be required to provide SPLHT information regarding your credit card or other payment instrument. You represent and warrant to SPLHT that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for Luggage, all charges for the Luggage and any additional fees payable to SPLHT (“Charges”) will be charged to the credit card or other payment instrument associated with your account. You hereby authorize SPLHT to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all Charges shall be those in effect at the time that an item is tendered for Luggage and described in the Service, including through email or SMS messages sent by SPLHT, on the Site or in any Mobile Services). The applicable Charges will be based upon the characteristics of the Luggage actually tendered to us. If you dispute any Charges you must let SPLHT know within sixty (60) days after the date that SPLHT bills your payment instrument. We reserve the right to change the amount of the Charges from time to time. If SPLHT does change any of the Charges, SPLHT will post the new rates to the Service, effective as of the posting date. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with Services other than U.S. taxes based on SPLHT’s net income.

You, as a shipper, understand that you are responsible for providing accurate and complete Luggage information to SPLHT, including service selected, number, weight, descriptions (including designations such as “fragile,” if such designations are permitted or requested through the Service) and dimensions of Luggage. If any aspect of the Luggage information is incomplete or incorrect as determined by SPLHT in its sole discretion, the actual Charges applicable to such Luggage may be more than what is quoted through the Service, and SPLHT may, in its discretion, adjust the actual Charges accordingly and will notify the shipper of such adjustments. You authorize SPLHT to charge the payment instrument associated with your account for the difference between the quoted and actual Charges upon notification. If the Luggage has been canceled in accordance with this TOS prior to notification of the adjusted Charges, you acknowledge that additional Charges may still apply.

You acknowledge that certain Charges may apply to Luggage which are canceled (i) by SPLHT or its third party representatives because such item is a Prohibited Item, a Non-Conforming Item, or because the Transfer information is incorrect or incomplete; or (ii) by you, for whatever reason, in each case even if the Luggage is not handed over to a third party Driver prior to cancellation. Please see our FAQ for more information about Charges for canceled Luggage.

iOS and Android Smartphone with GPS and data enabled (You need data to use the app)