(1) Governing Terms. Your use of the UPS My Choice® services (the “Service”) is governed by these Terms of Service (including any additional applicable terms set out below) (“Terms”) and the following documents, each of which is expressly incorporated into these Terms by this reference and which apply except to the extent modified by these Terms:
Such documents describing the Service and UPS services, the UPS Terms and Conditions, the UPS Guide, the UPS Technology Agreement and the UPS Privacy Notice are collectively referred to as the “Applicable Terms”, and any one or more of such Applicable Terms, or any part thereof, are subject to change without notice. Your use of the Service is expressly subject to any provisions relating to arbitration included within the Applicable Terms, which will apply to any and all claims arising from or related to the provision of services by UPS.
You expressly acknowledge having reviewed, understood and agreed to the Terms and accept their application. In the case of a conflict between these Terms and other parts of the Applicable Terms, these Terms shall take precedence as to the Service. Depending on the location or country where shipment is tendered to UPS for carriage, the term “UPS” will mean the applicable company set out in the relevant Applicable Terms. UPS may engage sub-contractors (for example, other transportation carriers authorized by UPS) to perform services and contracts both on its own behalf and on behalf of its servants, agents and subcontractors, each of whom shall have the benefit of these Terms.
You confirm that you are over the age of legal consent in your location or country and have full legal capacity. By using the Service, you agree to these Terms. Not every feature of the Service is available in every location or country served by UPS. The specific UPS My Choice® services available to you as part of the Service are those displayed when you log in to your UPS My Choice® account. These Terms apply to all aspects of the Service made available by UPS in your location or country of residence. If you are dealing as a consumer, these Terms may not affect your statutory rights (if any) that cannot be waived under applicable law.
You may inform UPS of your communication preferences (“Communication Preferences”) by updating your UPS account profile to reflect your communication preferences or by following the instructions set forth in the UPS Privacy Notice.
(2) Authorization and Consent.
(3) Fees and Charges. You agree to pay any applicable fees and charges associated with the Service, which may include transactional fees per package or pursuant to your expressed preferences for certain Services, including, without limitation and to the extent made available in your location or country of residence, “Deliver My Package on Another Day,” “Deliver My Package to Another Address,” “Redeliver to My Address,” “Make Three Delivery Attempts to My Address,” and such other Services as UPS may, in its sole and unlimited discretion, make available in your location or country of residence. If any Services are requested and require a transfer or delivery of the package beyond the original delivery area for the original consignee address (the delivery address originally specified by the shipper), additional transportation charges shall also apply. The transportation charges (if any) will be calculated at the applicable rate between the original recipient address and the rerouted address in an amount indicated in connection with your request.
Due to the nature of the Service, original time of delivery guarantees and the UPS Service Guarantee/Money Back Guarantee (to the extent made available in your location or country of residence) shall not apply to packages subject to the Service. UPS may change any fees and/or charges that apply for the Service at any time without prior notice, subject to any notice requirements that apply pursuant to applicable law. Additional fees and charges will not be assessed for packages for which UPS is unable to provide the requested Service.
If you wish to select Services made available by UPS in your location or country of residence that involve additional fees and/or charges, you may set up a credit card number or other payment method by logging in to your UPS account via www.ups.com6, accessing your account profile settings, and selecting Payment Options. You authorize UPS to automatically charge the payment card or other payment method selected in the Payment Options section of your UPS account profile for all applicable charges and fees, and to continue to charge such amounts to that payment method, when incurred, until you revoke your authorization. You may change the payment method or revoke your authorization by selecting the Payment Options section within your UPS account profile and making any desired changes. It may take UPS up to 10 calendar days to process any change to or revocation of your payment authorization.
(4) Deliver to a UPS Access Point® Location. A UPS Access Point® location is an independently owned and operated business designated by UPS where a consignee or other recipient may, where available in your location or country of residence, receive a package delivery.
Packages that may be received for delivery at a UPS Access Point® location are subject to restrictions, including, without limitation, in regards to weight and size and actual and declared value as set forth at Guide to UPS Access Point® locations7. Before releasing any shipment at a UPS Access Point® location to you or another authorized recipient, you or the authorized recipient may be required to produce sufficient verification of the name and address of the consignee and also identification of the authorized recipient, including, without limitation, provision of government-issued identification to the extent permitted under applicable law. Any such information provided to UPS will be used in accordance with the UPS Privacy Notice. Notwithstanding that in some jurisdictions you may not be required to do so under applicable law, where a shipment is released to another authorized recipient (other than you), you represent and warrant that you shall notify, and obtain the consent of, the authorized recipient that any personal information provided to UPS will be processed by UPS for the purposes of identity verification and authorization and may be transferred to countries other than the location or country in which UPS originally collected the information.
Notwithstanding the foregoing, any visit to a UPS Access Point® location is at your own risk. Any liability of UPS for lost, damaged or delayed packages shipped to a UPS Access Point® location is subject to the limitations set forth herein and in the Applicable Terms. For requests to hold for pickup at a UPS Access Point® location, packages will be held for ten (10) days (except in the United States, Canada, Mexico, and Puerto Rico, where they will be held for seven (7) days) before such packages are returned to the sender (transportation charges will be assessed to the shipper if packages are returned to the shipper).
(5) Data Use. To apply for your UPS My Choice® Membership, you may be required to submit to UPS or its service provider certain personal information, for the purposes set forth in, and subject to, the UPS Privacy Notice. By applying, you consent to the collection and use of your personal information for this purpose.
You agree that UPS, other companies in the UPS group of companies worldwide, and third party service providers authorized by UPS (including companies that may be located outside the location or country of your place of residence and/or in locations or countries which may not have the same level of data protection as your location or country, or the location or country where the shipment is presented to UPS for carriage) may use any data provided by you to us for the purpose of providing the UPS My Choice® service to you and the purposes set forth in, and subject to, the UPS Privacy Notice. You have certain rights, which are exercisable by contacting UPS in accordance with the instructions provided in the UPS Privacy Notice.
(6) UPS My Choice® Membership. Features of UPS My Choice® Membership available to you may vary based on the location of your residence, your method of enrollment, information provided by you, and your agreement to applicable terms and conditions. As a result, UPS may provide limited access to some Services (for example, you may be limited to receipt of package delivery alerts by email). You may be required to provide sufficient verification of identity before you are able to access your UPS My Choice® Membership or certain UPS My Choice® Services (for example, reroute to another address).
You may stop using the Service at any time and may terminate your UPS My Choice® Membership at any time by logging in to your UPS My Choice® account, accessing your UPS My Choice® preferences, selecting Managing My Membership(s), and electing to cancel your Membership(s). You may also terminate your UPS My Choice® Membership by contacting your local UPS Customer Service contact number published online at www.ups.com.
(7) Liability Limitations. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPS SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON CONTRACT OR OTHERWISE (“Loss”) ARISING OUT OF, OR RESULTING FROM, UPS’S PROVISION OF, OR FAILURE TO PROVIDE, THE SERVICE, INCLUDING BY FOLLOWING CONSIGNEE INSTRUCTIONS, FAILURE TO FOLLOW CONSIGNEE INSTRUCTIONS, DELIVERY PURSUANT OR CONTRARY TO CONSIGNEE’S INSTRUCTIONS, MISDELIVERY, OR DELAYED DELIVERY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPS’S LIABILITY IN RELATION TO THE SERVICE, INCLUDING LIABILITY FOR LOSS OR DAMAGE TO A PACKAGE, OR DELAYED DELIVERY SHALL BE LIMITED PURSUANT TO THE APPLICABLE TERMS. UPS DOES NOT ACCEPT RESPONSIBILITY FOR PURELY ECONOMIC LOSSES, SUCH AS THE COSTS OF ANY ALTERNATIVE MEANS OF TRANSPORT, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF REVENUE. THE UPS SERVICE GUARANTEE/MONEY BACK GUARANTEE (TO THE EXTENT MADE AVAILABLE BY UPS IN YOUR LOCATION OR COUNTRY OF RESIDENCE) SHALL NOT APPLY TO PACKAGES SUBJECT TO UPS MY CHOICE® SERVICES, INCLUDING WITHOUT LIMITATION A CHANGE IN SERVICE LEVEL. ALL CLAIMS FOR LOSS OR DAMAGE OR DELAY SHALL BE NOTIFIED TO UPS IN ACCORDANCE WITH THE TARIFF BY THE ORIGINAL SHIPPER OR, WHERE REQUIRED UNDER APPLICABLE LAW, BY THE CONSIGNEE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPS SHALL NOT BE HELD RESPONSIBLE FOR LOSSES THAT ARE (I) NOT DUE TO ITS NEGLIGENCE OR (II) DUE TO AN EVENT OF FORCE MAJEURE (AS DEFINED BY APPLICABLE LAW).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPS BE LIABLE FOR ANY LOSS, INCLUDING BUT NOT LIMITED TO LOSS, THEFT, ALTERATION OF, UNAUTHORIZED ACCESS TO, OR ACQUISITION OF, YOUR PERSONAL INFORMATION, OR OTHER SECURITY BREACH, COMPROMISE, OR INCIDENT INVOLVING YOUR PERSONAL INFORMATION, WHETHER BY THIRD PARTIES OR OTHERWISE, ARISING OUT OF OR RESULTING FROM MISUSE OR IMPAIRMENT OF THE SECURITY OF THE PERSONAL INFORMATION (INCLUDING BUT NOT LIMITED TO SECURITY ACCESS CODES OR HOLIDAY INFORMATION) THAT YOU PROVIDE TO UPS TO ALLOW IT TO RENDER THE SERVICES TO YOU.
THE SERVICE PROVIDED BY UPS PURSUANT TO THESE TERMS IS PROVIDED “AS IS, WITH ALL FAULTS”, AND UPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH SERVICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UPS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR FITNESS FOR A PARTICULAR PURPOSE, RELATED TO THE SERVICE PROVIDED UNDER THESE TERMS AND ALL ASSOCIATED ADVICE, DIAGNOSES AND RESULTS. YOU ACKNOWLEDGE AND AGREE THAT UPS WILL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFAULT, DEFICIENCY, OR NON-CONFORMITY IN THE SERVICE.
THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS ARE FAIR AND REASONABLE.
(8) Legal Compliance and Indemnity. At all times when you use the Service and select any feature of the Service (including, but without any limitation whatsoever, with regard to Leave with Neighbor shipments) or use Communications Preferences, you will comply with all applicable laws and regulations, UPS’s requirements applicable to the Service, these Terms, and the Applicable Terms. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the shipper and UPS, its parent corporation, and affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses, liabilities, causes of action, enforcement procedures, and lawsuits of any kind or nature arising from or relating to your improper or negligent use of the Service and the UPS My Choice® Preferences that you select, including, for example (but without any limitation whatsoever) with regard to Leave with Neighbor shipments, your non-compliance with applicable laws or regulations or UPS’s requirements applicable to the Service, or your failure to comply with these Terms or the Applicable Terms.
(9) Modification; Termination. To the extent permitted under applicable law, UPS may, at any time, in its sole and absolute discretion and without prior notice, (a) amend or update the Applicable Terms, (b) modify, suspend and/or discontinue all or part of the Service without liability to you or any third party, (c) charge, waive, reduce and/or otherwise modify any fees associated with the Service, and/or (d) offer opportunities to some or all Service users. If UPS does so at any time, you will either comply with such changes or communicate to UPS your non-acceptance, in which case that communication will have the effect of a notice of termination and you shall immediately cease using the Service. Your continued use of the Service (including any use of the Service after a notice of non-acceptance from you) shall be deemed to be acceptance of any such changes. If UPS waives, reduces and/or otherwise modifies any fees associated with the Service(s), you are not entitled to any rebate, refund and/or other reimbursement in whole or in part as a result of any such waiver, reduction and/or modification. UPS reserves the right to refuse to attempt to provide the Service if UPS determines that doing so would pose a risk to UPS, its employees, its operations or any third party.
(10) Severability of Provisions. If any provision(s) of these Terms is or are found to be void, illegal, invalid or unenforceable pursuant to a judicial decree or decision (or for any other cause having legal effect), such provision(s) shall (i) be deemed to be modified to the smallest degree necessary to make such provision(s) enforceable under applicable law in that specific instance or in relation to that decree, decision or cause, or (ii) at UPS’ option and in UPS’ sole discretion, be severed in that specific instance or in relation to that decree, decision or cause and the remainder of these Terms shall continue in full force and effect to the fullest extent permitted by applicable law. For clarity, any modification and/or severance of Terms under this Section shall apply only to the parties involved in the matter in which a judicial decree or other decision is made that one or more of the provisions of these Terms is void, illegal, invalid or unenforceable; in all other cases, these Terms shall apply without modification or severance made pursuant to this Section.
(11) Waiver of Protection under Postal Secrecy Laws. You acknowledge that certain delivery options available as part of the Service may entail that information protected under postal secrecy laws that are applicable in your jurisdiction becomes known to third parties (for example, a neighbor receiving a package addressed to you may take note of the fact that you received a package from a certain shipper). Insofar as your use of the Service necessarily entails that information protected under any applicable postal secrecy laws concerning packages addressed to you is or may accidentally be made known to third parties due to your delivery directions, you waive your protection, to the greatest extent possible under applicable law, under those postal secrecy laws, with regard to such deliveries of packages to you, by your selection of such feature or Service.
(12) France. If you use the Service in France:
Withdrawal right. Pursuant to Article L. 121-21-8, 12 of the French Consumer Code, you have no right of withdrawal.
Jurisdiction. If you use the Service as a consumer, all disputes and claims arising between the parties will be submitted to the courts determined under the conditions of the applicable law. In all other cases, you agree that all disputes and claims arising between the parties will be submitted to the courts of Paris. You are informed that you may, in any case, have recourse to conventional mediation or any alternative dispute resolution scheme.
(13) Germany. If you use the Service in Germany:
General. Except for a redirection of the delivery of a package to an alternative address or for a change of a service or service level selected by the shipper, Section (2)a shall not apply to consumers using the Service for purposes other than business, trade or professional purposes.
Authorized Shipment Release Authorization. Section (2)c shall not apply to customers in Germany and shall be replaced by the following provision:
The UPS My Choice® Authorized Shipment Release feature enables you to give authorization online for UPS to deliver packages without a signature for drop-off. By selecting the Authorized Shipment Release service, you authorize UPS to release packages addressed to you at your address when no one is present to receive the delivery, and you acknowledge that you are duly authorized to permit the package to be left at the chosen location. UPS will only make one delivery attempt and will not obtain a signature upon delivery. By selecting the Authorized Shipment Release service, you accept that the package will be released at the location agreed by you. You accept any subsequent responsibility and liability for any loss or damage to the package, as well as for any loss or damage caused by the package, even to third parties, after it has been released at the address. UPS shall use its reasonable efforts to honor your Authorized Shipment Release request (and may not do so, for example, due to delivery conditions such as adverse weather or safety concerns). Authorized Shipment Release may not be available if the shipper has specified that an adult signature is required for your package or if the shipper has excluded it as a delivery option.
Leave at Location Authorization. Section (2)e shall not apply to customers in Germany and shall be replaced by the following provision:
The UPS My Choice® Leave at Location feature enables you to designate certain locations where you would like our driver to leave your package. To the extent made available by UPS in your location or country of residence, if you select the Leave at Location service and specify that a package is to be left with a particular person, or if you select the Leave with Neighbor or Authorized Signature Release service, you accept responsibility for any loss or damage to the package, as well as for any loss or damage caused by the package, even to third parties, after the package has been released according to your instructions or, in the case of the Authorized Signature Release service, at the consignee’s discretion. Leave at Location may not be available if the shipper has specified that an adult signature is required for your package or if the shipper has excluded it as a delivery option.
Data Use for Deliveries to a UPS Access Point® Location. Any information provided to UPS in relation to Section (4) shall be used in accordance with the German Postal Services Data Protection Regulations (Postdienste Datenschutzverordnung).
Liability Limitations. Section (7) (Liability Limitations) shall not apply to customers in Germany and shall be replaced by the following provision:
UPS shall not be liable for any loss, claim, liability, or damage of any kind, including but not limited to direct, indirect, consequential, special or exemplary damages, whether based on contract or otherwise (“Loss”) arising out of, or resulting from, UPS’s provision of, or failure to provide, the Service, including by following consignee instructions, failure to follow consignee instructions, delivery pursuant or contrary to consignee’s instructions, misdelivery, or delayed delivery. To the maximum extent permitted by applicable law, UPS’s liability in relation to the Service, including liability for loss or damage to a package, or delayed delivery shall be limited pursuant to the Applicable Terms. UPS does not accept responsibility for purely economic losses, such as the costs of any alternative means of transport, loss of profits, loss of business opportunities or loss of revenue. The UPS Service Guarantee/Money Back Guarantee (to the extent made available by UPS in your location or country of residence) shall not apply to packages subject to UPS My Choice® services, including without limitation a change in service level. All claims for loss or damage or delay shall be notified to UPS in accordance with the Tariff by the original shipper.
(14) Italy. If you use the Service in Italy:
Jurisdiction. These Terms shall be governed by Italian law. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, construction, performance or termination, shall be exclusively referred to the Court of Milan.
Agreement. Pursuant to and by the effect of Articles 1341 and 1342 of the Italian Civil Code, you declare you have read, understood and explicitly approve the following: Section (2) (Authorization and Consent), Section (4) (Deliver to a UPS Access Point® Location), Section (7) (Liability Limitations), Section (8) (Legal Compliance and Indemnity), Section (9) (Modification; Termination), and Section (14) (Italy; Jurisdiction).
(15) Turkey. If you use the Service in Turkey:
Disputes. If you are a resident of Turkey, any disputes, claims or causes of action arising out of or in connection with these Terms shall be resolved by the competent Turkish consumer arbitral committee or consumer court.