Terms of Use

These terms and conditions of service constitute a legally binding contract between the Wynd It Inc., (the "Company") and you (the "Customer") for services rendered.

If you are viewing these Terms and Conditions on one of Company's platforms and click on the "Agree" button you indicate that you have authority to enter into an agreement with Company.

Company may offer additional services to Customer which shall be set forth in such other document(s) governing those services.

  1. Definitions.

    • "App" shall mean the application downloaded from a compatible mobile operating system (as set out in the System Requirements).

    • "Company" shall mean Wynd It, Inc. (a corporation registered in the State of New York), whose principal place of business is at 176 Delancey St. New York, NY 10002, its subsidiaries, related companies, agents and/or representatives;

    • "Customer" shall mean the person for which Company is rendering service, as well as its agents and/or representatives;

    • "Documentation" shall mean all information received by Company directly or indirectly from Customer, whether in paper or electronic form;

    • "Services" shall mean courier, pick up, delivery and packing services provided by Company domestically and international shipping services coordinated by Company and provided by Third Parties.

    • "Software" means software applications and App which are proprietary to Company and licensed to Customer under the terms of this agreement.

    • "System Requirements" shall mean in relation to the App the mobile operating systems which are compatible with the App [as set out on Company's website www.wynd.it].

    • "Third Parties" shall include, but not be limited to, the following: carriers, couriers, customs brokers, agents and others to which the goods are entrusted for transportation, cartage, packaging, handling and/or delivery and/or storage or otherwise.

    • "Third Party Software" means software applications proprietary to a third party but shall not include software licensed by Company from a third party for incorporation into Company's Software and distributed by Company as an integral part of Company's Software.

  2. Rights Granted. Customer is hereby granted a revocable, non-transferable license on to access the Software and/or Services provided that such right may only be exercised in accordance with these Terms and Conditions.

  3. No Reverse Engineering. Except to the extent that Company is expressly precluded by law from prohibiting these activities, Customer shall not: (a) alter, modify, adapt, create derivative works, translate, deface, decompile, disassemble, reproduce, or reverse engineer all or any portion of the Software and/or Services or attempt to do so; or (b) permit, authorize, or acquiesce in, any other person engaging in these activities, or attempting to do so; or (c) use the Software and/or Services or any information contained therein or otherwise provided by Company for the purposes of developing, or having developed any products or services competitive with any of Company's products and/or services, and shall prohibit its end users from doing so, or attempting to do so. Should it become known to Customer that an end user has attempted to modify, reproduce or reverse engineer the Software and/or Services or any part thereof, Customer shall immediately notify Company and direct such end user to cease and desist in the activity and to contact Company directly.

  4. Terms of payment. Customer shall be required to provide a credit card in order to use the Services. If Customer uses the Services it shall receive a weekly invoice via email. Customer may choose to settle the invoice: (a) using the credit card on file; or (b) via a bank transfer (or an alternative payment method if pre-agreed with Company) within seven (7) days of the date of the invoice. If payment has not been received within seven (7) days from the date of the invoice Company, Customer authorizes Company (at Company's discretion) to charge the credit card or bank account provided in the Customer Account. If Company is unable to collect payment for the Services it may charge late payment interest as set out in Section 16.

  5. Company as Agent. Customer understands that Company is not a "carrier" but that Company will select and engage Third Parties on behalf of Customer. Company acts as the "agent" of the Customer for the purpose of arranging transportation services, and of performing duties in connection with this service, including, without limitation, the filing of export and security documentation on behalf of the Customer and other dealings with government agencies together with other, ancillary services, including packing and storage of goods received incident to shipment. As to all other services, Company acts as an independent contractor.

  6. Special Power of Attorney. Customer grants the following export power of attorney: POWER OF ATTORNEY GRANTED BY CUSTOMER AS U.S. PRINCIPAL PARTY IN INTEREST TO AUTHORIZED AGENT FOR EXPORT SHIPMENTS. Know all persons by these presets, that customers in the US principal party in interest organized and doing business in the US and having an office and place of business indicated to the Company hereby authorizes Company at to act for and on its behalf as a true and lawful agent and attorney of the US Principal Party in Interest (USPPI) for and in the name, place and stead of the USPPI, from this date, in the US either in writing, electronically, or by other authorized means to: act as an authorized agent for export control, US census bureau reporting, and US customs and border protection purposes; also, to prepare and transmit any Electronic Export Information (EEI) or other documents or records required to be filed by the US census bureau, US Customs and Border Protection, US Department of Commerce, Bureau of Industry and Security, or any other US government agency, and perform any other act that may be required by law or regulation in connection with the exportation or transportation of any goods shipped or consigned by or to the USPPI, and to receive or ship any goods on behalf of the USPPI. The USPPI hereby certifies that all statements and information contained in the documentation provided to the authorized agent and relating to exportation is and will be true and correct. The USPPI understands that civil and criminal penalties may be imposed for making false or fraudulent statements or for the violation of any US laws or regulations on exportation. This Power of Attorney is to remain in full force and effect until revocation in writing is duly given by the USPPI and received by the authorized agent.

  7. Export. Customer assume all responsibility for compliance with all laws and regulations of the United States and any other country from which it may use Company's Software or Services to export, re-export and import any products.

    Customer acknowledge and agree that it will not export or import any Software or use Company's services to export to any country to which export or import is restricted under United States law.

  8. No Liability for the Selection or Services of Third Parties and/or Routes. Unless Services are performed by person or firms engaged pursuant to express written instructions from the Customer (for whom Company accepts no liability), Company shall use reasonable care in its selection of Third Parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the shipment; advice by Company that a particular person or firm has been selected to render services with respect to the goods, shall not be construed to mean that Company warrants or represents that such person or firm will render such services nor does Company assume responsibility or liability for any actions(s) and/or inaction(s) of such Third Parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a Third Party or the agent of a Third Party; all claims in connection with the act of a Third Party shall be brought solely against such party and/or its agents; in connection with any such claim, Company shall reasonably cooperate with the Customer, which shall be liable for any charges or costs incurred by Company.

    Company may use third party software in the delivery of the Services and Customer may be required to agree to any applicable license terms arising from the use of such Third Party software.

  9. Quotations Not Binding. Quotations as to fees, shipping charges, insurance premiums or other charges given by Company to the Customer are for informational purposes only and are subject to change without notice; no quotation shall be binding upon Company unless Company agrees in writing to undertake the handling or transportation of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between Company and the Customer.

  10. Reliance on Information Furnished.

    • Customer acknowledges that it is required to review all documents and declarations prepared and/or filed with U.S. Customs & Border Protection, other Government Agency and/or third parties, and will immediately advise Company of any errors, discrepancies, incorrect statements, or omissions on any declaration or other submission filed on Customer's behalf.

    • In preparing and submitting export declarations, applications, security filings, documentation and/or other required data, Company relies on the correctness of all documentation, whether in written or electronic format, and all information furnished by Customer; Customer shall use reasonable care to ensure the correctness of all such information and shall indemnify and hold Company harmless from any and all claims asserted and/or liability or losses suffered by reason of the Customer's failure to disclose information or any incorrect, incomplete or false statement by the Customer or its agent, representative or contractor upon which Company reasonably relied. The Customer agrees that the Customer has an affirmative non-delegable duty to disclose any and all information required to import, export or enter the goods.

  11. Confidentiality. Neither party shall not: (a) disclose, allow access to, transmit, transfer or otherwise make available any Confidential Information to any third party other than its employees that need to know such information to fulfill the purposes of this agreement, and with whom it has executed a non-disclosure or other agreement which limits the use, reproduction and disclosure of the Confidential Information on terms that afford at least as much protection to the Confidential Information as the provisions of this Agreement; or (b) use or reproduce the Confidential Information for any reason other than as reasonably necessary to fulfill the purposes of this Agreement. Customer shall be vicariously liable for breach by its employees of the Customer's confidentiality obligations under this Agreement.

    For the purposes of this Agreement "Confidential Information" shall mean all trade secrets and other materials or information that is not generally known to the public, is either specifically identified as confidential information prior to or at the time of it being disclosed or otherwise made available to Customer in relation to this Agreement, or would generally be considered confidential in the wireless communications industry, including without limitation any of Supplier's technical, financial, legal, corporate, marketing, business opportunity, product, personnel, supplier and other information in whatever form or medium. Without limiting the generality of the foregoing, Supplier's Confidential Information includes without limitation: (a) any test results relating to Supplier software, products or and/or services; (b) Supplier software's source code; and (c) technical specifications related to Supplier's software or products and/or services.

    Notwithstanding the foregoing, Customer may disclose Confidential Information if and only to the extent it is required to do so by law provided that Customer gives Supplier sufficient notice to enable it to seek an order limiting or precluding such disclosure.

    The following information that Customer can establish: (a) was lawfully in Customer's possession before receipt as a result of rights granted to Customer under this Agreement or any other agreement; (b) is or becomes a matter of public knowledge through no fault of Customer; or (c) was independently developed or discovered by Customer.

  12. Reservation of Rights. Customer acknowledges that, subject to the rights granted herein, Company retains all right, title and interest, including, without limitation, intellectual property rights, in and to the Software and/or Services. Customer will have only those rights in or to the Software and/or Services that are granted to the Customer pursuant to this Agreement. Customer acknowledges that the Software and/or Services contain valuable trade secrets and other intellectual property of Company. Neither Customer nor anyone acting on behalf of Customer, including its employees, independent contractors or agents shall acquire any intellectual property rights related to the Software and/or Services, including without limitation any such patents, industrial designs, master works, copyright, trade secrets, or mask works. No ownership, right, interest or title in or to the Software and/or Services will transfer to Customer nor to anyone acting on Customer's behalf under this Agreement. Confidential Information; shall not be considered Confidential Information under this Agreement.

  13. Privacy. Confidential Information which is personally identifiable information shall be processed by Company in accordance with its Privacy Policy.

  14. Declaring Higher Value to Third Parties. Company and Third Parties to whom the goods are entrusted limit liability for loss or damage; Company will request excess valuation coverage only upon specific written instructions from the Customer, which must agree to pay any charges. In the absence of written instructions or the refusal of the Third Party to agree to a higher declared value, at Company's discretion, the goods may be tendered to the Third Party, subject to the terms of the Third Party's limitations of liability and/or terms and conditions of service which terms can be found here:

  15. Insurance.

    • Unless requested to do so in writing and confirmed by Company, Company is under no obligation to procure insurance on Customer's behalf for values greater than $5,000.00.

    • Insurance covers the item shipped only and do not cover value of packing containers or shipping charges. Company shall not be responsible to substantiate values of goods in transit; nor is Company responsible to provide proof of origin or authenticate in any way such goods in transit regardless of description listed on the face of the airway bill. Customers may not over-value goods or otherwise insure goods in transit in excess of their fair market values. The responsibility for providing documented proof of value in a claim shall rest entirely with the customer.

  16. Disclaimers; Limitation of Liability.

    • Except as specifically set forth herein, Company makes no express or implied warranties in connection with its services;

    • Company's liability shall under all circumstances be limited to $5,000.00 per shipment or transaction for loss or damage by any cause, including negligence;

    • In no event shall Company be liable or responsible for consequential, indirect, incidental, statutory or punitive damages, even if it has been put on notice of the possibility of such damages, or for the acts of third parties;

    • Should any claim in an amount in excess of the foregoing limits of liability be asserted against Company by a third party for loss or damage to any goods handled by Company, the Shipper, Consignee, and Customer shall indemnify and hold Company harmless as against any such claim. This provision shall be in force regardless of the cause of such loss or damage, including negligence.

    • Company cannot be held responsible and shall remain exempt from all liability for physical damage to a shipment, or loss caused by delay of delivery, when conditions beyond the carrier's control are encountered during transit. Such conditions include but are not limited to: extreme weather and/or changes in temperature, acts of nature and God; breakdown or mechanical defect of vehicles or equipment; faulty or impassable highway; lack of capacity of roadway structures; highway obstruction or closure due to official action; civil disobedience, riots, strikes or lockouts; illegal or unlawful actions. "Loss caused by delay" as stated above is hereby understood to also define and apply to loss of revenue, interest, market, and/or utility. Company is not bound to transport goods by any particular means, schedule, vehicle, or otherwise than with reasonable dispatch.

    • Company is only liable to effect delivery and will not be liable for unwrapping or unpacking a shipment unless such requests are ordered in advance and in writing. "Inside delivery" is hereby defined as delivery taking place inside consignee's location or structure at or near a common point of entry and within a reasonably accessible area.

    • All claims against Company for a potential or actual loss, must be made in writing and received by Company, within three (3) days of the event giving rise to claim; the failure to give Company timely notice shall be a complete defense to any suit or action commenced by Customer. Company reserves the right to inspect all items and wrapping materials that are being made subject to a claim. It is the responsibility of the Customer to retain the goods in the original container(s) and/or materials and to make such goods and materials available to Company or the Third Party's insurance company for inspection.

    • IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR, AND CUSTOMER HEREBY WAIVES: (i) ANY LOSS OF PROFITS BUSINESS REVENUE OR EARNINGS, ANTICIPATED SAVINGS, GOODWILL, CONTRACTS OR BUSINESS OPPORTUNITIES OR DATA (WHETHER SUCH LOSS SHALL BE CONSIDERED DIRECT OR INDIRECT); (ii) ANY LOSS OR DAMAGE CAUSED BY DELAYS (WHETHER SUCH LOSS SHALL BE CONSIDERED DIRECT OR INDIRECT); AND (iii) ANY INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SET OUT IN THIS AGREEMENT SHALL APPLY REGARDLESS OF WHETHER OR NOT SUCH DAMAGES COULD REASONABLY BE FORESEEN OR THEIR LIKELIHOOD OR THE POSSIBILITY OF GREATER LOSS HAS BEEN DISCLOSED TO COMPANY.

    • SUBJECT ALWAYS TO THE PRECEDING PARAGRAPH, IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY CLAIMING THROUGH CUSTOMER, FOR ANY DAMAGES OF ANY KIND IN EXCESS OF $5,000.00

    • Customer automatically releases Company from liability and responsibility for physical damage, loss or loss due to delay for items of shipping as listed below:

      • Items containing internal damage or concealed breakage; glass and ceramic with existing cracks.

      • Items containing internal mechanics or instrumentation.

      • Damaged or excessively worn antique items in disrepair, items exhibiting prior repairs or breakage.

    • (k) The following types of shipments will not be handled by Company under any circumstance: Contraband or illegal substances; firearms or ammunition; explosive, chemical or noxious goods; livestock, plants or biological goods. Consigning items of these types to Company which are willfully disguised by the shipper, acting with or without knowledge of the customer, shall entitle Company to recover any and all costs for fines, penalties, legal fees, damage to Company's equipment and/or personal injury and compensation to Company's employees. The Customer also shall be liable for and indemnify Company against all loss or damage to other property or persons caused by said goods. Company is at liberty to dispose of any items consigned with or associated with said goods at any time and place deemed appropriate by Company with disposal charges billable to the customer.

  17. Subcontracting. Company may subcontract the performance of any services to Third Parties. Company shall not be liable or responsible for any negligence, malpractice, fault, errors or omissions in the performance of Services by any Third Parties.

  18. Indemnification/Hold Harmless. Customer agrees to indemnify, defend, and hold Company harmless from any claims and/or liability, damages, fines, penalties and/or attorney's fees by reason of injury to or death of any person or by reason of injury to or destruction of Property or arising from the exportation of customer's merchandise and/or any conduct of the Customer, including but not limited to the inaccuracy of export or security data supplied by Customer or its agent or representative, which violates any Federal, State and/ or other laws, or from any cause including but not limited to the fault, breach of warranty or negligence of Company, its officers, agents, subcontractors or employees and/or from the fault, breach of warranty or negligence of the Customer, its officers, agents, subcontractors or employees. Customer further agrees to indemnify and hold Company harmless against any and all liability, loss, damages, costs, claims, penalties, fines and/or expenses, including but not limited to reasonable attorney's fees, which Company may hereafter incur, suffer or be required to pay by reason of such claims; in the event that any claim, suit or proceeding is brought against Company, it shall give notice in writing to the Customer by mail at its address on file with Company.

  19. Modifications to the Terms and Conditions. These terms and conditions of service may be modified, altered or amended by Company at any time. Use of the Services following a notification that the Terms and Conditions have been updated shall constitute acceptance of the updated Terms and Conditions.

  20. Notice. Any notice, request, demand or other communication required or permitted hereunder will be in writing and shall be sufficiently given if delivered by hand or sent by registered mail, courier, email or facsimile addressed to the other party at the address set out below or to such other person or address as the parties may from time-to-time designate in writing delivered pursuant to this notice provision. Any such notices, requests, demands or other communications shall be received and effective: (a) upon the date of delivery if delivered personally; or (b) on the date of receipt of confirmation by answer-back, in the case of mail, email or facsimile.

  21. Severability. In the event any Paragraph(s) and/or portion(s) hereof is found to be invalid and/or unenforceable, then in such event the remainder hereof shall remain in full force and effect. Company's decision to waive any provision herein, either by conduct or otherwise, shall not be deemed to be a further or continuing waiver of such provision or to otherwise waive or invalidate any other provision herein.

  22. Force Majeure. Neither party is liable in any way including for any damages or penalty for any failure or delay in performance hereunder which is proximately caused by strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, disruptions caused as a result of the Internet, or other causes beyond its reasonable control. The failure to make any payment required under this Agreement shall never be excused under this force majeure provision.

  23. Governing Law; Consent to Jurisdiction and Venue. These Terms and Conditions shall be governed by the laws of the State of New York, USA and the parties hereby irrevocably agree to the jurisdiction of the courts in the County of New York, New York. The Parties hereby waive any right to a trial by jury with respect to any lawsuit or judicial proceeding arising or relating to these Terms and Conditions. The United Nations Convention on Contracts for the International Sale of Goods is inapplicable, and the parties expressly disclaim its applicability.