Last Modified: December 20, 2022
www.shappi.com and its accompanying application (the “App”) are operated by Shappi Inc. Throughout these “Terms and Conditions” we use the terms “we”, “us”, “our”, or the “Company” to refer to Shappi Inc. We refer to any person accessing or using these Web Properties as a Verified Traveler as “You,” “Your,” or any similar derivation.
The following outlines the Terms and Conditions, together with any other legal agreements by and between you and the Company linked within the Terms and Conditions (collectively the “Agreement”), govern your access to and use of the website, services, features, content, and any applications offered by the Company and/or found at www.shappi.com (collectively the “Web Properties” or “Services”) as a Verified Traveler. Before becoming a Verified Traveler, you are required to read, understand, and agree to these terms.
Please read these Terms and Conditions carefully. By applying to become a Verified Traveler, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy, found at https://shappi.com/privacy-policy/, and our general Terms of Use, found at https://shappi.com/terms-and-conditions/ incorporated herein by reference. If there are any conflicting terms between these policies, these Terms and Conditions shall control. If you do not want to agree to these Terms and Conditions or the Privacy Policy, you will not be approved to become a Verified Traveler.
IMPORTANT: PLEASE REVIEW THE ARBITRATION PROVISION BELOW CAREFULLY, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING THE ARBITRATION PROVISIONS, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THESE TERMS AND CONDITIONS.
RECITALS
Shappi Inc. is a company that provides an App using web-based technology that connects customers in Latin America with individuals traveling to Latin America from the United States of America. Shappi Inc.’s software permits registered users to place orders for products and goods from various reputable online retailers that do not ship directly to Latin America. Once such orders are made by a customer on the App, Shappi Inc. software notifies Verified Travelers that a delivery opportunity is available and the Shappi Inc. software facilitates completion of the delivery.
The customer initiating the delivery opportunity will purchase the product directly from a reputable online retailer and will ship the order to Shappi Inc.’s warehouse address, to be provided by Shappi Inc., . Once customer-purchased items arrive at Shappi Inc.’s warehouse, the Verified Traveler may accept any delivery opportunity and Shappi Inc. will bundle all items selected by the Verified Traveler for delivery. The bundled items will be shipped to the address provided by the Verified Traveler. Customers will not ship items directly to the address of any Verified Traveler.
Each Verified Traveler is an independent contractor that possesses all equipment and supplies necessary to perform each delivery in accordance with applicable laws. Verified Travelers desire to enter into these Terms and Conditions for the right to receive delivery opportunities made available through the App. Each Verified Traveler is (i) free to select the dates and locations they are available to accept delivery opportunities; and (ii) may accept or reject the opportunities transmitted through the App by customers if they do not feel the payment amount would be high enough and can make such decisions to maximize their opportunity to profit.
VERIFIED TRAVELER STATUS
For the purposes of these Terms and Conditions, a “Verified Traveler” is an individual who has been screened by Shappi Inc. and has been verified as holding a valid passport and having no criminal history related to crimes of moral turpitude and/or that would impact travel to and from the United States. Verified Travelers must be 18 years of age or older and reside in the United States or any of its territories or possessions or Latin America. Additionally, Verified Travelers must hold United States citizenship, permanent residency, or a relevant, active visa that allows them to travel between the United States and Latin America.
To become verified, you will need to complete all of the following verification steps after acceptance of these Terms and Conditions:
Undergo phone number verification;
Provide a profile picture;
Undergo government ID verification;
Undergo biometric information verification; and
Provide credit card information.
All information collected will be secured and encrypted via Persona and Stripe. These verification steps are subject to change at any time without prior notice.
Once verified, a Verified Traveler will be able to publish upcoming trips and accept deliveries through the App. As a Verified Traveler, you will receive items purchased from reputable stores/sellers by third parties that are first delivered to the Shappi Inc. warehouse; once items are received by Shappi Inc., we will notify Verified Travelers of new opportunities to accept deliveries. However, nothing in these Terms and Conditions requires a Verified Traveler to perform any particular volume of deliveries within a given time period, and nothing in these Terms and Conditions shall guarantee a Verified Traveler any particular volume of deliveries for any particular time period.
ACCEPTING & COMPLETING A DELIVERY
After publishing an upcoming trip, the Web Properties will notify a Verified Traveler if a new delivery is available, based on the details of the upcoming trip. The Verified Traveler should carefully review all available delivery opportunities before accepting. It is the responsibility of the Verified Traveler solely, and not Shappi Inc., to ensure compliance with applicable customs regulations for each delivery opportunity; Shappi Inc will not be responsible for any costs, delays in travel, or any other issue related to a Verified Traveler’s lack of awareness or preparation for customs.
Once a Verified Traveler accepts any items for delivery, Shappi Inc. will package these items together to create a “Bundle.” Shappi Inc. will then contact the Verified Traveler to confirm United States shipping information prior to sending a Bundle from Shappi Inc.’s warehouse. Once a Bundle is sent, details of the United States courier service will be shared, and it is the responsibility of the Verified Traveler to track the Bundle. In some cases and depending on the contents of a Bundle, Shappi Inc. may select a shipping method that requires the Verified Traveler to be present for delivery. If the Verified Traveler is unable to be present for the scheduled delivery date and/or time, it is the responsibility of the Verified Traveler to contact the courier service to reschedule delivery or to pick up at the location.
When the Bundle is delivered to the Verified Traveler’s address, the Verified Traveler is required to update the status of the Bundle within the App to notify Shappi Inc. that the Bundle has been received. It is highly encouraged that all Verified Travelers remain in communication with Shappi Inc. through the App, to ensure transparency on where the product is at a given time and to ensure Verified Traveler status is not terminated. Shappi Inc. will actively communicate all status updates with customers through the App.
Each Verified Traveler is required to complete each delivery they have accepted within twenty-four (24) hours of arriving at their destination. In the event that seventy-two (72) hours have passed from the time of arrival and the Verified Traveler has not completed the delivery, we will charge the credit card in our records for the Verified Traveler the total amount paid by the customer for the undelivered items. For example, if the customer purchased an item for $40.00 USD and the Verified Traveler fails to deliver the item within seventy-two (72) hours of the Verified Traveler’s arrival at their destination, Shappi Inc. will charge $40.00 USD to the credit card in its records for the Verified Traveler. Additionally, Shappi Inc. retains the right to terminate Verified Traveler status at any time. See “TERMINATION OF VERIFIED TRAVELER STATUS” for more information.
Payment to a Verified Traveler will only be processed upon confirmation of delivery to Shappi Inc. within the destination country.
DELIVERY LOCATIONS
Once the Verified Traveler arrives at their destination, Shappi Inc. will pick up the order from the Verified Traveler and deliver it directly to the customer’s home. Delivery is considered completed once the Verified Traveler provides the order to Shappi Inc.
PAYMENT
Shappi Inc. charges each customer a delivery fee for each item purchased, which is calculated based on item category, size, and weight. Payment to Verified Travelers for deliveries is calculated on a percentage basis, and as of the date of these Terms and Conditions, payment to each Verified Traveler is 60-70% of the total delivery fee. Shappi Inc. reserves the right to adjust or withhold all or a portion of payment owed to a Verified Traveler if Shappi Inc. reasonably believes that the Verified Traveler has defrauded or abused, or attempted to defraud or abuse, Shappi Inc. or the Web Platforms.
Once a delivery is confirmed as complete, Shappi Inc. will process payment within its systems on the nearest Friday, based on United States Pacific Time Zone. Processing can take 3-5 business days before the payment will appear in the Verified Traveler’s bank account. The Verified Traveler is responsible for verifying the accuracy of their bank account information to receive timely payments. Shappi Inc. is not responsible for lost or late payments due to incorrect routing and/or account information.
CHANGES AND EMERGENCY SITUATIONS
Upon acceptance of a delivery opportunity, the Verified Traveler shall be contractually bound to complete the delivery in accordance with all customer and retailer specifications and these Terms and Conditions. Because of this, the Verified Traveler should communicate with Shappi, Inc. if there are any changes to their travel or an emergency situation arises. Failure to do so may result in charges being incurred by the Verified Traveler for late or non-delivery.
Examples of changes or emergency situations in which the Verified Traveler should communicate with Shappi, Inc. to avoid charges being incurred include, but are not limited to: trip cancellation or rescheduling, lost or stolen luggage, or unexpected illness or injury to the Verified Traveler that prohibits delivery.
COMMUNITY GUIDELINES
Verified Travelers are expected to be respectful and appropriate with all customers they come into contact with. As such, Verified Travelers should observe the following community guidelines whenever using the App or completing a delivery:
Respect personal boundaries and keep it professional.
Never take money from or offer to make a delivery outside of the App for a customer. We cannot protect you if you transact outside of the App.
Treat each customer’s property like it’s your own and take good care of it.
Communicate with customers whenever you can regarding their orders while in transit.
Use a profile picture that accurately reflects what you look like currently.
Notify Shappi Inc. if anything goes wrong with a delivery.
NON-DISCLOSURE
You acknowledge that in connection with Verified Traveler status, you will have occasion to receive or review certain proprietary technical and business information and/or confidential information of Shappi Inc. and customers. You undertake at all times, both during and subsequent to any delivery, not to disclose, except solely to the extent that such disclosure is authorized in writing by Shappi Inc. and not to use, except for the purposes specifically contemplated by these Terms and Conditions or if required under law, all information which is of a confidential nature to Shappi Inc. and/or customers. This includes, but is not limited to, customer information whether or not that information is marked as confidential. You agree to take reasonable precautions to safeguard information of the other property entrusted to you.
NON-SOLICITATION
You agree not to directly or indirectly call on, solicit, persuade or attempt to solicit or persuade, any employee, partner, designer, consultant, independent contractor or client of Shappi Inc. that you may become acquainted with as a result, directly or indirectly, of your status as a Verified Traveler, to in any way reduce, interfere, or cease doing business with Shappi Inc. This prohibition shall be in effect throughout your time as a Verified Traveler and in the event of termination of Verified Traveler status, for one (1) year thereafter.
TERMINATION
Either you or Shappi Inc. may terminate your Verified Traveler status at any time, and in such event of termination, these Terms and Conditions shall also terminate immediately. Shappi Inc. will endeavor to only terminate Verified Traveler status in the event that: (1) accepted deliveries are not completed; (2) there is lack of communication with customers leading to complaints; (3) delivery status is not updated within the App; (4) overall in-App rating is less than 3.7; or (5) there is a breach of these Terms and Conditions. Notwithstanding the foregoing, Shappi Inc. may terminate your Verified Traveler status at any time, for any reason.
In the event that payment is due to you at the time of termination, payment shall remain due and will be paid according to the usual payment schedule described within these Terms and Conditions. If any legal action is necessary to enforce these Terms and Conditions, the prevailing Party shall be entitled to reasonable attorney fees, costs, and expenses.
INDEPENDENT CONTRACTOR STATUS
The relationship of the parties under these Terms and Conditions is one of independent contractors, and no joint venture, partnership, agency, employer-employee, or similar relationship is created by these Terms and Conditions or the parties’ related conduct. Neither party may assume or create obligations on the other party’s behalf, and neither party may take any action that creates the appearance of such authority. Each Verified Traveler shall be responsible for payment of all taxes arising out of their activities in accordance with these Terms and Conditions, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required.
Each Verified Traveler authorizes Shappi Inc., in order to help facilitate a delivery, to communicate with the Verified Traveler, customer, and/or online retailer or other business to assist the Verified Traveler. However, under no circumstances shall Shappi Inc. be authorized to control the manner or means by which the Verified Traveler completes a delivery. This includes, but is not limited to, the following:
Shappi Inc. does not require any specific type, or quality, of the Verified Traveler’s choice of transportation.
The Verified Traveler does not have a supervisor or any individual at Shappi Inc. to whom they report.
The Verified Traveler is not required to use any signage or other designation of Shappi Inc. on their vehicle or person at any point.
Shappi Inc. has no control over Verified Traveler’s personal appearance.
Verified Traveler does not receive performance evaluations by Shappi Inc.
Please note: the Verified Traveler is prohibited from meeting with any customer in a private location to complete a delivery.
WARRANTIES
You represent and warrant that you have full right to enter into these Terms and Conditions and to perform your obligations hereunder, and that you will comply with all applicable federal, state, and local laws, ordinances and regulations. You represent and warrant that you will report all payments made to you by Shappi Inc. on a calendar year basis using any appropriate IRS Form 1099, if the volume of payments to you qualifies, and you agree to report all such payments and any cash gratuities to the appropriate federal, state and local taxing authorities.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Shappi Inc., including affiliates and each of their respective officers, directors, shareholders, employees, representatives, agents, successors and assigns from and against all claims of third parties, and all associated losses, to the extent arising out of (a) your gross negligence or willful misconduct in performing any of your obligations under these Terms and Conditions, or (b) my material breach of any of the representations, warranties, covenants or obligations under these Terms and Conditions.
GOVERNING LAW
All matters relating to these Terms and Conditions and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Tennessee, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee, in each case located in the City of Chattanooga, and County of Hamilton, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country or county of residence, or any other relevant country or county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION
You and Shappi Inc. mutually agree to this Arbitration provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to these Terms and Conditions, including but not limited to Verified Traveler’s classification as an independent contractor, Verified Traveler’s delivery of items to customers, the payments received by Verified Traveler for completing deliveries, the termination of these Terms and Conditions, and all other aspects of Verified Traveler’s relationship with Shappi Inc., past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to Verified Traveler’s relationship or the termination of that relationship with Shappi Inc. This Arbitration provision extends to disputes between Verified Traveler and any Shappi Inc. affiliates, subsidiaries, successors, agents, and employees that arise out of or relate to these Terms and Conditions. This Arbitration provision does not apply to any claims that cannot be arbitrated under applicable law. To the extent the parties have both arbitrable and non-arbitrable disputes that are related, the arbitrable disputes shall proceed first in arbitration and the non-arbitrable disputes shall be stayed, and any applicable statutes of limitations tolled, pending completion of the arbitration. The parties expressly agree that these Terms and Conditions shall be governed by the FAA even in the event Verified Traveler and/or Shappi Inc. are otherwise exempted from the FAA. Any disputes regarding the FAA’s application shall be resolved exclusively by an arbitrator. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which the Verified Traveler resides shall apply.
If you have any issue or dispute with the Company, you agree to first contact us at legal@shappi.com and attempt to resolve the dispute with us informally. If we are not been able to resolve the dispute with you informally, both parties agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless both parties agree otherwise, the arbitration will be conducted in Hamilton County, Tennessee. Each party will be responsible for paying their respective AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration is not a mandatory condition of a Verified Traveler’s contractual relationship with Shappi Inc., and therefore each new Verified Traveler may submit a statement notifying Shappi Inc. that they wish to opt out and not be subject to this ARBITRATION PROVISION.
In order to opt out, a Verified Traveler must notify Shappi Inc. in writing of Verified Traveler’s intention to opt out by sending a letter, by First Class Mail, to 917 E 16th St, Chattanooga, TN 37408. Any attempt to opt out by email will be ineffective. The letter must state Verified Traveler’s express intention to opt out. In order to be effective, Verified Traveler’s opt out letter must be postmarked within 30 days of the acceptance date of these Terms and Conditions. The letter must be signed by Verified Traveler themself, and not by any agent or representative of Verified Traveler. The letter may opt out, at most, only one Verified Traveler, and letters that purport to opt out multiple Verified Travelers will not be effective as to any. No Verified Traveler (or their agent or representative) may effectuate an opt out on behalf of other Verified Travelers. If Verified Traveler opts out as provided in this paragraph, Verified Traveler will not be subject to any adverse action from Shappi Inc. as a consequence of that decision and they may pursue available legal remedies without regard to this Arbitration provision. If Verified Traveler does not opt out within 30 days of the acceptance date of these Terms and Conditions, Verified Traveler and Shappi Inc. shall be deemed to have agreed to this Arbitration provision. Verified Traveler has the right to consult with counsel of Verified Traveler’s choice concerning this Arbitration provision (or any other provision of these Terms and Conditions).
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
ENTIRE AGREEMENT
These Terms and Conditions constitute the sole and entire agreement between you and us with respect to your participation as a Verified Traveler, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Verified Traveler status.
CHANGES TO THE TERMS AND CONDITIONS
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to Verified Traveler status thereafter. However, any changes to the dispute resolution provisions set forth in GOVERNING LAW will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Web Properties.
Your continued participation as a Verified Traveler following your notification of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. You must also ensure that Shappi Inc. has a valid email address in their records for you at all times, so that you may be notified of any changes.
YOUR COMMENTS AND CONCERNS:
All feedback, comments, requests for technical support and other communications relating to the Web Properties or Verified Traveler status should be directed to legal@shappi.com