Welcome to the terms and conditions (“Terms“) for Forex VIP. These Terms are between you and Forex Cargo, Inc. and/or its affiliates (“forexcargo.us” or “carlopacific.com”, or “eshipd2d.com” or Us“) and govern our respective rights and obligations. Please note that your use of the forexcargo.us, carlopacific.com, eshipd2d.com websites and Forex VIP membership are also governed by the agreements listed and linked to below, as well as all other applicable terms, conditions, limitations, and requirements on the forexcargo.us website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Forex VIP membership, you accept these terms, conditions, limitations and requirements.
Conditions of Use
Forex VIP Membership Eligibility
Forex VIP is open to customers of Forex Cargo Inc. and its affiliates, of at least 18 years of age. Forex VIP membership is confirmed through email with a unique Forex VIP membership number which will be found upon logging in with Forex VIP credentials such as email and password.
Forex VIP Benefit Discount Eligibility on Forex Products & Services
Forex Balikbayan Box Benefit Discount Eligibility
To be eligible for Forex VIP benefit discount on balikbayan boxes, the sender’s name and email address must match the name and registered email address of the Forex VIP member. In some cases, the Forex VIP membership number will be asked. Forex VIP benefit discount on Balikbayan Box cannot be combined with any other promotion.
Forex Online Shopping Benefit Discount Eligibility
To be eligible for Forex VIP benefit discount on Forex Online Shopping boxes, the sender’s name and email address must match the name and registered email address of the Forex VIP member. In some cases, the Forex VIP membership number will be asked. Forex VIP benefit discount on Forex Online Shopping Box cannot be combined with any other promotion.
CarloPacific.com Discount Benefit Eligibility
To be eligible for Forex VIP benefit discount on purchases on CarloPacific.com, the buyer’s name and email address must match the name and registered email address of the Forex VIP member. In some cases, the Forex VIP membership number will be asked. Forex VIP discount benefit on CarloPacific.com cannot be combined with any other promotion. Products eligible for Forex VIP discount on CarloPacific.com depend upon inventory availability, order deadlines, and in some cases, the shipping address. We may exclude products with special characteristics within our discretion.
eShipD2D.com Benefit Discount Eligibility
To be eligible for Forex VIP benefit discount on the use of eSHIPd2d.com service, the customer’s name and email address must match the name and registered email address of the Forex VIP member. In some cases, the Forex VIP membership number will be asked. Forex VIP discount benefit on eShipD2D.com cannot be combined with any other promotion. With eShipD2D, you can have your items picked up from Metro Manila and Greater Manila areas and have it delivered to anywhere in the Philippines, including hard-to-reach locations. Greater Manila covers Laguna, Cavite, Rizal, Bulacan, Pampanga, Batangas, Tarlac & Nueva Ecija.
Non-Forex VIP Benefit Eligibility
To be eligible for non-Forex VIP benefits, the buyer’s name when purchasing the non-Forex products and email address must match the name and registered email address of the Forex VIP member. In some cases, Forex VIP membership number will be asked. Additional requirements may be asked depending on the Forex VIP partner’s discretion.
Forex VIP Fees and Renewal
The membership fee for Forex VIP is stated in the Forex VIP FAQ pages. From time to time, we may offer different membership terms, and the fees for such membership may vary. The Forex VIP membership fee is non-refundable.
- We reserve the right to accept or refuse membership in our discretion.
- We may send you an email and other communications related to Forex VIP and your Forex VIP membership (regardless of any settings or preferences related to your Forex VIP account).
- You may not transfer or assign your Forex VIP membership or any Forex VIP benefits related to Forex products and services, such as Balikbayan Box, Forex Online Shopping, CarloPacific.com and eShipD2D.com.
- Forex VIP members are not permitted to use their Forex VIP benefits for commercial purposes.
- Some Forex VIP benefits may require certain transaction or purchase thresholds, have quantity or shipping address limitations, or require Forex VIP members to meet specified criteria in order to access them.
- From time to time, Forex Cargo Inc. may choose in its sole discretion to add or remove Forex VIP membership benefits.
- Forex VIP is not available to Forex Cargo, Inc. business units and agents.
Forex VIP Membership Cancellation
Forex VIP members can cancel their membership at any time. Cancellation must be made in writing with an email sent to email@example.com. Once Forex VIP membership is canceled, Forex VIP member will no longer have access to any Forex VIP benefits immediately. However, they will be able to use non-Forex service availed through the Forex VIP program, prior to cancelation request, depending on the validity of the non-Forex service.
Forex VIP Agreement Changes
We may in our discretion change these Terms, forexcargo.us’ Conditions of Use and Privacy Notice, carlopacific.com’s Conditions of Use and Privacy Notice, eshipd2d.com’s Conditions of Use and Privacy Notice, or any aspect of Forex VIP membership, without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Termination by Us
We may terminate your Forex VIP membership at our discretion without notice. We will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Forex VIP membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN FOREXCARGO.US’ CONDITIONS OF USE, CARLOPACIFIC.COM’S CONDITIONS OF USE, ESHIPD2D.COM’S CONDITIONS OF USE, OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR FOREX VIP MEMBERSHIP.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND FOREX CARGO, INC. HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Forex Cargo, Inc. agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Forex VIP (including any claim or dispute between you and any of the Forex services and non-Forex services) which relate in any way to or arises out of this or previous versions of Forex VIP Terms, your use of or access to the Services, the actions of Forexcargo.us, CarloPacific.com, eShipD2D.com, Forex VIP and its partners, or any products or services related to Forex VIP benefits, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
a) Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Forex Cargo, Inc., except as otherwise stated in the User Agreement.
b) Agreement to Arbitrate
You and Forex Cargo Inc., each agree that any and all disputes or claims that have arisen, or may arise, between you and Forex Cargo Inc. (including any disputes or claims between you, Forexcargo.us, CarloPacific.com, eShipD2D.com and Forex VIP partners, that relate in any way to or arise out of this or previous versions of the Terms, your use of or access to Forex VIP Services, the actions of Forex Cargo Inc., Forexcargo.us, CarloPacific.com, eShipD2D.com, or its Forex VIP partners, or any products or services sold, offered, or purchased through ForexCargo.us or CarloPacific.com’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
- Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND FOREX CARGO, INC. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND FOREX CARGO INC. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and Forex Cargo Inc.’s right to appeal the court’s decision. All other claims will be arbitrated.
- Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute. Forex Cargo, Inc. will send any Notice to you to the physical address we have on file associated with your Forex VIP account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Forex Cargo, Inc. are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Forex Cargo, Inc. may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s Site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Forex Cargo, Inc. In the event Forex Cargo, Inc. initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Forex VIP account. Any settlement offer made by you or Forex Cargo, Inc. shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Forex Cargo, Inc. may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Forex Cargo, Inc., subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Forex Cargo, Inc., may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Forex VIP member to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Forex Cargo, Inc. will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Forex Cargo, Inc. should be submitted by mail to the AAA along with your Demand for Arbitration and Forex Cargo, Inc. will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Forex Cargo, Inc. for all fees associated with the arbitration paid by Forex Cargo, Inc. on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions in “Prohibition of Class and Representative Actions and Non-Individualized Relief” section of this Agreement to Arbitrate, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
- Opt-Out Procedure
IF YOU ARE A NEW FOREX VIP MEMBER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE (“OPT-OUT”) BY MAILING US A WRITTEN OPT-OUT NOTICE (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO FOREX CARGO, INC.
- Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or Site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Forex Cargo, Inc. prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Forex Cargo, Inc. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on Forexcargo.us at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.
c) Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Forex Cargo, Inc. must be resolved exclusively by a state or federal court located in Los Angeles County, California. You and Forex Cargo, Inc. agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
d) Sanctions and Export Policy
You may not use any Forex Cargo, Inc. Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Forex Cargo, Inc. Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Forex Cargo, Inc., Forexcargo.us, CarloPacific.com, eShipD2D.com software), technology, and services.