- Introduction
- This platform (hereinafter referred to as the "Platform") is operated by Buyandship Limited and/or its affiliates. These terms of use cover your access to or use of the Platform as well as any other media form, media channel, mobile platform or mobile application related to, linked to or otherwise connected to the Platform (collectively referred to as the "Platforms"). Throughout all the Platforms, the words "we", "us" refer to Buyandship Limited and/or its affiliates. We provide you with access to the Platforms, including but not limited to all information, tools, products and services available on the Platforms, on the condition that you accept all the terms, conditions, policies and notices stated here.
- By visiting our Platform and purchasing services and/or goods, you engage in our "Services" and acknowledge that you have read, understood and agree to be bound by the following terms and conditions, including those additional terms, conditions and policies referenced herein and/or available by hyperlink (the "Terms of Use" or "Terms"). These Terms of Use apply to all users of the Platforms, including without limitation browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to all the terms and conditions of these Terms of Use, then you are expressly prohibited from using the Platforms and/or engaging in any Services, and you must immediately discontinue such use and/or engagement.
- The information or any Services provided on the Platforms is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platforms or use any Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- All Platforms are designed for users who are at least 18 years old. All minor users (generally referring to minors under the age of 18) must obtain permission from their parents or guardians in their jurisdiction and accept their direct supervision to use the Platforms. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to your use of the Platforms.
- If you hold a valid credit card, you may sign up for the subscription service (as defined below). Your credit card information will be saved in your account. You can add and save information of more than one (1) credit card to your account.
- If there is any inconsistency or ambiguity between the English version and the Chinese version of these Terms of Use, the English version shall prevail.
- Contact Information
For any questions, complaints, or further information regarding the Platforms, Services or products provided on the Platforms (hereinafter referred to as the "Products"), please contact us via email at: [email protected]
- Changes to the Terms of Use
- Supplementary terms and conditions or documents that may be posted on the Platforms from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platforms after the date such revised Terms of Use are posted.
- The information, Services and Products provided on the Platforms are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
- User Representation, Warranties and Undertakings
- You may be required to register on the Platforms. You agree to keep your password confidential and shall be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable (if applicable).
- In using the Platforms, you represent, warrant and undertake that:
- All registration information you submit will be true, accurate, current, and complete;
- You will maintain the accuracy of such information and promptly update such registration information as necessary;
- You have the legal capacity and you agree to comply with these Terms of Use;
- You are not under the age of 18;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platforms and you must have your parent or guardian read and agree to these Terms of Use prior to your use of the Platforms;
- You will not access the Platforms through automated or non-human means, whether through a bot, script, or otherwise;
- You will not use the Platforms for any illegal or unauthorized purpose;
- Your use of the Platforms will not violate any applicable law or regulation.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platforms or any Services, use of the Platforms or Services, access to the Platforms or Services, or any contact on the Platforms through which the Services is provided, without express written permission by us
- If you breach any of these representations, warranties or undertakings, we have the right to terminate or suspend your account, and refuse current or future access for you to the Platforms (or any portion thereof).
- Products and Services
- The Services provided by us on the Platforms include the transportation service (hereinafter referred to as "Transportation Services"), the shopping service (hereinafter referred to as "Shopping Services") and subscription plan (hereinafter referred to as "Subscription Services").
- We have made every effort to display as accurately as possible the colors, images, features, specifications and details of the Products on the Platforms. However, we do not guarantee that the colors, images, features, specifications and details of the Products will be accurate, complete, reliable, current, or free of any errors, nor do we guarantee that your electronic display screen will accurately reflect the actual colors and details of the Products.
- We reserve the right to limit our Services to any person, geographic region or jurisdiction, but have no obligation to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities and/or availability of any Products or Services that we provide. All descriptions of Services and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Services at any time. Any offer for any Services made on the Platforms is void where prohibited by applicable laws or regulations.
- We do not warrant that the quality of any Products, Services, information, or other material obtained by you through the Platforms will meet your expectations.
- We will make every effort to ensure that the Services displayed on the Platforms are available. However, all Services are subject to availability and we cannot guarantee their availability. All orders are subject to confirmation of final availability and we reserve the right to decline any order if any requested Services is not available.
- You agree that we may from time to time terminate, remove or cancel any Services for any period of time for any reason without prior notice to you.
- With respect to the Transportation Services, we shall not be responsible for any defects, violations of any intellectual property laws, or breaches of the prohibitive situations specified in Clause 7.
- With respect to the Transportation Services, we will use reasonable efforts to deliver parcels in accordance with our normal delivery schedules but these schedules are not guaranteed and do not form part of the contract. Delivery times may be affected by many factors, including but not limited to peak periods, poor weather or excess volumes. We are not liable for any damages or losses resulting from delays.
- Prohibited Uses
- In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Platforms or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platforms, Services or of any related platform, other platforms, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Platforms, Services or any related platform, other platforms, or the Internet.
We reserve the right to terminate your use of the Platforms, Services or any related platform for violating any of the prohibited uses.
- You are not permitted to access or use the Platforms for any purpose other than that for which we make the Platforms available. The Platforms may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
- As a user of the Platforms, you agree not to:
- Systematically retrieve data or other content from the Platforms to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- Make any unauthorized use of the Platforms, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Circumvent, disable, or otherwise interfere with security-related features of the Platforms, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platforms and/or the content contained therein;
- Engage in unauthorized framing of or linking to the Platforms;
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- Make improper use of our support services or submit false reports of abuse or misconduct;
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
- Interfere with, disrupt, or create an undue burden on the Platforms or the networks or services connected to the Platforms;
- Attempt to impersonate another user or person or use the username of another user;
- Sell or otherwise transfer your profile information to any other person or entity;
- Use any information obtained from the Platforms in order to harass, abuse, or harm another person;
- Use the Platforms as part of any effort to compete with us or otherwise use the Platforms and/or the content for any revenue-generating endeavor or commercial enterprise;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platforms;
- Attempt to bypass any measures of the Platforms designed to prevent or restrict access to the Platforms, or any portion of the Platforms;
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platforms to you;
- Delete the copyright or other proprietary rights notice from any content;
- Copy or adapt the Platforms' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platforms or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platforms;
- Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMs");
- Use any automated system, including without limitation, any spider, robot, cheat tool, crawler or offline reader, to access the Platforms or use or launch any unauthorized script or other software, except for the results obtained by using any standard search engine or internet browser;
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platforms; or
- Use the Platforms in a manner inconsistent with any applicable laws or regulations.
- Advertisers
We may allow advertisers to display their advertisements and other information in certain areas of the Platforms, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Platforms and any services or products provided or sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platforms, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and have no other relationship with advertisers.
- Mobile Application License
- If you access the Platforms or use any Services through a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
- You agree that you will not:
- Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
- Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
- Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
- Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
- Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
- Use the application to send automated queries to any platform or to send any unsolicited commercial e-mail; or
- Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
- Compliance with Apple App Store and Google Play Store Terms
When accessing the Platforms and Services through a mobile application obtained from the Apple Store or Google Play (each an "App Distributor"), the following terms apply:
- The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service.
- We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application.
- In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other obligation whatsoever with respect to the mobile application.
- You represent and warrant that:
- you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and
- you are not listed on any U.S. government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the mobile application.
- You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
- If we reasonably determine that any applicable terms of any App Distributor, including but not limited to any applicable rules, regulations, notices, policies or guidance require or will require us to incur material costs in order to comply with the change, or will prohibit us from fulfilling material obligations under these Terms of Use and other policies ("Terms Changes"), we may modify any terms of these Terms of Use, policies, operations, system or service codes as needed in order for us to be in compliance with the Terms Changes to the extent applicable, notwithstanding anything to the contrary or inconsistent herein. In the event that any particular Term Change requires immediate termination of these Terms of Use, these Terms of Use shall terminate as required.
- Accuracy, Completeness and Timeliness of Information
- "Information" is defined as all the information stored on or received via the Platforms.
- We expressly disclaim any liability, representations or warranties in relation to the following matters:
- The quality, operation, use, accuracy or timeliness of the Services and Products on the Platforms, or the suitability or the purposes of the Services and Products;
- Any Products or Services obtained, supplied or procured through us or according to the Information;
- The accessibility to or your access of the Platforms or Information will be uninterrupted or error-free, or the Information does not contain any viruses, contamination or destructive;
- The Information will not be offensive or objectionable to you or to any other persons; and
- Any errors, omissions or misstatements in the Information or for any errors, omissions or misstatements arising as a result thereof. We do not endorse or recommend any persons, organizations, names, products or services mentioned in the Information and the Information does not represent our views or opinions. We will not be involved in any way in any transaction between you and any third party in relation to or through the Information, unless otherwise expressly stipulated in writing.
- We will make every effort to ensure that any Services and Products prices and details on the Platform remain current. Prices are subject to change without notice and all orders are subject to acceptance, based on our acceptance criteria and availability, at our discretion.
- We are not responsible for any inaccurate, incomplete or untimely Information. The materials on the Platforms are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platforms is at your own risk.
- The Platforms may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
- We reserve the right to modify the contents of the Platforms at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Platforms.
- There may be certain information on the Platforms or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platforms or Services or on any related platform is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information on the Platforms or Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platforms or Services, should be taken to indicate that all information on the Platforms or Services has been modified or updated.
- The Platforms may contain (or you may be sent via the Platforms or Services) links to other platforms ("Third-Party Platforms") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). We are not responsible for investigating, monitoring, or checking for accuracy, appropriateness, or completeness of any Third-Party Platforms or Third-Party Content. We are not responsible for any Third-Party Platforms accessed through the Platforms or any Third-Party Content posted on, available through, or installed from the Platforms, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Platforms or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Platforms or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platforms and access the Third-Party Platforms or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any platform to which you navigate from the Platforms or relating to any applications you use or install from the platform. Any purchases you make through Third-Party Platforms will be through other platforms and from other companies, we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Platforms and you shall hold us harmless from any harm, loss or damage caused by your purchase of such products or services, any resources, content, or with any other transactions made in connection with any Third-Party Platforms. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Platforms. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.
- Content
- Unless otherwise indicated, each of the Platforms is our proprietary property and all source code, databases, functionality, software, platform designs, audio, video, text, photographs, and graphics on the Platforms (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws of Hong Kong, international copyright laws, and international conventions. The Content and the Marks are provided on the Platforms "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platforms and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission, as these acts shall constitute infringement of relevant parties' intellectual property rights.
- Subject to your eligibility to use all the Platforms, we grant you a limited license to access and use the Platforms and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platforms, the Content and the Marks.
- We may, and shall, if requested, require you to destroy any information belonging to our intellectual property within two (2) working days and provide relevant proof of compliance.
- User Comments and Feedback
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platforms, Services or any related platform. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Platforms, Services or Products provided by you to us (hereinafter "Submissions") are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions and you shall not claim any compensation against us for use of your Submissions or infringement of proprietary interests.
- User-Generated Contributions
- The Platforms may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platforms, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Platforms, Services, Products, and through third-party platforms. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platforms, and other users of the Platforms to use your Contributions in any manner contemplated by the Platforms and these Terms of Use;
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platforms and these Terms of Use;
- Your Contributions are not false, inaccurate, or misleading;
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
- Your Contributions do not violate any applicable law, regulation, or rule;
- Your Contributions do not violate the privacy or publicity rights of any third party;
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
- Any use of the Platforms or Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Platforms and Services.
- Contributions License
- By posting your Contributions to any part of the Platforms or making Contributions accessible to the Platforms by linking your account from the Platforms to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
- This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
- We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Platforms. You are solely responsible for your Contributions to the Platforms and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
- We have the right, in our sole and absolute discretion, to edit, redact, delete or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on the Platforms; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. You are responsible, and We do not take any liability, for your Contributions in whatever circumstances whether or not we are aware of your Contributions.
- Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Platforms infringes upon any copyright you own or control, please immediately notify us using the contact information provided above (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Platforms infringes your copyright, you should consider first contacting an attorney.
- Site Management
We reserve the right, but not the obligation, to:
- Monitor the Platforms for violations of these Terms of Use;
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
- In our sole discretion and without limitation, notice, or liability, remove from the Platforms or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- Otherwise manage the Platforms in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platforms and Services.
- Limited Liability
- We do not guarantee, represent or warrant that your use of the Platforms, Services and Products will be uninterrupted, timely, secure
- To the fullest extent permitted by applicable law, in no event will we, our affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Platforms, the Services, any Products, any platforms linked to them, any content on the Platforms, Services or such other platforms, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. This applies whether or not we are advised beforehand of the possibility of such damages.
- To the fullest extent permitted by applicable law, neither we nor our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Platforms, Services or any Products procured using the Services, or for any other claim related in any way to your use of the Platforms, Services or Products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platforms, Services or Products, or any content (or product) posted, transmitted, or otherwise made available via the Platforms or Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree that in no event shall we be liable for any delay or failure in performance, loss, damage or expense arising from causes beyond our reasonable control, including without limitation, Internet failures, telecommunications service provider failures, third party service providers, acts of God, or governmental actions.
- By using the Transportation Services, you agree that we shall not be liable for any loss in case of any loss, damage, delay, misdelivery, non-delivery, misinformation or failure to provide information due to any of the following incidents. We do not accept liability for any direct, indirect or consequential losses, including but not limited to loss of revenue, profits, markets or opportunity. These incidents include:
- Non-delivery or loss as a result of inaccurate information provided during registration, invalid tracking numbers, no records of entry, items lost or misrouted, or alternative instructions given verbally or in writing by you, the sender or receiver;
- Failure, acts or omissions of any persons not employed or contracted by us, including but not limited to government clearance, buying agents, third party transportation operations, customs hold of packages, receiver refusing packages, package protection, insurance, transshipment or storage issues;
- Any contents loss or damage when the package is sealed and there is no visible damage to the packaging, and, the recipient did not submit written claims for package damage in accordance with our relevant policy;
- Delays arising from your failure to timely confirm or pay duties and taxes;
- Additional costs arising from repeated delivery attempts due to invalid or incomplete addresses, and/or our inability to contact the receiver;
- Natural disasters including but not limited to earthquakes, typhoons, tornadoes, hurricanes, floods, fog, fire, disease, snow, frost or geological disasters;
- Unforeseeable circumstances including but not limited to strikes, riots, war, airplane crash, embargo, insurgency, civil commotion, industrial actions, termination or interruption of communication or transportation, mechanical failure, and electrical or magnetic damage or erasure of electronic or photographic images, data or recordings;
- The negligence of third parties including but not limited to the negligence of customs, transportation companies or government agencies;
- Declared or suspected discrepancies between the actual value, weight or content of a package and the declared;
- Any acts in breach of these Terms of Use or any other conditions whereunder we shall be entitled to temporarily or permanently suspend our Services.
- In the above events, we will arrange delivery in a reasonable manner. However, we are under no obligation to notify you and do not accept liability for any delay.
- Interruption to Platforms
We cannot guarantee the Platforms will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platforms, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platforms at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platforms during any downtime or discontinuance of the Platforms. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platforms or to supply any corrections, updates, or releases in connection therewith.
- Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or to your public harmful conducts to any other users through any Platforms linked to ours. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
- Fraudulent Activities and Illegal Acts
- If we reasonably determine that any items received on your behalf are the result of fraudulent activity, involve restricted or prohibited business, or involve any illegal acts under applicable laws, we reserve the right to take any actions we deem necessary without further notice to you or any other parties, including but not limited to archiving your account, returning the items to the merchant or sender, marking the items as restricted to prohibit delivery, seizing the items, and/or reporting such activities to customs authorities, any governing bodies, government office or any local enforcement authorities globally including but not limited to where you reside.
- If we reasonably determine that your transactions are the result of fraudulent activity, involve restricted or prohibited business, or involve any illegal acts under applicable laws, we reserve the right to take any actions we deem necessary without further notice to you or any other parties, including but not limited to suspending the transactions, seizing the items and/or investigating and reporting to customs authorities, any governing bodies, government office or any local enforcement authorities globally.
- Information About You and Your Visits to the Platforms
We care about data privacy. Please review our Privacy Policy which is incorporated into these Terms of Use by this reference. By using the Platforms or Services, you agree to be bound by our Privacy Policy.
- Anti-Money Laundering and Counter-Terrorist Financing Policy
- You are responsible to keep your own account and contact information up-to-date at all times. Any account that is found to contain incorrect and/or outdated information may be suspended.
- It is our policy to prohibit and actively prevent money laundering and any activity that facilitates money laundering or the funding of terrorist or criminal activities. We are committed to anti-money laundering compliance and require our directors, officers and employees to adhere to these standards in preventing use and purchase of our Services or Products.
- Modifications and Interruptions to Services
- We reserve the right to change or discontinue any Services (or any part or content thereof) without notice at any time. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any Services.
- We may temporarily suspend the provision of any Services to you without further notice, including without limitation, services provided to you based on your telephone number, email address or IP address.
- Termination of Services
- These Terms of Use shall remain in full force and effect while you use the Services unless terminated by either you or us. You may, at any time, terminate these Terms of Use with us when you discontinue using our Services or when you stop using the Platforms.
- We may also terminate the agreement under these Terms of Use at any time without further notice if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services and the Platforms (or any part thereof).
- These Terms of Use shall remain in full force and effect during your use of the Platforms, Services or Products. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platforms and the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Platforms or the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- Severability
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.
- Right of Set-Off
We may at any time set off any of your payment obligations, whether present or future, liquidated or unliquidated, against any of our payment obligations to you, whether arising under these Terms of Use or not. If the obligations are in different currencies, we may convert either obligation at a market rate of exchange for the purpose of set-off. Our right of set-off includes without limitation setting off any amounts payable to us from any amounts receivable by you in any of your accounts with us.
- Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong. You and we both irrevocably agree that the courts of Hong Kong shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms of Use.
- Dispute Resolution
You agree that any dispute related in any way to these Terms of Use or any relationship created by these Terms of Use shall be submitted to the jurisdiction of the courts in Hong Kong, which agreement shall be irrevocable. We will reserve the right to commence an action in the courts of the country in which you reside or, if these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
- Electronic Communications, Transactions and Signatures
An electronic communication include but is not limited to accessing any Platform, sending emails to us and completing online forms. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically via email and on the Platforms, satisfy any legal requirement that such communications be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
- Mobile Application License
- Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
- These Terms of Use and any policies or operating rules posted by us on the Platforms or in respect to the Platforms, Services and Products constitute the entire agreement and understanding between you and us and govern your use of the Platforms, Services and Products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
- These Terms of Use are subject to the additional terms and conditions of any relevant contracts providing the Services and/or Products. In the event of any conflict or inconsistency between these Terms of Use and the additional terms and conditions, the latter shall prevail.
- These Terms of Use shall be effective to the fullest extent permitted by law. We may assign our rights and obligations to others at any time.
- There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Platforms.
- Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.