(Last update date: 2023-10-31)
- Neither the information provided on any of the Sites nor the provision of any of the Services is 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 would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access any of the Sites or use any of the Services from other locations do so on their own initiative and shall be solely responsible for their compliance with local laws, if and to the extent that such local laws are applicable.
- You can sign up for the Subscription Services (as defined below) if you are a holder of a valid credit card. The information on your credit card would be saved on your account. You may add and save the information of more than one (1) credit card to your account.
In order to address any question or complaint or to receive further information regarding any of the Sites, the Services or the products available on the Sites (the “Products”), please contact us at email@example.com.
Users’ Representations, Warranties and Undertakings
- You may be required to register with any of the Sites. 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 (if any) you select if we determine, at our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
By using any of the Sites, you represent, warrant and undertake that:
- all registration information you submit is true, accurate, current and complete;
- you will maintain the accuracy of such information and promptly update such registration information as necessary;
- 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 Sites;
- you will not access any of the Sites through automated or non-human means, whether through a bot, script or otherwise;
- you will not use any of the Sites for any illegal or unauthorized purpose; and
- your use of any of the Sites will not violate any applicable law or regulation.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites and the Services, use of the Sites and the Services or access to the Sites and Services or any contact on any of the Sites through which any of the Services is provided, without an express written permission from us.
- If you are in breach of any of the representations, warranties or undertakings herein, we have the right to terminate or suspend your account and refuse any and all your current or future use of any of the Sites (or any portion thereof).
Products and Services
- The Services we offer on any of the Sites include shipping services (the “Shipping Services”), shopping services (the “Shopping Services”) and a subscription plan (the “Subscription Services”).
- We make every effort to display as accurately as possible the colors, images, features, specifications and details of the Products. 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 and your electronic display will accurately reflect the actual colors and details of the Products.
- We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. 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 offer. All suppliers, descriptions and pricings of the Services 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 of the Services is not capable of being accepted where it is prohibited under any applicable law or regulation.
- We do not warrant that the quality of any Products, Services, information or other material purchased or obtained by you through any of the Sites will meet your expectations.
- We shall make every effort to ensure that the Services displayed on any of the Sites are available. All of the Services, however, are subject to availability and we cannot guarantee that they will be available. All orders are subject to confirmation of final availability and we reserve the right to reject any order if any of the Services requested is unavailable.
- You agree that from time to time we may discontinue, remove or cancel any of the Services for any indefinite period at any time for any reason, without notice to you.
- In relation to the Shipping Services, we shall not be held responsible if the products are defective, in violation of any intellectual property laws or prohibited under Section 7.
- In relation to the Shipping Services, we make every reasonable effort to deliver the parcels according to our regular delivery schedules, but these are not guaranteed and are not binding. Delivery time may be affected by, including, without limitation, peak seasons, adverse weather or overwhelming orders. We shall not be liable for any damages or losses caused by any delay.
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, national, 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 any of the Sites, the Services or any related website, other websites 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 any of the Sites, the Services or any related website, other websites or the Internet.
We reserve the right to terminate your use of any of the Sites, the Services or any related website for violating any of these prohibited uses.
- You may not access or use any of the Sites for any purpose other than that for which we make them available. These Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of any of the Sites, you agree not to:
- systematically retrieve data or other content from any of the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory without an express written permission from us;
- make any unauthorized use of any of the Sites, including, without limitation, 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 any of the Sites, including, without limitation, features that prevent or restrict the use or copying of any content or enforce limitations on the use of any of the Sites and/or the content contained therein;
- engage in unauthorized framing of or linking to any of the Sites;
- trick, defraud or mislead us or any of the users of the Sites, especially in any attempt to obtain 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 any of the Sites or the networks or services connected to any of the Sites;
- attempt to impersonate another user or person or use the username of another user;
- sell or otherwise transfer your profile to any third party;
- use any information obtained from any of the Sites in order to harass, abuse or harm another person;
- use any of the Sites as part of any effort to compete with us or otherwise use any of the Sites and/or the content therein 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 any of the Sites;
- attempt to bypass any measures of any of the Sites designed to prevent or restrict access to any of the Sites, or any portion of any of the Sites;
- harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of any of the Sites to you;
- delete the copyright or other proprietary rights notice from any content;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including, without limitation, excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of any of the Sites or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of any of the Sites;
- 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”);
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses any of the Sites, or uses or launches any unauthorized script or other software;
- disparage, tarnish or otherwise harm, in our opinion, us and/or any of the Sites; or
- use any of the Sites in a manner inconsistent with any applicable laws or regulations.
In relation to the provision of the Services, we will not accept or deliver the following items:
- goods that are classified as hazardous material, non-approved dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Agreement Concerning the International Carriage of Dangerous Goods by Road), DOT (United States Department of Transport), USPS (United States Postal Service), UPU (Universal Postal Union) and any applicable government department or other relevant organization, including, without limitation, the United States Export Controls;
- hazardous goods;
- any goods that are prohibited or restricted, in particular, any export, import or customs law provisions of the countries, states or region of origin, destination or transit;
- any goods listed in the third-party service providers’ restrictions;
- any worms or viruses or any code of a destructive nature;
- any goods we considered inappropriate; or
- any goods in the Prohibited Items Catalog.
Examination of Parcel
- In relation to the Shipping Services, we have the right to open the parcel and inspect the products without prior notice to you. However, we do not have the obligation to examine the products. The examination result has no guarantee to the quality and authenticity of the products, or whether or not the products violate a statutory authority’s prohibition, in particular, the law of the countries of origin, destination or transit.
Our shipping requirements may vary for each warehouse, destination country and delivery method. You may find the relevant restrictions on the following sites:
- Pricing Page: https://www.buyandship.in/pricing/
- Prohibited Items Catalog: https://www.buyandship.in/restrictions/#all
- Self-pickup Location: https://www.buyandship.today/en/redemption-centres/
- Warehouse: https://www.buyandship.in/account/v2020/warehouse/
- Delivery Method: https://www.buyandship.in/account/v2020/warehouse/
- In accordance with our latest shipping requirements, we may alter the packaging, delay the shipment or refuse to provide the Shipping Services until you provide us with a declaration, deposit or any other document(s) requested by us.
- We can inform the police, customs or any related law enforcement if, during the examination, we suspect the content may violate a statutory authority’s prohibition, in particular, the law of the countries of origin, destination or transit.
- We shall not be responsible for any losses and damages incurred due to the examination, if any, conducted by, or at the request of, any statutory authority.
Lost or Damaged Shipments
- We shall not be liable for any losses, costs nor expenses attributable to or related to products not accepted or received by any of our warehouses.
- We shall not be responsible for the quantity or quality of the products inside the parcel, nor any losses or damages caused by any defective or inadequate packaging.
- We shall not be responsible for anything that happened to the parcel before it arrives at our warehouse, including, without limitation, any losses incurred due to the non-delivery, delay or damage of the parcel by other delivery agents. We shall also not be responsible for any and all defects in the products unless, subject to our Parcel Protection Policy, the same have been caused by our direct acts or omissions.
- We shall make every effort to prevent losses and/or damages to the parcel during our delivery. Any loss or damage to your package directly and materially caused by us will be reimbursed according to our Parcel Protection Policy. For all information and details concerning lost or damaged shipments, please refer to our Parcel Protection Policy.
- Any loss or damage to your order, good or product directly and materially caused by us will be reimbursed according to our Parcel Protection Policy. For all information and details concerning such loss or damage, please refer to our Parcel Protection Policy.
Purchase and Payment
- You will be notified of the fee payable at the time of payment for the applicable Services and/or Products. You agree that you fully understand all the terms of your payment for any of the Services and/or Products before proceeding to payment, and once payment is made, you are not allowed to cancel payment, change the request, requested items or payment method.
- Payment shall be made by: (a) a credit card registered under your name; or (b) any other form of payment method accepted by us from time to time (each a “Payment Method”).
- You agree to provide current, complete and accurate purchase and account information for all purchases made via any of the Sites. You further agree to promptly update account and payment information, including email address, payment method, payment card number and expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.
- You agree to pay all charges at the prices then in effect for your purchases, shipping fees, taxes, duties and any other applicable fees and charges, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- You shall be responsible for ensuring that your Payment Method and information are current and correct. If we are unable to debit your Payment Method on any date when a fee is due, whether because of insufficient funds or otherwise, your order for any of our Products and/or Services will be cancelled immediately and you will need to purchase the relevant Products and/or Services again in order to receive the Products and/or Services.
- You understand and agree that we shall not be liable in any way for erroneous billing statements or incorrect charges, and that in the event of a billing error that is caused by us, our only responsibility is to correct such billing error within a reasonable time of us receiving notice of the error.
- You warrant that you are duly authorized to pay the applicable fee using the Payment Method, without infringement of any third party rights.
In respect of the billing cycle:
- For a monthly plan, your plan has a billing cycle of one (1) month.
- For an annual plan (or such other duration as may be available), your billing cycle will start from the date of your subscription where upfront payment has been made.
- You agree that your subscription period is based on the plan period selected during signup and will be automatically renewed at the end of your billing cycle unless it is cancelled or terminated in accordance with these Terms.
- By purchasing the Subscription Services, you acknowledge and agree that you are entering into an auto-renewal subscription agreement. For the avoidance of doubt, this means that we will first bill you for the subscription fee on the date that you subscribe to your plan. Thereafter, we will automatically charge the subscription fee using the Payment Method on the last day of the then-current billing cycle, unless and until you cancel your plan, change your Payment Method or we suspend or terminate such Services in accordance with these Terms.
- We may offer discounts, promotions or other forms of preferential pricing on the Subscription Services from time to time. Such preferential pricing shall apply only during the specified period, as stated in our communications to you. At the end of the specified period, you shall be automatically charged with the then-current subscription fee for your plan. You must cancel your plan before the expiration of the specified period if you do not wish to be charged at the then-current subscription fee.
Refunds, Cancellations and Disposal
Shipping ServicesShopping ServicesSubscription Services
- All transactions on all the Sites are final and non-refundable.
- Except as described in our Parcel Protection Policy, we do not offer any refunds or cancellations. Please contact us to resolve a complaint or to receive any further information regarding refunds and cancellations.
- We shall not be responsible for any errors of the merchants in the fulfillment of orders or otherwise. You will have to make arrangements with the merchant for any returns, refunds or exchanges of items directly in accordance with the merchant’s terms and policies, including, without limitation, their policies on return fees.
Any parcel will be considered abandoned under any of the following circumstances:
- any parcel contains any good(s) on the Prohibited Items Catalog;
- any parcel contains any good(s) considered to be of high risk for any reason;
- any parcel remains undeclared for more than thirty (30) days;
- any parcel remains unclaimed for more than the applicable period (if any) and thirty (30) days from our receipt; or
- you fail to rearrange delivery with the courier in case of any failure of the arranged delivery.
- Once your parcel is considered abandoned, we may dispose of the product(s) in accordance with applicable provisions of law and, specifically may sell the product(s) at a private or public sale to pay for any outstanding fee for the Service(s) performed by us. We reserve our statutory and any other lawful liens for unpaid charges. We will not offer any refunds on parcels considered abandoned.
- For more details, please refer to our Parcel Protection Policy.
- We will only accept requests to cancel or refund orders if the item(s) requested are out of stock, on backorder, unavailable or undeliverable.
- We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You can cancel your subscription under “My Subscription” at any time once you log into your registered account.
- If you cancel your subscription after the billing date, your subscription will remain effective and you will continue to be able to use your benefits until the end of your then-current billing cycle. Your auto-renewal subscription will automatically terminate at the end of the then-current billing cycle.
- We will not make any partial or full reimbursements for subscriptions cancelled prior to the end of your current billing cycle.
Credit, Referral Program and Code
- We may offer or sell credits which can be used to pay for purchases in relation to the Shipping Services and/or Shopping Services (as the case may be). Your credit balance will be shown under “My Credit” once you are logged in to your registered account.
We may, at our sole and absolute discretion, exercise the right to limit the use of any credits, refund the credits contained in your account to your bank account, and/or cancel your credits in your account, in any of the following events:
- if we reasonably believe that the use of your account is in breach of these Terms, unauthorised, fraudulent or otherwise unlawful;
- the aggregate amount of credits held by you, directly or indirectly, alone or together with any person over whom you have control or influence, is in breach of the prevailing laws and regulations; or
- any other situations that we may deem appropriate.
- Your credits are only valid for the specified period stated in the relevant terms and conditions at the point of purchase and/or allocation (the “Expiry Date”). The expiry date set out in your account shall serve as conclusive evidence of the Expiry Date of your credits. Thereafter, the credits shall be deemed expired and will be cancelled immediately and without further notice. We reserve the right to deal with the expired credits in such manner as we may deem fit at our absolute discretion and may, at our discretion from time to time, vary the Expiry Date. You hereby agree that you will have no claim whatsoever against us for any expired credits. For the avoidance of doubt, any such expired credits are non-refundable.
- Credit does not accrue interest, nor does it have any cash value. Credit may not be exchanged for cash.
- If the credit in your account or under the Code (as defined below) is insufficient for the order you wish to place, you are required to pay the difference using the Payment Method.
- We reserve the right to impose limits on your use of the credits from time to time, including the amount of value you may load into your account at any one time and the aggregate value loaded into your account over any time period. We may also correct the balance of your account if we believe that an error has occurred. We may also, at our discretion, allocate credits to you at no cost to you (“Free Credits”), subject to any additional terms and conditions. We reserve the right to withdraw, amend and/or alter any part of or the terms and conditions of such Free Credits, at any time without giving prior notice to you or compensation in cash or in kind.
- We reserve the right, without notice to you, to void any credit without a refund, suspend or terminate any user account on the Sites, suspend or terminate your ability to make any purchase on the Sites, cancel or limit orders and bill alternative forms of payment if we suspect that any of your credits is obtained through fraudulent activities, for unauthorized commercial purposes or in violation of any of the Terms herein.
- You shall be responsible for all purchases using your credits, including, without limitation, unauthorised transactions.
Referral Program (the “Program”)
- Under the Program, existing registered users of the Sites (the “Referrer(s)”) may invite other potential new users (the “Referee(s)”) to open an account with any of the Sites. Subject to the terms and conditions below, the Referrer(s) will receive a reward in the form of credits (the “Referrer Reward”).
- The Referrer Reward will be credited to the Referrer's registered account with the Sites. If the Referrer no longer holds any registered account with the Sites at the time of crediting the Referrer Reward, the Referrer Reward will be forfeited.
- Each Referee can be referred by one Referrer only.
- The Referrers cannot refer themselves as Referees. Referrers and Referees cannot refer each other to become a new registered user.
- You shall not use or attempt to use any bot to create multiple new accounts with a false or borrowed name, false email address, false mobile number or sell any account for the purpose of acquiring the Referrer Reward.
- We may offer you from time to time certain codes containing a certain amount of credit(s) at a certain or no price (the “Code”).
- Each Code is valid for the specified period stated therein. After the specified period stated, the Code will be cancelled immediately and without further notice.
- Where a Code is used for payment of Service(s) or Product(s), if you choose to return a Product or cancel a Service, you will not be refunded with the value of the credits under such Code. However, if you have partly paid with your own funds, such portion will be refunded.
- We may, at our sole discretion, discontinue or cancel any Code previously issued and shall not be responsible for any losses arising therefrom.
Third Party Operation
- In using the Sites and our Services, you acknowledge and accept that the operation of the Sites and our Services is dependent upon the proper and effective functioning of internet services and other third-party equipment, software, parcel delivery, proxy purchase and/or parcel protection. We disclaim and do not accept any liability for these in any way.
- We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through any of the Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).
- As part of the functionality of the Sites, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Sites or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
- You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Account, you understand that
- we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Sites via your account, including, without limitation, any friend lists; and
- we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Account you choose and subject to the privacy settings that you have set in such Third-Party Account, personally identifiable information that you post to your Third-Party Account may be available on and through your account on the Sites. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Sites.
- We make no effort to review any Social Network Content for any purpose, including, without limitation, accuracy, legality or non-infringement, and we shall not be responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use any of the Sites.
- You may disable the connection between your account on any of the Sites and your Third-Party Account at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
- You can disable the connection between any of the Sites and your Third-Party Account by contacting us using the contact information above or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for the username and profile picture associated with your account.
We allow advertisers to display their advertisements and other information in certain areas of the Sites, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on any of the Sites 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 Sites, including, without limitation, intellectual property rights, publicity rights and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
- Mobile Application License
You hereby agree not to:
- 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 to create 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 website or to send any unsolicited commercial email; 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 terms of Apple App Store and Google Play StoreThe following shall apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access any of the Sites and Services:
- 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.
- Accuracy, Completeness and Timeliness of Information
- “Information” is defined as all information stored on or receivable through any of the Sites.
We expressly disclaim any responsibility, representation or warranty:
- in relation to the quality, operation, use, accuracy or timeliness of, or the fitness or use for any purpose of the Services and Products on any of the Sites;
- in relation to any Products or Services accessed, offered or obtained through us or pursuant to the Information;
- that any access to any of the Sites or the Information will be uninterrupted or error-free or that the Information does not contain any viruses nor contaminating or destructive properties;
- that the Information will not be objectionable or offensive to you or any other person; and
- for any error, omission or misstatement in or arising from the Information, we do not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute our views or opinions. We will not be a party to any transaction between you and any third person in any way relating to the Information or made through us unless otherwise and only to the extent expressly stated in writing.
- We shall make every effort to ensure that prices and details of the Services and Products on any of the Sites are up-to-date. Prices are subject to changes without prior notice and all orders are subject to our acceptance at our sole discretion and availability.
- We shall not be responsible if the Information is not accurate, complete or current. The material on any of the Sites is 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 Sites is at your own risk.
- The Sites 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 any of the Sites at any time, but we have no obligation to update any of the Information. You agree that it is your responsibility to monitor changes to any of the Sites.
- There may be information on the Sites or in the Services that contains typographical errors, inaccuracies or omissions that may relate to 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 Sites, in the Services or on any related website 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 stored on or receivable through any of the Sites, in the Services or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Sites, in the Services or on any related website should be taken to indicate that all information on the Sites, in the Services or on any related website has been modified or updated.
- Provided that you are eligible to use all the Sites, you are granted a limited license to access and use any of the Sites 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 Sites, the Content and the Marks.
- At our request at any time, you shall and shall procure any person in possession or control of any information subject to our intellectual property rights to destroy such information and provide the relevant proof of compliance in two (2) business days.
- User Comments and Feedback
- If you send certain specific submissions (including, without limitation, contest entries), 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 maintain any comments in confidence, to pay compensation for any comments or to respond to any comments.
- You agree that your comments will not violate any rights of any third party, including, without limitation, copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of any of the Sites, the Services or any related website. 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 shall be 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 any of the Sites, the Services or the Products (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including, without limitation, 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 to you or that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
- User-Generated Content
Any of the Sites 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 any of the Sites, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Sites, the Services, the Products and third-party websites. 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 any of your Contributions do not and will not infringe the proprietary rights, including, without limitation, the copyright, patent, trademark, trade secret, or moral rights of any third party;
- none of your Contributions is false, inaccurate or misleading;
- none of your Contributions is unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.;
- none of your Contributions is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us);
- none of your Contributions ridicules, mocks, disparages, intimidates or abuses any person;
- none of your Contributions is 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;
- none of your Contributions violates any applicable law, regulation or rule;
- none of your Contributions violates the privacy or publicity rights of any third party;
- none of your Contributions contains any material that solicits personal information from any person under the age of 18 or exploits any person under the age of 18 in a sexual or violent manner;
- none of your Contributions violates any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- none of Your Contributions includes any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap; and
- Contribution License
- By posting your Contribution to any part of the Sites or making your Contribution accessible to any of the Sites by linking your account on any of the Sites 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 Contribution (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise, and to prepare derivative works of such Contribution or incorporate such Contribution into other works 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 shall apply to any form, media or technology now known or hereafter developed and include our use of your name, company name, 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 each of your Contribution, and you warrant that moral rights have not otherwise been asserted in any of your Contributions.
- We do not assert any ownership over any of 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 shall not be liable for any statements or representations in your Contributions provided by you in any part on the Sites. You shall be solely responsible for your Contributions to the Sites and you expressly agree to exonerate us from any and all responsibility and to refrain from taking any legal action against us regarding your Contributions.
- We are not obliged but have the right, at our sole and absolute discretion, to edit, redact or otherwise change any Contributions, to re-categorize any Contributions to place them in more appropriate locations on the Sites 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 shall be legally liable for your Contributions and we shall not be responsible nor liable for any of your Contributions under any circumstances, regardless of whether we have knowledge of any of your Contributions.
- Copyright InfringementsWe respect the intellectual property rights of others. If you believe that any material available on or through any of the Sites infringes upon any copyright you own or control, please immediately notify us using the contact information provided above (a “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 whether a particular piece of material located on or linked to by the Sites infringes your copyright, you should consider first contacting a lawyer.
- Site ManagementWe reserve the right, but not the obligation, to
- at 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;
- at our sole discretion and without limitation, notice, or liability, to remove from the Sites 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 Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites and the Services.
- Limitation of Liability
- We do not warrant that the results that may be obtained from the use of the Sites, the Services and the Products will be accurate or reliable.
- The Sites, the Services and the Products are provided on an as-is and as-available basis. You agree that your use of any of the Sites, the Services and the Products will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Sites, the Services and the Products and your use thereof, including, without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular, purpose, durability, title and non-infringement.
We make no warranties or representations about the accuracy or completeness of the content of the Sites or any websites linked to the Sites and we assume no liability or responsibility for:
- any errors, mistakes, omissions or inaccuracies in any content and materials;
- personal injury or property damage of any nature whatsoever resulting from your access to and use of any of the Sites;
- any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from any of the Sites;
- any bugs, viruses, Trojan horses, or the like which may be transmitted to or through any of the Sites by any third party; and/or
- any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Sites.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sites, any hyperlinked website or any website or mobile application featured in any banner or other advertisement. We shall not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of any of the Products or the Services through any medium or in any environment outside the Sites, you should use your best judgment and exercise caution where appropriate.
- In no event shall we or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, exemplary, 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, without limitation, negligence), strict liability or otherwise, arising from your use of any of the Sites, the Services or the Products, or for any other claim related in any way to your use of any of the Sites, the Services or the Products, including, without limitation, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any of the Sites, the Services or the Products, any content (or product) posted, transmitted or otherwise made available via the Sites, the Services or the Products, even if advised of their possibility. Because some regions or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such regions or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- In all cases, you agree not to hold us liable for losses, damages and costs arising from or related to the delay or failure by merchants, your own network or infrastructure, telecommunication providers, third-party service providers, government actors or force majeure.
By using the Shipping Services, you agree that we shall not be responsible for any loss, damage, delay, misdelivery or non-delivery of the parcel or provision of inaccurate information or inability to provide information if it occurs due to any of the situations set out below. We shall not be responsible for any direct, indirect or collateral loss incurred, including, without limitation, loss of income, profit, market or opportunity. Situations include:
- any act or omission by a person not employed or contracted by us, including, without limitation, government clearance, proxy purchase, third-party delivery operation, parcel held in custom, parcel denied by the recipient, parcel protection, insurance, transshipment or berthing issues;
- non-delivery or loss due to invalid information provided during registration, invalid or missing tracking number, lack of entry record, missing or wrongly sent item or alternative instructions given by you, the sender or the recipient, in verbal or written form;
- your or any third party’s violation of the law of the country or region of origin, destination or transit, for example, the parcel contains prohibited goods;
- any loss or damage to the contents when the parcel is sealed and the packaging has no significant damage and the recipient has not filed a written claim regarding the damage to the packaging in accordance with our relevant policy;
- delay caused by your failure to confirm or pay the tax or duty on time;
- incurrence of any additional fee for multiple deliveries due to invalid or incomplete address and/or our inability to contact the recipient;
- natural disaster, including, without limitation, earthquake, cyclone, storm, flood, fog, tornado, fire, plaque, snow, frost or geological disasters;
- unforeseeable circumstances, including, without limitation, strike, disturbance, war, plane crash, embargo, riot, civil commotion, industrial action, termination or disruption of communication or transportation or mechanical malfunction, and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings;
- negligence by you or a third party, including, without limitation, customs, carrier company or government authority;
- actual or suspected difference in the value, weight or content of the parcel and the declaration; and
- In the above situations, we will arrange for delivery in a reasonable manner. However, we do not have the duty to inform you and shall not be responsible for any delay.
- Fraudulent Activities and Illegality
- If we, at our sole discretion, deem that items received on your behalf is a result of fraudulent activity, related to a restricted or prohibited business or linked to any illegal activity under applicable laws, we reserve the right to take any action that we may deem necessary under the circumstances without further notice to you or any other party, including, without limitation, archiving your account, returning the item to the merchant or sender, marking the item as restricted to prohibit delivery, confiscating the item and/or reporting such activity to the customs, any governing body, government office, or law enforcement agency anywhere in the world, including, without limitation, the local authority or governing body in which you reside in.
- If we, at our sole discretion, deem that your transaction is a result of fraudulent activity, related to a restricted or prohibited business or linked to any illegal activity under applicable laws, we reserve the right to take any action that we may deem necessary under the circumstances without further notice to you or any other party, including, without limitation, placing the transaction on hold, confiscating the item and/or investigating and reporting such activity to the customs, any governing body, government office or law enforcement agency anywhere in the world.
- Personal Information
- Anti-Money Laundering and Anti-Terrorist Financing Policy
- You are required to keep your accounts and contact information current at all times. Any account found to contain incorrect and/or outdated information may be suspended.
- It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and require our directors, officers and employees to adhere to these standards in preventing the use and purchase of the Services or Products for money laundering purposes.
- Modification and Termination of Services
- We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any of the Services.
- We can temporarily suspend or terminate any of the Services provided to you without further notice, including, without limitation, the Services provided to you in accordance with your phone number, email address or IP address.
- 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, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal and injunctive redress.
- Electronic Communications, Transactions, and SignaturesElectronic communications include, without limitation, visiting any of the Sites, sending us emails 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 any of the Sites satisfy any legal requirement that such communication 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 any of the Sites. 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 payment or the granting of credits by any means other than electronic means.
- Mobile Application License