Last updated on: March 17, 2021
Easyship Fulfillment Services Ltd. (“Easyship”, “we” and “us”) is the operator of www.easyship.com and collect.easyship.com (“Website”). The Website is designed to provide assistance to Buyers (“Buyer(s)”, “you”) in creating and managing shipments (“Shipment”). This Website and the offer of our Shipping Collect Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service ( Shipping Collect Service)”). By accepting our Terms of Service (Shipping Collect Service), or by using any Shipping Collect Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service (Shipping Collect Service) and represent that you have read and understood the same.
The Terms of Service (Shipping Collect Service) represent a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) and Easyship and its direct affiliates or subsidiaries, including the various different entities that Easyship uses to operate locally in different countries.
Merchant will communicate to Easyship the Couriers Merchant wants to offer to Buyers. The cost of transportation (“Shipping Fee”) depends on many factors including, but not limited to, Merchant's address, Buyer's address, weight, dimensions, category of the product, value of the items, and Courier chosen and includes all costs related to the Shipment, quoted by Easyship, including, but not limited to, transportation cost, fuel surcharge, remote area surcharge, residential surcharges, pick-up fees, and any other amount related to the activity of shipping through Easyship. Easyship will display the available Couriers options and corresponding Shipping Fees to Buyers, who will select the preferred one. Merchant will communicate to Easyship whether the Shipping Fees may be paid by the Merchant or the Buyer and Easyship will collect the shipping cost from the relevant party before dispatching the order.
You may purchase insurance coverage for your Shipments (“Insurance Fees”) through Easyship. All rules, terms and policies related to shipping insurance offered through the Website shall be governed by the Insurance Terms and Conditions (https://www.easyship.com/legal/insurance-terms-and-conditions).
Easyship may quote, and bill if accepted by the Buyer, additional fees, including, but not limited to, peak surcharges, seasonal charges (“Additional Fees”).
Together, the Shipping Fees, Insurance Fees, Taxes and Duties, and the Additional Fees are referred to as the “ Shipping Collect Fees”. You will pay any Shipping Collect Fees related to the provision of the Shipping Collect Services you have requested Easyship to provide by way of using a valid payment method (“Authorized Payment Method”).
In the event that you disagree with any Shipping Fees charged to you, you shall submit such complaint to Easyship within thirty (30) days of the fee being charged (“Dispute Period”). Easyship will not review customer requests for Shipping Fees adjustments that are received after the Dispute Period.
In the event Merchant does not intend to ship the order anymore, all refund requests of Shipping Collect Fees must be directed to the Merchant. Easyship will refund the Shipping Collect Fees paid by Buyer only after it has received approval from the Merchant. Upon the approval of the Merchant to refund any fees paid by the Buyer, Easyship will refund Shipping Collect Fees to the Buyer, using the payment method used for the original transaction, within ten (10) days from the date Merchant has approved the refund to the Buyer. In the event that the Shipment has already been shipped or dispatched and sent over to the Courier, such Shipment may not be cancelled nor refunded. If a Buyer has any question(s) regarding order cancellation and/or refund, the Buyer should communicate exclusively with Merchant. Easyship is not authorised or liable to refund Shipping Collect Fees to the Buyers if the Merchant declines or fails to give approval, and Easyship disclaims liability for any such refund in those circumstances.
For the avoidance of doubt, all sums payable by you to Easyship under these Terms of Service (Shipping Collect Service) shall be paid free and clear of any deductions or withholdings whatsoever. Other than taxes charged by Easyship to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Easyship shall be entitled to charge the full amount of Fees stipulated under these Terms of Service (Shipping Collect Service) to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
For purposes of this Agreement, “Easyship Property” shall mean
Easyship hereby retains all worldwide right, title and interest in and to the Easyship Property. Any rights not expressly granted herein to the Easyship Property shall be retained by Easyship. You acknowledge that all right, title and interest to the Easyship Property is owned by Easyship.
Other than as permitted herein, you shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Easyship Property, or otherwise attempt to discern the functioning or operation of the Website or Shipping Collect Services; or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Easyship and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by Easyship through our merchant Shipping Collect Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to Easyship.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to Easyship or the Shipping Collect Services, or display them in any manner that implies Easyship's sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to):
All materials provided by you under any shall be deemed “Client Property” for purposes of this Agreement. You hereby grant to Easyship a non-exclusive license to the Client Property solely as needed to provide the Shipping Collect Services. No other licenses, express or implied, under any intellectual property rights are granted by you to Easyship under these Terms of Service (Shipping Collect Service).
Each party (“Recipient”) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of Service (Shipping Collect Service) and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party (“Discloser”) that is marked, labelled or otherwise designated as confidential or proprietary, or that Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.
Information that is subject to one of the exclusions below shall not be Confidential Information.
The exclusions include the following:
Other than transaction information absolutely required for Easyship to provide, or for you to use the Shipping Collect Services, Easyship does not require nor desire any of your proprietary information (“Non-transactional Confidential Information”). You agree not to provide Easyship with any Non-transactional Confidential Information including, but not limited to, prototypes of new products, without Easyship's express prior written consent. In the event that you send such Non-transactional Confidential Information to Easyship without Easyship's prior written consent, then Easyship shall not be obligated to treat such information as Confidential Information.
Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service (Shipping Collect Service). Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Shipping Collect Services. Recipient shall use at least the same standard of care with the Discloser's Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.
Other than transactional information that is retained in the ordinary course of Easyship's business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of written request from the other party.
Subject to the Terms of Service (Shipping Collect Service) herein, you hereby acknowledge and agree that Easyship may compile aggregate results from all of, or a selection of your use of the Shipping Collect Services, provided that Easyship shall not disclose any information that would individually identify you (“Aggregate Information”). Such Aggregate Information shall be deemed to be Easyship's Confidential Information. You also hereby agree that Easyship may review and use your individual use of the Shipping Collect Services in order to provide Shipping Collect Services to you, to evaluate Easyship's provision of the Shipping Collect Services, and to improve Easyship's Shipping Collect Services offerings.
You agree to indemnify and to hold harmless Easyship, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your use of the Shipping Collect Services or your violation of the Terms of Service (Shipping Collect Service). Upon requesting for our Shipping Collect Services, you agree to indemnify and hold harmless Easyship from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not Easyship accepts such order.
Easyship endeavors to provide the Shipping Collect Services in accordance with these Terms of Service (Shipping Collect Service). Buyers acknowledge that the Shipping Collect Services and the Website are provided on an “as is” and “as available” basis. Easyship and Easyship's suppliers expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement for the services, the Website and any third party services. The use of the Shipping Collect Services, Website, or third party services shall be at your own risk.
Easyship does not guarantee continuous, uninterrupted or secure access to the Shipping Collect Services. Operation of the Shipping Collect Services may be interfered with by numerous factors outside of our control. Easyship will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but Easyship makes no representations or warranties regarding the amount of time needed to complete processing because our Shipping Collect Services are dependent upon many factors outside of our control, such as delays caused by third parties. Easyship is not liable for any loss of profit, goodwill, use, or data, or any direct, indirect, incidental or consequential loss or damage, resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Shipping Collect Services, including any of the Website's features, at any time with or without notice to you.
You understand that Easyship does not inspect your goods nor does Easyship take any responsibility for the business decisions that you make and implement through the Shipping Collect Services. You acknowledge that Easyship is not the merchant of record, nor the importer of record, and nor the owner of any product shipped by you through Easyship.
By accepting the Terms of Service (Shipping Collect Service), you acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
In no event shall Easyship be liable for loss or damage of Shipments, loss of profits, revenue, data, goodwill or use, or for any type of indirect, incidental, special or consequential loss or damages, or damages for incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall Easyship's liability under these Terms of Service (Shipping Collect Service) exceed the monies paid or payable by you to Easyship for the applicable services excluding carrier fees or other third party fees (“damages cap”). In the event of an unauthorized transaction by Easyship, its employees or agents, Easyship will not be liable for any amount that exceeds the damages cap. Easyship must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Easyship.
You are responsible to provide complete and accurate information in respect of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Easyship for and hold Easyship harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Easyship shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Easyship is in no way responsible for any damages, losses due to customs practice. Easyship shall not be liable for the accuracy and truthfulness of the information provided by you.
Easyship is a technology platform that connects buyers, shippers and couriers. In no circumstances will Easyship be liable for any Shipping Collect Services or information provided by any Courier. Under no circumstances will Easyship be held responsible or liable for any damage, destruction, loss, taxes, duties, late delivery of Shipment, failures in handling in shipments to couriers, failed or late shipment collection by Courier, or any issues with tracking updates, for any Courier, Easyship is not liable for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). Easyship is not liable for the delivery time information shown on the Website.
Easyship is not liable or responsible for any information communicated to the Buyer by the Merchant in relation to fees, expenses, fulfillment times, delivery times or any other activity that the Merchant may state is related to Easyship.
Easyship is not liable or responsible for any business misconduct, fraud, illegal activities, negligence or misbehavior by Merchant. All Shipping Collect Fees collected by Easyship from Buyer are remitted to Merchant, and Easyship is not responsible for how the Merchant uses these funds. If Merchant uses Shipping Collect Fees for activities other than those agreed between the Buyer and the Merchant, under no circumstances may Easyship be liable for any misuse of Shipping Collect Fees paid by Buyer to Merchant through Easyship.
Easyship is not liable or responsible for the Merchant cancelling any orders made by the Buyer.
We make no representations about the quality, safety, morality or legality of any items shipped by Merchant (“Campaign”), perk or contribution or the truth or accuracy of Your Content posted on the Shipping Collect Services. We do not guarantee the fulfillment or the performance of any perks, or that contributions will be used as described in the crowdfunding campaign. We do not control or endorse Your Content posted on the Website or in any Shipping Collect Services and, as a result, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Your Content. Easyship is not liable for any damages or losses related to your use of the Shipping Collect Services. We do not become involved in disputes between Buyers, or between Buyers and any third party relating to the use of the Shipping Collect Services.
When you use the Shipping Collect Services, you release Easyship from claims, damages, and demands of every kind - known and unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or related to the Shipping Collect Services. All content that you access or use through the Shipping Collect Services is entirely at your own risk and you solely are responsible for any resulting damage or loss to any party.
Easyship is not liable for any fees, expenses, resulting as a consequence of a change of information from the Buyer (for example a change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Easyship's Website.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the services and Buyer content, and any contact you have with other Buyers or third parties, whether in person or online, remains with you.
Neither Easyship nor any other party involved in creating, producing, or delivering the services will be liable (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Easyship has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for:
In no event shall the total, aggregate liability of Easyship and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, arising from or relating to the terms, services, or buyer content, or from the use of or inability to use the services exceed the total amount of fees actually paid to Easyship by you hereunder, or US$100 if no such payments have been made.
Please note, while disagreements sometimes arise, Easyship wants to address any complaint with the Shipping Collect Services in a proactive manner. Please log a support case for resolution, you can send an email to [email protected]. For purposes of clarity, this does not waive the notice requirement set forth below.
These Terms of Service (Shipping Collect Service) shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”). By using our Shipping Collect Services, you agree to submit to the exclusive jurisdiction of the Hong Kong Courts.
The parties agree that any lawsuit and arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and to the extent any such rights may arise, the parties expressly waive their right to file a class action or seek relief on a class basis. This means that you and Easyship agree that each may bring claims against the other only in your or its individual capacity, and not as a lead or representative class plaintiff or class member in any purported class or representative proceeding.
By agreeing to these Terms of Service (Shipping Collect Service), you are waiving your right to trial by jury to the extent any such right arises.
If any provision of these Terms of Service (Shipping Collect Service) is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service (Shipping Collect Service) shall remain in effect and enforceable in accordance with their Terms of Service (Shipping Collect Service).
Failure or delay of Easyship to exercise a right or power under these Terms of Service (Shipping Collect Service) shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
You agree that Easyship may provide notice to you by posting it on our Website, emailing it to your email address, or mailing it to your address. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is posted to our Website or emailed to your email address. If the notice is sent by mail, we will consider it to have been read and understood by you within 24 hours of the time it is delivered.
You may not transfer or assign any rights or obligations you have under this Agreement without Easyship's prior written consent and any attempted assignment without that consent will be void. Easyship reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service (Shipping Collect Service) shall be binding on and inure to the benefit of the parties' successors and assigns.
Easyship shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing these Terms of Service (Shipping Collect Service).
Easyship shall not be liable for any delays or inability to perform the Shipping Collect Services caused by forces beyond Easyship's control including, without limitation, acts of God or acts of third party Service providers, including, but not limited to, carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, pandemics, epidemics, strikes, lockouts, riots and civil commotions, or any reason beyond Easyship's control, or because of loss or destruction of goods for which Easyship is not liable, or because of any other excuse provided by law, Easyship shall not be liable for failure to carry out such instructions.