Terms of Service (Shipping Collect Service)

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) are accessible at any time on the following page of our Website: https://www.easyship.com/legal/collect-service. You must read, agree with and accept all the terms and conditions contained in the Terms of Service (Shipping Collect Service), and our privacy policy contained in www.easyship.com/legal/privacy (“Privacy Policy”) prior to becoming an Easyship Buyer. If you do not accept any provision in our Terms of Service (Shipping Collect Service) and/or Privacy Policy, you are not authorized to use this Website or our Shipping Collect Services and shall immediately cease using this Website.

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.

  1. Acceptance of Terms of Service (Shipping Collect Service)
    1. By registering for the Shipping Collect Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Shipping Collect Services’ registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.
    2. You acknowledge and agree that we may change or otherwise modify the Terms of Service (Shipping Collect Service) in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms of Service (Shipping Collect Service). Easyship endeavors to provide you with notice of any meaningful changes to the Terms of Service (Shipping Collect Service) either through email or notification within the Easyship platform, but Easyship’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service (Shipping Collect Service). You agree to periodically review the most current version of these Terms of Service (Shipping Collect Service) as posted on the Website.
    3. You agree and acknowledge that you may be subject to additional terms applicable to certain Shipping Collect Services provided by us that may be attached to such Shipping Collect Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service (Shipping Collect Service).
    4. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service (Shipping Collect Service), we shall be entitled to immediately terminate our Shipping Collect Services, and/or may take other legal action at our disposal.
    5. You agree and acknowledge that you may be subject to additional terms applicable to certain Shipping Collect Services provided by us that may be attached to such Shipping Collect Services from time to time. All such terms are hereby incorporated by reference into the general Easyship Terms of Service, contained in https://www.easyship.com/legal/terms/overview.
  2. Description of Shipping Collect Services
    1. The entity from which you purchased goods (the “Merchant”) is subject to shipping costs, taxes, custom duties and other fees levied by the destination country. The Merchant has given Easyship authorization to contact and interact with the receiver of the goods, You, to offer additional shipping services (“ Shipping Collect Services”) and collect the fees for these Shipping Collect Services. Shipping Collect Services include transportation courier, insurance, and the option to pre-pay import taxes and duties.
    2. More specifically Easyship gives you the option to customise the shipment of your order by:
      1. selecting a shipping transporter, courier, or mail service (“Courier”);
      2. purchasing a shipping insurance (“Insurance”); and
      3. pre-paying import taxes and duties for your order.
    3. Shipping Fee

      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.

    4. Insurance

      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).

    5. Import taxes and duties
      1. For international orders, local customs may charge import taxes and duties, in the form of local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties”). Easyship will provide an estimate of the Taxes and Duties prior to each Shipment (“Taxes and Duties Estimate”) for the Buyer’s reference.
      2. If agreed by Merchant, Easyship may give Buyers the option to pay Taxes and Duties at delivery, also called Delivery Duty Unpaid (“DDU”) shipments, or to prepay Taxes and Duties, also called Delivery Duty Paid shipments (“DDP”).
      3. For DDU Shipments, if the Buyer chooses not to pay in advance for any Taxes and Duties arising in the destination country, the Buyer acknowledges that any Taxes and Duties will be the Buyer’s sole responsibility. The Taxes and Duties Estimate for DDU shipments shall be for reference only and the Shipment may be subjected to further additional charges which could vary depending on the local policies of the destination country. Easyship will not be liable for any discrepancies between the Shipping Fees collected by Easyship and Taxes and Duties Estimates provided by Easyship and any local fee, or additional delivery fee charged by third parties to the Buyer.
      4. For DDP Shipments, the Buyer chooses to prepay Taxes and Duties (DDP) to Easyship before the order is shipped. The Buyers shall not be liable for any discrepancy between the Taxes and Duties Estimates charged by Easyship and any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to Easyship by the Buyer is complete and accurate. Easyship reserves the right to charge a Buyer using DDP Shipments additional fees in respect of excessive Taxes and Duties resulting from the incomplete and/or inaccurate information provided by the Buyer used to compute the Taxes and Duties Estimate.
      5. Easyship shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Easyship shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the Buyer.
    6. Additional Fees

      Easyship may quote, and bill if accepted by the Buyer, additional fees, including, but not limited to, peak surcharges, seasonal charges (“Additional Fees”).

  3. General Conditions/ Access and Use of the Shipping Collect Services
    1. Subject to the terms and conditions of these Terms of Service (Shipping Collect Service), you may access and use the Shipping Collect Services only for lawful purposes. All rights, titles and interests in and to the Shipping Collect Services and its components will remain with and belong exclusively to Easyship. You shall not:
      1. sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Shipping Collect Services available to any third party, without written consent of Easyship;
      2. use the Shipping Collect Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Shipping Collect Services or its components or otherwise violates our Terms of Service (Shipping Collect Service), or
      3. modify, adapt or hack the Shipping Collect Services to, or otherwise attempt to gain unauthorized access to the Shipping Collect Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Easyship provides you or publishes in connection with the Shipping Collect Services, and you shall promptly notify Easyship if you learn of a security breach related to the Shipping Collect Services.
    2. You will not use the Shipping Collect Services to (or assist another person to):
      1. upload any content that:
        1. infringes any intellectual property or other proprietary rights of any party;
        2. you do not have a right to upload under any law or under contractual or fiduciary relationships;
        3. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        4. poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
        5. in the sole judgment of Easyship, is objectionable or which restricts or inhibits any other person from using or enjoying the Shipping Collect Services, or which may expose Easyship or its Buyers to any harm or liability of any type;
      2. interfere with or disrupt the Shipping Collect Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Shipping Collect Services;
      3. violate any applicable local, state, national or international law, or any regulations having the force of law;
      4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
      5. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Shipping Collect Services.
    3. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Shipping Collect Services (“Your Content”). By posting Your Content on or through the Shipping Collect Services, you hereby do and shall grant Easyship a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Shipping Collect Services and to improve Easyship’s products and Shipping Collect Services, subject to the terms and conditions of these Terms of Service (Shipping Collect Service) and our Privacy Policy. Easyship has the right, but not the obligation, to monitor the Shipping Collect Services, Content, or Your Content and to disclose Your Content if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Easyship, (iii) act in urgent circumstances to protect the personal safety of Buyers of the Shipping Collect Services or the public, or (iv) protect against legal liability. You further agree that Easyship may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
    4. You understand that the operation of the Shipping Collect Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Easyship’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Shipping Collect Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Easyship will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
    5. You shall be responsible for obtaining and maintaining any equipment and ancillary Shipping Collect Services needed to connect to, access or otherwise use the Shipping Collect Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet Shipping Collect Services (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Shipping Collect Services and complies with all configurations and specifications set forth in Easyship’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, and files, and for all uses of your Equipment with or without your knowledge or consent.
    6. The failure of Easyship to exercise or enforce any right or provision of these Terms of Service (Shipping Collect Service) shall not be a waiver of that right. You acknowledge that these Terms of Service (Shipping Collect Service) of Shipping Collect Services form is a contract between you and Easyship, even though it is electronic and is not physically signed by you and Easyship, and it governs your use of the Shipping Collect Services and takes the place of any prior agreements between you and Easyship.
    7. Subject to the Terms of Service (Shipping Collect Service) hereof, Easyship may (but has no obligation to) provide technical support to our Shipping Collect Services, through email in accordance with our standard practice. Easyship might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general any time Easyship considers it needed to carry on its Shipping Collect Services.
    8. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify the Merchant or Easyship customer service at [email protected]. In the event that the Shipment has already been handed over to any Courier, shipped or dispatched, such changes may not become effective, or the Courier may ask a fee to validate the change.
    9. In the event that a Shipment is recalled and the Courier does not provide the returned delivery to the Merchant address, the Shipment will be returned to Easyship. Easyship will contact you to collect eventual fees before shipping it again to you.
  4. Payment of Fees
    1. Shipping Collect 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”).

    2. Discrepancies
      1. In the event there is a discrepancy between the Shipping Fees charged by Easyship at the moment the Buyer purchases a shipping label and the costs for the Shipment charged by Couriers or customers to Easyship due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, value of the item(s), addresses, declaration of residential address, or any other information critical to estimate Shipping Fees, you will be responsible for such discrepancy amount (“Shipping Fees Discrepancies” or “Adjustments”). Easyship specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Easyship is not responsible for any changes or alteration of Shipping Collect Fees. Easyship agrees to make reasonable efforts to bill such discrepancy amounts to you in a timely manner but Easyship makes no representations or warranties regarding the amount of time needed to complete processing. Any such Adjustments will be charged by Easyship to your Authorized Payment Method.
      2. Shipping Collect Fees are billed at the moment Shipping Collect Services are purchased from Easyship, therefore the Shipping Collect Services shall be considered as “pre-paid”.
    3. Currency fluctuations and exchange rates
      1. Easyship reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.
      2. Easyship will indicate which currency a transaction is being billed for, but Easyship is not responsible for any fees or currency exchange rates charged to you by any third party payment provider.
    4. Disputes

      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.

    5. Taxes
      1. You acknowledge and agree that all fees, charges and any other rates or amounts charged by Easyship to you hereunder are exclusive of any applicable value added, sales/use or goods and Shipping Collect Services’ taxes (“Transaction Taxes”) which may be levied in connection with the supply by Easyship of the Shipping Collect Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Easyship to you.
      2. Buyers who incorrectly declare the commodity type and/or value of their shipment(s) may be charged a penalty of US$100 or the difference between the declared value and the transactional value, whichever is higher.
    6. Refund

      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.

    7. Others

      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.

  5. Intellectual Property
    1. Easyship Property

      For purposes of this Agreement, “Easyship Property” shall mean

      1. Easyship’s methodology for the provision of Shipping Collect Services; and
      2. Easyship’s ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials.

      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.

    2. Additional Restrictions

      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):

      1. use any robot, spider, scraper or other automated means to access the Easyship Website or Shipping Collect Services for any purpose without Easyship’s express written permission;
      2. interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website; or
      3. bypass any measures Easyship may use to prevent or restrict access to the Easyship Website or the Shipping Collect Services.
    3. Client Property

      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).

  6. Confidential Information
    1. Definition

      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.

    2. Exclusion

      Information that is subject to one of the exclusions below shall not be Confidential Information.

      The exclusions include the following:

      1. Non-transactional Confidential Information (as defined below);
      2. information publicly known at the time of disclosure;
      3. information received by Recipient without restriction from a third party;
      4. information published or otherwise made known to the public by Discloser;
      5. information that was generated independently without reference to the Discloser’s Confidential Information; or
      6. information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.
    3. Non-transactional Confidential Information

      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.

    4. Standard of Care

      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.

    5. Return or Destruction

      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.

    6. Aggregate Use

      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.

    7. Privacy Policy

      Easyship believes in protecting your privacy. Any information you provide to us or input on the Website as set out above will be used in accordance with our Privacy Policy found in this page (www.easyship.com/legal/privacy). We do not sell, rent, or otherwise disclose your Confidential Information to a third party, without your consent or as permitted by the Privacy Policy.

  7. Indemnification

    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.

  8. Disclaimers
    1. As Is

      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.

    2. No Continuous Access

      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.

    3. Others

      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.

  9. Disclaimer of Liability
    1. Third-Party Liability

      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.

    2. Waiver of Consequential Damages and Limitation of Liability

      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.

    3. Declaration and Accurate Information

      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.

    4. Service provided by Courier

      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.

    5. Merchant’s liability

      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.

    6. Using the service at your own risk

      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.

    7. Easyship is released from all claims

      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.

    8. Other

      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:

      1. any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill;
      2. service interruption, computer damage or system failure;
      3. the cost of substitute products or services;
      4. any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms;
      5. the use of or inability to use the;
      6. any communications or other interactions with other buyers or other persons with whom you communicate or interact as a result of your use of the services; or
      7. your campaigns or contributions.

      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.

  10. Disputes

    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.

  11. Governing Law and Jurisdiction

    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.

  12. Class Action Waiver

    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.

  13. General Provisions
    1. Severability

      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).

    2. No Waiver

      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.

    3. Notices to You

      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.

    4. Assignment

      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.

    5. Attorneys’ Fees and Costs

      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).

    6. Force Majeure

      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.