Terms & Conditions

Last updated on: July 8th, 2024

ShipAny Limited ("ShipAny", "we" and "us") is the operator of shipany.io ("Website", “Web Service”). The Web Service is designed to provide assistance to users ("User(s)", "you") in creating and managing shipments ("Shipment"). This Website and the 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"). By creating an account on the Web Service or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service and represent that you have read and understood the same.

1.1. If you are entering into these Terms of Service on behalf of a company, business or any other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case "you" or "your" in the Terms of Service shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you shall not accept the Terms of Service on behalf of such entity and you are not authorized to use this Website or the Services.

1.2. By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Our collection and processing of registration data and certain other information about you are governed by our Privacy Policy.

1.3. You acknowledge and agree that we may change or otherwise modify the Terms of 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. ShipAny endeavors to provide you with notice of any changes to the Terms of Service, but ShipAny's failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.

1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your ShipAny account, and/or may take other legal action at our disposal.

For the purpose of these Terms of Service, "Services" shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, videos, and content made available through any of the foregoing (collectively referred to as the "Content"), (c) Shipment services, and (d) e-Fulfillment Services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.

The Company will use ShipAny Courier account and if Shipping Service is acquired by you, a shipping fee will be charged for each Shipment, of which shall include all costs related to the Shipment, quoted by ShipAny and agreeable to the User before the Shipment takes place ("Shipping Fee"). For the billing method, account balance, available credits and other details of Shipping Fees, please refer to Section 6 in this service agreement.

ShipAny Pay-By-Receiver service is pay-per-use and is charged with a per transaction service fee. The shipping fee of the Pay-By-Receiver order will be charged to the Receiver directly and is out of the scope of ShipAny Courier Account. Each Pay-By-Receiver order submitted to ShipAny is, upon being collected by the courier, counted as a pay transaction where a per transaction service fee will be incurred. The Company has the commitment to settle the transaction service fees of the Account and all Sub-Accounts according to the details in Section 6.

If the Company uses its own Logistics Courier account, ShipAny service is pay-per-use and is charged with a per transaction service fee. The shipping fee of this service will be charged to the Courier Account of the Company directly and is out of the scope of ShipAny Courier Account. Each shipping order submitted to ShipAny is, upon being collected by the courier or being canceled, counted as a pay transaction where per transaction service fee will be incurred. If this shipping order is already counted as a pay transaction, which is subsequently reset to draft or merged to a new order, another new pay transaction service fee will be incurred. The Company has the commitment to settle the transaction service fees of the Account and all Sub-Accounts according to the details in Section 6.

ShipAny In-Store Pick-up service is pay-per-use and is charged with a per transaction service fee. Each In-Store Pick-up order submitted to ShipAny is, upon being created, counted as a pay transaction where per transaction service fee will be incurred. The Company has the commitment to settle the transaction service fees of the Account and all Sub-Accounts according to the details in Section 6.

ShipAny Pay-At-Counter service is pay-per-use and is charged with a per transaction service fee. The shipping fee of the Pay-At-Counter order will be charged to the Company directly at the courier's counter and is out of the scope of ShipAny Courier Account. Each Pay-At-Counter order submitted to ShipAny is, upon being collected by the courier, counted as a pay transaction where a per transaction service fee will be incurred. The Company has the commitment to settle the transaction service fees of the Account and all Sub-Accounts according to the details in Section 6.

ShipAny offers various services, some available only by paying a monthly subscription fee (“Subscription Fees“). In the event you subscribe for a paid monthly plan you agree to pay the corresponding Subscription Fees. It is important to note that Subscription Fees are non-refundable. The Company has the commitment to settle Subscription Fees of the Account and all Sub-Accounts according to the details in Section 6.

For new or tailor-made services, courier integration, functionalities and features requests, extra charges may be introduced with mutual agreement between parties.

3.1. The following are the types of products that, for everyone's safety, are prohibited to ship through ShipAny:

• Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travels.
• Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
  • Live plants and animals;
  • Alcoholic beverages;
  • Ammunition & firearms;
  • Tobacco;
  • Firearms and any kind of weapon;
  • Prescription pharmaceuticals or other dangerous drugs;
  • Explosive or hazardous products;
  • Unique or one-of-a-kind materials; and
  • Precious metals in the forms of bullion or reserves
    

3.2. The Company agrees that Shipment is deemed unacceptable if:

• It is classified as hazardous material, dangerous goods, prohibited or restricted articles by International Air Transport Association, International Civil Aviation Organization, any applicable government department or other relevant organization;
• No customs declaration is made when required by applicable customs regulations;
• The goods are classified as dangerous goods or ShipAny or its Courier believes that it cannot be carried safely or legally, including but not limited to animals and parts thereof, currency, bearer instruments, negotiable instruments, counterfeit goods, precious metals and stones, firearms and parts thereof, ammunitions, human remains, pornography, illegal narcotics/drugs, articles that emit a strong odor, vaccines, reagents, chemicals, dry ice, fresh seafood and meat; or
• Receiver’s address is incorrect, incomplete or not properly marked or Shipment’s packaging is defective or inadequate to be carried safely with ordinary and reasonable care. ShipAny or its Courier shall have the absolute right to deal with the Shipment as it sees fit, including but not limited to destroying any unacceptable Shipment as specified in this clause.

3.3. ShipAny shall not be liable for any loss, damage, destruction of such prohibited products or unacceptable shipments.

4.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles and interests in and to the Services and its components will remain with and belong exclusively to ShipAny. You shall not (a) sublicense, re-sell, rent, lease, transfer, assign, timeshare or otherwise make the Services available to any third party, without written consent of ShipAny; (b) use the 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 Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices ShipAny provides you or publishes in connection with the Services, and you shall promptly notify ShipAny if you learn of a security breach related to the Services.

4.2. You may not tender for shipment of any of the prohibited or unacceptable items listed under the Section 3. You grant ShipAny, and any authorized third parties the right to inspect your shipment at any time. We reserve the right to reject or suspend the carriage of any item.

4.3. You will not use the Services to (or assist another person to):

• upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) 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; or (vi) in the sole judgment of ShipAny, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose ShipAny or its users to any harm or liability of any type;
• interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
• violate any applicable local, state, national or international law, or any regulations having the force of law;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

4.4. You are solely responsible for all data, information, feedback, suggestions, texts, contents and other materials that you upload, post, deliver, provide or otherwise transmit or store in connection with or relating to the Services ("Your Content"). ShipAny reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant ShipAny 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 Services and to improve ShipAny's products and Services, subject to the terms and conditions of these Terms of Service and our Privacy Policy. ShipAny has the right, but not the obligation, to monitor the 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 ShipAny, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability. You further agree that ShipAny may remove or disable any of the 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.

4.5. You understand that the operation of the 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 ShipAny's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. ShipAny will take reasonable security and safeguard measures within the system of Shipany to protect the Your Content from any unauthorized access or use, corruption, deletion, destruction or loss but otherwise 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.

4.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet Services (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in ShipAny's published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.

4.7. The failure of ShipAny to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and ShipAny, even though it is electronic and is not physically signed by you and ShipAny, and it governs your use of the Services and takes the place of any prior agreements between you and ShipAny.

4.8. Subject to the Terms of Service hereof, ShipAny may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. ShipAny might use the consignee's personal information to send them updates about their packages, gain consignee feedback, and in general any time ShipAny considers it needed to carry on its Services.

4.9. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify ShipAny customer service at info@shipany.io. In the event that the Shipment has already been handed over to any shipping company, courier, or mail service ("Courier"), such changes may not become effective, or the Courier may ask for a fee to validate the change.

4.10. If the following events occur, ShipAny’s Courier will use reasonable efforts to return the Shipment to the Shipper at the Company’s additional costs: (a) the consignee refuses delivery or customs duties; or (b) the Shipment is deemed to be unacceptable in accordance with clause 3; or (c) customs believes that the value of the Shipment value has been under-reported; or (d) the consignee cannot be reasonably identified or located. If the Shipment cannot be returned, it may be released, disposed of or sold by ShipAny or its Courier after appropriate detention time as ShipAny or its Courier deemed fit (4 calendar days for Cold Chain Shipment) without incurring any liability whatsoever to the Company, the Shipper or anyone else, with the proceeds (originally to be post-paid by the Company if the Shipment were successfully delivered) applied against service charges and related administrative costs and the balance to be charged to the Company. "Cold Chain Shipment" means all packages which are tendered to and accepted by ShipAny’s Courier on one waybill which require cold chain transportation.

4.11 The risk of goods shall pass to ShipAny’s Courier when ShipAny’s Courier takes possession of goods from shippers. ShipAny shall not be responsible for any damages to the goods in the course of the Shipment. In the event of any damage or loss to a shipment parcel during transit, ShipAny will act as a coordinator to facilitate communication between the Company and the Courier responsible for the delivery. The Company agrees that ShipAny shall not be held liable for any damages or losses incurred. ShipAny will assist the Company in liaising with the Courier to claim damages for the shipment parcel based on the liability terms of the relevant Courier. It is understood that the Courier is solely responsible for compensating the merchant for any damage or loss during the delivery process. The Company acknowledges and agrees that ShipAny is not the party responsible for any compensation related to damaged or lost parcels, but will provide support and coordination services to help resolve any issues that may arise. ShipAny shall pass to the Company any damages it recovers from the Courier upon deducting a handling fee per Shipment claim.

5.1. In order to create an account with ShipAny, you agree that you will provide accurate information to the best of your knowledge and belief ("Registration Information") and will promptly update such Registration Information as necessary. Access to, and use of, the ShipAny account is restricted to authorized users only.

You must provide complete and accurate payment information. Payment for ShipAny's Services shall be made by any of the accepted payment methods as set out on the Website.

A shipping fee will be charged for each Shipment and it shall include all costs related to the Shipment, quoted by ShipAny ("Shipping Fee"). A Shipping Fee shall include: ShipAny’s service fees, shipping cost, fuel surcharge, insurance fee, import tax, import duty, remote area surcharge, courier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through ShipAny.

Quotations for Shipping Fees by ShipAny are based on the information provided by the Company, including but not limited to sender's address, receiver's address, weights, dimensions, types and values of the items. In case of discrepancy between the Shipping Fees quoted by ShipAny and the costs for the Shipment incurred by ShipAny due to incorrect information provided by end-user, such as incorrect weight, dimensions, type and value of the item(s), addresses, or any other information essential to quote shipping cost, the Company will be responsible for such amount discrepancy. ShipAny specifically disclaims any liability for any Shipping Fee errors due to inaccurate or incomplete information. ShipAny is not responsible for any change or alteration of the Shipping Fees. ShipAny agrees to make reasonable efforts to bill such discrepancy amounts to your account in a timely manner but ShipAny makes no representations or warranties regarding the amount of time needed to complete processing.

The funds that you maintain in your ShipAny account constitute your "Account Balance" (or named “Available Credits”). As Service charges are incurred, any such amount will be deducted from your Account Balance (or named “Available Credits”). Please note that the Shipping Fees or Transaction Service Fees for each Shipment are billed at the moment when a Shipment is confirmed and the shipping labels are requested, therefore the Services shall be considered as "pre-paid". Subscription Fees are paid in advance and will be billed monthly (each such date, a “Billing Date“). You will be charged on each Billing Date for all outstanding Subscription Fees that have not previously been paid. Shipping Fees, Transaction Service Fees or Subscription Fees are subject to change as set out in Section 6.4 herein. In order to access our Services, Users must maintain a minimum Account Balance (or named “Available Credits”) in the amount of HKD 0 in the ShipAny account at all times. In case of a negative amount in remaining Account Balance (or named “Available Credits”), you agree to deposit funds into your ShipAny account to cover any overdraft within fourteen (14) days.

You could top up funds into your ShipAny account directly i) using your credit card through Payment Gateway provided in the Website, or ii) by Bank Transfer then uploading bank transfer slips to ShipAny portal to maintain the Account Balance (or named “Available Credits”). There will be a transaction fee for these methods and please check the fee before proceeding the payment. ShipAny specifically disclaims any liability for any errors due to Payment Gateway or Bank Transfer.

The Auto Top-Up feature in ShipAny allows for automatic replenishment of your account balance when it falls below a specified threshold. To enable Auto Top-Up, you must provide accurate and up-to-date credit card information in the Payment Settings section of the ShipAny platform. ShipAny will charge your credit card for the specified amount to bring your account balance up. You have the option to set the threshold amount for Auto Top-Up and the Auto Top-Up amount, and you can disable the feature at any time in the Payment Settings section. ShipAny platform will only automatically top up a maximum of 1 times within 24 hours. ShipAny will make reasonable efforts to process Auto Top-Up transactions promptly, but delays may occur due to external factors. ShipAny reserves the right to modify or discontinue the feature without prior notice, ensuring alternative solutions or uninterrupted service. You are responsible for any charges or fees imposed by your credit card provider related to Auto Top-Up transactions. ShipAny may suspend or terminate access to the feature in cases of suspected fraud or violations of the user agreement. By enabling Auto Top-Up, you acknowledge and agree to these terms and conditions as part of ShipAny’s service.

ShipAny 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.

In the event that you disagree with any Shipping Fees, Transaction Service Fees or Subscription Fees invoiced to you, you shall submit such a complaint to ShipAny within thirty (30) days of the fee being invoiced ("Dispute Period"). ShipAny will not review customer requests for Shipping Fee, Transaction Service Fees or Subscription Fees adjustments that are received after the Dispute Period.

You acknowledge and agree that all fees, charges and any other rates or amounts charged by ShipAny to you hereunder are exclusive of any applicable value added, sales/use or goods and Services' taxes ("Transaction Taxes") which may be levied in connection with the supply by ShipAny of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees, Transaction Service Fees, Subscription Fees or other amounts charged by ShipAny to you.

For purposes of this Agreement, "ShipAny Property" shall mean (a) ShipAny's methodology for the provision of Services; (b) the Developer Tools; and (c) ShipAny's ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. ShipAny hereby retains all worldwide right, title and interest in and to the ShipAny Property. Any rights not expressly granted herein to the ShipAny Property shall be retained by ShipAny. You acknowledge that all right, title and interest to the ShipAny Property is owned by ShipAny.

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 ShipAny Property, or otherwise attempt to discern the functioning or operation of the Website or 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 ShipAny and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by ShipAny through our merchant Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to ShipAny Website. 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 ShipAny or the Services, or display them in any manner that implies ShipAny's sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper or other automated means to access the ShipAny Website or Services for any purpose without ShipAny's express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures ShipAny may use to prevent or restrict access to the ShipAny Website or the Services.

All materials provided by you under any format shall be deemed "Client Property" for purposes of the Agreement. You hereby grant to ShipAny a non-exclusive license to use the Client Property solely as strictly needed to provide the Services in accordance with this Agreement. No other licenses, express or implied, under any intellectual property rights are granted by you to ShipAny under these Terms of Service.

Each party ("Recipient") acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of 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, labeled 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: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by Recipient without restriction from a third party or breach of any confidentiality obligations, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser's Confidential Information, or (f) 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.

Other than transaction information absolutely required for ShipAny to provide, or for you to use the Services, ShipAny does not require nor desire any of your proprietary information ("Non-transactional Confidential Information"). You agree not to provide ShipAny with any Non-transactional Confidential Information, including, but not limited to, prototypes of new products, without ShipAny's express prior written consent. In the event that you send such Non-transactional Confidential Information to ShipAny without ShipAny's prior written consent, then ShipAny 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. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the 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 ShipAny'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 herein, you hereby acknowledge and agree that ShipAny may compile aggregate results from all of, or a selection of your use of the Services, provided that ShipAny must anonymize any information that would individually identify you, your merchants, your customers and the consignees (meaning all identifiers to you, your merchants, your customers and the consignees are permanently removed) ("Aggregate Information") for the purpose of carrying out internal offline analysis on performance of Couriers. You also hereby agree that ShipAny may review and use the Aggregate Information in order to evaluate ShipAny's provision of the Services, and to improve ShipAny's Services offerings.

You agree to indemnify and to hold harmless ShipAny, 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 Services and/or your violation of the Terms of Service. Upon requesting for our Service, you agree to indemnify and hold harmless ShipAny 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 ShipAny accepts such order.

ShipAny endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an "as is" and "as available" basis. Save that the Services and its Courier(s) will be provided in accordance with applicable laws and regulations, ShipAny and ShipAny'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 Services, Website, or third party services shall be at your own risk.

ShipAny does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. ShipAny will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but ShipAny makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays caused by third parties. ShipAny is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service due to factors outside of our control. We reserve the sole right to discontinue the Web Service and our Services, including any of the Web Service’s features, with reasonable prior notice to you.

You understand that ShipAny does not inspect your goods nor does ShipAny take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that ShipAny is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through ShipAny.

By using the Services, you acknowledge and agree that ShipAny disclaims all liability for the acts or omissions (including, without limitation, any negligence or willful misconduct) of any third party whether or not selected by or retained by ShipAny.

In no event shall ShipAny be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Web Service, any content, or any third party websites and content. Other than as set forth below, in no event shall ShipAny's liability under this agreement exceed the monies paid or payable by you to ShipAny for the applicable services excluding carrier fees or other third party fees ("damages cap"). In the event of an unauthorized transaction by a ShipAny employee or agent, ShipAny is only liable for the damages cap. ShipAny must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from ShipAny.

You are responsible to provide complete and accurate information in respect of the Shipment, including but not limited to the item category and item value 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 ShipAny for and hold ShipAny harmless from any loss or expense resulting as a consequence of the wrong information provided by you. ShipAny shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, ShipAny is in no way responsible for any damages, losses due to custom practice. ShipAny shall not be liable for the accuracy and truthfulness of the information provided by you.

The Users shall be responsible for any discrepancy between the Shipping Fee by ShipAny and any local fee, additional delivery fee, all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by ShipAny to you, in accordance with provision of this Agreement.

ShipAny shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, ShipAny shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.

ShipAny is a technology platform that connects shippers and couriers. In no circumstances will ShipAny be liable for any Services provided by any Courier. ShipAny is not liable for any damage, destruction, loss of Shipment, late delivery, or any issues with tracking, by the Courier. ShipAny is not liable for any delayed, wrong, or missed pickup by the Courier. Also if you use a shipping label from a Courier that does not provide any pickup service, you agree to be responsible to deliver the Shipment to the designated drop-off point. ShipAny is not liable for the delivery time information shown on the Web Service. The loss and damage liability is covered by the terms and conditions on liability of each Courier and you agree to consult the selected Couriers for the liability details if necessary.

ShipAny is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example a change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on ShipAny. ShipAny is not liable for any delay in the generation of shipping documents.

ShipAny currently does not provide extra insurance coverage for your Shipments. Please consult the selected Couriers for insurance coverage for your Shipments.

You have the right to terminate ShipAny’s services by sending a cancellation request to info@shipany.io upon no less than thirty (30) days’ prior notice to ShipAny. Subject to earlier termination as provided below, ShipAny may terminate your account and these Terms of Service at any time by providing thirty (30) days’ prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, ShipAny may also terminate these Terms of Service upon thirty (30) days' notice (or ten (10) days in the case of non-payment), if you breach any of the Terms of Service or conditions of these Terms of Service. ShipAny also reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Please note that Subscription Fees are non-refundable. Except as provided above, upon any termination of your account, ShipAny will by your express written request permanently delete all of the content provided by you and stored by ShipAny except Aggregate Information defined and to be used in accordance with Clause 8.6 above. ShipAny will reimburse the balance within ninety (90) Days.

Please note, while disagreements sometimes arise, ShipAny wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution, you can send an email to info@shipany.io. If you feel an escalation is merited, please email info@shipany.io regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.

These Terms of Service shall be governed by the law of the Hong Kong Special Administrative Region. By using our Services, you agree to submit to the exclusive jurisdiction of the Hong Kong Court.

If any provision of these Terms of 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 shall remain in effect and enforceable in accordance with their Terms of Service.

Failure or delay of ShipAny to exercise a right or power under these Terms of 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 ShipAny may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you login to your account, or mailing it to the street address listed in your account. 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 the email address listed in your account. 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. ShipAny reserves the right to terminate your account if you withdraw your consent to receive electronic communications.

You may not transfer or assign any rights or obligations you have under this Agreement without ShipAny's prior written consent and any attempted assignment without that consent will be void. ShipAny 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 shall be binding on and inure to the benefit of the parties' successors and assigns.

ShipAny shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing these Terms of Service.

ShipAny shall not be liable for any delays or inability to perform the Services caused by forces beyond ShipAny'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, strikes, lockouts, riots and civil commotions, or any reason beyond ShipAny's control, or because of loss or destruction of goods due to the above reasons, or because of any other excuse provided by law, ShipAny shall not be liable for failure to carry out such instructions.

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. For purposes of this Agreement, the use of a facsimile, email, or other electronic medium shall have the same force and effect as an original signature.