Terms of Use
Welcome to SmartPost Courier! Your use of this web site constitutes your agreement to be bound by these Terms of Use.
I. Acceptance of Terms
These Terms of Use (the "Terms") are applied between you and SmartPost Courier Inc., including its subsidiaries and affiliates ("SmartPost Courier", "we" or "our"), to the fullest extent permitted by law, particularly with regard to the access to or use of the official website located at (the "Site"). We remind you that before you access or use the Site, please carefully read and understand these Terms. By clicking the acceptance button or using the Site in any manner, you demonstrate your acceptance to be legally bound by these Terms. If you do not accept these Terms, you shall not access or use the Site.
You may be subject to additional terms or conditions that are incorporated in these Terms by reference when you use particular features of the Site or download materials from the Site, which requires you to abide by those additional terms or conditions. If you do not accept these additional terms or conditions, you shall not use those particular features of the Site.
II. Modification of Terms
We reserve the right to update, amend, replenish, expurgate, suspend or terminate the Terms and your access to the Site or any part thereof ("Updates"), at any time, without notice, and you should check these updates on a regular basis. These updates will take effect upon posting, and your continued use of the Site after the posting of such updates constitutes your legally binding acceptance of the new version of the Terms.
III. Content
All information available on the Site, including but not limited to computer codes, graphs, texts, user interfaces, visual interfaces, images, sound files, videos, music files, artworks, marks, logos (the "Content") shall belong to SmartPost Courier or its licensor, including the appearance, feeling, design, display, construction, selection, layout and arrangement of the Content. SmartPost Courier or its licensor shall own all legal rights, title and interest of the Content, which are under protection of applicable copyright, patent and trademark laws and regulations, and other intellectual property and unfair competition laws and regulations.
IV. Limitation on Use of the Site
SmartPost Courier grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access and use the Site and Content only for your private and non-commercial purposes, provided that you abide by these Terms. You shall not photocopy, reproduce, redistribute, republish, sell, broadcast, upload, post, publicly display, encode, translate, transmit, or frame any information included on the Site with super-links without the advanced written permission of SmartPost Courier or its licensor. You agree not to impose an unreasonably large load on the infrastructure of the Site, or any systems connected to the Site and not to disseminate any part available on the Site to news groups, mail lists, or bulletin boards. You agree that you have no right to modify, edit, change or add any part of the Content in any manner.
In addition, you agree to use the Site only to post, send and receive messages and materials that are appropriate and related to the purpose of the Site. You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other materials which are technically harmful. You agree not to attempt to gain unauthorized access to any part of the Site, or breach the authentication measures of any servers, computers, or any data bases connected with the Site by hacking or any other illegitimate means.
You agree not to use any portion of the Site for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity. This limited license will be ceased automatically if you breach any of these Terms, without notice. Upon termination of the license, you agree to immediately destroy any printed or downloaded materials. Besides, SmartPost Courier will report any such breach to the relevant law enforcement authorities and SmartPost Courier will cooperate with those authorities by disclosing your identity and any other relevant information provided by you.
V. Accuracy of Information
Even though the Site aims to provide latest, complete, and accurate SmartPost Courier services and products, certain inaccurate or obsolete information, typographical errors and omissions may occasionally be included in the Content, which have a negative influence upon the quality of Content. You agree not to depend on any information presented on this Site since it is provided for your convenience only, and agree that SmartPost Courier is not responsible for any errors in the Content, whether provided by SmartPost Courier or any third-party. SmartPost Courier does not guarantee the accuracy or completeness of any information in the Content. However, SmartPost Courier is able to change the Content or products available on the Site at any time without notice.
VI. Third-party Links
Links to third party websites or resources ("Linked Sites") may be incorporated in the Site; however, SmartPost Courier does not take control of these Linked Sites and does not assume liability for any information, advertisements, products or other materials on or available from such Linked Sites. In addition, Linked Sites are provided merely as a convenience to our customers, which does not imply that SmartPost Courier endorses the Linked Sites or the materials referenced therein, or becomes an association with their operators. In the course of accessing a Linked Site or using materials offered on or through the Linked Site, you are supposed to make your own independent judgment with respect to your interaction with such Linked Sites. You agree that any claims you might have regarding third party materials or Linked Sites shall be against the relevant third parties, rather than against SmartPost Courier.
VII. Account, Password and Safety
For the purpose of accessing or using certain aspects on or through the Site, you may be required to register an account with a user name and password. It is your responsibility to provide SmartPost Courier with current, complete and truthful information and maintain the confidentiality of the information referenced in your account. You are supposed to take full responsibility for any and all activities which take place under your account due to your failure to keep your information confidential, including any fees that may be caused under your account, whether or not you are the individual who undertakes such activities. Additionally, you agree to notify SmartPost Courier immediately if your account or password is lost, stolen, disclosed to an unauthorized third party, or in case of any other breaches of account security. You are not allowed to use account of anyone else at any time unless you are given the explicit permission of the holder of that account. Otherwise, unauthorized users may be subject to prosecution for legal liabilities.
VIII. User Submission
The Site is intended for adults, as well as minors who implied that they have got the permission of their guardians to make the submission by providing SmartPost Courier any information about themselves, including their names, addresses, telephone numbers, or email addresses (directly, or on site bulletin boards, blogs, etc.). For the purpose of these Terms, at the time of such information submission, adult and minor herein shall have the meanings as defined by the laws in force in the country where individual residence locates.
In respect of all information submitted by users ("User Submissions"), SmartPost Courier is not responsible for the accuracy or truthfulness of such information. Nonetheless, your User Submissions may not infringe any copyright, trademark, patent, trade secret or other intellectual property rights of any party, and may not violate any law, including but not limited to, those regarding consumer protection, data protection or unfair competition. Besides, you agree that your User Submissions is not defamatory, hateful, racial, religious, biased or offensive to any individual or corporation. You also acknowledge that your User Submissions would not include any viruses, worms, spywares, adwares, or other detrimental programs, either, imposing an unreasonably large load or adverse influence upon the Site. You agree that your User Submissions does not contain any unauthorized advertisements, junk mail, spam, or any other form of solicitation.
IX. Intellectual Property
Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as granting you or any third party any license or right, by implication, estoppel or otherwise, under any law, rule or regulation including, without limitation those related to copyright or other intellectual property rights. You agree that the Content and Site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The trademarks, logos, and service marks (collectively the "Marks") appearing on this Site are registered and unregistered Marks of SmartPost Courier. Use of this Site and the information contained in no way constitutes the granting by SmartPost Courier of any license or right to use any Marks displayed on this Site. You are strictly prohibited from using the Marks displayed on this Web Site or any other content on this Site, except as provided in the legal notices.
This site contains interactive areas which include, without limitation, any bulletin boards, discussion boards, comments sections, and question and answer features (the "Interactive Areas"). You grant to SmartPost Courier an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, links, data, information and other materials you submit (collectively, "Postings") to this Site. Said license is without restrictions of any kind and without any payment due from SmartPost Courier to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sub-license Postings in any form, medium, or technology now known or hereafter developed.
X. Disclaimer and Warranty
The Site, Content and its services are provided on an "as is" and "as available" basis. SmartPost Courier expressly disclaims, to the fullest extent permitted by law, all warranties of any kind, express, implied or statutory, including without limitation, the warranties of merchantability, fitness for a particular purpose, title, or non-infringement of Intellectual Property Rights. SmartPost Courier makes no warranty that the Site will be uninterrupted, timely, secure, or error-free, or any defects at the Site will be corrected. SmartPost Courier makes no warranty that any information contained in the Site or Content is accurate or reliable. SmartPost Courier makes no warranty that any information you download from the Site will be virus-free or without any technically harmful feature. SmartPost Courier makes no warranty for the acts, omissions and conduct of any third parties with respect to your use of the Site, content and services. You are supposed to take full responsibility for your use of the Site and Content. Your sole remedy against SmartPost Courier for dissatisfaction with the Site or any content is to terminate using the Site or any such content. This limitation of relief is a part of the bargain between the parties. If the Content or services is verified to be defective, you, and not SmartPost Courier, bear the whole cost of all necessary servicing and repair.
XI. Limitation of Liability
To the maximum extent permitted by law, SmartPost Courier will not be liable to you or third-party claiming through you for any indirect, extraordinary, exemplary, incidental, punitive or consequential damages arising out of or in connection with your displaying, copying or downloading information or materials contained on the Site, regardless of losing profits or other economic advantage, even though SmartPost Courier has been previously advised of the possibility of such damages. Notwithstanding the Terms, if SmartPost Courier is held to be liable to you for any and all damages, injuries or losses occurring during your use of the Site or any content, the maximum liability of SmartPost Courier shall not be in excess of the total amount of fees paid by you relating to any service on the Site prior to the date of the initial claim made against SmartPost Courier.
XII. Indemnity
You agree to defend, indemnify and hold harmless SmartPost Courier, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, partners, suppliers and licensors from any and all demands, actions, losses, liabilities, claims, expenses or costs, including reasonable attorneys' fees, which are incurred as a consequence of your violation of the Terms, any applicable laws and the rights of SmartPost Courier and third party, or as a consequence of your misuse of the Site or the Content, User Submissions, or services and activities occurring while using your account.
XIII. Privacy
SmartPost Courier's Privacy Policy applies to the course of using the Site, and the terms thereof constitute a portion of the Terms. Please review the Privacy Policy for the Site, which is incorporated on our website. Please click here to view our Privacy Policy. If you disagree with this Privacy Policy, you are not authorized to use the Site. Besides, by using the Site, you accept that Internet transmissions in connection with the access to or use of the Site are by no means completely private and secure. You also accept that any message or information you send to the Site may be read, copied, republished or intercepted by others, even if there is a special notice that a specific transmission is encrypted or may not be copied or republished.
XIV. Applicable Law and Dispute Resolution
Any dispute, claim, difference or other controversy arising out of or relating to your access to or use of the Site and the Terms shall be governed by, construed and interpreted in accordance with the laws of Hong Kong, without giving effect to principles of conflicts of law therewith. Any dispute or difference regarding the Terms or the Site which cannot be settled amicably shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The arbitration language will be English. The award of arbitration shall be final and binding the disputing parties.
XV. Violation of Terms
If you violate the Terms, SmartPost Courier shall have the right to terminate, suspend, or modify service to you, or your access to or use of all or portion of the Site, or close or deregister your account registered with SmartPost Courier, without further explanation, at any time. Besides, SmartPost Courier may disclose any relevant information we hold about you if it is necessary or convenient to collaborate with law enforcement authorities during the course of bringing legal proceedings against violators. You acknowledge that you would cooperate with SmartPost Courier in investigating suspected violations and that SmartPost Courier will be entitled to recover from you, including attorneys' fees and costs of such action, if we bring a legal action against you due to your violation of the Terms, in addition to any other relief granted to SmartPost Courier. You also agree that any violation by you of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to SmartPost Courier, for which monetary damages would be inadequate, and you are willing to give SmartPost Courier any injunctive or equitable relief that is necessary or appropriate in such circumstances.
XVI. Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. SmartPost Courier reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the location that SmartPost Courier operates and administers, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
XVII. Feedback
You acknowledge that your any feedback about improving the Site, any SmartPost Courier products and/or services will not be taken as confidential information. Therefore, we are allowed to employ such information without limitation.