Terms and Conditions of Services
Acceptance of our Terms and Conditions of Services
Welcome to the website, www.vship.com, (the “Website”) of VSHIP Limited, a company incorporated in Hong Kong with limited liability (hereinafter referred to as “Company”, “we”, “VSHIP” or “us”). The following terms and conditions of services, together with any documents which have been expressly incorporated herein by reference (collectively, these “T&C”) govern your access to and use of the Website including any content, functionality and services offered on or through our Website (the “Services”).
This Website and the Services are offered and available to users who are 18 years of age or older. By using this Website and the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not use our Services.
Our roles and responsibilities
Through the Website and Services, VSHIP provides a neutral platform for communication between (i) shippers; (ii) carriers and/or forwarders (“Service Provider”) to streamline the shipping and forwarding processes. For the avoidance of doubt, a forwarder may also play the role of a shipper. You acknowledge and agree that VSHIP, including its subsidiaries and affiliates, is solely hosting and providing the Website and performing the Services as a facilitator to your transactions. VSHIP is not and will not at any time perform or offer to perform any duties as a shipper, carrier, freight forwarder, broker, export agent, courier, custom broker or any other transportation servicing entities. VSHIP is an independent contractor of the shipper and Service Provider to each transaction and is not an agent or employee of, or sponsored or endorsed by, the aforesaid parties. VSHIP does not screen shippers or Service Provider, or verify the accuracy of any information provided by them, and bears no responsibility or liability to shippers or Service Provider arising out of or related to their engagement of one another.
Representations and Warranties of Shippers and Service Providers
Shippers who use the Website and Services may specify their transportation needs in order for the Service Provider to arrange for those transportation services. If you are a shipper, you represent and warrant that you : (a) have not violated and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your freight, or the transportation services you are requesting, (b) have submitted true and accurate information regarding yourself, your freight, and the circumstances of your shipment, (c) have sufficient right, title, and interest in and to the freight allowing you to tender it for transportation. You acknowledge and agree that your selection of a Service Provider is based upon your own independent judgment and that you bear the associated risk solely.
Service Providers who use the Website and Services will provide shippers with transportation services. If you are a Service Provider, you represent and warrant that: (a) you have not violated and will not violate any applicable law or regulation of any governmental authority with jurisdiction over you, your company or the transportation services you are providing, (b) you have submitted true and accurate information regarding yourself, your business and the transportation services provided by you, (c) you and your underlying carriers or other service providers (if any) have all required permits, licences, authorities and insurance necessary to provide your services and you will maintain each of them at all times during the performance of your services. You acknowledge and agree that your offer to service a shipper is based upon your own independent judgment and that you bear the associated risk solely.
Amendments and Suspension
We may, in our sole discretion and without giving any prior notice, amend the contents or suspend the operation of this Website and the Services. We shall not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Website.
We may, but not obliged to, update the contents on this Website and the Services from time to time. We do not guarantee such contents are necessarily accurate, complete or up-to-date.
Registered Users and Account Security
You must keep your username and password confidential. You also acknowledge that your account is personal to you and agree not to allow any other person to access the Website and use the Services with your username, password or other information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. When you use your account from a public or shared computer, you should use it with caution so that others cannot view or record your password or other account information.
We have the right to suspend or terminate any account at any time in our sole discretion if, in our sole and unfettered opinion, that you have violated any provision of these T&C.
User Content and VSHIP Content
Users may submit text, images, photos, and other forms of data or communications, including but not limited to comments, messages, ratings, reviews and other information (“User Content”). All other contents on the Website that are not User Content will be deemed as our content (“VSHIP Content”). You agree that you are solely responsible for your User Content, including but not limited to any damage, loss, or other liability created by such User Content. You represent and warrant that: (a) you have the necessary authorizations or permissions to use and submit your User Content; and (b) your User Content complies with the Content Requirements as set out in these T&C. VSHIP disclaims any responsibility for any and all User Content submitted to and available on the Website.
VSHIP owns all interests, rights and title in and to the VSHIP Content, including but not limited to copyrights, trademarks, services marks, trade names, and other intellectual and proprietary rights. You agree not to modify, reproduce, distribute, create derivative works of, display, or otherwise use the VSHIP Content in any way except as expressly permitted under these T&C.
You are the owner of your User Content and you hereby grant VSHIP a non-exclusive, unrestricted, irrevocable, royalty-free, world-wide, perpetual, assignable, sub-licensable and transferable right to use your User Content, including but not limited to publication, alteration, creation of derivative works from, distribution, translation, commercialization and any other potential use that VSHIP may pursue. You also agree to grant to all other visitors and Users of the Website and the Services the right to access and view your User Content on the Website in connection with their use of the Services.
You agree that VSHIP may, in its sole discretion, use, delete, edit, flag, or otherwise control the User Content displayed on the Website. You also acknowledge that VSHIP cannot guarantee that the User Content is accurate or reliable.
You acknowledge that VSHIP does not have the obligation to review or verify the accuracy of the User Content before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted.
VSHIP assumes no responsibility for any action or inaction regarding transmissions, communications or content provided by any User or third party. If the Website or the Services provide or contain links to other websites of third parties, these links are provided for your convenience only and we have no control over the contents of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of or reliance on them.
Content Requirements and Prohibited Uses
All User Content must comply with applicable laws and regulations and the “Content Requirements” as stated herein. Without limiting to the foregoing, you agree that User Content must not:
- contain any material which is offensive, indecent, obscene, abusive, defamatory, harassing, violent or otherwise objectionable.
- discriminate others based on age, sex, sexual orientation, race, religion, nationality, disability, family status.
- promote any illegal activity, or advocate, promote or assist any unlawful act.
- involve commercial activities or sales or marketing without our prior consent.
- infringe any intellectual property rights of any other person, including without limitation, copyright, patent, trademark, trade secret, etc.
- impersonate any person or misrepresent your identity or affiliation with any person or organization.
- cause annoyance, inconvenience or be likely to upset, embarrass or annoy any other person.
- give the impression that the User Content is issued or endorsed by us or any other person or entity, if this is not the case.
You further agree not to:
- use the Website and the Services in any way that violates any applicable laws or regulations.
- write fake or defamatory reviews or otherwise act in a manner that, in our sole opinion, adversely affect the image or reputation of VSHIP and the value of the Website or the Services.
- transmit, or procure the transmission of, any advertising or promotional material, including without limitation any “chain letter”, “junk mail” or “spam”.
- engage in any other conduct which, in our opinion, may: (a) restrict, affect or interfere with others’ use of or the proper operation of the Website or the Services, or (b) harm the Company, guests or Users of the Website or the Services, or expose the aforesaid parties to liability, or (c) damage, disrupt, disable, overburden, or impair any or all parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- adapt, copy, distribute, modify, reproduce, translate, create derivative works or adaptations of, publicly display, sell or in any way exploit the Website, the Services, or the VSHIP Content.
- introduce any viruses, worms, trojan horses or other material which may be harmful to or adversely affect the Website, our Services, or our Users and visitors.
Disclosure of Identity
You agree that we have the right to:
- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- take appropriate legal action or refer to law enforcement agencies, for any illegal or unauthorized use of the Website or the Services.
Without limiting to the foregoing, we have the right to fully cooperate with any law enforcement agencies or court order requesting or demanding us to disclose the identity or other information of anyone posting any materials on the Website. YOU HEREBY WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSEES AND SERVICE PROVIDERS, AS APPLICABLE, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE AFOREMENTIONED PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
No Warranty and Disclaimer
The information posted on the Website and the Services, including any User Content, is made available solely for general information purposes. We do not warrant the accuracy of such information. We disclaim all liability and responsibility arising from any reliance placed on such information by you or by any other third party.
YOUR USE OF THE WEBSITE, THE SERVICES, AND ANY SERVICES OR ITEMS DOWNLOADED OR OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THE WEBSITE, THE SERVICES AND ANY SERVICES OR ITEMS DOWNLOADED OR OBTAINED THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
VSHIP SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, MALWARE OR OTHER MATERIAL THAT MAY CAUSE HARM TO DAMAGE OR ADVERSELY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL CAUSED BY YOUR USE OF THE WEBSITE OR THE SERVICES OR ITEMS DOWNLOADED OR OBTAINED THROUGH THE WEBSITE OR THE SERVICES, OR ON ANY WEBSITE LINKED TO IT.
NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE SERVICES OR ANY SERVICES OR MATERIALS OR ITEMS DOWNLOADED OR OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, ERROR-FREE, RELIABLE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Changes to these T&C
These T&C may be revised or amended from time to time in our sole and absolute discretion. All changes shall become effective immediately when the same has been posted on the Website. Your continued use of the Website and the Services following the posting of the revised T&C means that you accept and agree to the changes. You should check this page frequently so that you are aware of any changes which are binding on you.
Limitation on Liability
You acknowledge and agree that VSHIP is not a shipper, carrier, forwarder, or other transportation services provider, and is therefore not liable to you for any loss, damage, injury, delay, mis-delivery, or non-delivery of freight, or for the accuracy of quotes or payment of any freight charges or any other fee, cost or expense. VSHIP will not facilitate, assist, or manage the claims process on behalf of any shipper or Service Provider.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VSHIP, ITS AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, SERVICE PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR AVAILABLE THROUGH THE SERVICES, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, PERSONAL INJURY, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, FORESEEABLE OR OTHERWISE.
You agree to indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their respective directors, officers, employees, agents, consultants, contractors, licensors, suppliers, successors and assigns (the “VSHIP Entities”) from and against any and all claims, liabilities, damages, judgments, awards, losses, fees, costs or expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of any law or regulation, (b) your violation of these T&C or your use of the Website and the Services, (c) your submission to or use of any information obtained from the Website or the Services, or (d) the infringement by you or any third party using your account of any intellectual property or other right of any person or entity. Your indemnification obligations will survive your ceasing use of the Website and the Services, or the termination or expiration of these T&C.
VSHIP reserves the right to assume the exclusive defence and control of any matter for which you are required to indemnify us at your costs and expenses and you agree to fully cooperate with our defence of these claims. VSHIP shall notify you, as soon as reasonably practicable, of any such claim, action, or proceeding upon becoming aware of it. You agree not to settle any such matter without our prior written consent.
No Waiver and Severability
No waiver by the Company of any term or condition set forth in these T&C shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these T&C shall not constitute a waiver of such right or provision.
If any provision of these T&C is held by a court or other tribunal of competent authority to be invalid, illegal or unenforceable for any reason, such provision shall be deemed to be deleted from these T&C and the remaining provisions of the T&C will continue in full force and effect.
Governing Law and Jurisdiction
All matters relating to the Website, the Services, and these T&C, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”) of the People’s Republic of China.
Any legal suit, action or proceeding arising out of, or related to, these T&C, the Website, or the Services shall be instituted exclusively in the courts of Hong Kong, although we retain the right to bring any suit, action or proceeding against you for breach of these T&C in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Your Comments and Other Communications
This Website is operated by VSHIP Limited.
All notices of copyright infringement claims, feedback, comments, requests for technical support and other communications relating to the Website and the Services should be directed to: email@example.com or sent to our registered office at 11/F. & 12/F., Tower B, Regent Centre, 63 Wo Yi Hop Road, Kwai Chung, Hong Kong.
In the event of any inconsistency between the Chinese translation and the English text hereof, the English text shall prevail.
Last Modified: 28 March 2018