Terms and Conditions of Services
Những Điều khoản và Điều kiện dịch vụ này ("Điều khoản") quy định việc sử dụng dịch vụ chuyển phát nhanh do KDExpress ("Công ty") cung cấp và tạo thành một thỏa thuận pháp lý ràng buộc giữa Công ty và Người gửi hàng ("Người gửi hàng"). Bằng cách sử dụng dịch vụ chuyển phát nhanh của Công ty, Người gửi hàng đồng ý tuân thủ những Điều khoản này.
1. Định nghĩa
1.1. "Công ty" đề cập đến KDExpress, một nhà cung cấp dịch vụ vận chuyển.
1.2. "Người gửi hàng" đề cập đến cá nhân, doanh nghiệp hoặc tổ chức sử dụng dịch vận tải của Công ty.
1.3. "Người gửi hàng" đề cập đến bất kỳ mục hàng nào được vận chuyển bởi Công ty thay mặt cho Chủ hàng.
2. Service Overview
2.1. KDExpress, through its affiliates, provides courier services for the delivery of various types of shipments, including documents, packages, and freight, within the designated service areas.
2.2. The Company offers a range of service options to cater to different requirements, including express delivery, standard delivery, international delivery, and additional value-added services, tailored to the specific requests of Shippers.
2.3. Services offered by KDExpress:
Express Delivery: KDExpress provides expedited shipping services for time-sensitive shipments that need to be delivered quickly.
Standard Delivery: For less time-critical shipments, KDExpress offers reliable and cost-effective standard delivery options with predictable transit times.
International Delivery: KDExpress specializes in international shipping, ensuring seamless delivery across borders and providing customs clearance assistance.
Freight Services: KDExpress handles larger and heavier shipments through its freight services, offering tailored solutions for efficient transportation and logistics management.
E-commerce Solutions: KDExpress offers specialized services for e-commerce businesses, including order fulfillment, inventory management, and returns processing.
Special Handling: For shipments with specific handling requirements, such as fragile items or hazardous materials, KDExpress provides specialized handling and packaging solutions.
Warehousing and Distribution: KDExpress offers warehousing and distribution services to assist businesses in storing and managing their inventory, as well as handling order fulfillment and distribution.
High-Value Item Shipping: KDExpress has expertise in handling high-value and valuable items, ensuring secure transportation and providing additional insurance coverage if required.
Customized Solutions: KDExpress is dedicated to understanding the unique needs of its Shippers and can provide customized shipping solutions tailored to specific requirements.
3. Terms Used
3.1. Business day means Monday through Friday except statutory holidays.
3.2. C.O.D. for all purposes means Collect on Delivery.
3.3. Declared Value for Customs is the value of the contents declared by the Shipper on international shipments for the assessment of customs, duties, and taxes by the destination country.
3.4. Declared Value for Carriage refers to the amount for which the Shipper wishes to obtain additional protection against loss or damage during shipping. The Shipper must declare the value for carriage. KDExpress’s maximum liability for the Package, Pallet, or Shipment is 30% of the value and no more than $200 or as the regulations of the third party. See Section Liability and Insurance for details.
3.5. International refers to all worldwide destinations, unless otherwise specified.
3.6. Delivery shall be deemed to include, but not be limited to any of the following:
- Delivery to the Consignee or their authorized agent or representative, as instructed by the Consignee.
- Delivery to the specified address or location recorded in the KDExpress Shipping System.
- Delivery to an alternative address or location as requested by Consignee with additional charges.
- Delivery in accordance with industry customs or practices.
- Delivery in accordance with KDExpress’s Driver Release procedures refers to the delivery of shipments to residential addresses as specified by the Shipper, whether with or without obtaining a signature as requested.
3.7. Prepaid refers to the situation where the Shipper pays all shipping and surcharges in advance.
3.8. Receiver or Consignee refers to the individual or to whom a shipment being sent.
3.9. Shipment refers to one or more Packages or one or more Pallets assigned by one tracking number and delivered to one single Receiver.
3.10. Shipper refers to the individual or entity that sends or initiates the shipment. They are responsible for preparing the shipment, providing necessary documentation, and arranging for its transportation with KDExpress. The shipper is typically the party that holds the KDExpress account used for processing the shipment or the party that contracted with KDExpress for the transportation service.
3.11. Tracking Number is a unique identifier assigned to a shipment by KDExpress or a courier service provider. It is used to track and monitor the progress of the shipment during transportation.
3.12. Third Party refers to any party that is not the Shipper or Receiver/Consignee.
3.13. Transportation charges refer to shipping or freight charges assessed for the air and surface movement of a Shipment, not including any other fees or charges such as Declared Value, additional service fees, or customs duties and taxes.
3.14. KDExpress locations include KDExpress headquarters, warehouses, or agents’ locations. KDExpress locations are strategically placed to efficiently handle the processing, sorting, and delivery of shipments within the service areas. Shippers can typically find KDExpress locations in various cities or regions, allowing them to drop off packages, pick up shipments, or inquire about services. Hours of operation and availability of staffing vary by location.
4. Booking and Shipment Preparation
4.1. The Shipper must accurately provide all necessary details while booking a shipment, including but not limited to the Shipper’s and Recipient’s/Consignee’s names, addresses, contact information, and shipment contents.
4.2. The Shipper must declare the value of shipment contents.
4.3. The Shipper is responsible for ensuring that the shipment is properly packaged, labeled, and prepared for transportation in compliance with applicable laws, regulations, and Company guidelines.
Proper Packaging
Proper packaging refers to the appropriate and secure way of preparing items for shipment to ensure the safe transportation and delivery. It involves using suitable materials and techniques to protect the contents from damage, minimize the risk of breakage, and withstand the rigours of the shipping process. Some key considerations for proper packaging include:
- Box or container selection: Choosing a sturdy and appropriately sized box or container that can accommodate the item(s) without excess empty space.
- Cushioning materials: Using cushioning materials such as bubble wrap, packing peanuts, or foam inserts to provide padding and protect the contents from impact and movement.
- Inner wrapping: Wrapping individual items or delicate parts with protective materials, such as tissue paper or bubble wrap, to prevent scratching or damage.
- Secure closure: Ensuring the box or container is securely sealed with strong packing tape to prevent it from accidentally opening during transit.
- Labelling: Clearly labelling the package with the Recipient’s or Consignee’s address, return address, and any necessary shipping labels or instructions.
- Consideration of item characteristics: Taking into account the fragility, shape, weight, and other specific requirements of the item being shipped when selecting packaging materials and methods.
Labelling
- All packages shipped through KDExpress must have a clearly affixed and completed label or source document.
- The label or source document should include essential information such as the KDExpress tracking number, the Shipper’s name and address, and the Receiver’s name and address, mode of transportation, weight of shipment, note.
- Previous labels or barcodes should be removed or concealed to avoid confusion during transit.
- KDExpress can deliver packages to P.O. Box addresses; a valid street address, including apartment/suite/unit number, is required.
- If shipping to a rural area, KDexpress can deliver to P.O. Box addresses; a valid street address, including apartment/suite/unit number, is required.
- It is the shipper’s responsibility to ensure the accuracy and legibility of the label or source document for smooth processing and delivery.
- Proper labeling helps ensure efficient handling and delivery of packages, reducing the risk of delays or misplacements.
4.4. KDExpress provides box, cushion materials, inner wrapping, labeling, special handling and packaging services with additional fees.
5. Prohibited and Restricted Items
The following conditions apply to prohibited and restricted items when using KDExpress services:
5.1. The Shipper must not use the Company’s courier services to transport prohibited or restricted items, including but not limited to hazardous materials, illegal substances, firearms, perishable goods, live animals, or any item that violates local, national, or international laws and regulations.
5.2. Prohibited Items: KDExpress has a list of items that are strictly prohibited from being shipped. These items include, but are not limited to, hazardous materials, illegal substances, firearms, explosives, live animals, perishable goods, and items that are prohibited by local, national, or international laws and regulations. Shippers are responsible for ensuring that their shipments do not contain any prohibited items.
5.3. Restricted Items: KDExpress may have certain restrictions on the shipment of specific items. These restrictions can vary depending on the destination country, local regulations, and the nature of the item. Shippers should check with KDExpress for specific restrictions that apply to their shipments.
5.4. Compliance with Laws and Regulations: Shippers are responsible for complying with all applicable laws, regulations, and restrictions related to the shipment of goods. This includes adhering to export control laws, customs regulations, and any other relevant requirements.
5.5. Liability and Consequences: If a shipper includes prohibited or restricted items in their shipment, they may be held liable for any damages, fines, penalties, or legal consequences that arise. KDExpress reserves the right to refuse the shipment of any prohibited or restricted items and may take appropriate actions to ensure compliance with laws and regulations.
5.6. Disclosure and Documentation: Shippers must accurately declare the contents of their shipments and provide all necessary documentation as required by KDExpress and relevant authorities. This includes providing accurate descriptions, values, and any additional documentation required for customs clearance or regulatory purposes.
5.7. Shippers are advised to review KDExpress’s terms and conditions, as well as consult with KDExpress directly, to ensure compliance with the specific requirements and restrictions regarding prohibited and restricted items.
5.8. The Company reserves the right to inspect and refuse any shipment that contains prohibited or restricted items.
6. Inspection Right
The Company reserves the right to inspect any shipment tendered to its service. This includes the right to open and examine the contents of the shipment for the purposes of verifying compliance with shipping regulations, ensuring proper packaging, and assessing any applicable fees or charges. The inspection may be conducted at any time during the transportation process, including prior to delivery. By using KDExpress services, the shipper acknowledges and agrees to this right of inspection.
7. Shipment Acceptance and Delivery
7.1. The Company will make reasonable efforts to deliver the shipment within the specified time frame. However, delivery times are estimates and not guaranteed.
7.2. The Shipper or the authorized recipient must be available at the specified delivery address to accept the shipment. If delivery cannot be completed, the Company may attempt redelivery or return the shipment to the Shipper at their expense.
8. Service Refusal
8.1. The Company reserves the right to refuse the acceptance of any shipment that does not comply with these Terms or presents a safety risk.
8.2. KDExpress may refuse service if the shipper fails to comply with packaging requirements, payment obligations, or other terms and conditions.
9. Rounding Measurements
guidelines set by airlines and rounds up measurements to the nearest kilogram or pound. This practice ensures compliance with airline regulations and facilitates smooth handling and accurate billing for our Shippers. By adhering to the specified rounding rules, the Company maintains consistency and alignment with industry standards, ensuring reliable and efficient shipment calculations throughout the transportation process.
10. Additional Charges
KDExpress offers the following additional services to cater to specific shipping requirements:
10.1. Pickup Service Charges: Pickup service charges refer to the fees associated with requesting KDExpress to pick up the shipment from the shipper’s location. The specific pickup service charges may vary depending on various factors, such as the distance between the pickup location and the nearest KDExpress facility, the frequency of pickups, the weight and dimensions of the shipment, and any additional services requested.
10.2. Heavy and Oversize Handling: The Company provides specialized handling for heavy and oversized shipments. This service ensures that the shipment is properly managed, taking into consideration its weight and dimensions, to ensure safe transportation.
10.3. Repackaging to Standard: KDExpress provides repackaging services upon request to ensure that shipments meet standard packaging requirements. This service is intended to enhance the safety of goods during transportation and reduce the weight or size of the shipment. Shippers who opt for this service can rely on KDExpress to professionally repack their items in accordance with industry standards, ensuring optimal protection and efficient handling throughout the shipping process.
10.4. Third Party Charge: Third-party charges refer to fees or charges imposed by entities other than KDExpress involved in the shipment or delivery process. These charges are typically incurred when KDExpress utilizes the services of third-party agents, carriers, or service providers to facilitate certain aspects of the shipment.
10.5. Storage Charges: If a shipment is held at a KDExpress facility for an extended period beyond 30 days storage timeframe, storage charges will be applied.
10.6. Re-Delivery Charges: In cases where an initial delivery attempt is unsuccessful, and a second or subsequent delivery attempt is required, KDExpress may impose re-delivery charges.
10.7. Documentation Fees: KDExpress may charge fees for the preparation or processing of customs documentation or other necessary paperwork for international shipments.
10.8. C.O.D Service Charges: refer to the fees associated with collecting payment from the recipient of a shipment on behalf of the shipper. KDExpress may have specific limits on the maximum C.O.D. amount that can be collected for a shipment. These limits may vary depending on the destination, service type, or other factors.
10.9. The specific types and amounts of additional charges can vary depending on the service provider, location, and specific circumstances of the shipment. It is recommended to review the terms and conditions provided by KDExpress or consult with their Shipper service for detailed information on applicable additional charges.
11. Payment and Charges
11.1. Payment Responsibility: The Shipper agrees to pay all applicable charges for the requested courier services, including transportation fees, surcharges, customs duties, taxes, and any additional value-added services requested by the Shipper.
11.2. Payment options: Payment can be made by the Shipper through various acceptable methods, including credit/debit cards, electronic funds transfer, or as otherwise specified by the Company.
11.3. Billing and Invoicing: The Company provided detailed invoices or statements reflecting the charges associated with each shipment. Invoices are typically issued on a periodic basis or as agreed upon with the Shipper. It is the Shipper’s responsibility to review and reconcile the charges and promptly address any discrepancies.
11.4. Late Payment and Collection: In the event of late or non-payment, KDExpress may apply late payment fees or interest charges as permitted by applicable laws and regulations. The Company reserves the right to take appropriate collection actions to recover unpaid amounts, including but not limited to engaging collection agencies or pursuing legal remedies.
11.5. Disputed Charges: If the Shipper disputes any charges on the invoice, they must notify KDExpress in writing within 24 hours of invoice receipt. KDExpress will review the disputed charges and provide a resolution based on the applicable terms and conditions.
11.6. Currency Conversion: For international shipments, currency conversion may be necessary. KDExpress applies its own currency conversion rates, which are subject to change and may include a conversion fee. The Shipper is responsible for any additional costs or fees associated with currency conversion.
11.7. Taxes and Duties: The shipper is responsible for any applicable taxes, duties, customs fees, or other government-imposed charges associated with the shipment. These charges are separate from the transportation fees and are typically assessed by the customs authorities of the destination country.
12. Shipping Charge Correction and Audits
12.1. Billing based on actual characteristics: The Company will charge Shippers based on the specific characteristics and requested services for the packages and pallets that are actually tendered to KDExpress.
12.2. Audits for verification: KDExpress reserves the right to conduct audits on packages, pallets, and invoices. These audits are performed to verify the accuracy of service selection, dimensions, shipment weight, and the applicability of charges.
12.3. Measurement devices and adjustments: During audits, KDExpress may use suitable measurement devices, including multidimensional measuring devices, to weigh and measure packages or pallets. Based on the audit results, KDExpress may adjust or increase charges at its sole discretion.
12.4. Billing based on Shipper-provided information: Even without conducting an audit, KDExpress has the discretion to bill charges based on the shipping characteristics provided by the Shipper.
12.5. Charges for altered dimensions: If the dimensions of a package or pallet are altered during transit, KDExpress reserves the right to bill charges based on the altered dimensions.
12.6. Timing of shipping charge corrections: It’s important to note that shipping charge corrections may not appear on the same invoice as the original transportation charges, as audits may occur at various transportation points before delivery.
12.7. Additional Handling Fee: KDExpress may apply an Additional Handling Fee, as specified in the current KDExpress rates, if the originally declared shipment weight by the Shipper is lower than the weight determined by KDExpress auditors.
12.8. By implementing these policies, KDExpress aims to ensure fair and accurate billing for its Shippers while maintaining the integrity of its shipping services.
13. Liability and Insurance
13.1. Limited Liability: KDExpress’s liability for loss, damage is typically limited unless additional insurance is purchased by the Shipper. The specific liability limits may vary based on the type of shipment, service selected, and the terms and conditions agreed upon between KDExpress and the Shipper.
13.2. Shipper’s Responsibility: The Shipper is responsible for providing accurate and complete information about the value of the shipment for insurance purposes, if applicable. It is important to declare the accurate value of the goods to ensure proper coverage and avoid any disputes regarding the liability in case of a claim.
13.3. Third-Party Liability: If a shipment is transferred to a third-party carrier or service provider for delivery, the liability for loss, damage, or delay may be subject to the terms and conditions of the third party. KDExpress’s liability may be limited to following the compensation regulations or liability provisions of the third party in such cases.
13.4. Compensation Policy
- A shipment is covered by KDExpress’s liability and the Shipper has fulfilled all necessary requirements, KDExpress may provide reimbursement or compensation in accordance with the Company terms and conditions.
- Reimbursement or compensation may be subject to certain conditions, including but not limited to:
- Compliance with KDExpress’s packaging, labeling, and preparation guidelines.
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- Fulfilling any specific documentation or declaration requirements as outlined by KDExpress.
- Filing a claim within 24 hours of delivery time.
- All shipping costs must be prepaid.
- KDExpress’s evaluation and assessment of the claim, including providing all necessary supporting documentation and evidence.
- KDExpress may compensate 30% of the value of the goods up to a maximum of CAD $200/shipment for goods with declared value in case of fire, explosion, airline’s missing & loss or cancellation or customs destroy or seize the goods or any other mishaps.
- If the shipment is transferred to a third party for transportation, the liability for loss or damage will be subject to the compensation regulations and policies of that third party. KDExpress will adhere to the liability terms and conditions set by the third party in such cases.
- Any reimbursement or compensation provided by KDExpress shall be subject to any exclusions or limitations outlined in their terms and conditions, including but not limited to the exclusion of indirect, consequential, or special damages.
13.5. Insurance Options: Shippers have the option to purchase additional insurance to protect their shipments against loss, damage, or theft. The details of the insurance coverage, including the coverage limits, terms, and premium rates, can be found in KDExpress’s insurance policy. It is the responsibility of the Shippers to review and understand the insurance options available and select the appropriate coverage for their shipment.
- Cover Limit: KDExpress may compensate 100% of the actual cash value of goods when damage or loss occurs if you choose a service with price declaration and goods insurance.
- Shipper’s Responsibility: The Shipper is responsible for providing accurate and complete information regarding the value of the shipment for insurance purposes.
- Filing a Claim: In the event of loss or damage to a shipment, the Shipper must follow the prescribed procedures for filing a claim with KDExpress. This may include providing supporting documentation, such as proof of value, photographs, or other evidence of the loss or damage.
- Claim Settlement: The settlement of insurance claims will be subject to the terms and conditions of the insurance policy. The amount of compensation will depend on factors such as the declared value of the shipment, the nature of the loss or damage, and any applicable deductibles or limitations specified in the insurance policy.
14. Claims Process
In the event of loss, damage, Shippers must follow KDExpress’s claims process to initiate a claim for compensation as following:
14.1. Notification: Notify KDExpress about the loss, damage within 24 hours of delivery time. Contact the Company Shipper service or claims department and provide KDExpress all relevant information regarding the shipment, including tracking number, description of the goods, and any supporting documentation.
14.2. Documentation: Complete the necessary claim forms provided by KDExpress. This may include a claim form, proof of value or invoice for the goods, photographs of the damaged items, and any other supporting documentation requested by KDExpress.
14.3. Investigation: KDExpress will initiate an investigation into the claim. The Company may inspect the shipment, review shipping records, and gather any additional information or evidence necessary to assess the claim.
14.4. Claim Assessment: The Company will evaluate the claim based on the provided documentation, investigation findings, and applicable terms and conditions. The Company will determine the eligibility and validity of the claim and assess the appropriate compensation amount.
14.5. Claim Resolution: Once the claim assessment is complete, KDExpress will communicate the resolution to the Shipper. This may include approval of the claim with a settlement offer or a denial of the claim if it does not meet the required criteria. In case of approval, KDExpress will proceed with the settlement process.
14.6. All claims will be processed within 30 business days.
15. Dispute Resolution
15.1. Any disputes or disagreements regarding the limited liability, reimbursement, or claims process should be resolved in accordance with the dispute resolution mechanisms specified in KDExpress’s terms and conditions.
15.2. This may include negotiation, mediation, arbitration, or recourse to the courts as outlined in KDExpress’s terms and conditions and governing law.
15.3. Shippers are advised to review KDExpress’s specific terms and conditions regarding limited liability, reimbursement, claims, and dispute resolution processes to understand their rights, obligations, and available recourse options.
15.4. The general guidelines for dispute resolution:
- Communication: In case of a dispute, the Shipper should first attempt to resolve the issue directly with KDExpress by contacting the Shipper Service Department. Clearly communicate the details of the dispute, including the nature of the problem, any supporting documentation, and the desired resolution.
- Mediation: If a resolution cannot be reached through direct communication, both parties may agree to engage in mediation. Mediation involves the assistance of a neutral third party who helps facilitate communication and negotiation between the Shipper and KDExpress. The mediator helps the parties explore potential solutions and reach a mutually acceptable agreement.
- Arbitration: If mediation is unsuccessful or not preferred, the parties may choose to resolve the dispute through arbitration. Arbitration involves presenting the dispute to an impartial arbitrator or a panel of arbitrators who will make a binding decision. The arbitrator(s) will review the evidence and arguments presented by both parties and render a final decision.
- Legal Action: In some cases, if all other methods of dispute resolution have been exhausted, legal action may be pursued. This involves taking the dispute to a court of law, where a judge or jury will evaluate the evidence and make a legally binding decision.
16. Changes, Cancellations, and Refunds
16.1. Changes: Shippers may request changes to their shipments, such as address modifications, delivery options, or service upgrades, subject to the terms and conditions of KDExpress. Any changes requested after the shipment has been tendered to KDExpress may be subject to additional fees or charges.
16.2. Cancellations: Shippers may request cancellations of their shipments before they have been tendered to KDExpress. Depending on the specific circumstances and the stage of the shipping process, cancellations may be subject to cancellation fees or charges.
16.3. Refunds: Refunds for cancelled shipments or any other eligible refunds will be processed according to KDExpress’s refund policy. The refund amount, if applicable, will depend on factors such as the services rendered, any incurred costs, and the terms and conditions agreed upon.
17. Exclusions and Limitations
17.1. KDExpress’s liability and compensation policies may include exclusions and limitations as specified in their terms and conditions.
17.2. These exclusions and limitations may vary depending on the nature of the shipment, the service type, and other relevant factors.
17.3. It is important for the Shipper to carefully review KDExpress’s terms and conditions to understand the specific exclusions and limitations that may apply to their shipments.
18. Amendments to the Policy
18.1. KDExpress reserves the right to modify or amend its limited liability and compensation policy at any time.
18.2. Any changes to the policy will be communicated to the Shipper through KDExpress’s website, Shipper notifications, or other appropriate means.
18.3. Continued use of KDExpress’s services after the modifications to the policy constitutes acceptance of the amended limited liability and compensation policy.
19. Governing Law and Jurisdiction
19.1. The limited liability and compensation policy of KDExpress shall be governed by and construed in accordance with the laws of the jurisdiction in which KDExpress operates.
19.2. Any disputes arising from or related to the limited liability and compensation policy shall be subject to the exclusive jurisdiction of the courts in the jurisdiction in which KDExpress operates.
19.3. By using KDExpress’s services, the Shipper acknowledges that they have read, understood, and agreed to the limited liability and compensation policy outlined in KDExpress’s terms and conditions
20. Termination and Suspension
The Company may terminate or suspend the provision of its courier services to the Shipper at any time without prior notice, in case of non-compliance with these Terms, violation of laws or regulations, or for any other valid reason.
21. Severability
If any provision of these Terms is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
By using the Company’s courier services, the Shipper acknowledges that they have read, understood, and agreed to these Terms and Conditions of Service.
22. Force Majeure
The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, government actions, or any other event of force majeure.
23. Confidentiality
The Company respects the privacy and confidentiality of the Shipper’s information. Any personal or business information provided by the Shipper will be handled in accordance with applicable data protection laws and the Company’s privacy policy.
Learn more about Chính sách bảo mật.
24. Intellectual Property
All intellectual property rights related to the Company’s courier services, including but not limited to trademarks, logos, and software, are the property of the Company or its licensors. The Shipper shall not use, reproduce, or modify any intellectual property without the Company’s prior written consent.
25. Amendments to the Terms
The Company reserves the right to modify or amend these Terms at any time. Any changes to the Terms will be communicated to the Shipper through the Company’s website or other appropriate means. Continued use of the Company’s courier services after the modifications constitutes acceptance of the amended Terms.
26. Entire Terms and Conditions Agreement
These Terms, along with any additional agreements or policies referenced herein, constitute the entire agreement between the Shipper and the Company regarding the use of the courier services and supersede any prior agreements or understandings, whether oral or written.
27. Assignment
The Shipper shall not assign or transfer any rights or obligations under these Terms to any third party without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms to a third party without the Shipper’s consent.
28. Waiver
28.1. The failure of the Company to enforce any provision of these Terms shall not be considered a waiver of its right to enforce such provision. Any waiver of any provision must be in writing and signed by an authorized representative of the Company.
28.2. These Terms and Conditions of Service constitute a legally binding agreement between the Shipper and the Company. By using the Company’s courier services, the Shipper acknowledges that they have read, understood, and agreed to these Terms and Conditions of Service.
29. Indemnification
The Shipper agrees to indemnify and hold the Company, its affiliates, employees, and agents harmless from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the Shipper’s use of the Company’s courier services, violation of these Terms, or any third-party claims arising from the Shipper’s actions or omissions.
30. Third-Party Services and Links
The Company may provide links or references to third-party websites, services, or resources. The Shipper acknowledges and agrees that the Company does not endorse or assume any responsibility for the content, accuracy, or availability of such third-party services or resources. The Shipper’s use of third-party services is at their own risk and subject to the terms and conditions of the respective third parties.
31. Feedback and Suggestions
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32. Language
The language of these Terms and the communication between the Shipper and the Company shall be English or Vietnamese.
33. Survival
The provisions of these Terms that, by their nature, should survive the termination or expiration of these Terms, including but not limited to the provisions related to liability, indemnification, and intellectual property, shall survive any such termination or expiration.
34. Contact Information
The Shipper can contact the Company for any questions, concerns, or notices regarding these Terms or the courier services provided by the Company using the contact information provided on the Company’s website or as otherwise communicated by the Company.
These Terms and Conditions of Service constitute the entire agreement between the Shipper and the Company and govern the use of the Company’s courier services. By using the Company’s courier services, the Shipper acknowledges that they have read, understood, and agreed to these Terms and Conditions of Service.
35. Electronic Communication
The Shipper agrees that the Company may communicate with them electronically, including but not limited to sending service-related notices, invoices, and updates to the email address or contact information provided by the Shipper. The Shipper acknowledges that electronic communication is deemed equivalent to written communication.
36. No Partnership or Agency
Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between the Shipper and the Company. The Shipper acknowledges that the Company’s provision of courier services does not make the Shipper an agent or representative of the Company.
37. Headings
The headings used in these Terms are for convenience purposes only and shall not affect the interpretation or construction of these Terms.
By using the Company’s courier services, the Shipper acknowledges that they have read, understood, and agreed to these Terms and Conditions of Service.
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