Nutzungsbedingungen

Zuletzt aktualisiert: 12. November 2018

These Terms of Use ("Terms of Use", "These Terms"), contain the legal terms and conditions that govern your use of the Service or a portion of the Service, specified in the Order Form. These Terms incorporate by this reference AfterShip Privacy Policy.

Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use, in the Order Form or will be presented to you for your acceptance when you sign up to use the Supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms”.

AfterShip may update these Terms from time to time. The most current version of these Terms will be posted on the Site. When changes are made, AfterShip will make a new copy of the Terms available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site. We will also update the “Effective” date at the top of the Terms of Use. Any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Site, or within or through the affected Service on the Site, as applicable. If we determine in our sole discretion that an update is a material, we will notify you through the Service and/or by email to the email address stated in the Order Form. We may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall notify AfterShip in order to arrive at a mutual solution through negotiation. If no agreement is reached, you shall stop using the Services. Otherwise, your continued use of the Service constitutes your acceptance of such change(s). Please check the Site regularly to view our then-current Terms.

If any individual enters into these Terms on behalf of a company, organization or another legal entity ("Entity"), said individual agrees to these Terms of Use for that Entity and represents to AfterShip that he/she has the authority to legally bind such Entity and its Affiliates.

1. DEFINITIONS

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:

Account means any and all AfterShip accounts created or on behalf of by the User.

Affiliates means any and all Entities wherever incorporated which is a parent company, a subsidiary, and/or an associated company.

AfterShip means AfterShip, Ltd. and its Affiliates.

AfterShip Tracking means any and all services provided by AfterShip in connection with tracking and parcel information (such as individually reported tracking events, parcel location, and timing information) including but not limited to the relevant portions of the Site, Sofware, API, and Documentation.

AfterShip Returns Center means any and all services provided by AfterShip in connection with product returns (such as providing a returns center into the User's store, updating return policies and instructions, tracking the returns, and email the tracking status to the User's customers) including but not limited to the relevant portions of the Site, Software, API and Documentation.

API means the application programming interfaces developed and enabled by AfterShip that permits User to access certain functionality of the Service including but not limited to the AfterShip REST API that enables the interaction with an AfterShip instance automatically through HTTP requests and the AfterShip application development API that enables the integration of an AfterShip instance with other web applications.

Confidential Information means all information disclosed by the user to AfterShip or by AfterShip to User which is in tangible form and labeled "confidential" (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the receiving party by a third party not known by the receiving party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms, or (d) was or is independently developed by the receiving party without the use of the disclosing party's Confidential Information.

Data means all electronic data, text, messages, or other materials submitted to the Service by You in connection with Your use of the Service.

Documentation means any written or electronic documentation, images, video, text, or sounds specifying the functionalities of the Service provided or made available by AfterShip to You through the Site or otherwise.

End-User means a third party that is authorized to use the Services subject to an agreement with User or AfterShip.

Google Data means all Data obtained by AfterShip through the Google Gmail API or Google Drive API.

Personal Data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

Postmen means any and all services provided by AfterShip in connection with shipping APIs (such as generation of shipping labels, customs documents, creation of shipments, creation of manifest files, and canceling labels) including but not limited to the relevant portions of the Site, Software, API and Documentation.

Released Parties means AfterShip, and its officers, directors, shareholders, employees, agents, and successors.

Service(s) means any and all services provided by AfterShip to User including but not limited to the use and access to the Site, AfterShip Tracking, Postmen, Aftership Returns Center and tools such as Software, API, and any Documentation. Any new or modified features added to the Service are also subject to these Terms.

Service Plan means the specific plan for which You subscribe, whether free or paid, as detailed on the Site, and the portion of the Service associated with said plan.

Site means any and all websites operated or owned by AfterShip including namely but not exclusively www.aftership.com.

Software means any and all software(s) provided by AfterShip to Users.

Subscription Term means the period during which the User has agreed to subscribe to the portion of the Service as detailed in the Service Plan.

Third Party Services means third party products, applications, services, software, products, networks, systems, directories, websites, databases, and information which the Service links to, or to which User may connect or enable in connection with the Service, including, without limitation, certain Third Party Services which may be integrated in the Service.

User, You, Your means any individual or entity using the Site and/or the Services.

2. GENERAL CONDITIONS; ACCESS TO AND USE OF THE SERVICE

2.1 Subject to the agreement and the compliance by User with these Terms, User has the right to access and use the portion of the Service provided by AfterShip for free and with no subscription, as detailed on the Site. The Application developer and API agreement shall apply to the use of the API in connection with these Terms.

2.2 An Internet connection is required for proper transmission of the Service. User is responsible for procuring and maintaining the network connections that connect the network to the Service, including, but not limited to, "browser" software that supports protocols used by AfterShip, including Secure Socket Layer (SSL) protocol or other protocols accepted by AfterShip. Aftership is not responsible for any modification or compromise of data, including Your Data, caused by the transmission across computer networks or telecommunications facilities that are not owned, operated, or controlled by AfterShip. AfterShip assumes no responsibility for the reliability or performance of any connections described in this section.

2.3 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service to process data on behalf of any third party; (c) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (d) falsely imply any association or partnership with AfterShip; (e) use the Service in any unlawful manner, including but not limited to violation of any person's privacy rights; (f) use the Service to send unsolicited or unauthorized junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person's intellectual property rights and any privacy rights; (h) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of the Software, the Site or the Service; (j) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (k) use the Service to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ("Malicious Software"); (l) try to use, or use the Service in violation of these Terms; (m) obtain or attempt to obtain any materials, documents or information, including namely but not exclusively personal identification, password and other information of any other User through any means not purposely made available through the Service; (n) probe, scan, or test the vulnerability of any system or network of AfterShip or breach any security or authentication measures, avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by AfterShip to protect the Service, Site or Software (o) misrepresent yourself, your age or impersonate any other individual or entity.

2.4 Aftership does not knowingly collect personally identifiable information from users under the age of 18.

2.5 User is responsible for compliance with the provisions of these Terms and for any and all activities that occur under the Account, as well as for Your Data. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations including namely but not exclusively all applicable privacy laws and regulations. You are solely responsible for ensuring that the transmission, collection, and use of your data does not infringe any third party's intellectual property and privacy rights. The user also maintains all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for its purposes. Users are responsible for maintaining the confidentiality of all Login information related to the Account.

2.6 AfterShip reserves the right to temporarily suspend Your access to and use of the Service: (a) during planned downtime for upgrades and maintenance; (b) during any unavailability of the Service caused by Force Majeure events or circumstances; or (c) if AfterShip suspects or detects any malicious software or file connected to Your Account or use of the Service by You.

3. DATA PRIVACY AND SECURITY; CONFIDENTIALITY

3.1 Subject to the express permissions of these Terms, You and AfterShip will protect each other's Confidential Information from unauthorized use, access, or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, AfterShip and User may use the other party's Confidential Information solely to exercise their respective rights and perform their respective obligations under these Terms and shall disclose such Confidential Information solely to those of their respective employees, representatives, and agents who have a need to know such Confidential Information for such purposes and who are bound to maintain the confidentiality of, and not misuse such Confidential Information.

3.2 AfterShip will maintain commercially reasonable administrative, physical and technical safeguards to protect the security, confidentiality, and integrity of your data.

3.3 You agree that AfterShip and the service providers AfterShip uses to assist in providing the Service to You shall have the right to access Your Account and to use, modify, reproduce, distribute, display and disclose Your Data solely to the extent necessary to provide the Service, including, without limitation, in response to Your support requests. Any Third Party Service providers AfterShip utilizes will only be given access to Your Account and Your Data as is reasonably necessary to provide the Service.

AfterShip may also access or disclose information about the Account, Your Data, Users in order to (a) comply with the law or respond to lawful requests or legal process, or (b) protect AfterShip's or its customers' or partners' rights or property, including enforcement of these Terms or other policies associated with the Service.

3.4 AfterShip collects certain information about the Account, Your Data, Users, End-Users as well as the devices, computers and other tools used in connection with the Service. AfterShip uses, discloses, and protects this information as described in AfterShip Privacy Policy, the current version of which is available at www.aftership.com/privacy. User agrees to provide all relevant notices and obtain any consent required to share the information with AfterShip and such notices and consents must sufficiently inform data subjects of the purposes for which personal information is collected.

3.5 AfterShip will process, use, modify, collect and store Personal Data within the meaning of applicable data protection laws and regulations.

3.6 As part of the provision of the Services, AfterShip may process Personal Data, as a processor, on behalf of the user, the controller. In such a case, the following provisions 3.6-3.8 apply.

AfterShip will process Personal Data for the entire duration of the performance of the Services for User, and longer as may be required by law or to meet necessary retention periods.

Depending on Services rendered, the processing shall take the following form:

a. Aftership Tracking:

(i) categories of Personal Data:

  1. Order Information
  2. Shipping Information
  3. Customer Information
  4. User Information
  5. Tracking Information
  6. Connected Email Information

(ii) categories of data subjects: end-customers and merchant representatives

(iii) nature and purpose of the processing: All Personal Data processing is linked to the use of the AfterShip Services through the AfterShip Site and Software in order to:

  1. Help Users to provide a branded tracking experience to end customers
  2. Help Users to send delivery emails or SMS notifications to end customers
  3. Help Users to manage the delivery status of all shipments in one place
  4. Help Users to monitor shipping performance
  5. Help Users to customize tracking and notification experience"

b. Postmen:

(i) categories of Personal Data:

  1. Order Information
  2. Shipping Information
  3. Customer Information
  4. User Information
  5. Carrier Account Information
  6. Label & Rates Information

(ii) categories of data subjects: end-customers and merchant representatives

(iii) nature and purpose of the processing: All Personal Data processing is linked to the use of the AfterShip Services through the AfterShip Site and Software in order to:

  1. Help Users to generate and print shipping labels
  2. Help Users to calculate and compare shipping rates
  3. Help Users to manifest (i.e. send data to carriers)
  4. Help Users to view shipping performance
  5. Help Users to manage all carrier account information in one place

c. AfterShip Returns Center:

(i) categories of Personal Data:

a. Order Information. Shipping Information. Customer Information. User Information. Returns Information

(ii) categories of data subjects: end-customers and merchant representatives

(iii) nature and purpose of the processing: All Personal Data processing is linked to the use of the AfterShip Services through the AfterShip Site and Software in order to:

  1. Help Users to provide a branded returns experience to end customers
  2. Help Users to send returns status updates notifications to end customers
  3. Help Users to manage all returns request in one place
  4. Help Users to monitor returns performance
  5. Help Users to customize returns and notification experience

The different categories of Personal Data cover the following elements:

Order Information

order number, order value, order date, item name, item value, item amount, item weight

Shipping Information

tracking number, carrier name, shipping method, box type, parcel weight, ship date, ship from address

Customer Information

customer name, customer email, customer phone number, customer's shipping address

User Information

user name, user email, password, store name, store website, social media profiles, brand logo, marketing banner, payment information, carrier preferences, notification content, notification preferences, account settings

Tracking Information

delivery status, delivery location, delivery date, signed by name, expected delivery date

Connected Email Information

email content, email date

Carrier Account Information

carrier account number, carrier account credentials

Label & Rates Information

shipping label file, shipping rates, the manifest file

Returns Information

returns reason, returns method, resolution type, returns product images, refund amount, returns date

3.7 User represents and warrants that it processes all Personal Data in accordance with the applicable data protection laws and regulations. In this respect when acting as a controller, the user shall ensure that all Personal Data was collected in accordance with the applicable data protection laws and regulations on valid legal grounds, all the necessary Personal Data information communications related to transparency have been made to the data subject, in particular regarding the existence of international transfers and the sharing of Personal Data, as well as the necessary consents for conducting direct marketing or other data processing activities validly obtained.

The user further acknowledges that AfterShip, as a company based in Hong Kong, processes Personal Data outside of the European Economic Area (EEA) and that AfterShip uses sub-contractors based outside of the EEA.

3.8 With respect to any Personal Data processing, Aftership shall:

a. process such Personal Data only on documented instructions from User, including with regard to transfers of Personal Data to a third country or an international organization;

b. when processing Personal Data outside of the EEA and to the extent necessary, take all reasonable steps to implement one of the mechanisms foreseen under the applicable data protection laws and regulations to ensure an adequate level of protection for Personal Data processing activities;

c. ensure that persons authorized to process such Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

d. implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account, in particular, the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Personal Data transmitted, stored or otherwise processed, and ensure that any natural person acting under the authority of User who has access to Personal Data does not process them except on instructions from the user unless he or she is required to do so by applicable law;

e. AfterShip shall impose on any other processor that it engages for carrying out specific processing activities on behalf of User, the same data protection obligations as set out herein, by way of a contract or other legal act under applicable law. Where that other processor fails to fulfill its data protection obligations, AfterShip shall remain fully liable to the user for the performance of that other processor's obligations.

f. taking into account the nature of the processing, assist User by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of User's obligation to respond to requests for exercising the data subject's rights under applicable data protection legislation. AfterShip may charge an additional fee for the administration of such requests;

g. assist User in ensuring compliance with the obligations under applicable data protection legislation in relation to the security of processing, to the notification of any breach of Personal Data to supervisory authorities and data subjects where relevant, to the carrying out of data protection impact assessments where required and to prior consultation of the supervisory authority;

h. at the choice of User, delete or returns all such Personal Data to User after the end of the provision of the Products and Services under the Agreement, and delete existing copies unless applicable law requires the storage of the Personal Data;

i. make available to User all information necessary to demonstrate compliance with these obligations and allow for and contribute to audits, including inspections, conducted by User or another auditor mandated by User.

j. Audit and inspection costs, as well as any other unreasonable expenses for compliance with the foregoing obligations in this clause, shall be borne by the User.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Subject to these Terms, AfterShip hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Service. The rights granted herein are subject to Your compliance with these Terms of Use. The Service is being licensed to you and you hereby acknowledge that no title or ownership in the Service is being transferred or assigned and these Terms of Use are not to be construed as a sale of any rights in the Service.

4.2 The trademarks including the mark AfterShip® as shown on the Site, the Software, or the Documentation are trademarks owned by AfterShip (collectively, "AfterShip Trademarks"). Unless otherwise provided by applicable laws or regulations, AfterShip Trademarks may not be used in any manner other than expressly authorized in a written agreement.

4.3 AfterShip shall maintain all rights, title, and interest in and to AfterShip patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and any other intellectual property and/or proprietary rights (collectively, "Intellectual Property Rights"). The rights granted to You to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights. AfterShip shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback AfterShip receives from You. AfterShip reserves all rights not expressly granted to You.

4.4 All content of the Service, Site or Software including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, product and virtual product descriptions and design, FAQs, videos, logos, AfterShip Trademarks, sounds, music, artwork, computer code and programming (collectively, "Content"), including the arrangement of such Content, is owned, controlled or licensed by or to AfterShip, and is protected by trade dress, copyright, and trademark laws, various other intellectual property rights, and unfair competition laws. Except as expressly provided in the Terms of Use or authorized by AfterShip in a written agreement, no Content or part of Content may be copied, duplicated, sold, resold, reverse engineered, decompiled, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way through any media whatsoever.

5. THIRD-PARTY SERVICES

5.1 If You decide to enable, access, or use Third Party Services, be advised that Your access and use of such Third Party Services is governed by the terms and conditions of such Third Party Services, and AfterShip does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Third Party Services, including, without limitation, the accuracy, completeness or authenticity of the information contained or the manner in which the service providers of such Third Party Services handle data, including Your Data, or any interaction between You and the service provider. You irrevocably waive any claim against AfterShip with respect to such Third Party Services. AfterShip is not liable for any damage or loss caused or alleged to be caused by or in connection with Your enablement, access, or use of any such Third Party Services, or Your reliance on the privacy practices, data security processes, or other policies of such Third Party Services. You may be required to register for or log into such Third Party Services on their respective websites. By enabling any Third Party Services, You are expressly permitting AfterShip to disclose Your Login as well as Your Data as necessary to facilitate the use or enablement of such Other Service.

5.2 The Service may contain features and functionalities that may link You or provide You with access to third-party content which is completely independent of AfterShip, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products, or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Service are solely between you and such organizations or individuals. You should make whatever investigation You feel necessary or appropriate before proceeding with any interaction with any of the third parties providing Third Party Services. You agree that AfterShip is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.

5.3 If there is a dispute between Users, or between Users and any third party, You understand and agree that AfterShip is under no obligation to become involved. In the event that You have a dispute with any other User, You hereby release the Released Parties from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

5.4 Aftership may obtain information, including Personal Data, from third parties and combine that with information Aftership collects through the Service such as in the case where You use a Third Party Service or where we may have access to certain information from a third party social media or authentication service if You log in to Our Services through such service or otherwise provide Us with access to information from such service. Any access that We may have to such information from a third-party social or authentication service is in accordance with the authorization procedures determined by that service.

6. AFTERSHIP TRACKING

In addition to the Terms of Use, the following terms apply to Your access and use of AfterShip Tracking.

6.1 During the Subscription Term and subject to compliance by the user with these Terms, the user has the limited right to access and use the portion of the Service consistent with the Service Plan.

6.2 In order to subscribe to paid Service Plans, the user shall pay a subscription fee as described in the Order Form.

6.3 Downgrading the Service Plan may cause loss of content, features, or access to specific portions of the Service that may have been previously available to the user. AfterShip does not accept any liability for such loss.

6.4 AfterShip provides tracking information originating from the relevant carriers. In addition, and without any limitation to the Warranty Disclaimer provided in These Terms, AfterShip makes no warranty whatsoever (i) in respect of the accuracy and integrity of the information provided by the carriers and (ii) that the information will be communicated to the User integrally and/or in a timely manner.

7. POSTMEN

7.1 Postmen allows you to (i) print shipping labels of supported carriers (see the relevant portion of the Site for more information about the carriers), (ii) get rates across carriers, (iii) validate addresses by carriers, (iv) generate commercial invoices from carriers, and (v) automatically use negotiated rates of your carrier accounts.

7.2 AfterShip serves only as an intermediary between You and the carrier, allowing You to purchase and print shipping labels ("Labels"). You are responsible for shipping to your customers. AfterShip is not responsible for pick up, transport, delivery or generally to deal with Your shipments.

Your use of the carrier's services is subject to, and You are responsible for compliance with, all applicable terms and conditions. Please refer to the terms and conditions from the applicable carrier. AfterShip provides a list of terms and conditions originating from the relevant carriers but makes no warranty whatsoever in respect of the validity and the application of these terms to Your shipments. Please also refer to the applicable shipping restrictions for more information about what You are and are not permitted to ship through the applicable carrier.

You are responsible for compliance with all applicable laws and regulations including but not limited to local and international shipping and customs regulations.

You may not use Postmen for any illegal or unauthorized purpose.

7.3 AfterShip will not be responsible for any local customs charges, import taxes or duties, or any similar charges related to your shipments. If any such charges become due as a result of your use of Postmen and are charged to AfterShip by any competent authority, you agree to reimburse AfterShip fully in respect of the same within 14 days of our demand.

7.4 During the Subscription Term and subject to compliance by User with the Terms, User has the limited right to access and use the portion of the Service consistent with the Service Plan.

In order to subscribe to paid Service Plans, the user shall pay a subscription fee as described in the Order Form.

If the user elects to downgrade the Service Plan, it may cause loss of content, features, or access to specific portions of the Service that may have been previously available to the user. AfterShip does not accept any liability for such loss.

8. AFTERSHIP RETURNS CENTER

In addition to the Terms of Use, the following terms apply to Your access and use of the AfterShip Returns Center.

8.1 User shall be solely responsible for any and all returns in connection with Aftership Returns Center. AfterShip is not responsible or liable for and makes no representations in connection with any and all User's customers (herein referred to as "Customers"), including, without limitation, the accuracy, completeness, or authenticity of the information contained or the manner in which Your Customers handle data, including Your Data, or any interaction between You and Your Customers.

8.2 The Data transferred to Aftership through Your Use of the Service may include the Customers' name, products purchased, price, the return address, images showing the products, and the reason(s) of the return.

User shall be solely responsible for ensuring that the use of Aftership Returns Center and the transmission, collection, and use of the data is in strict compliance with any and all applicable privacy laws and regulations and does not infringe on Your Customers' data protection rights.

9. PAYMENTS

9.1 Unless otherwise provided by AfterShip in writing, charges do not include any taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes assessable by any local, state, provincial, or foreign jurisdiction (collectively "Taxes"). User is responsible for paying Taxes except those assessable against AfterShip based on its income. AfterShip will invoice User for such Taxes if AfterShip has or believes it has a legal obligation to do so and User agrees to pay such Taxes if so invoiced.

9.2 If the user pays by credit card, the Service provides an interface for the account owner to insert or change credit card information. The User will receive a receipt for each confirmed payment. If the user pays by credit card, the user agrees that AfterShip will use a third-party intermediary to manage credit card processing.

9.3 If the user pays by bank transfer, only the final amount received by Aftership excluding any and all banking charges or other associated fees shall be deemed as payment.

10. TERMINATION

We may suspend or terminate your use of the Services if you are not complying with these Terms, the Documentation, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance. Your license terminates immediately if You attempt to circumvent any technical protection measures used in connection with the Service or You otherwise use the Service in breach of these Terms of Use.

11. WARRANTY DISCLAIMER

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AFTERSHIP PROVIDES THE SERVICE WITHOUT ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR THIRD-PARTY SERVICES OR GOODS RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.

THE RELEASED PARTIES WILL HAVE NO LIABILITY FOR NAMELY BUT NOT EXCLUSIVELY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) ANY UNAUTHORIZED ACCESS TO OR USE OF AFTERSHIP SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICE; (d) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFTERSHIP OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.

As some jurisdictions do not allow disclaimers of certain warranties, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF AFTERSHIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED ARISING OUT OF OR IN CONNECTION WITH THIRD-PARTY SERVICES RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE, AND WITH RESPECT TO DAMAGES IN CONNECTION WITH INFORMATION RECEIVED THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AFTERSHIP'S ENTIRE LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE SERVICE.

In some jurisdictions, some of the foregoing limitations may not apply.

13. INDEMNITY OF AFTERSHIP

You agree to indemnify and hold the Released Parties harmless from any demands, liability, claims or expenses, including attorneys' fees and court costs, made by any third party due to or arising out of or in connection with: (a) any information (including Your Data or any other data) that you or anyone using your Account submit, post, or transmit on or through the Service; (b) the use of the Service or Third Party Services by you or anyone using your Account; (c) the violation of these Terms of Use by you or anyone using your Account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your Account. AfterShip reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If AfterShip does assume the defense of such a matter, You will reasonably cooperate with AfterShip in such defense.

14. FORCE MAJEURE

AfterShip will not be held liable for any delays or failure in performance of any part of the Service, from any cause beyond AfterShip's reasonable control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

15. APPLICABLE LAW

The Service is operated from Hong Kong. User access to the Service is governed by all applicable Hong Kong laws. All information available on the Service may also be subject to the laws of the country where the End-User resides. Access in countries where the information, services, or products provided on the Service is illegal is prohibited. The End-User by using the Service, regardless of where the End-User lives in the world, consent to have its Personal Data transferred to and processed, and collected in Hong Kong in compliance with the AfterShip Privacy Policy. These Terms of Use will be governed by and construed in accordance with the laws of Hong Kong, without giving effect to any conflict of laws rules, or provisions. If any dispute arises relating in any way to the use of the Service or to these Terms of Use, the parties will attempt to resolve any claim or dispute through negotiation with persons fully authorized to resolve the dispute. If the parties are unable to resolve the dispute through negotiation within a reasonable time after written notice from one party to the other that a dispute exists, the dispute shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

16. OTHER PROVISIONS

If any provision in the Terms of Use is held invalid, the remainder of the Terms of Use shall continue to be enforceable. If any provision in the Terms of Use is deemed unlawful, void, or unenforceable, then that provision is deemed severable from the Terms of Use and the remaining provisions are still valid and enforceable. The failure of AfterShip to enforce any right or provision of these Terms of Use will not prevent AfterShip from enforcing such right or provision in the future. AfterShip may assign its rights and obligations under these Terms of Use, including in connection with a merger, acquisition, sale of assets, or by operation of law.

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