JURISDICTION SPECIFIC TERMS

Depending on your location, some of these Jurisdiction Specific Terms will apply to you. These Jurisdiction Specific Terms form part of the AfterShip Terms of Service and are hereby incorporated as part of the Agreement. Capitalized terms used but not defined herein have the meaning given to them in the General Terms. We periodically update this page, so please check back here for current information.

1. APPLICABLE GOVERNING LAW AND JURISDICTION. Your User Registered Address will determine (i) the law that will apply in any Dispute arising out of or in connection with the Terms, and (ii) the arbitrators (as applicable) and courts that have jurisdiction over any such Dispute, as set out in herein.

Selected Forum

2. ARBITRATION AGREEMENT.

1. a. Scope. This Section applies if Your User Registered Address is in the United States or Canada. It governs any Dispute arising out of or in connection with the Terms. In connection with this Arbitration Agreement, “Party” refers to each party to such a Dispute, and “Parties” refers to the parties to such a Dispute collectively.
3. b. Mandatory Individual Arbitration. Except as expressly set out in Section 2.e. below, all Disputes shall be finally and exclusively resolved by binding arbitration conducted by one arbitrator and administered by the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules then in effect. However, to the extent those AAA Commercial Arbitration Rules are inconsistent with this Arbitration Agreement, the provisions of this Arbitration Agreement shall apply. The seat of arbitration shall be New York County, New York, and the arbitration shall be conducted in the English language. Judgement on the arbitral award may be entered in any court of competent jurisdiction, which the Parties agree shall include the state and federal courts located in New York County, New York. Each Party further agrees not to challenge personal jurisdiction and venue in any action or proceeding where entry of judgment on the arbitral award is sought or where the arbitral award is sought to be vacated, modified, or corrected. Each Party also consents to service by mail or overnight commercial carrier for any action or proceeding where entry of judgment on the arbitral award is sought or where the arbitral award is sought to be vacated, modified, or corrected.
4. c. Individual Proceedings Only; Class Action Waiver. To the fullest extent permitted by applicable law, You and AfterShip agree that:
1. all Disputes shall be brought solely in an individual capacity;
2. no Dispute may be brought as a plaintiff, claimant, petitioner, or class member in any purported class, collective, or representative proceeding; and
3. the arbitrator shall not consolidate claims or preside over any form of class, collective, or representative proceeding.
5. d. Pre-Dispute Notice and Informal Resolution. Before commencing arbitration, a Party must provide written notice of the Dispute to each Party and allow at least 30 days to attempt to resolve the matter informally. A Party shall have the right to commence arbitration after the expiration of 30 days after the delivery of said written notice of the Dispute.
6. e. Carve-Outs. Notwithstanding the foregoing: a Party may seek injunctive or equitable relief in a court of competent jurisdiction for unauthorized use, infringement, or misappropriation of intellectual property or Confidential Information.
7. f. Allocation of Authority. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including the enforceability of Section 2.c. of this Arbitration Agreement, entitled “Individual Proceedings Only; Class Action Waiver”.
8. g. Jurisdiction. This Arbitration Agreement is governed by the Federal Arbitration Act. To the extent state law applies, this Arbitration Agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles. Any Dispute that is deemed not to be subject to arbitration in accordance with this Arbitration Agreement and any proceeding brought under Section 2.e. of this Arbitration Agreement shall be brought exclusively in the state or federal courts located in New York, New York, with each Party consenting to personal jurisdiction and venue.

3. EXCLUSION OF TRIAL BY JURY. TO THE EXTENT APPLICABLE, THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION OR SUIT ARISING UNDER THESE TERMS OR OTHERWISE ARISING FROM THE RELATIONSHIP BETWEEN THE PARTIES HEREUNDER.

4. THIRD PARTY BENEFICIARIES. Where the Selected Forum is the Republic of Singapore, the following shall apply: A person who is not the User has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce or to enjoy any benefit of any provision of these Terms. Where the Selected Forum is the State of New York, U.S.A., the following shall apply: Nothing in these Terms is meant to create or creates any rights, obligations, or benefits directly or indirectly to any person or entity who is not a direct party to these Terms.

5. USERS IN THE EUROPEAN ECONOMIC AREA (EEA). Without prejudice to any other section of the Terms, a User Entity, with a User Registered Address in the EEA, may be subject to:

1. Regulation (EU) 2022/2554 on digital operational resilience for the financial sector (“DORA”), the following terms with respect to DORA shall apply which are available: here (“DORA Terms”), such DORA Terms apply to the Services strictly to the extent necessary to enable Your compliance with Article 30(2) of DORA; and
2. Regulation (EU) 2023/2854, also known as the “EU Data Act”, the following terms with respect to Your rights and obligations under the EU Data Act shall apply which are available: here.

In each such instance, User must reasonably demonstrate that the foregoing is legally binding on User or a User Entity upon request by AfterShip.