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Terms of Use

Section A – General Terms

1. Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the BXpress Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and BXpress (as defined below). The Agreement applies to your use of the Service provided by BXpress. If you do not agree to the Terms of Use please do not use or continue using the Platform (as defined below) or the Service.

1.2. BXpress may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on https://bxpress.delivery or the Application. It is your responsibility to review the Terms of Use and BXpress Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://bxpress.delivery as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country.

1.4. BXpress is a technology company which provides a platform for users to obtain or procure services. depending on the service in question, the services may be supplied by BXpress or a third party provider. where the service is provided by a third party provider, BXpress’ role is merely to link the user with such third party provider. BXpress is not responsible for the acts and/or omissions of any third party provider, and any liability in relation to such services shall be borne by the third party provider. third party providers shall not represent to be an agent, employee or staff of BXpress and the solutions provided by third party providers shall not be deemed to be provided by BXpress.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by BXpress (or its licensors) to Users and Third Party Providers respectively;

2.2. “BXpress” / “we” means:

2.2.1. A service operated under BOOKMEBUS CO LTD;

2.3. “BXpress Policies” means the following:

2.2.1. A service operated under BOOKMEBUS CO LTD;

2.3.2. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Platform” means the Application, Software and any other platform, portal or website which BXpress owns, operates or otherwise makes available to Users and/or Third Party Providers for the purposes of or in connection with the Service and/or Solutions;

2.6. “Platform Content” means any content as made available on the Platform or any part thereof;

2.7. “Service” means the linking of Users to Third Party Providers or other Users to facilitate the Solutions;

2.8. “Software” means any software in connection with the Application, Service and/or Solutions which is made available by BXpress;

2.9. “Solutions” means the following transportation, logistics and/or other services which are made available to Users through the Service (each a “Solution”):

2.10.1. BXpress Delivery;

2.10.2. BXpress Logistic;

2.10.3  BXpress Driver;

2.10.4. Any such other services which BXpress may make available from time to time9

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant / undertake that:

3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. All the information which you provide shall be true and accurate;

3.1.3.You will only use the Platform and Service for their intended and lawful purposes;

3.1.4.You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.5.You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.6.You will not try to interrupt or harm the Service and/or Platform in any way;

3.1.7.You will not attempt to commercially exploit any part of the Platform without our permission, including without limitation modify any of the Platform’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

3.1.8.You shall not impair or circumvent the proper operation of the Platform and network which the Service operates on;

3.1.9.You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.11. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

3.1.12. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards BXpress or any third party;

3.1.13. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.14. You will not copy or distribute the Platform or any content or part thereof without written permission from BXpress;

3.1.15. You will provide accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that BXpress may rely on your information as accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, BXpress has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.16. You will only use an access point or account which you are authorized by BXpress to use;

3.1.17. You agree that the Service is provided on a reasonable effort basis;

3.1.18. You agree that your use of the Service will be subject to the BXpress Policies as may be amended from time to time;

3.1.19. You agree to assist BXpress with any internal or external investigations as may be required by BXpress in complying with any prevailing laws or regulations in place; 

3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, BXpress or any other party as a result of your breach of this Agreement;

3.1.21 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud BXpress or to disrupt the natural functions of the Platform; and

3.1.22 You provide us the phone numbers of BXpress users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision.

3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:

3.2.1. If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;

3.2.2. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation or delivery services for hire, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;

3.2.3. If applicable, you will use the appropriate road safety equipment (e.g. helmet);

3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger transportation service or other delivery service;

3.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;

3.2.6. You shall obey all local laws related to the operation of a delivery/logistic service and will be solely responsible for any violations of such local laws;

3.2.7. You shall not contact Users for purposes other than in connection with the Service;

3.2.8. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of BXpress, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;

3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; 

3.2.11. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of BXpress’ information or information related to the Platform or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and BXpress reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used; and

3.2.12. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Third Party Provider on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of our products and services. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3. If you are a User, you further represent, warrant / undertake that :

3.3.1. Your use of the Service and Platform is, unless otherwise allowed by BXpress, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;

3.3.2. If you are using the Service and Platform for the purpose of accessing a personal mobility device (PMD) made available to you, you warrant that you are of full age under the applicable laws to operate the PMD;

3.3.3. Where applicable, you agree to indicate the accurate information of package content when requesting for the Service.

3.3.4. You further acknowledge and agree that if the information on the package is untrue or inaccurate, the third party provider is entitled to cancel your order and you may be charged a Cancellation Fee, as per the Cancellation Policy on BXpress’ website;

3.3.5. You shall not contact the Third Party Provider for purposes other than the Service;

3.3.6. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;

3.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

3.3.8. Where applicable, you will not copy any content displayed through the Platform, including any third party product content and reviews, for republication in any format or media;

3.3.9. You acknowledge and agree that only one (1) account can be registered on one device;

3.3.10. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply; and

3.3.11. You agree that BXpress may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account. 

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1. BXpress and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by BXpress and its licensors.

5.2. You shall not:

5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or any parts thereof in any way;

5.2.2. modify or make derivative works based on the Platform or any parts thereof;

5.2.3. “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device;

5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Platform; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Platform or its content;

5.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Platform; or

5.2.8. use the Platform to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempt to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

6. Payments

6.1 Payment Terms for Third Party Providers (Drivers/Delivery Partners/Carrier/Forwarder)

6.1.1 The fees which you pay BXpress for the Service are due immediately and are non-refundable (“Service Fee“). This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform, our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT BXPRESS MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 BXpress retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold BXpress liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.4 BXpress may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. BXpress may change the Service Fee at any time at its sole discretion.

7. Cancellation

7.1 Cancellation Terms for Users (Logistic Solutions):

7.1.1 Unless otherwise stated in any BXpress Policy, you may cancel your request for logistic services at any time before the Third Party commences your booking/shipment order that has been chosen or assigned to your booking/shipment order by the Service.

7.1.2 If you decide to cancel your booking/shipment order or do not show up at the designated pickup location, you may be charged a Cancellation Fee or such other Cancellation Fee as BXpress may notify from time to time via the Cancellation Policy on BXpress’ website.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact BXpress via hotline or live chat on BXpress’ website for assistance. BXpress reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or to your BXpress Wallet or by such other method as is deemed reasonable by BXpress.

8. BXpress Rewards Loyalty Programme and Promotions for Users

8.1 If indicated as such during your use of the Application, you will automatically be a member of the loyalty programme named “BXRewards Loyalty Programme” operated by BXpress and/or its affiliate companies.

8.2 From time to time, BXpress may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers“). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. BXpress may withdraw, amend and/or alter any applicable terms and conditions of the promotions or subscriptions at any time without prior notice. BXpress may also void, discontinue or disqualify any User from any promotion or subscription plan without prior notice in the event that that User breaches any part of these Terms of Use.

9. Ratings

9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.

9.2. Every rating will be automatically logged onto BXpress’ system and BXpress may analyse all ratings received. BXpress may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

10. Complaints

10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.

11. Intellectual Property Ownership

11.1. BXpress and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by BXpress and/or its licensors. BXpress’ name, BXpress’ logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Software and/or the Platform are trademarks of BXpress or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

12. Taxes

12.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend BXpress to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

12.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

13. Confidentiality

13.1. You shall maintain in confidence all information and data relating to BXpress, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of BXpress (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from BXpress, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without BXpress’ prior written consent, disclose such information to any third party nor use it for any other purpose.

13.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

13.2.1. was at the time of receipt already in your possession;

13.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

13.2.3. was received from a third party having the right to disclose it; or

13.2.4. is required to be disclosed by law.

14. Data Privacy and Personal Data Protection Policy

14.1. BXpress collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of BXpress’ Services and its terms are made a part of this Agreement by this reference.

14.2. Where applicable, you agree and consent to BXpress, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

14.3. You acknowledge that BXpress may disclose Personal Data of other individuals to you in the course of your use of BXpress’ Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by BXpress, and not for any other unauthorized purposes.

15. Third Party Interactions

15.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and BXpress and its licensors shall have no liability or obligation for any such communication or agreement. Neither BXpress nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall BXpress, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and BXpress is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. BXpress is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

15.2. BXpress may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.

15.3. You agree and allow BXpress to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.

15.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

15.5. Save for factual, truthful and not misleading references through a plain text link to https://bxpress.delivery or URL(s) which BXpress may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by BXpress. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that BXpress is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with BXpress, (e) presenting false information about products or services of BXpress, and (f) using any logo or mark of BXpress without prior written approval from BXpress.

16. Indemnification

16.1. By agreeing to the Terms of Use upon using the Service or accessing the Platform, you agree that you shall indemnify and hold BXpress, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof; and (e) where applicable, your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

17. Disclaimer of Warranties

17.1. BXpress makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. BXpress does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

17.2 BXpress makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to BXpress in respect of the same.

17.3 Where applicable, BXpress’ role as collection agent is solely mechanical and administrative in nature and BXpress does not owe to you a duty of care or any fiduciary duties.

18. Internet Delays

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. BXpress IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

19. Limitation of Liability

19.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST BXPRESS BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. BXPRESS AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

19.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

19.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

19.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

19.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM OR IS REFERRED TO BY THE SERVICE AND/OR THE PLATFORM,

EVEN IF BXPRESS AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2. BXPRESS DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE BXpress FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

19.3. BXPRESS WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH BXPRESS, BXPRESS CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE BXPRESS FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.

19.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

20. Notice

20.1. BXpress may give notice through the Platform, electronic mail to your email address in the records of BXpress, or by written communication sent by registered mail or pre-paid post to your address in the records of BXpress. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to BXpress (such notice shall be deemed given when received by BXpress) by letter sent by courier or registered mail to BXpress using the contact details as provided in the Platform.

21. Assignment

21.1. Unless otherwise stated herein, this Terms of Use as modified from time to time may not be assigned by you without the prior written approval of BXpress but may be assigned without your consent by BXpress. Any purported assignment by you in violation of this section shall be void.

22. Dispute Resolution

22.1. These Terms of Use shall be governed by the Kingdom of Cambodia’s law, without regard to the choice or conflicts of law provisions of any jurisdiction.

23. Relationship

23.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with BXpress.

24. Severability

24.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

25. Suspension and Termination; Modification of Platform Content

25.1. You agree that we may do any of the following, at any time, without notice:

(i) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;

(ii) modify or change any applicable policies or terms; and

(iii) interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

We shall not be required to compensate you for any modification, suspension or termination.

25.2. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates BXpress Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as BXpress deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

Section B – Additional Terms

1. BXpress Delivery

1.1 For BXpress Delivery Users

1.1.1 You shall not send any delivery item containing any of the following:

  • Fragile items (including flowers, cakes) that require special handling
  • Perishable items
  • Hazardous, explosive, flammable and unsafe items (including power banks)
  • Valuable items
  • Credit or debit cards
  • Illegal substances
  • Live animals and plants
  • Any unpacked / loose items that can be easily damaged in transit
  • Counterfeit goods
  • Animals (live or otherwise)
  • Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones
  • Real or imitation weapons including firearms or parts thereof, explosives or ammunition
  • Human remains or body parts
  • Pornographic material
  • Any item(s) of an aggregate value exceeding USD 200 (Two Hundred US Dollar).

1.1.2 You represent and warrant that you are either the owner or authorised representative of the owner of the delivery item, and that you are authorised to accept and you accept these Terms of Use for yourself or as a representative acting for and on behalf of the owner of the delivery item.

1.1.3 You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. BXpress shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application.

1.1.4 You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to BXpress and the Third Party Provider (whether by way of your entering such details on the Application or otherwise).

1.1.5 You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Third Party Provider of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.

1.1.6 You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances; (h) prohibited based on the provisions stipulated in the ASEAN Framework Agreement On The Facilitation Of Goods In Transit (including Protocol 9); and/or (i) regulated by other relevant authorities.

1.1.7 BXpress and/or the Third Party Provider has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and BXpress and/or Third Party Provider has the right to refuse the receipt and delivery of such delivery item.

1.1.8 BXpress and/or the Third Party Provider has the right to refuse processing the delivery or transfer in the event that the actual delivery item’s information such as package content and dimension are not as described in the shipment order submitted by the sender/user.

1.1.9 You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.

1.1.10 After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).

1.1.11 You acknowledge that in the ordinary course of delivering your item, the Third Party Provider may disclose your details to the recipient upon request. To the extent that you do not wish for this to take place, you may inform the Third Party Provider via the Application at the point of making your booking. You acknowledge and understand that you remain liable to pay the delivery booking fee in full in the event that the recipient refuses to take receipt of your item as a result of your decision to remain anonymous.

1.1.12 As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location. BXpress and the Third Party Provider will have the right to not proceed with your booking in the following circumstances:
(a) where the requested delivery location falls outside the delivery zone offered on the Application;
(b) failure to contact you by phone or other means at the time of confirming the order booking;
(c) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
(d) the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location.

1.1.13 Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed at paragraph 1.1.1 above.

1.1.14 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Third Party Provider, BXpress or any third party as a result of any breach of the Terms of Use.

 

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