Waaship

Terms and Conditions

Terms and Conditions (“Terms and Conditions”)
When using waaship (as defined below) provided by Boxful Limited (as defined below) , you ("Customer", “you”, “your” and "yourself")agree , on behalf of yourself, the receiver of the Shipment (“Receiver”) and anyone else with an interest in the Shipment to be bound by these Terms & Conditions. These Terms & Conditions are subject to changes and may be amended from time to time at the sole discretion of Boxful Limited without prior notice to the customer. By using the Subscription Service, you are agreeing to these terms.

Definitions

"waaship" is a waaship software system, a legal entity established under the laws of Hong Kong.
"Agreement" means these Terms & Conditions and all materials referred or linked in here. It may be amended, modified, supplemented, or restated entered into between the customer and waaship from time to time.
“Billing Date” means you are automatically charged once a month on the date you signed up. You will be charged on the last day of that month instead, if the day you signed up does not occur in every month.
“Boxful Limited” includes its affiliate, agent, independent contractor or service provider.
“Service” means system services offered by waaship or Service provider through the Website and Application.
"Service Period" means the period of time beginning on the date waaship begins its service and ending on the date waaship ceases to provide service to the customer.
“Service Provider” means a third party as waaship’s partner on behalf of waaship in connection with the provision of Service through the Website and Application.
“Subscription Plan” means a Subscription for Unify Cloud Services provided by waaship.
“Subscription Service” means our cloud-based waaship software, tools and platform that you have subscribed that is developed, operated, and maintained by us, accessible via https://www.waaship.com/, and any ancillary Services, that we provide to you.
“Subscription Terms” means the Initial Subscription Term and all Renewal Subscription Terms.
“Shipment” means all parcels or packages that are tendered to and accepted by third party logistics service providers and travel under a single waybill as may be carried by air, road or any other carrier or transportation.
"System" means the waaship’s technology, website, and application.
“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

Registration and Account Integrity

As part of the registration process you will need to create an account including a registered email and password. It is your responsibility to ensure that you provide information about yourself that is true, accurate, current, not misleading, and complete in all respects.
Customers cannot create an account or registered email and password using the names and information of another person or use words that are the trademarks or the property of another party (including ours), or are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account breach.
Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between Users. A breach of this clause will result in termination of accounts and/or all accounts provided to the organisation.
If for any reason you suspect that your registered email and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact Users requesting them to confirm their registered email and password or other details
Should any of your registration information change, please notify us immediately at the following email address support@waaship.com. We may also change registration requirements from time to time.

Pricing, Plans and Features

For current pricing and plans please see the pricing page located on our website.
We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
When signing up to the monthly subscription, you are committing to pay on a monthly basis for the Service.
waaship offers a 60-day free trial. You have to sign up for an account in order to redeem the free trial with your basic information provided. After the 60-day free trial you will be automatically charged on a monthly basis.
Changes to the Price and Subscription Plans. The waaship Subscription Plans and the price of our Service may be changed from time to time; Howsoever, any price changes or changes to your Subscription Plans will apply at least 30 working days following notice to you.

Payment, Billing and Refund

The subscription is billed monthly in advance. Your subscription will continue automatically until terminated.
You can cancel or change the Subscription Plan at any time before your Billing Date. The change of Subscription Plan will be effective in the next month if the application of cancellation or Subscription Plan changing is applied after the billing cycle.
The cancellation of the free trial should be cancelled before the Billing Date. Once the free trial ends, you will be immediately charged for the full standard fees. Your monthly payment will be due from that date each month onwards.
If you stop using waaship and would like to withdraw the amount from the waaship wallet. Please apply for the account termination, we will provide the assistance for following up your application of refund. You will have your refund after 30 working days once you successfully cancel your subscription.
It is a condition of use that a waaship wallet is provided at all times in order for your account(s) to remain active.
The waaship uses a withholding system. Your Account has an associated wallet, and all purchases made on waaship are made using funds from the wallet.
We accept visa, mastercard, and FPS to topup the waaship wallet. And any other methods which may be clearly advertised on the site from time to time.
If you do not have sufficient funds in your wallet to make a purchase and you have your credit card information or other payment instrument in the system, waaship may automatically charge your credit card or the other applicable payment instrument a present amount determined by waaship or yourself (The preset is HKD$500. You can customise your own amount, but no less than HKD$100). Any difference between the minimum present and the cost of the purchase will be credited to your wallet.
You can check your account balance, payments, and transaction history through the waaship wallet.
Payments are required to process when using all of the Services (including but not limited to system rental fees, logistics fees, API integration fees, SMS notifications fees, logistics miscellaneous expenses, any add-on fees and other surcharges). We will process a refund or recharge from your waaship wallet if there is a price spread caused by the actual logistics fees.
waaship will not provide the Service if your waaship wallet funds are insufficient.
waaship wallet funds have no value outside waaship.
waaship Wallet or account shall be deemed abandoned or unused. waaship wallet funds that are not used within 2 years of purchase or redemption will also be deemed abandoned or unused.
We take reasonable care to make our site secure. All credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered waaship user, we will securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your Service experience is safe, simple, and secure, waaship uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or using Service from the site.

Cancellation

You can cancel your subscription at any time via your waaship page and follow the instruction for cancellation. Your subscription will be terminated immediately once you finish the cancellation procedure, and you are no longer able to use the Services.
Cancellation by any other means, including (but not limited to) telephone call, fax, or text is not valid.
No refunds will be provided for remaining unused days.

Upgrading & Downgrading Accounts

You have the ability to upgrade your Subscription plan at any time.
Your Subscription plan will upgrade automatically when your order amount reaches the monthly limitation.
Where a Subscription plan is upgraded, the new monthly charge will be automatically applied on the next Billing Date.
Where a Subscription plan is downgraded, it takes effect on your next Billing Date. You can continue to use the features of the higher plan until your next Billing Date.

Trial and Offer Periods

Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
Only one user may use a single free or trial account, the account cannot be shared amongst multiple individuals.
These Terms and Conditions apply to all accounts, including trial or offer period accounts.

Specific Service Rules

As a customer you agree not to do any of the following but not limited to;
- Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of waaship, another customer of the Service or third party.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the Services provided by us.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
The above list is not intended to be exhaustive, We reserve the right to remove (without notice) any content and suspend or terminate (without notice) the account of any User who in our sole judgment is in breach of these Terms and Conditions.

Intellectual Property Rights

All intellectual property rights (“IP Rights”) in or arising out of or in connection with the Services (other than IP Rights in any materials provided by you) will be owned by us.
For the avoidance of doubt IP Rights include patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
We agree to grant you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of your use of the Service to copy the deliverables specified in your order for the purpose of receiving and using the Services and such deliverables in your business.
You warrant and undertake to us that you may not sub-license, assign or otherwise transfer the rights granted in this Clause 2 above

Content Ownership

As a customer you retain all ownership rights to content provided by you. You agree to grant us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by you to us for the Terms and Conditions for the purpose of providing the Services to you.
You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.

Termination

We may terminate your account and all content and materials associated with it at any time where these Terms and Conditions have been breached. Such termination can be without notice. You can choose to terminate your account at any time (subject to any payment plan entered into).
Various clauses within these Terms and Conditions are designed to survive and continue after termination.

Access and Backups

We take all reasonable steps to ensure that the Service is available and functioning fully at all times. Howsoever, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.

Disclaimer

We are not responsible for the accuracy of any content on the Service, nor any advertisements placed on the Service.

Limitation of Liability

We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- loss of profits;
- loss of sales or business;
- loss of Agreements or contracts;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and any indirect or consequential loss.
Customer agrees to indemnify, hold harmless and defend waaship, its officers, directors, employees, agents or subcontractors from and against any and all claims, expenses, fines, judgments, damages or awards (including, without limitation, domestic or foreign export compliance fines or penalties, customs fines or penalties, and reasonable attorney fees) arising out of or in relation to the provision of Services or the inaccurate or false information, declaration or documents provided by customer or any third party acting on behalf of customer to waaship.
Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of you having grounds to make a claim in respect of the event and shall expire 2 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

Privacy

Customer acknowledges and agrees that waaship may collect, use, hold, process, transfer and store Personal Data relating that is subject to the protection of Personal Data (Privacy) Ordinance, Cap. 486 of the laws of Hong Kong.
Personal Data supplied to waaship by the customer through our system or otherwise shall be deemed to be customer's consent to the collection, use, holding, processing, transferring and storing of such Personal Data.
waaship pledges to limit the disclosure and processing of the Personal Data to such extent as is reasonably required to effect performance of this Terms and Conditions or required by law. customer agrees that waaship may, where such disclosure is necessary to perform this Agreement, or a directly related purpose, for which the Personal Data was collected provide such information, whether within or outside Hong Kong, to the affiliates, agents, contractors, suppliers, professional advisers of waaship or the legal owner or management company of waaship's premises or the financial institutions, credit card companies or collection agencies that may be necessary to collect any payment of any services being requested.
customer warrants that all Personal Data provided to or to be provided to waaship has been and would be lawfully obtained and customer has the authority to disclose such Personal Data to waaship. Customer shall fully indemnify and keep waaship fully indemnified against any and all liability incurred by waaship as a result of such breach or suspected breach howsoever arising.
Unless a customer has subsequently opted out, waaship may also use the customer's name, mailing address, telephone number and email address to send promotional materials to waaship and conduct direct marketing activities in relation to services and information offered by waaship or its affiliate. If you do not wish to receive any promotional and direct marketing materials from us or do not wish to receive such materials through any particular means of communication, you shall notify us in email format without delay. This sub clause shall survive after the termination of this Terms and Conditions.
Customer acknowledges and confirms that customer is aware that cookies ("Cookies") are used if customer accesses waaship's information or services through the website or System. Cookies are data files stored on a browser. waaship's website automatically installs and uses cookies on the customer's browser when the User accesses it. User acknowledges that the User may refuse to accept cookies on the browser by modifying the settings in the browser or internet security software. Howsoever, if the User does so the User may not be able to utilise or activate certain functions available on waaship's website.
Should customer's account or relationship with waaship be cancelled or terminated at any time, waaship shall cease processing any personal data as soon as reasonably practicable following such cancellation or termination, provided that waaship may keep copies of customer's data as is reasonably required for archival, promotional or marketing purposes, for use in relation to any actual or potential dispute, for the purpose of compliance with applicable laws and regulations and for the purpose of enforcing any Agreement waaship has with customer, for protecting waaship's rights, property or safety, or the rights, property or safety of waaship's employees, and for performing or discharging waaship's obligations and responsibilities under this Agreement.

Crime or Suspicious Activity

If waaship, in its sole discretion, believes that you may have engaged in any potentially crime, fraudulent or suspicious activity and/or transactions, we may take various actions to protect waaship, other shippers or receivers, other third parties or you from claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
1. We may close, suspend, or limit your access to your account or the services, and/or suspend the processing of any transaction;
2. We may hold, apply or transfer the funds in your account as required by judgments and orders which affect you or your account, including judgments and orders issued by courts in Taiwan or elsewhere and directed to waaship;
3. We may refuse to provide the services to you now and in the future;
4. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to waaship or a third party, or if we believe that you may be engaging in potentially crime, fraudulent or suspicious activity and/or transactions.

Severability

If any provision under this Terms and Conditions shall be declared invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired nor shall the validity or enforceability of this Terms and Conditions in any other jurisdiction be affected.

Waiver

Failure by us to enforce any accrued rights under these Terms and Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in email.

Use of Third Party Services

As part of the implementation Service, we may recommend the use of third parties for specific development or integrations required by you.
We are not responsible for any issues or delays with any third-party technology, information and/or Services and will not be liable for those issues.
You are entitled to introduce to us another third party development agency with who you already have an existing relationship.
Unless expressly stated to the contrary, a person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the laws of Hong Kong) to enforce any term of this Agreement.

Jurisdiction: These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.