Terms of Service
W Express Corp (“W Express“, “we“ and “us“) is the operator of https://wexpress.me (“Website“). The Website is designed to provide assistance to users (“User(s)“, “you“) in creating and managing shipments (“Shipment“). This Website and the offer of our Services (defined below) are offered on the sole condition of your acceptance without modification of any and all the terms, conditions, and notices set forth below (Collectively, the “Terms of Service“). By creating an account on the Website (“My Account“) or by using any Services provided by us, you acknowledge that you have read, understood, and agreed to be bound by the Terms of Service and represent that you have read and understood the same.
The Terms of Service represent a legally binding agreement between you (and your client, employer or another entity if you are acting on their behalf) and W Express and its direct affiliates or subsidiaries, including the various different entities that W Express uses to operate locally in different countries.
1. Acceptance of Terms of Service
1.1. If you are entering into these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the Terms of Service “you“ or “your“ shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you shall not accept the Terms of Service on behalf of such entity and you are not authorized to use this Website or the Services.
1.3. You acknowledge and agree that we may change or otherwise modify the Terms of Service in the future, such changes and modifications shall become effective immediately upon posting to the Website. You understand and agree that your continued access or use of this Website after such change or modification constitutes your acceptance of the changed or modified Terms of Service. W Express endeavors to provide you with notice of any meaningful changes to the Terms of Service either through email or notification within the W Express platform, but W Express’s failure to do so shall not excuse your obligation to comply with any such modified Terms of Service. You agree to periodically review the most current version of these Terms of Service as posted on the Website.
1.4. You agree and acknowledge that you may be subject to additional terms applicable to certain Services provided by us that may be attached to such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
1.5. In the event that you commit any breach or violation of any terms and conditions under our Terms of Service, we shall be entitled to immediately terminate our Services, suspend your W Express Account, and/or may take other legal action at our disposal.
1.6. The usage of any services not provided by us directly (including, without limitation, warehousing and forwarding services) requires you to enter into a separate legally binding service agreement with a third-party service provider. You acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
2. Description of Services
2.1. For the purpose of these Terms of Service, “Services“ shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content“), and (c) Shipment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.
3. Prohibited Products
3.1. The following are the types of products that, for everyone’s safety, you are prohibited to ship through W Express:
• Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
• Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
o Live animals;
o Chemical products;
o Pelt, animal skin/fur;
o Jewelry and precious minerals;
o Explosive or hazardous products;
o Any type of currency or notes;
o Perishable food;
o Tobacco and related paraphernalia;
o Beverages, including alcoholic and other;
o Prescription pharmaceuticals or other dangerous drugs;
o Firearms, ammunition, and related accessories.
o Merchandize for resale.
o Combustion engines;
o Counterfeit items;
o Pornographic materials;
3.2. W Express shall not be liable for any loss, damage, destruction of such prohibited product.
3.3. In order to maintain the integrity of W Express Services and reputation, W Express will report any activities pertaining to shipping prohibited items to relevant law enforcement authorities and shipping partners.
Prohibited products are subject to Shipment Inspection, clause 7, and Shipping Error Fine, Clause 8.
4. Minimum and Maximum Weight and Dimensions
All Shipment package must fit weight and dimensions limits as described below:
4.1. Dimensions for boxes, packages, and envelopes:
• The minimum length is 6.3in (16cm), the minimum width is 4.34in (11cm) and the minimum height is 0.79in (2cm).
• The largest dimension (length, width, or height) must not be over 39in (100cm) and the second largest dimension must not be over 31.5in (80cm). The sum of these dimensions cannot over 79in (200cm).
4.2. The maximum weight per Shipment package must not exceed 66lb (30Kg);
These weight and dimension limits are checked during the Shipment Inspection, clause 7, and are subject to Shipping Error Fine, Clause 8.
5. Shipping Declaration
All items packed in a Shipment must have their information input by you when creating a Shipment using your own shipping account (“My Account“). All the information must be accurate and true and must include Sender Information (Full Name, Address, Phone and Email), Recipient Information (Full Name, Address, Phone, Email and Tax ID), Items Information (Type of Goods, Description, Quantity and Unit Price), Freight, Insurance Purchase Choice, and Insurance Premium (“Premium Price”). Each Item Total Price is calculated Quantity times Unit Price. The sum of all Items Total Prices (“Carriage Value”) declared, the Freight Amount (“Freight”) declared, and the Premium Price is referred here as (“Shipping Total Declaration”). All values are declared in US Dollars.
The Shipping Declaration data is electronically shared with shipping companies, couriers, air cargo companies, airline companies, mail services, postal services (“Courier“) and Government Agencies responsible for the Shipment transportation, storage, or custody, and it will be printed and attached to the Shipment package.
Shipping Declaration is meant to be used for logistic purpose by the Courier, for duties and taxes and customs fees calculations by Government Agencies, for Insurance Coverage, Clause 12, and is also subject to Shipment Inspection, clause 7, and Shipping Error Fine, clause 8.
Under any circumstances W Express will be held responsible or liable for any damage, destruction, loss, confiscation, hold, delay, denial to release the Shipment to the Recipient, provide import and export paperwork requested, that is result of Shipping Inspection issues related to the inaccuracy or incomplete Shipping Declaration, or consequence of a sovereign decision made by Government Agencies during a Shipment Inspection, Clause 7.
You shall be responsible for the accuracy and the celerity of the Shipping Declaration, and any damage, destruction, loss, confiscation, hold, delay, denial to release the Shipment to the Recipient, import and export paperwork release, resulting of issues found during a Shipping Inspection caused by the inaccuracy or incomplete Shipping Declaration, or consequence of a sovereign decision made by Government Agencies during a Shipment Inspection, Clause 7.
6. Shipment Restrictions
6.1. Goods containing Lithium Battery and Battery Shipping:
• Equipment containing Lithium Battery, cannot be packed and cannot be in the same Shipment with any other type of equipment that does not contain Lithium Battery. E.g.: cell phones cannot be shipped with clothes. They must be packed separately and must be in different Shipments.
Exception: If these other equipment are part of the same bundle, e.g.: cell phone charger packed with its charger, they can be packed in the same Shipment.
• Equipment containing Lithium Battery can be shipped with other equipment containing Lithium Battery. E.g.: cell phones can be shipped with laptops.
• The Lithium Battery itself must be installed in the equipment. It cannot be loose or separated from the item.
• All types of batteries, including Lithium Battery, cannot be shipped by themselves in a package, even they are in their original packaging. These are Prohibited products.
6.2. Perfume and Inflammable Products:
W Express is able to ship Perfume and some Inflammable Products (“Perfume”), e.g. hand sanitizer, and these are Dangerous Goods and must be properly described in the Shipping Declaration in order the proper paperwork, labeling information and shipping packaging can be arranged.
W Express will charge a $3 fee (“Perfume Fee”) per item identified as Perfume as an Additional Fee, described in Clause 11.
• Perfume cannot be packed and cannot be in the same Shipment with any other type of product that if not Perfume, especially equipment containing Lithium Battery. E.g.: perfumes or hand sanitizer cannot be shipped with clothes. They must be packed separately, and they must be in different Shipments.
• The total liquid volume of Perfume items per Shipment is 34 oz (1l or ¼ gallon). E.g.: 4 Perfume containers of 250ml equals 1l total per Shipment.
• The minimum package size containing Perfume is 8 x 8 x 4 inches (length x width x height).
Shipment Restrictions are subject to Shipment Inspection, Clause 7, and Shipping Error Fine, Clause 8.
7. Shipment Inspection
Any Shipment is subject to inspection before and during the shipping process. The package and the Shipping Declaration are subject to the inspection, separated or combined. The package inspection can be physical, and it can be opened and manually inspected, or by X-Ray screening, and it can be Drug Detection tested. The Shipment Declaration inspection can be physical or electronic, human or computer driven. W Express and any Courier or Government Agencies involved in the shipping process can perform the Shipment Inspection at any time.
All requirements of Clauses 3, 4, 5 or 6 are checked during a Shipment Inspection, but are not limited to the inspection itself, and can be checked any time during the shipping process.
If any issue is found during a Shipment Inspection or during any other type of checking procedure throughout the Shipment logistic, the package shipping may be destructed, loss, confiscated, put on hold, delayed, and have the Shipment release denied to the Recipient depending on the nature of the issue, and if it cannot be returned to W Express, W Express shall not be liable for the loss of the Shipment. If the package is in W Express possession or it can be returned to W Express by the Courier or Government Agencies, and the issue can be fixed, W Express may allow the package issue to be fixed with your prior authorization and after any eventual Shipping Error Fine, Clause 8, is charged and paid.
If you decide to do not make a new Shipment with the package with issues after W Express has its possession, and have it shipped back to your sender address, a return shipping charge will be quoted and charged by W Express. The package can also be picked up at W Express in up to 5 business days after W Express acknowledge the issue and the Shipping Error Fine, Clause 8, is paid.
Any Shipment Inspection issue found is subject to the Shipping Error Fine, Clause 8.
8. Shipping Error Fine
A $15 fee (“Shipping Error Fine”) can be charged by W Express if any of the requirements of Clauses 3, 4, 5 or 6 are not followed, breached, misunderstood, ignored, or not acknowledged by you;
This error fine covers the inspection cost, the package return to W Express cost after inspection is finished, the issue fixing and the generation new share of Shipping Declaration and sharing with the Courier and Government Agencies;
9. General Conditions/ Access and Use of the Services
9.1. Subject to the terms and conditions of these Terms of Service, you may access and use the Services only for lawful purposes. All rights, titles and interests in and to the Services and its components will remain with and belong exclusively to W Express. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, without written consent of W Express; (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our Terms of Service, or (c) modify, adapt or hack the Services to, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices W Express provides you or publishes in connection with the Services, and you shall promptly notify W Express if you learn of a security breach related to the Services.
9.2. You may not tender for shipment any of the prohibited items listed under the Clause 3.1. You grant W Express, and any authorized third parties the right to inspect your Shipment at any time. We reserve the right to reject or suspend the carriage of any item.
9.3. You will not use the Services to (or assist another person to):
1. upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of W Express, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose W Express or its users to any harm or liability of any type;
2. interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
5. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
9.5. You understand that the operation of the Services, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to W Express’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. W Express will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
9.6. You shall be responsible for obtaining and maintaining any equipment and ancillary Services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, computers, mobile devices, software, operating system, networking, web servers and internet Services (collectively, “Equipment“). You shall be responsible for ensuring that such Equipment is compatible with the Services and complies with all configurations and specifications set forth in W Express’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
9.7. The failure of W Express to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service of Services form is a contract between you and W Express, even though it is electronic and is not physically signed by you and W Express, and it governs your use of the Services and takes the place of any prior agreements between you and W Express.
9.8. Subject to the Terms of Service hereof, W Express may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. W Express might use the consignee’s personal information to send them updates about their packages, gain consignee feedback, and in general any time W Express consider it needed to carry on its Services.
9.9. In the event that you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify W Express customer service at info@WExpress.me. In the event that the Shipment has already been handled over to the Courier, such changes may not become effective, or the Courier may ask a fee to validate the change.
9.10. In the event that a Shipment is recalled, blocked or prohibited, except confiscated, for any reason by customs and government agencies, and the Courier does not provide the returned delivery to the sender address, the Shipment may be returned to W Express. A return fee will be defined and charged after released for return. You may choose to collect the Shipment, at your own expenses, at a designated payment method provided by W Express, and the Shipment will be shipped from the destination back to W Express, and W Express will charge a new Shipment, whether to the destination or to the sender address, wherever you decide.
9.11 Eligibility. To be eligible to use W Express Services under this Agreement, you must be at least 18 years old, and have an W Express account registered to ship from the United States of America. If you have an W Express account registered in a different country of origin.
10.1. In order to create an account with W Express, you agree that you will provide accurate information to the best of your knowledge and belief (“Registration Information“) and will promptly update such Registration Information as necessary. Access to, and use of, the W Express Account is restricted to authorized users only.
10.2. You agree not to share your password(s), account information, or account access information to any third party. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the account(s). You agree to notify W Express immediately of any unauthorized use of your account. W Express shall not be liable for any unauthorized use of your account.
11. Payment of Fees
You can use W Express to generate shipping using your own shipping account (“My Account“).
In case you generate a Shipment with a W Express Account you will be charged the shipping cost, which shall include all costs related to the Shipment, quoted by W Express, including, but not limited to, transportation cost, fuel surcharge, remote area surcharge, residential surcharges, courier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through W Express (“Shipping Fees“). You acknowledge and agree that the Shipping Fees does not include any additional fees arising out of separate agreements with third-party service providers or government agencies, like import tax, import duty or any custom fees.
You will pay any fees related to your purchase from W Express of any Products or Services, including, but not limited to, Shipping Error Fine, Clause 8, or any other fee (“Additional Fees“).
You shall be responsible to provide any information, instruction, warning, or notification needed to the Recipient person acknowledges that:
• Any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties“), will be of the Recipient’s sole responsibility.
• Under any circumstances W Express will be held responsible for any damage, destruction, loss, confiscation, hold, delay, denial to release the Shipment to the Recipient, import and export paperwork release, resulting of Shipping Inspection issues related to the inaccuracy or incomplete Shipping Declaration, or consequence of a sovereign decision made by Government Agencies during a Shipment Inspection, Clause 7.
Together, the Shipping Fees, Insurance Fees, Additional Fees, and the Shipping Error Fine are referred to as the “Fees“.
Quotations for Shipping Fees by W Express are based on the information provided by you, including, but not limited to, sender’s address, receiver’s address, weight, dimensions, type of goods and value of the items. In the event a shipping generated based on Shipping information you entered on your W Express Account and there is a discrepancy between the Shipping Fees charged by W Express at the moment the User purchases a shipping and the costs charged by W Express due to incorrect information that you provided, including, but not limited to, incorrect weight, dimensions, description or quantity or value of the item(s), type of goods, addresses, declaration of residential address, or any other information critical to estimate Shipping Fees, or to perform the shipping itself, as any issue found during a Shipment Inspection, Clause 7, you will be responsible for such discrepancy amount of Shipping Error Fine, Clause 8, or any fee adjustments (“Adjustments“) that may be charged. W Express specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. W Express is not responsible for any changes or alteration of the Shipping Fees. W Express agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but W Express makes no representations or warranties regarding the amount of time needed to complete processing.
11.3. Correction Fee
You must provide at least one valid payment method with us to pay for all incurred Fees and to transfer funds to your W Express My Account. As Fees are incurred, any such amount will be deducted from your Account Balance and charged to your Payment Method.
Fees will appear on an invoice, which will be sent to the User via WhatsApp phone number or the email address registered in you W Express My Account.
Shipping Fees, Insurance Fees and Additional Fees are billed at the moment a shipping label is generated, therefore the Services shall be considered as “pre-paid“. Shipping Fees are subject to change as set out in Section 11.3 herein. In order to access our Services.
If we are not able to pay using one of your Authorized Payment Methods you may try to pay via any of the other Authorized Payment Methods W Express provides. In case we are not able to collect the outstanding Fees we may suspend and revoke access to your Account and the Services. Your Account will be reactivated upon your payment of any outstanding Fees. You may not be able to access your Account during any period of suspension at which point you will be required to contact our support team thru the email info@WExpress.me. If the outstanding Fees remain unpaid for ten (10) days following the date of suspension, you agree to deposit funds into your W Express Account using another payment method and update the Authorized Payment Method.
11.4. Currency fluctuations and exchange rates
W Express reserves the right to adjust its pricing in response to currency fluctuations, including, but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.
W Express will indicate which currency a transaction is being billed for, but W Express is not responsible for any fees or currency exchange rates charged to you by any third party payment provider.
11.5. Shipping Fee Disputes
In the event that you disagree with any Shipping Fees charged to your account, you shall submit such complaint to W Express within thirty (30) days of the fee being charged (“Dispute Period“). W Express will not review customer requests for Shipping Fees, Shipping Error Fine, or Adjustments that are received after the Dispute Period.
You acknowledge and agree that all fees, charges and any other rates or amounts charged by W Express to you hereunder are exclusive of any applicable value added, sales/use or goods and Services’ taxes (“Transaction Taxes“) which may be levied in connection with the supply by W Express of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by W Express to you.
11.7. Shipping Fee Refund
Users may cancel any paid and unused shipping and request for a refund accordingly prior to a Shipment being processed. W Express will refund the Shipping Fee to the User, either to the User Authorized Payment Method, within ten (10) days from the date the User has requested for such cancellation. In the event that the Shipment has already been shipped and sent over to the Courier, such Shipment may not be cancelled and the User shall be billed for the full Shipment Fee and any other related fees thereof. In case a Shipment previously refunded to the User by W Express, is shipped by User, W Express will bill and charge User for the related Shipment Fees.
Under any circumstances W Express will be held responsible or liable for a refund in case of any of Clauses 3, 4, 5, or 6 are not followed, breached or misunderstood, and the Shipment Inspection, Clause 7, result in any inspection issue.
You are responsible for all applicable Taxes that arise from or as a result of your purchase of W Express Services. To the extent that W Express charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. If you are not charged Taxes by W Express, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
For the avoidance of doubt, all sums payable by you to W Express under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by W Express to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. W Express shall be entitled to charge the full amount of Fees stipulated under these Terms of Service to your Authorized Payment Method ignoring any such deduction or withholding that may be required.
12. Insurance Coverage
Shipment Insurance Coverage is optional, it is not included in your Shipment created in your W Express My Account. You may purchase an insurance coverage for your Shipments (“Insurance Fees“) through W Express by accepting Insurance Coverage offered through the Site in My Account during the Shipping Declaration creation.
The Coverage Amount is the sum of the Shipping Total Declaration + Freight, mentioned in Clause 6. Insurance Coverage is optional and may cover the Coverage Amount in case of package Lost, Damaged or Stolen.
All rules, terms and policies related to shipping insurance be governed by the Insurance Terms and Conditions below:
• The Premium Price, mentioned in Clause 6, is calculated according the rules below:
o Coverage Amount up to $ 310: $3 per Shipment
o Coverage Amount higher than $ 310: 0.98% of the Coverage Amount
• Insurance Coverage may be denied if:
o You open an insurance claim (“Insurance Claim”) after 5 (five) business of the date of the Shipment delivery to the Recipient;
o Any of the Clauses 3 to 11, and Clauses 17 and 19 are not followed, breached or misunderstood;
o Clause 7, Shipment Inspection result in any inspection issue;
o Shipment labels are not properly attached to the box;
o Shipment labels or are note fully visible and readable;
o Shipment labels are not water proof;
o Items are damaged for any of the reason below:
o Shipment is not properly packaged and sealed with packaging tape;
o Shipment package is not strong enough to securely hold its content, as heavy or sharp edge items, resulting in crumpled, ripped or distorted box;
o Shipment package has holes, is crumpled or ripped before shipping;
o Shipment package damaged before the shipping is poorly fixed by the shipper;
o Sharp edge items are not properly cushioned inside the package;
o Items subject to leaks as liquid containers are not properly sealed to retain eventual leaks;
o Box internal space is not fully filled with items, or cushion, as air pillow or packaging peanuts, resulting in crumpled, ripped or distorted box;
o Fragile items, especially glass, ceramic and plastic, are not properly cushioned and protected from heavy items;
o Shipment large corrugated boxes are not Heavy Duty grade;
• Insurance Coverage DOES NOT apply when:
o Package is damaged, stolen or lost before pickup or drop-off or after delivery;
o Package is damaged, destructed, lost, confiscated, hold, delayed, or denied to release by Government Agencies during a Shipment Inspection;
• Insurance Claim must be opened within 5 (five) business days of the date of the Shipment delivery to the Recipient;
• Insurance Claim must be opened by you by sending an email to info@WExpress.me requesting a refund and providing the shipping tracking number, the claim reason and detailed information that led you to open the claim, including events that preceded the moment that make you decide to open the claim.
• Insurance Coverage may be approved or denied up to 90 business days after you open a claim with W Express;
• W Express may require documents, pictures, videos, and statements from you or any other party involved in the Shipment, as the Recipient, the Courier and Government Agencies, in order to investigate the Insurance Claim;
• W Express shall not be responsible to provide the reason of an eventual Insurance Claim denial;
13. Intellectual Property
13.1. W Express Property
For purposes of this Agreement, “W Express Property“ shall mean (a) W Express’s methodology for the provision of Services; (b) the Developer Tools; and (c) W Express’s ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. W Express hereby retains all worldwide right, title and interest in and to the W Express Property. Any rights not expressly granted herein to the W Express Property shall be retained by W Express. You acknowledge that all right, title and interest to the W Express Property is owned by W Express.
13.2. Additional Restrictions
Other than as permitted herein, you shall not (and you shall not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the W Express Property, or otherwise attempt to discern the functioning or operation of the Website or Services; or copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder. For clarification purposes, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of W Express and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by W Express through our merchant Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to W Express.com. You shall not alter, modify or change such HTML logos in any way, use them in a manner that is disparaging or otherwise adverse to W Express or the Services, or display them in any manner that implies W Express’s sponsorship or endorsement. You shall not (and you shall not permit others on your behalf to): (i) use any robot, spider, scraper or other automated means to access the W Express Website or Services for any purpose without W Express’s express written permission, (ii) interfere or attempt to interfere with the proper working of our Website or any activities conducted on the Website, or (iii) bypass any measures W Express may use to prevent or restrict access to the W Express Website or the Services.
13.3. Client Property
All materials provided by you under any shall be deemed “Client Property“ for purposes of the Agreement. You hereby grant to W Express a non-exclusive license to the Client Property solely as needed to provide the Services. No other licenses, express or implied, under any intellectual property rights are granted by you to W Express under these Terms of Service.
14. Confidential Information
Each party (“Recipient“) acknowledges that it may receive Confidential Information as defined herein. For purposes of these Terms of Service and subject to the exclusions set forth below, Confidential Information means any information provided to it by the other party (“Discloser“) that is marked, labelled or otherwise designated as confidential or proprietary, or that Recipient knew, or should have known, was confidential due to the circumstances surrounding the disclosure.
Information that is subject to one of the exclusions below shall not be Confidential Information. The exclusions include the following: (a) Non-transactional Confidential Information (as defined below), (b) information publicly known at the time of disclosure, (c) information received by Recipient without restriction from a third party, (d) information published or otherwise made known to the public by Discloser, (e) information that was generated independently without reference to the Discloser’s Confidential Information, or (f) information that is required to be disclosed under a court order or pursuant to any applicable governmental rule, regulation or statute, provided that Recipient provide Discloser with prior written notice of such disclosure, (as permitted by law) and the timing for response set forth in the request.
14.3. Non-transactional Confidential Information
Other than transaction information absolutely required for W Express to provide, or for you to use the Services, W Express does not require nor desire any of your proprietary information (“Non-transactional Confidential Information“). You agree not to provide W Express with any Non-transactional Confidential Information including, but not limited to, prototypes of new products, without W Express’s express prior written consent. In the event that you send such Non-transactional Confidential Information to W Express without W Express’s prior written consent, then W Express shall not be obligated to treat such information as Confidential Information.
14.4. Standard of Care
Recipient shall not use the Confidential Information for any purpose other than as required by these Terms of Service. Recipient shall not disclose the Confidential Information to any third party, other than as required to perform the Services. Recipient shall use at least the same standard of care with the Discloser’s Confidential Information as it does with its own Confidential Information, but in no event with less than reasonable care. Each party acknowledges that breach of this provision would result in irreparable harm to the other party, for which money damages would be an insufficient remedy, and therefore that the other party will be entitled to seek injunctive relief to enforce the provisions of this Section.
14.5. Return or Destruction
Other than transactional information that is retained in the ordinary course of W Express’s business, each party shall either promptly return all Confidential Information, or confirm that such Confidential Information has been destroyed promptly after receipt of written request from the other party.
14.6. Aggregate Use
Subject to the Terms of Service herein, you hereby acknowledge and agree that W Express may compile aggregate results from all of, or a selection of your use of the Services, provided that W Express shall not disclose any information that would individually identify you (“Aggregate Information“). Such Aggregate Information shall be deemed to be W Express’s Confidential Information. You also hereby agree that W Express may review and use your individual use of the Services in order to provide Services to you, to evaluate W Express’s provision of the Services, and to improve W Express’s Services offerings.
You agree to indemnify and to hold harmless W Express, our officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of your use of the Services and/or your violation of the Terms of Service. Upon requesting for our Service, you agree to indemnify and hold harmless W Express from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not W Express accepts such order.
16.1. As Is
W Express endeavors to provide the Services in accordance with these Terms of Service. Users acknowledge that the Services and the Website are provided on an “as is“ and “as available“ basis. W Express and W Express’s suppliers expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose and non-infringement for the services, the Website and any third party services. The use of the Services, Website, or third party services shall be at your own risk.
16.2. No Continuous Access
W Express does not guarantee continuous, uninterrupted or secure access to the Services. Operation of the Services may be interfered with by numerous factors outside of our control. W Express will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but W Express makes no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays caused by third parties. W Express is not liable for any direct, indirect, incidental damage, loss of profit, goodwill, use, or data resulting from our inability to provide the Service. We reserve the sole right to discontinue the Website and our Services, including any of the Website’s features, at any time with or without notice to you.
You understand that W Express may not inspect your goods nor does W Express take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that W Express is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through W Express.
17. Limitation of Liability
17.1. Third-Party Liability
By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
17.2. Waiver of Consequential Damages and Limitation of Liability
In no event shall W Express be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third party websites and content. Other than as set forth below, in no event shall W Express’s liability under this agreement exceed the monies paid or payable by you to W Express for the applicable services excluding carrier fees or other third party fees (“damages cap“). In the event of an unauthorized transaction by an W Express employee or agent, W Express is only liable for the damages cap. W Express must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from W Express.
17.3. Declaration and Accurate Information
You are responsible to provide complete and accurate information in respect of the Shipment Declaration. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify W Express for and hold W Express harmless from any loss or expense resulting as a consequence of the wrong information provided by you. W Express shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, W Express is in no way responsible for any damages, losses due to custom practice. W Express shall not be liable for the accuracy and truthfulness of the information provided by you.
17.4. Import Taxes and Duties
When you generate a Shipment using a W Express My Account shipping, you will have created a DDU Shipment, DDU stands for Delivery Duty Unpaid. In DDU Shipments, you choose not to pay in advance for any taxes and duties in respect of the Shipment arising in the destination country, of which the Recipient will be billed accordingly. By using DDU Shipment, Users acknowledge that any local customs charges, import taxes, import duties, last-mile delivery fee, or in general any extra charge(s) regarding the Shipment (“Taxes and Duties“), will be of the Recipient’s sole responsibility. W Express shall not be liable for any discrepancies between the Shipping Fees by W Express and any local fee, especially Taxes and Duties, or additional delivery fee charged to the receiver.
W Express will not provide you an estimate of the Taxes and Duties prior to each Shipment for your reference (“Estimate“). For DDU Shipments, such Estimate shall be requested by you or the Recipient to the Government Agencies at destination country. The Users and W Express shall not be liable for any discrepancy between of any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to W Express by the User is complete and accurate, being the Recipient fully liable for such fees.
W Express shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, W Express shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
W Express shall not be liable for any customs fee, duties and taxes or any other fee related to customs clearance process that Courier or Government Agencies may charge.
17.6. Service provided by Courier
W Express is a technology platform that connects shippers and couriers. In no circumstances will W Express be liable for any Services or information provided by any Courier. Under no circumstances W Express will be held responsible or liable for any damage, destruction, loss, late delivery of Shipment, failures in handling in shipments to couriers, failed or late shipment collection by Courier, or any issues with tracking updates, for any Courier, also W Express is not liable for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier). W Express is not liable for the delivery time information shown on the Website.
Further to the above, W Express connects warehouse service providers with potential clients. You acknowledge and agree that we do not assume any liability whatsoever for the acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
W Express is not liable for any fees, expenses, resulting of a change of information from your side (for example a change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on W Express. W Express is not liable for any delay in the generation of shipping documents.
You have the right to terminate your account at any time by sending a cancellation request to info@WExpress.me. Subject to earlier termination as provided below, W Express may terminate your account and these Terms of Service at any time by providing thirty (30) days prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, W Express may also terminate these Terms of Service upon thirty (30) days’ notice (or ten (10) days in the case of non-payment), if you breach any of the Terms of Service or conditions of these Terms of Service. Also, W Express reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, W Express may store all of Your Content on the Services (if any), or it may be permanently deleted by W Express, in its sole discretion. W Express will reimburse the balance within ninety (90) Days.
Please note, while disagreements sometimes arise, W Express wants to address any complaint with the Services in a proactive manner. Please log a support case for resolution, you can send an email to info@WExpress.me. If you feel an escalation is merited, please email info@WExpress.me regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
20. Governing Law and Venue
These Terms of Service shall be governed by the laws of the United States of America. By using our Services, you agree to submit to the exclusive jurisdiction of the United States Court.
21. General Provisions
If any provision of these Terms of Service is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make such provision valid and enforceable and the remaining provisions of these Terms of Service shall remain in effect and enforceable in accordance with their Terms of Service.
21.2. No Waiver
Failure or delay of W Express to exercise a right or power under these Terms of Service shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.
21.3. Notices to You
You agree that W Express may provide notice to you by posting it on our Website, emailing it to the email address listed in your account, showing a notification when you login to your account, mailing it to the street address listed in your account, or sending a WhatsApp message to your phone number. Such notice shall be considered to be received, read and understood by you within 24 hours of the time it is posted to our Website or emailed to the email address listed in your account or sent to your WhatsApp phone number. If the notice is sent by mail, we will consider it to have been read and understood by you within 24 hours of the time it is delivered. W Express reserves the right to terminate your account if you withdraw your consent to receive electronic communications.
You may not transfer or assign any rights or obligations you have under this Agreement without W Express’s prior written consent and any attempted assignment without that consent will be void. W Express reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. Subject to the foregoing provisions of this Section, these Terms of Service shall be binding on and inure to the benefit of the parties’ successors and assigns.
21.5. Attorneys’ Fees and Costs
W Express shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms of Service.
21.6. Force Majeure
W Express shall not be liable for any delays or inability to perform the Services caused by forces beyond W Express’s control including, without limitation, acts of God or acts of third party Service providers, including, but not limited to, carriers and postage systems. When goods are ordered out, in the case of acts of God, war, terrorism, public enemies, seizure under legal process, strikes, lockouts, riots and civil commotions, or any reason beyond W Express’s control, or because of loss or destruction of goods for which W Express is not liable, or because of any other excuse provided by law, W Express shall not be liable for failure to carry out such instructions.