Borderless360 Ltd (“Borderless360”, “we” and “us”) is the operator of https://borderless360.com/ (“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 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 Borderless360 and its direct affiliates or subsidiary.
The usage of any services not provided by us directly (including, without limitation, warehousing 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.
You must provide complete and accurate payment information. Payment for Borderless360 Services shall be made by any of the accepted payment methods as set out on the tax invoice.
A shipping fee will be charged for each Shipment, of which shall include all costs related to the Shipment, quoted by Borderless360 (“Shipping Fee”). Shipping Fee shall include: shipping cost, fuel surcharge, insurance fee, import tax, import duty, remote area surcharge, courier tax handling fees, pick-up fees, and any other amount related to the activity of shipping through Borderless360. You acknowledge and agree that the Shipping Fee do not include any additional fees arising out of separate agreements with third-party service providers.
Quotations for Shipping Fees by Borderless360 are based on the information provided by you, including but not limited to sender’s address, receiver’s address, weight, dimensions, and value of the items. In the event that there is a discrepancy between the Shipping Fees charged by Borderless360 and the costs for the Shipment incurred by Borderless360 due to incorrect information that you provided, such as incorrect weight, dimensions, value of the item(s), addresses, or any other information critical to estimate the shipping cost, you will be responsible for such discrepancy amount. Borderless360 specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Borderless360 is not responsible for any changes or alteration of the Shipping Fees. Borderless360 agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but Borderless360 makes no representations or warranties regarding the amount of time needed to complete processing.
Borderless360 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.
In the event that you disagree with any Shipping Fees charged to your account, you shall submit such complaint to Borderless360 within thirty (30) days of the fee being charged (“Dispute Period”). Borderless360 will not review customer requests for Shipping Fee adjustments that are received after the Dispute Period.
You acknowledge and agree that all fees, charges and any other rates or amounts charged by Borderless360 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 Borderless360 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 Borderless360 to you.
Users who incorrectly declare the commodity type and/or value of their shipment(s) may be charged a penalty of US$100 or the difference between the declared value and the transactional value, which ever is higher.
For purposes of this Agreement, "Borderless360 Property" shall mean (a) Borderless360 methodology for the provision of Services; (b) the Developer Tools; and (c) Borderless360 ideas, websites, designs, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, products and materials. Borderless360 hereby retains all worldwide right, title and interest in and to the Borderless360 Property. Any rights not expressly granted herein to the Borderless360 Property shall be retained by Borderless360. You acknowledge that all right, title and interest to the Borderless360 Property is owned byBorderless360.
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 Borderless360 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 Borderless360 and you shall not copy, imitate, or use them without our express prior written consent. You may use HTML logos provided by Borderless360 through our merchant Services, auction tools features or affiliate programs without prior written consent solely for the purpose of directing web traffic to www.borderless360.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 Borderless360 or the Services, or display them in any manner that implies Borderless360 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 borderless360 Website or Services for any purpose without Borderless360 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 Borderless360 may use to prevent or restrict access to the Borderless360 Website or the Services.
All materials provided by you under any shall be deemed “Client Property” for purposes of the Agreement. You hereby grant to Borderless360 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 Borderless360 under these Terms of Service.
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.
Other than transaction information absolutely required for Borderless360 to provide, or for you to use the Services, Borderless360 does not require nor desire any of your proprietary information ("Non-transactional Confidential Information"). You agree not to provide Borderless360 with any Non-transactional Confidential Information, including, but not limited to, prototypes of new products, without Borderless360 express prior written consent. In the event that you send such Non-transactional Confidential Information to Borderless360 without Borderless360' prior written consent, then Borderless360 shall not be obligated to treat such information as Confidential Information.
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.
Other than transactional information that is retained in the ordinary course of Borderless360' 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.
Subject to the Terms of Service herein, you hereby acknowledge and agree that Borderless360 may compile aggregate results from all of, or a selection of your use of the Services, provided that Borderless360 shall not disclose any information that would individually identify you ("Aggregate Information"). Such Aggregate Information shall be deemed to beBorderless360' Confidential Information. You also hereby agree that Borderless360 may review and use your individual use of the Services in order to provide Services to you, to evaluateBorderless360' provision of the Services, and to improveBorderless360' Services offerings.
Borderless360 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. Borderless360 andBorderless360' suppliers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties 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.
Borderless360 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. Borderless360 will make reasonable efforts to process requests for receiving or shipping merchandise in a timely manner but Borderless360 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. Borderless360 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 Borderless360 does not inspect your goods nor does Borderless360 take any responsibility for the business decisions that you make and implement through the Services. You acknowledge that Borderless360 is not the Merchant of Record, nor the Importer of Record, and nor the owner of any product shipped by you through Borderless360.
By accepting the Terms of Service, 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.
In no event shall Borderless360 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 shallBorderless360' liability under this agreement exceed the monies paid or payable by you to Borderless360 for the applicable services excluding carrier fees or other third party fees (“damages cap”). In the event of an unauthorized transaction by an Borderless360 employee or agent, Borderless360 is only liable for the damages cap. Borderless360 must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Borderless360.
You are responsible to provide complete and accurate information in respect of the Shipment, including but not limited to the item category and item value of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Borderless360 for and hold Borderless360 harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Borderless360 shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Borderless360 is in no way responsible for any damages, losses due to custom practice. Borderless360 shall not be liable for the accuracy and truthfulness of the information provided by you.
When you schedule a Shipment with Borderless360 and purchase a shipping label, you have the option of choosing between a DDU Shipment or a DDP Shipment. 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 receiver 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 receiver’s sole responsibility. Borderless360 shall not be liable for any discrepancies between the Shipping Fee by Borderless360 and any local fee, or additional delivery fee charged to the receiver.
In the event that you wish to avoid the receiver for being charged any additional fee, you may use DDP Shipment, in which you agree to pre-pay the Taxes and Duties in respect of the receiving country at the time you purchase the shipping labels.
Borderless360 will provide to you an estimate of the Taxes and Duties prior to each Shipment for your reference (“Estimate”). For DDU Shipments, such Estimate shall be for reference only and the Shipment may be subject to other additional charges depending on the local custom practices of the destination country. For DDP Shipments, Borderless360 guarantees that such Estimate shall be binding and any Taxes and Duties payable by the User shall not exceed the Estimate provided by Borderless360. The Users shall not be liable for any discrepancy between the Shipping Fee by Borderless360 and any local fee, or additional delivery fee provided that all information in respect of the Shipment submitted to Borderless360 by the User is complete and accurate. Borderless360 reserves the right to charge a User using DDP Shipments additional fees in respect of excessive Taxes and Duties resulting from the incomplete and/or inaccurate information provided by the User used to compute the Estimate.
Borderless360 shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Borderless360 shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
Borderless360 is a technology platform that connect shippers and couriers. In no circumstances that Borderless360 will be liable for any Services provided by any Courier. Borderless360 is not liable for any damage, destruction, or loss of Shipment, late delivery, and issues with the tracking, by the Courier. Borderless360 is not liable for 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). Also if you buy a shipping label from a Courier that does not provide any pickup service, you agree to be responsible to deliver the Shipment to the designated drop-off point. Borderless360 is not liable for the delivery time information shown on the Website. Borderless360 is not responsible for any delayed delivery.
Further to the above, Borderless360 connects warehouse service providers with potential clients. 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.
Borderless360 is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Borderless360. Borderless360 is not liable for any delay in the generation of shipping documents.
You may purchase an insurance coverage for your Shipments through Borderless360.
You have the right to terminate your account at any time by sending a cancellation request to email@example.com. Subject to earlier termination as provided below, Borderless360 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, Borderless360 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, Borderless360 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, Borderless360 may store all of Your Content on the Services (if any), or it may be permanently deleted by Borderless360, in its sole discretion. Borderless360 will reimburse the balance within ninety (90) Days.
Please note, while disagreements sometimes arise, Borderless360 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 firstname.lastname@example.org . If you feel an escalation is merited, please email to email@example.com regarding your unresolved case and your concern. For purposes of clarity, this does not waive the notice requirement set forth below.
These Terms of Service shall be governed by the law of the Hong Kong Special Administrative Region of the People's Republic of China. By using our Services, you agree to submit to the exclusive jurisdiction of the Hong Kong Court.
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.
Failure or delay of Borderless360 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.
You agree that Borderless360 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, or mailing it to the street address listed in your account. 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. 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. Borderless360 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 Borderless360' prior written consent and any attempted assignment without that consent will be void. Borderless360 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.
Borderless360 shall have the right to collect from you its reasonable costs and necessary disbursements and attorneys’ fees incurred in enforcing these Terms of Service.
Borderless360 shall not be liable for any delays or inability to perform the Services caused by forces beyond Borderless360' 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 Borderless360' control, or because of loss or destruction of goods for which Borderless360 is not liable, or because of any other excuse provided by law, Borderless360 shall not be liable for failure to carry out such instructions.