Before using the Service, please carefully read the Terms and Conditions, the Privacy Statement and the Disclaimer, which constitute an Agreement between you and the Government of the Hong Kong as represented by the Postmaster General ("HKP"). When you confirm that" I read and agree the Terms and Conditions of this platform”, you have read and fully understood this Agreement and agree to observe and be bound by the same.
1. USING THE SERVICE
On using the Service, you represent, undertake and warrant that:-
1.1 you have submitted true and accurate personal, delivery and customs information to HKP;
1.2 your personal, delivery and customs information provided shall be the same as that indicated on the posting form affixed on the mail item.
1.3 you shall take full responsibility for any actions undertaken after provision of your personal, delivery and customs information.
2. THE SERVICE AND YOUR CELLULAR PHONE /COMPUTER SYSTEM
2.1 You shall at your own costs and expenses ensure that your Cellular phone/Computer system is compatible with the Service of HKP. HKP will not be liable for any liability, loss, cost and expense that you suffer or incur as a result of any incompatibility between your Cellular phone/Computer system and the Service.
2.2 You acknowledge and agree that you will use the Service at your own risk. HKP will not be responsible for any problem or malfunction of any Cellular phone/Computer system which uses or has used the Services. HKP shall not be responsible in any way for any damage or loss due to any materials or software which are available through the Service.
2.3 You declare that you are the owner or authorised user of your Cellular phone/Computer system every time you access or use the Service.
2.4 You agree to use the Service (whether or not it contains the materials owned by HKP or provided by others) legally and will not infringe on its intellectual property rights in Hong Kong or any other jurisdictions where you access or use the Service.
3. THIS PLATFORM AND THE SERVICE
3.1 This Platform and the Platform Materials are provided on "as-is" and "with all faults" bases. HKP makes no statements, representations or warranties (whether express or implied) of any kind in relation to this Platform, the Service, the Platform Materials and the information available through this Platform, including any statements, representations and warranties in respect of the accuracy, completeness, timeliness, merchantability, security, non-infringement of the Intellectual Property Rights of any person and fitness for a particular purpose of this Platform, the Service, the Platform Materials and the information available through this Platform.
3.2 You acknowledge that the Internet is an inherently unreliable medium of communication and such unreliability is beyond the control of HKP. HKP does not make any statements, representations or warranties (whether express or implies) as to the results or as to the accuracy or reliability of information obtained through this Platform or the Service or as to any defects in the Service Software will be corrected.
3.3 HKP will not in any circumstances or in any way be liable for any loss or damage whatsoever (including consequential, indirect, incidental and special loss/damage) arising out of or in connection with the use of or inability to use the Service.
3.4 This Platform contains information provided by others over whom, and in respect of which, HKP may have no control or influence. You may link from this Platform to any platforms provided by others. HKP expressly states that it has not approved or endorsed the information provided by others on this Platform or any other sites linked to this Platform and HKP accepts no responsibility or liability (howsoever caused) for such information.
3.5 HKP will not be liable for any loss and damage that you may suffer if the Service is in error, malfunctioning, inoperative, delayed or unavailable due to (but not limited to) any connection failure or cellular phone / computer downtime attributable to housekeeping, malfunctioning, Viruses, unauthorized access by any person (including hacker), upgrade or preventive or remedial maintenance activities or any events beyond the control of HKP.
4. OPERATING TIMES, CHANGES AND DISRUPTIONS
4.1 The Service will usually be 24-hours available for use or at other times notified to you. You accept, however, that routine maintenance requirements, excess demand on the systems and some other circumstances may render the Service unavailable and HKP may suspend the Service at any time.
4.2 In connection with the Service, HKP may at its absolute discretion at any time without prior notice to:-
4.2.1 change the content or mode of the Service; or
4.2.2 add to, remove or otherwise change, end or suspend any of the functions or facilities available in the Service; or
4.2.3 terminate the Service.
5. Posting Form (including Pos460E and Pos401G) and Thermal Posting Label
5.1. Senders should pay attention to the specific posting requirements of the destination, e.g. delivery standard, Customs declaration form, prohibited/restricted items, and weight/size limit, etc.
5.2. Senders shall ensure that the posting form or the thermal posting label are printed and signed before posting the item. Senders shall not make any changes on the printed posting form. In case of necessary amendment, sender shall make and print all copies of the new posting form or the thermal posting label.
5.3. Each posting form will be assigned a unique Item Number. Senders must ensure that all the posting items must be attached with the unique posting form. To facilitate barcode scanning, it is recommended to print the posting form (Pos 460E) by laser printer. Collection officer will test on site the readability of the barcode imprinted on the posting form (Pos 460E). If the barcode fails to be read by barcode scanner, the posting item will not be processed further.
5.4. To facilitate processing of the postal item, the particulars of the sender and addressee as well as the contents of the postal item should be clearly indicated such that the possibility of delay in delivery, detention or seizure by the customs authorities in the destination country/territory ("Destination Customs Authorities”), return due to non-delivery may be minimized.
5.5. In addition to the posting form and the thermal posting label, senders may have to complete additional customs declaration form(s) to be attached to the postal item as required by the destination country/territory. For example, if the value of the content is over HK$3,000, a completed CN22 form (Pos 401G) should be affixed to the postal item upon posting.
5.6. To facilitate customs clearance by the Destination Customs Authorities, please clearly indicate the details of the postal item contents in the posting form or the thermal posting label, for example:
5.7. Failure to complete the posting form or the thermal posting label and any other necessary customs declaration form(s) may result in delay in mail processing and inconvenience to the addressee. The posting form, the thermal posting label and/or any other customs declaration form(s) containing false or misleading declaration may lead to a fine or to confiscation of the postal item by the Destination Customs Authorities.
5.8. Senders should be aware of the latest requirements of documents and customs clearance procedures stipulated by the Destination Customs Authorities. The Destination Customs Authorities may withhold and/or impose customs duties/tariffs on any postal items as they consider lawful under the law of their own country. It is the responsibility of the senders/addressees to provide all the required documents (such as commercial invoice, certificate of origin, health certificate, license, authorization for controlled goods (e.g. plants, animals, food products, etc.) which are subject to customs inspection and quarantine) for customs clearance of the postal item or arrange broker service if necessary. Such documents be put in an adhesive transparent envelope and be securely fastened to the postal item. The Destination Customs Authorities will not inform the postal administrations, i.e. Hongkong Post, of the customs clearance information concerning the postal items.
5.9. For postal item which are merchandise or samples, The HS tariff number (8-digit) must be filled in according to the Harmonized Commodity Description and Coding System developed by the World Customs Organization. In this regard, "country of origin” means the country from which the goods originate (including production, manufacturing or assembling). To avoid any delay and inconvenience caused to the addressee, the sender should provide such information and attach an invoice to the postal item for processing by the customs officials.
5.10. Customer can pack the items with self-provided packing, but shall make sure that all the printed posting forms, customs declaration forms and relevant document shall be inserted into an adhesive / open flap transparent envelope and have it securely attached on the posting item. If thermal posting label is used, customer can simply attach the label on the posting item, while the other customs declaration forms and relevant document shall also be inserted into an adhesive / open flap transparent envelope and have it securely attached on the posting item.
5.11. The total weight of the item is subject to measurement by Hongkong Post. If there is any discrepancy, Hongkong Post's measurement shall be final. Calculation of the postage fee will accordingly be based on Hongkong Post's final measurement without prior notice to sender.
5.12. Any other part of the posting form or the thermal posting label does NOT constitute conclusive evidence of the contents of the postal item.
5.13. Delivery standard (if applicable) is based on the actual working days in the destination country/territory, excluding the day of posting and the time taken for customs clearance.
5.14. According to the usual practice of postal administrations worldwide, delivery staff will not call the recipient before mail delivery and normally only one delivery attempt will be made to the recipient's address. Should there be no one to collect the mail item at the recipient's address, a notification card will be left to the recipient for collection of the mail item at a designated post office.
6. COMPLIANCE WITH LAWS
You shall comply with all laws, statutes and regulations whether of Hong Kong or elsewhere which apply to your use of the Service or this Platform.
7. MODIFICATION
HKP is entitled to revise this Agreement at its absolute discretion at any time and from time to time by posting the amended this Agreement. The amended Agreement will be effective immediately on this Platform. If you continue to use the Service after such amended Agreement, you agree or will be deemed to agree to be bound by the amended Agreement. In this regard, you are strongly advised to read this Agreement carefully each time before you use the Service.
8. LIMITATION OF LIABILITY
Use of the Service and anything in this Platform is at your own risk. HKP will in no event be liable for any direct, indirect, consequential, incidental or other loss or damage for any errors in or use of or inability to use the Service including without limitation, any lost profit, business, data, or any damage to Cellular phone/Computer systems or facilities.
9. PERSONAL DATA
The personal data collected from this Platform will be used by HKP for processing the mail item. It is voluntary for customer to provide the relevant personal data. The posting details including the personal data may be transmitted via electronic data interchange to the postal administrations which have a business relationship with Hongkong Post, and destinations or relevant customs authorities. Failure to provide the related data shall delay processing of the mail item, and Hongkong Post may be incapable of fulfilling the required service. The personal data includes without limitation the information such as sender / addressee's name, residential and company address, telephone number and e-mail address, etc. Hongkong Post would not use the personal data for any other purposes without customer prior consent unless such use is permitted or required by law. In normal situation, the posting data will be kept 6 months after the date of posting for customer retrieval. Except that, Hongkong Post's general policy is to disclose no personal identifiable information to third parties except as required by law.
Meanwhile, you agree that any of your Personal Data collected by HKP through your use of the Online Portal or the Services at any time and from time to time may be used for such purposes and disclosed to such Persons in accordance with HKP's Personal data collection and privacy policies set out in the Privacy Policy Statement published under HKP's website at www.hongkongpost.hk which may be modified from time to time.
10. INDEMNITY
10.1 You shall indemnify HKP and keep HKP fully and effectively indemnified from and against all and any liabilities, losses, damage, costs, charges, expenses (including legal fees), demands, claims, proceedings and actions which HKP may sustain or incur or which may be brought or established against HKP by any person, and which in any case directly or indirectly arises out of or in connection with, any of the following:-
(a) your negligence, recklessness or willful misconduct;
(b) your breach or non-performance or non-observance of any provisions of this Agreement;
(c) your unauthorized act or omission; or
(d) any infringement of intellectual property rights by you or your authorised agent.
10.2 This Clause 10 shall survive the termination of the Service and shall continue in full force and effect notwithstanding such termination.
11. INTELLECTUAL PROPERTY RIGHT
11.1 Copyright Statement
You acknowledge and agree that the copyright in the Platform Materials (except the information provided by others as mentioned in clause 3.4 above), including but not limited to all text, graphics, drawings, diagrams, photographs and compilation of data or other materials, is and shall remain at all times the property of HKP.
11.2 Restriction of use of Hongkong Post's trade and service marks
You acknowledge that HKP's names and logos, including "Hongkong Post”, are the registered trade marks of HKP and you agree not to use such names and logos in any circumstances.
11.3 Reservation of Rights
All rights not expressly granted under the Terms and Conditions herein in respect of the Platform Materials are reserved by HKP. For enquiries or requests for HKP's prior written consent for use of Platform Materials of HKP, please email to hkpo@hkpo.gov.hk.
12. ENTIRE AGREEMENT
This Agreement constitutes the whole agreement between HKP and you and supersedes any previous agreements, arrangements or understandings between them relating to the subject matter hereof. Each of the parties hereto acknowledges and agrees that it is not relying on any statements, undertakings, warranties, representations given or made by any of them relating to the subject matter hereof, save for those statements, undertakings, warranties or representations expressly set out in this Agreement.
13. WAIVER AND SEVERABILITY
13.1 No failure of any party hereto to exercise, and no delay in exercising, any right or remedy in respect of any provision of this Agreement shall operate as a waiver of such right or remedy.
13.2 If any provision of this Agreement shall be found to be illegal, invalid or unenforceable (whether in whole or in part) under any laws of any competent jurisdiction, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this Agreement, all of which shall remain in full force and effect.
14. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong. The parties hereto irrevocably agree that the courts of Hong Kong will have exclusive jurisdiction to determine any claim or matter arising under or in connection with the interpretation or implementation of this Agreement or the exercise of any rights or the performance of any obligations arising under this Agreement.
15. GOVERNING VERSION
In case of any conflict or inconsistency arising between the English version and the Chinese translation of this Agreement, the English version shall prevail.
16. DEFINITIONS
16.1 Unless the context requires otherwise, the following terms will have the following meanings respectively.
"Agreement" means this Agreement (including the Terms and Conditions, the Privacy Policy Statement and the Disclaimer incorporated by reference) as amended, varied or supplemented from time to time in accordance with Clause 7.
"Cookies" means small text files used to identify your computer and to store information about your use of this Platform.
"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
"Intellectual Property Rights" means patents, trade marks, service marks, trade names, design rights, copyright, domain name, database rights, rights in know-how and other intellectual property rights (of whatever nature and whosesoever arising, and whether now known or which may arise in future) in each case whether registered or unregistered and including applications for the grant of such rights.
"Person" means any person (including any body of persons, corporate or unincorporated).
"Personal Data" has the meaning attributed to that term under the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong).
"Personal Information" means the personal information that a person is required to submit to HKP for or upon service registration, and where appropriate, means such personal information as updated by the Account owner pursuant to Clause 1.1 (c)
"Related Persons" means all and any officers, employees, agents, sub-contractors and suppliers of HKP.
"Service" means Easy PreCustoms Service provided under this Platform.
"Service Software" means any software supplied to you whenever you access the Easy PreCustoms Service and any other software supplied to you for the purpose of accessing the Easy PreCustoms Service from time to time.
"The posting form" refers to the electronic forms Pos 460E used for posting of Speedpost items, or Air/Surface Parcels.
"Viruses" means all and any computer virus or similar device or software including without limitation, devices commonly known as software bombs, Trojan horses and worms.
"Platform" means the platform operated and administrated by HKP from the URL https://easy-precustoms.hongkongpost.hk
"Platform Materials" means all items, things and materials posted on this Platform including without limitation, all items, things and materials relating to Speedpost, Air/Surface Parcel, Registered and Ordinary Packets (including Air and Surface mail) which are posted on this Platform.
"Your Cellular phone/Computer system" means all hardware and software system used by you in gaining access to the Easy PreCustoms Service (including without limitation, any computer, modem and any program installed herein).
16.2 In this Agreement, unless the context otherwise requires:-
(a) words importing the singular shall include the plural and vice versa;
(b) words importing any particular gender shall include all other genders; and
(c) words importing the whole shall be treated as including a reference to any part of the whole.
16.3 Any reference in this Agreement to any statute, code, ordinance, regulation, rule or treaty shall be construed as referring to that statute, code, ordinance, regulation, rule or treaty as it may from time to time be amended, modified, replaced or re-enacted from time to time.
16.4 References in this Agreement to clauses and schedules (if any) are to clauses and schedules (if any) to this Agreement except otherwise expressly stated.
16.5 Headings are used in this Agreement for convenience of reference only and shall not in any way vary, limit or extend the interpretation of this Agreement.
COPYRIGHT © HKP 2019. ALL RIGHTS RESERVED.