Last updated on: 29th January, 2019.
1.1 This Terms of Service become effective as it is notified to the Users through bulletin board at The Website. Members who agreed on this Terms and joined are applied with the Terms they agreed on, and when there is any change in the Terms, members are applied with the changed Terms as the change become effective.
1.2 By registering for The Service, you agree on providing and maintaining accurate and latest information on you in accordance with the registration format of the service. Data collection and certain information on you are applied with Personal Information Protection Policy of The Company.
1.3 When the need is recognized, The Company may modify Terms of Service within the range allowed under the relevant laws, and when Terms of Service has been modified, the modification become effective as date of implementation and reason of modification is posted on The Website.
The member may cancel the use contract if one does not agree on the revised Terms of Service, and if the member continues using The Service without expressing rejection of the revised Terms, it is regarded that the member agreed on the revision of Terms.
1.5. As for use of service not directly provided by us (including but not limited to warehousing), legally binding service contract with third party service provider should be signed. You admit and agree on that The Company does not shoulder any liability of action, error, or omission (including but not limited to mistaken and intentional violation) of third-party service provider you or your affiliate contracted with.
2.1 Under the purpose of this Terms of Service, “Service” includes (a) account service at The Website, (b) any software, data, report, text, image, sound, video, and contents provided by you (in general, “Contents”), and (c) shipment service. Any new features added to the Service or updated are applied with this Terms of Service.
2.2 SHIPGATE K-Packet Service is applied with www.shipgate.io/company/terms/koreaPost.
3.1 The following items are product types which could not be delivered through SHIPGATE, for the sake of safety.
Products related to illegal behavior or products prohibited by the law of product origin, destination, and all locations the product is delivered.
3.2. SHIPGATE does not shoulder liability for loss, damage, and destruction of the forbidden items.
4.1 Under the conditions of this Terms of Service, you may access and use The Service only for lawful purpose. All rights, ownership, and concession regarding The Service and its components belong to SHIPGATE and are under SHIPGATE’s ownership.
You cannot (a) resell, lend, transfer, or share usable Service to or with third party without consent of SHIPGATE; (b) illegally use The Service, or impede or hinder integrity or performance of The Service or its components; or (C) modify, convert, hack, or attempt unauthorized access to The Service, relevant systems, or network service, and such actions could be legally penalized.
4.2 You cannot ship forbidden items listed in Article 3.1. You will grant the right to check your shipment anytime, to SHIPGATE and authorized third party. We hold rights to reject or terminate shipping of any items.
4.3 You are shouldered with full liability of service, and any data, information, feedback, suggestion, text, content, and other material you upload, post, deliver, provide, transmit, and store in regard to your “Contents”. SHIPGATE holds the right to access your account in order to respond to your request for technical support.
4.4 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 SHIPGATE’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 responsibility for proper security, protection and backup of your contents is yours. SHIPGATE shoulders no liability in unauthorized access to and use of your contents and damage, deletion, destruction or loss of your contents.
4.5 You have liability to acquire and maintain equipment and subsidiary services required to connect to, access, or use The Service, including browser, modem, hardware, server, software, operating system, networking, web server, and Internet service (in general, “Equipment”). You are liable for checking if the Equipment is compatible with The Service and complies with all composition and specifications defined in announced policy. 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.
4.6 Under Terms of Service, SHIPGATE may provide technical support through e-mail (but it is not obliged). SHIPGATE can send update for the package and acquire feedback from the recipient through utilization of recipient’s personal information, and such actions are regarded as necessary part of service provision.
4.7 If you wish to modify information on the Shipment including address, included item, or others, you should notify SHIPGATE customer’s service (firstname.lastname@example.org) about it. If the Shipment already has been handled by carrier, courier service, or postal service (“Carrier”), such modification may not be effective or the Carrier may demand fee for checking the changed information.
5.1 To create SHIPGATE account, you should agree upon providing exact information (“Registration Information”), and update the information, if needed.
Access and use of SHIPGATE account are limited to verified users.
5.2 You agree on that you will not share your password, account information, or access information with third party. You are liable for maintaining confidentiality of your password and account information, and any activities resulting from access to password or account is at your responsibility.
You agree on immediately notifying SHIPGATE when there is unauthorized use of the account. SHIPGATE does not shoulder liability for unauthorized use of your account.
5.3 You may invite other users to share your account (“Invited Member”). However, you are liable for actions and activities of Invited Members of your SHIPGATE account.
You should provide complete and accurate payment details. Payment for SHIPGATE Service should be selected from authorized payment methods listed at The Website.
6.2. Delivery Fee
Delivery fee is charged for every Shipment, and includes all costs regarding the Shipment that SHIPGATE recognizes. In the delivery fee, transportation cost, bunker adjustment factor, insurance fee, import tax, import tariff, local premium, courier service fee, pickup fee, and other fees related to delivery through SHIPGATE.
User recognizes and agree on that the delivery fee does not include additional fess occurred from extra contract with third party service providers.
Shipment fee quotation of SHIPGATE is based on information including but not limited to sender’s address, recipient’s address, weight, volume, and item value.
If there is any disagreement between delivery fee charged by SHIPGATE and actual delivery fee charged by the Carrier because of incorrect information (e.g. wrong weight, figure, item value, address, or any other information significant in estimation of delivery fee) provided by you, additional fee would be at your liability.
SHIPGATE does not shoulder liability for delivery fee error caused by incorrect or incomplete information. Although SHIPGATE agrees on making reasonable efforts to charge your account for such costs from disagreement, SHIPGATE does not guarantee any statement regarding time required to finish the process.
6.4 Account Balance
As service fee occurs, SHIPGATE deduct equivalent amount from your account balance. Delivery fee for each Shipment is charged when the sum is over 100,000 KRW or in 7 days cycle (when the sum is less than 100,000 KRW), and includes delivery label cost. (Pay as you go plan)
Delivery fee could be changed as described in Article 6.3 of these Terms, and to use SHIPGATE Service, users must maintain their account balance over 100,000 KRW. You agree on depositing funds in your account balance within 14 days when your account balance is minus.
When the delivery fee is changed as mentioned at Article 6.3, those amounts are offset.
6.5 Currency Fluctuation
SHIPGATE holds the rights to change the price according to currency fluctuations including but not limited to exchange rate change and discount.
6.6 Delivery Fee Dispute
If you do not agree upon the delivery fee charged on your account, you should submit corresponding complaint to SHIPGATE within 30 days from charging ("Dispute Period"). SHIPGATE does not review any customer’s request submitted after the expiration of Dispute Period.
You admit and agree upon that taxes on value added, sales, fees, products, or service (“Transfer Tax”) regarding Services provided to you under these Terms could be charged to you.
If applicable, you should pay all Transfer Taxes occurred in regard to the delivery fee or other costs charged by SHIPGATE.
For user who erroneously reported item type and/or Shipment value, either 100 USD or difference in reported value could be imposed, whichever greater.
6.8 Refund of Balance
User may request refund of offset amount. Items regarding transaction are offset before the 15th of the next month.
6.9 Refund of Delivery Fee
Before the Shipment is handled, user may cancel any usable or unused label and request refund accordingly (As for K-Packet Service, delivery fee is charged if the Shipment was filed at an actual post office).
If shipping was already conducted and the shipment has been sent to the Carrier, such Shipment may not be cancelled, and the User has to pay the entire Shipment fee and other relevant fees.
In the purpose of this contract, “SHIPGATE Property Right” means that SHIPGATE holds all rights and ownership upon (a) service methodology of SHIPGATE; (b) developer’s tool; and (c) idea, website, design, process, code, technology, software, copyright, logo, domain name, patent, trademark, and business secret. All rights which are not explicitly granted in this contract belong to SHIPGATE. You admit that all rights and ownership upon SHIPGATE title belong to SHIPGATE.
SHIPGATE prioritizes protecting your personal information.
All information provided to The Company or entered at The Website is utilized according to The Company’s “Personal Information Handling Policy” at this page (www.shipgate.io/company/terms/privacyPolicy).
We never sell, lend, or disclose your personal information to third party without your consent or permission at Personal Information Handling Policy.
9.1 The Company is waived of liability for provision of Service when it is impossible because of natural disaster or equivalent irresistible force.
9.2 The Company is not liable for fail in using The Service from causes imputable to the User.
9.3 The Company is not liable for loss caused by inevitable reasons including maintenance, replacement, regular inspection, and construction of service equipment.
9.4 The Company is not liable for loss caused by infrastructure provider aborting or inadequately providing electric communication service.
9.5 The Company is not liable for the User losing expected return because of using The Service, and is also not liable for loss from material user acquired through The Service. The Company is not liable for credibility and accuracy of information and material posted at The Website by users.
9.6 The Company is not liable for dispute occurred between the Users or the between the User and third party because of the service, and is not obliged to compensate the loss from it.
9.7 The Company is not liable for loss from error in the User’s computer or inadequate entry of user’s personal information and e-mail address.
9.8 The Company is not liable for any loss in regard to free Services provided to the Users.
10.1 Compensation of Loss
If any damage of loss occurs on The Company because of violation of Terms of Service or unfair behavior, user who violated Terms of Service must compensate all damage The Company suffered. If The Company become subject to any appeal including claim for damage and lawsuit because of illegal behavior or violation of Terms of Service by the User while using The Service, the concerned user must immunize The Company in the User’s own responsibility and cost, and if The Company is not immunized, the concerned user must compensate all relevant damages and losses The Company suffers.
10.2 Third Party Liability for Damages
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.
10.3 Declaration and Accurate Information
You are liable for provision of accurate information regarding the Shipment, including but not limited to the item type and item value of the Shipment. You are liable for error, loss, cost, or result caused by incorrect or incomplete information provided to The Company. You immunize SHIPGATE against loss or cost caused by incorrect information you provided. SHIPGATE is not liable for loss or damage when item included in the Shipment was improperly declared. Also, SHIPGATE is not liable for any loss or damage caused by any custom. SHIPGATE is not liable for accuracy and veracity of information you provided.
10.4 Tax and Tariff
When a user books a Shipment and purchase delivery label, one can select either DDU Shipment or DDP Shipment. As for DDU Shipment, if the sender chooses to not pay tax and tariff on the Shipment imposed by the destination country preliminarily, the corresponding charge is imposed on the recipient. By using DDU Shipment, the User admits that local customs fee, import tax, import tariff, last mile delivery fee, and other general additional fee regarding delivery (“Tax and Tariff”) are recipient’s liability. SHIPGATE is not liable for disagreement between SHIPGATE’s delivery fee and local fee or additional delivery fee charged on the recipient.
To avoid the recipient paying additional fee, you may use DDP Shipment. If you use DDP Shipment, you are agreeing upon preliminarily paying Tax and Tariff in regard to the destination country when you purchase the delivery label.
SHIPGATE provides quotation regarding Tax and Tariff before the shipping. As for DDU Shipment, the quotation is only for reference purpose, and additional fee could be charged on The Shipment according to the local custom of the destination country.
If there is any disagreement between the delivery fee SHIPGATE charges and actual delivery fee the Carrier charges because of inaccurate information (e.g. incorrect weight, volume, item value, address, and any other information significant in estimation of delivery fee) you provided, you will be liable for such difference fee.
In regard to excessive Tax and Tariff caused by incomplete or incorrect information user provided, SHIPGATE holds the rights to charge the additional fee on the User, through additional DDP Shipment fee.
SHIPGATE is not liable for loss, delay, or damage of delivered goods in by region. When local customs seize, confiscate, or reject the Shipment, SHIPGATE is not liable.
10.6 Service Provided by the Carrier
SHIPGATE is a technology platform which connects shippers and Carriers. In any circumstances, SHIPGATE is not liable for services provided by the Carrier.
SHIPGATE is not liable for loss or damage of the Shipment by the Carrier, and delayed delivery or delivery issues.
SHIPGATE is not liable for erroneous (including but not limited to mistaken and intentional violation) behavior (including but not limited to delay, error, and omission of invoice by Carrier) by other service providers.
In addition, if the user buys a shipping label from a Courier that does not provide any pickup service, the user agrees to be responsible to deliver the Shipment to the designated drop-off point.
SHIPGATE is not responsible for the delivery time information displayed on the website. SHIPGATE is not responsible for delivery delays.
As mentioned, SHIPGATE connects warehouse service providers with potential customers. The user acknowledges and agrees that SHIPGATE does not accept any liability whatsoever (including, but not limited to, negligence or willful breach) of any third-party service provider's conduct, error or omission that you or your affiliates may contract.
SHIPGATE is not responsible for any fees or charges arising from your information being changed (eg, address change, order cancellation or order callback) after you confirmed the shipment and the payment is completed. SHIPGATE is not responsible for the delay in the creation of shipping documents.
You can purchase insurance for your shipment through SHIPGATE. All rules, terms and policies related to the shipping insurance offered through this site are covered by the insurance terms in the pages.
You have the right to terminate your account at any time by sending a cancellation request to email@example.com.
SHIPGATE strives to respond to complaints about the service in advance. Please email firstname.lastname@example.org for unresolved cases and concerns.
14.1 The lawsuits filed between us and the users shall be governed by the laws of the Republic of Korea.
14.2 If a lawsuit is filed against a dispute between a member and a company that occurs during the use of the service, the court having jurisdiction over the headquarters of the Company shall be the court of competent jurisdiction.
14.3 In the case of a user with an address/residence in a foreign country, regardless of the preceding paragraph, the Seoul Central District Court of Korea shall be the court of competent jurisdiction over the dispute between the Company and the user
15.1. Attorney’s fees and expenses
SHIPGATE reserves the right to collect reasonable costs and the expenses and attorney’s fees necessary to enforce your agreement.
15.2 Force Majeure
SHIPGATE shall not be liable for any delay or inability to perform its services due to forces outside of SHIPGATE's control, including without limitation actions by third parties or third party service providers including, but not limited to, acts of God or postage stamp and postage system. When ordering goods, we are not responsible for war, terrorism, legitimate acts of the public, seizure by legal proceedings, strikes, riots, civil movements, or reasons beyond the control of SHIPGATE, or loss or damage to property.