Requested Item means the subject-matter of a shopper’s request and which a traveller has been asked to purchase and deliver to the shopper.
Item Price means the expected cost of a Requested Item, which shall factor into account all taxes, customs, duties, or other charges that are, to the best of his or her knowledge, applicable by law from time to time at the destination country, but excluding any sums paid for the purpose of securing insurance for the Requested Item.
Reward means the sum that the shopper agrees to pay to the traveller as an incentive for the purchase and delivery of a Requested Item.
Travelshop or we means Travelshop Limited, incorporated in Hong Kong.
Unless the context otherwise requires:
a) words importing the singular shall include the plural and vice versa;
b) words importing gender shall include all genders;
c) words importing persons shall include firms and corporations and vice versa;
d) words “hereof,” “herein,” “hereunder” shall refer to these terms and conditions as a whole, and not to any particular section or subsection, and references herein to “sections” are intended to refer to sections in these terms and conditions; and
e) the words and phrases "other", "including" and "in particular" shall not limited the generality of any preceding words or be construed as being limited to the same class as the preceding words where a wider construction is possible
3 Use of our services
a. Travelshop operates a platform that facilitates peer-to-peer delivery services involving shoppers, who submit requests or listings for products, and travellers, who offer their assistance in response to shopper requests or listings. Our services are accessible as an application for mobile devices.
b. In order to use our services, you must be at least eighteen (18) years of age. To become a user, you must create an account profile containing your personal data. The information you provide for this purpose must be correct, up-to-date and complete, and it is your responsibility to inform us of any changes to this information.
c. On becoming a user, you may post requests or listings on our platform, or offer to purchase and deliver products as a traveller. You alone are responsible for the activities that occur on or through your account. To protect your account, you should take all necessary steps to ensure that your password is kept confidential and secure. If you suspect that your password has become known to anyone else, that your password is being or is likely to be used in an unauthorised manner, or if you learn of any unauthorised use of your account, notify us at email@example.com immediately.
4 Transactions and interactions on Travelshop
a. Travelshop is not a party to nor is it involved in any transaction or interaction between users of our services. All contractual relations facilitated by our platform are independently negotiated and formed directly between the shopper and traveller and Travelshop is not responsible for any harm or damage resulting from any interactions between users.
b. Travelshop has no control over the content of any shopper requests or listings and we do not conduct due diligence measures for the purpose of confirming the identity of a user, or verifying the accuracy, completeness, truthfulness or reliability of any statement or content made available on or via our website or mobile application by a user.
c. Travelshop does not guarantee that a traveller will fulfil his or her obligations and complete a transaction by delivering a requested item; nor do we guarantee the quality, safety or legality of items which are requested for by a shopper or delivered by a traveller.
d. By accessing or using our services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against a particular user who caused you harm, and you agree that you will not, in any circumstance, attempt to impose liability on, or seek any legal remedy from Travelshop with respect to such actions or omissions.
e. For the avoidance of doubt, you are solely responsible for all of your communications and interactions with other users of our services, and any other dealings which arise out of or in connection with such communications and interactions.
5 Shopper and traveller terms
The following terms and conditions shall apply in respect of all transactions between a shopper and a traveller.
a. The shopper is solely responsible for ensuring the accuracy and completeness of any content posted in connection with a Requested Item.
b. The shopper sets the Item Price and Reward in a request or listing.
c. The shopper chooses amongst the travellers offers submitted in response to a request or listing. The shopper enters into a legally binding contract with a traveller when he or she accepts a traveller’s offer to assist with a request or listing; only one traveller’s offer can be accepted in respect of each request or listing.
d. The shopper agrees to pay Travelshop a fixed commission equivalent to 7 (seven) per cent of the sum of: (i) the Item Price and (ii) the Reward.
e. On acceptance of a traveller’s offer to assist with a request or listing, the shopper agrees to make a payment by credit card corresponding to the sum of (i) the Item Price, (ii) the Reward and (iii) Travelshop’s commission. Acceptance of a traveller’s offer shall constitute irrevocable authorisation for Travelshop to charge the shopper’s credit card for such amount, to be held in escrow pending a traveller’s purchase and delivery of an item corresponding to the shopper’s request or listing. In relation to the use of all payment processing services provided by Stripe, the shopper warrants and represents the accuracy and completeness of any payment information that is provided to Travelshop by him or her for this purpose.
f. The shopper agrees that any taxes, customs, duties or other charges applicable by law from time to time at the destination country to the Requested Item and not properly accounted for in the sum of (i) the Item price and (ii) the Reward, shall be borne solely by the shopper. On production of documentary proof of such taxes, customs, duties or other charges having been paid by the traveller to the satisfaction of Travelshop, in its sole discretion, the shopper agrees that Travelshop shall be entitled to charge the shopper’s credit card an equivalent amount, and remit the same to the traveller.
g. The shopper acknowledges and agrees that title and ownership to the Requested Item shall pass from the traveller to the shopper on delivery, either by the traveller in-person or by courier service retained by the traveller.
a. The traveller determines whether to submit an offer in response to a request or listing exclusively based on the information made available by the shopper in a request or listing.
b. The traveller is responsible for ensuring that he or she understands the description of a shopper’s request or listing before making an offer.
c. By submitting an offer in response to a shopper’s request or listing, the traveller irrevocably agrees with the shopper to assist with a request or listing and to purchase and deliver the Requested Item, subject to the shopper’s fulfilment of his or her obligation to reimburse the traveller for the Item Price and the Reward. To the extent applicable, the traveller also agrees to pay for any taxes, customs, duties or other charges due by virtue of law at the destination country (which shall be factored into Item Price), subject to the shopper’s fulfilment of his or her obligation to reimburse the traveller.
d. On receipt of confirmation by Travelshop that the Requested Item has been received by the shopper in good condition/of merchantable quality within the meaning of the Sale of Goods Ordinance, Chapter 26 of the Laws of Hong Kong, the traveller will be credited all sums owing to him/her by direct deposit using Stripe. In relation to the use of all payment processing services provided by Stripe, the traveller warrants and represents the accuracy and completeness of any payment information that is provided to Travelshop and Stripe by him or her for this purpose.
e. The traveller acknowledges and agrees that he or she bears sole responsibility to ensure that a Requested Item is not a prohibited, controlled or restricted item under the laws applicable in the country of origin or destination, or any other jurisdiction through which such item will be transported. For the avoidance of doubt, the traveller acknowledges and agrees that he or she bears sole responsibility to ensure that the transportation of an item, by whatever means, will not amount to a contravention of laws applicable in the country of origin or destination, or any other jurisdiction through which such item will be transported.
f. The traveller acknowledges and agrees that title and ownership to the Requested Item shall pass from the traveller to the shopper on delivery, either by the traveller in-person or upon pick-up by the shopper from the courier service (S.F. express) retained by the traveller.
g. The traveller undertakes to use reasonable care to ensure that any Requested Item delivered to the shopper shall be of merchantable quality within the meaning of the Sale of Goods Ordinance, Chapter 26 of the Laws of Hong Kong.
6 Assisted courier service through S.F. Express
In addition to in-person delivery by the traveller, a shopper has the choice to opt to pick-up an item at service locations operated by S.F. Express in Hong Kong, which shall be arranged by the traveller. To the extent applicable, the shopper agrees to pay Travelshop a fixed rate of HKD 20 in respect each transaction made via our service platform. For the avoidance of doubt, the sum of HKD 20 shall be in addition to the sums payable in accordance with clause 5 above.
7 Payment processing by Stripe
By accessing or using our services, you acknowledge that the processing of payments and other sums by Travelshop is executed through Stripe and subject to the Stripe Connecting Account Agreement, and, by extension the Stripe Terms of Service, as updated or amended from time to time.
In fulfilling his or her obligation under clause 5f above, a traveller may wish to obtain insurance in respect of an item being delivered. Unless otherwise agreed with a shopper, any costs arising out of or expenses incurred in connection with such insurance shall be borne solely by the traveller.
9 User conduct
In using or accessing our services, you understand agree that you are solely responsible for ensuring your compliance with all laws that may apply as a result of your use or access of our services. In connection with such use or access, you agree that you will not:
a. use our services if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using or accessing our services;
b. circumvent, contravene or infringe any laws or third-party rights or our systems, policies or determination of the status of your account as a user;
c. use our services otherwise than for the purpose of completing genuine transactions in good faith;
d. abuse our services to copy, store or otherwise access or use any information otherwise than for the purpose of completing a genuine transaction in good faith;
e. impersonate any person or otherwise misrepresent yourself or your affiliation with any person;
f. as a user, harvest or otherwise collect information about other users without their consent;
g. as a shopper, post or submit a request or listing which you do not intend to honour, or fail to make immediate payment for items requested by you upon acceptance of a traveller’s offer to deliver such items to you;
h. as a traveller, post or submit an offer in response to a shopper’s request or listing which you do not intend to honour, or fail to deliver items which you have offered to deliver in response to a shopper’s request or listing;
i. post or upload content or items under inappropriate or inaccurate categories on our website or mobile application;
j. post false, inaccurate, misleading, deceptive, defamatory or libellous or content;
k. contact another user for any purpose other than to ask a question in relation to a shopper’s request or listing, or a traveller’s offer to assist with a request or listing;
l. post, submit or upload any content with a view to soliciting a user of our services to become a user of a service competing with Travelshop or promoting the use of a service competing with Travelshop;
m. take any action that may undermine the credibility of our feedback or ratings systems;
n. post, submit, upload or distribute any content that (i) violates or encourages any conduct that would violate applicable laws or give rise to civil liability; (ii) promotes or incites discrimination, bigotry, racism, hatred, harassment or harm against any person; (iii) is violent or threatening or promotes violence or actions that are threatening to any person; or (iv) promotes illegal or harmful activities or substances;
o. except with the prior consent of Travelshop, commercialise any Travelshop application or information associated with such application;
p. circumvent any technical measures we use to provide our services;
q. post, upload or distribute spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
r. distribute viruses or any other technologies that may harm Travelshop or the interests or property of any of our users;
s. use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access or use our services for any purpose other than to facilitate a transaction between a shopper and a traveller;
t. interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure;
u. infringe the copyright, trademark, patent, trade secrets, moral rights, rights of publicity and/or any other intellectual property rights that belong to Travelshop; and
v. infringe the rights of any person, including without limitation, their copyright, trademark, patent, trade secrets, moral rights, rights of publicity, privacy, contractual rights and/or any other intellectual property rights.
If we consider that you are using or accessing Travelshop in a manner inconsistent with the terms and conditions set out herein or otherwise contrary to the interests or property of Travelshop, we may, in our sole discretion and without limiting our rights to pursue other remedies, (i) suspend or terminate your user account(s) or restrict your use or access of our services; (ii) investigate or prosecute a violation of these terms and conditions; and (iii) edit, remove, disable access to any content (including shopper requests or listings or traveller offers) posted on our website or mobile application at any time and without giving prior notice.
We may cancel or remove any account and/or content (including any shopper requests or listings and traveller offers) that is inactive or outdated for a period of time or modify or discontinue our services altogether. Additionally, we reserve the right to refuse or terminate all or any part of our services to anyone for any reason, at our sole discretion.
10 Safety concerns
Travelshop strongly recommends that all in-person meetings between a shopper and traveller take place in a public where bystanders can see the delivery taking place.
Should you experience safety concerns either as a shopper or traveller, please notify us immediately. We will take reasonable measures to investigate the incident and terminate the account of a user that led to such safety concerns.
You agree to grant us a perpetual, worldwide, fully-paid licence to use and distribute any feedback that you provide about Travelshop and any derivative works of such feedback.
Without prejudice to the provisions contained herein, Travelshop may assist in in the resolution of any disputes between users by offering mediation services upon the request of a shopper or traveller, in which case Travelshop’s decision shall be final and binding. Both a shopper and a traveller in respect of a transaction agree to participate in such dispute resolution process, which will be typically performed via e-mail or phone. To initiate a dispute resolution process, please email us.
13 Third-party rights
These terms and conditions do not and are not intended to confer any rights or remedies upon any person other than users of our services (including under the Contracts (Rights of Third Parties) Ordinance, Chapter 623 of the Laws of Hong Kong.
We take reasonable measures to ensure that our services are safe, secure and functioning properly. However, we cannot guarantee the continuous operation of or a user’s continued ability to use or access our services. Any delays or technical errors are beyond our control.
a. As a user of our services, you acknowledge and agree that (i) you are making use of our services at your own risk and that our services are being provided to you on an “as is” and “as available” basis, without warranty of any kind, either express or implied; and (ii) you will not hold us (including our directors, employees, personnel or agents) responsible for any harm, loss or damage (including, without limitation, loss of money, goodwill, reputation, profits, or other intangible losses, or any special, indirect or consequential damages) resulting directly or indirectly from:
· transactions facilitated by our services;
· your use or inability to use our services;
· delays or disruptions to our services (including any glitches, bugs, errors, or inaccuracies of any kind in our services),
· viruses or other malicious software transmitted through the use or access of our services;
· damage to your hardware device from your use or access of our services;
· the content, actions or inactions of other users (including any shopper requests or listings or traveller offers);
· any action we take with respect to your account;
· your need to modify practices, content or behaviour, or your loss of or inability to do business, as a result of changes to our services or the terms of conditions herein; and
· any information, guidance and/or recommendations provided or communicated by Travelshop.
Without limitation to the foregoing, Travelshop explicitly disclaims any express or implied warranties of merchantability, fitness for a particular use or purpose and non-infringement.
b. If you have a dispute with one or more users of our services, you agree to release us from and waive our liability in respect of any claims, harm, loss or damage of any kind or nature, known or unknown, arising out of or in any way connected with such dispute.
c. You agree to indemnify and hold us (including our directors, employees, personnel or agents) harmless from any claim or demand (including legal fees), made by or any third party due to or arising out of your use of our services in a manner inconsistent with these terms and conditions or your breach of any applicable laws or infringement of any rights of users or third-party rights.
15 Governing law
These terms and conditions shall be governed by and construed in accordance with Hong Kong law. By using or accessing our services, you irrevocably agree that all disputes arising under or in connection with these terms and conditions or with the negotiation, existence, legal validity, enforceability or termination of the legal relationships established by under these terms and conditions, regardless of whether the same shall be regarded as contractual claims or not, shall be exclusively governed by and determined only in accordance with Hong Kong law.
By using or accessing our services, you irrevocably agree that the courts of Hong Kong have exclusive jurisdiction to (a) determine any claim, dispute or difference arising out of or in connection with these terms and conditions or in connection with any question in relation to their negotiation, existence, legal validity, enforceability or termination of the legal relationships established hereunder, whether the alleged liability shall arise under the law of Hong Kong or under the law of some other country and regardless of whether a particular cause of action may successfully be brought in the Hong Kong courts; and (b) grant interim remedies, or other provision or protective relief. Accordingly, you agree to submit to the jurisdiction of the Hong Kong courts.