1.REGISTRATION FOR API ACCOUNT
1.1Upon registration as an Account Holder of the API, you become a registered user of the API and hold an Account ("Account"). You represent, undertake and warrant to HKP that:-
(a)the Personal Information you have submitted to HKP is true, accurate and up-to-date ;
(b)you have submitted your own Personal Information and not that of any other Person to HKP;
(c)you shall notify HKP of any change in your Personal Information by updating your Account or in writing;
(d)you shall take full responsibility for your Account and any actions taken through your Account.
1.2Suspension and Termination of Account
HKP may, at its absolute discretion, suspend or terminate your Account and deny your access to or use of the API or any part thereof without prior notice in any of the following circumstances:
(a)any of your Personal Information is untrue, inaccurate, incomplete or out of date (or HKP has reasonable grounds to suspect that this is the case); and/or
(b)HKP has reason to believe that you have used the API illegally, improperly or not in accordance with this Agreement.
2.YOUR RESPONSIBILITIES FOR SECURITY
2.1To ensure that only you are able to access and give instructions to HKP relating to your Account, you will adopt, and at all times maintain, the security procedures prescribed by HKP from time to time including without limitation those set out in Clause 2.3.
2.2To enable you to use the API, you can create a Login Name and Password for your Account. You shall be fully responsible for the confidentiality and security of such information, and for all actions taken through your Account. You hereby agree to (a) promptly notify HKP of any unauthorised use of your Login Name and Password in accordance with Clause 9; and (b) properly log out from your Account when you have finished using the Services or when you do not use the Services.
Please refer to Clause 9 of these Terms and Conditions.
2.3Password Security Procedures
2.3.1You will change your Password regularly and whenever HKP requires you to do so. You shall not choose a Password you have used before;
2.3.2When choosing your Password, you shall not use easily guessed numbers or words to avoid unauthorised use of your Account;
2.3.3You shall take all steps to safeguard your Password at all times. You shall not disclose your Password to any other Person or permit any other Person to gain access to the Services. You shall not disclose your Password to anyone who claims to represent HKP or holds out as the authorised representative of HKP in any circumstances;
2.3.4You shall not record your Password in a way which is recognizable by someone else as a security code;
2.3.5If you discover or suspect any unauthorized disclosure or use of your Password, you shall immediately give formal notice in writing to HKP in accordance with Clause 9.
2.4Other Security Safeguard
2.4.1You shall not leave your Computer System unattended while using your Account. You shall promptly log out from your Account once you have finished using the Services or when you do not use the Services.
2.4.2You shall not access your Account from any device connected to a local area network (or LAN), such as an office environment, without first making sure that no one else is able to observe or obtain access to your Account pretending to be you.
2.4.3You shall not use or attempt to use your Account for any purposes other than those which are permitted by HKP
2.4.4You shall not, nor shall you attempt to, tamper with, modify, decompile, disassemble, reverse engineer, damage, alter or gain unauthorized access to any part of the Services or the API or any software comprised in it. You shall notify HKP as soon as practicable if you become aware of any such actions.
3.AUTHORITY TO CARRY OUT INSTRUCTIONS
3.1You agree that the use of your Password is adequate identification of you. HKP is entitled to act on instructions given through your Account without obtaining further confirmation from you. HKP shall not be liable to any loss or damage in connection with acting on the instructions given through your Account including the case where the instructions are not given or authorised by you.
3.2You will not be held responsible for any instructions given through your account that are not authorised by you if such instructions are given after you have given HKP formal notice in writing of your discovery or suspicion of unauthorized disclosure or use of your Password in accordance with Clause 2.3.5.
4.THE API AND YOUR SYSTEM
4.1You shall at your own costs and expenses ensure that Your Computer System is compatible with the API. 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 Computer System and the API.
4.2You shall, at your own cost and expenses, take all necessary measures to ensure that Your Computer System is functioning well and is free from any Virus. You understand and agree that any use of the API and downloading and/or obtaining of any content and/or software from the API is entirely your own decision and at your own risk. HKP shall not be responsible for any problem caused by the error, failure or malfunction of Your Computer System or any other computer system resulting from the use of the API. Also, HKP shall not be responsible in any way for any damage to Your Computer System or any other computer system or any loss of data caused by downloading and/or use of such content and/or software (including but not limited to loss or damage caused by Viruses or malfunctioning of software).
4.3You represent that you are the holder or authorised user of Your Computer System every time you access or use the API.
4.4You agree to use the API (whether or not it contains materials owned by HKP or provided by others) legally and will not infringe on the Intellectual Property Rights of the Government or other copyright owners in Hong Kong or any other jurisdictions where you access or use the API.
5.THE API AND THE SERVICES
5.1The API and the Materials on the API are provided on "as-is" and "with all faults" bases. HKP makes no statements, representations or warranties (whether express or implied) of any kind (including but not limited to the accuracy, completeness, timeliness, merchantability, security, non-infringement of the Intellectual Property Rights of any Person and fitness for a particular purpose) in relation to the API, the Services, the Materials in the API;and the information available through the API.
5.2You 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 implied) as to the results or as to the accuracy or reliability of information obtained through the API or the Services or as to any defects in the Service Software will be corrected.
5.3HKP shall 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 or misuse of or inability to use the API.
5.4HKP shall not be liable for any loss and damage that you may suffer if the API is in error, malfunctioning, inoperative, delayed or unavailable due to (but not limited to) any connection failure or 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 reasonable control of HKP.
6.OPERATING TIMES, CHANGES AND DISRUPTIONS
6.1The API will usually be 24-hours available for use or at such times as notified to you. You accept, however, that routine maintenance requirements, excess demand on the systems and some other circumstances may render the Services unavailable and HKP may suspend the API at any time.
6.2In connection with the API, HKP may at its absolute discretion at any time without prior notice to you to:-
6.2.1change the Content or mode of the API; or
6.2.2add to, remove or otherwise change, end or suspend any of the Services, functions or facilities available on the API ; or
6.2.3terminate the API.
7.TRANSMISSION AND PROCESSING OF INSTRUCTIONS
7.1You acknowledge that the processing and transmission of your instructions may involve:
(a)the transmission of data over various communication networks; and
(b)changes to such data in order to conform or adapt to the technical requirements of connecting networks or devices.
7.2HKP shall, in no circumstances, be liable for your inability to obtain (in whole or in part) any Services, due to the delay, suspension or failure of any communication networks or any connecting networks or devices or any changes in respect of them.
8.EC-SHIP POSTING METHOD AND PAYMENT
8.1Sender has to declare the weight of a postal item through his Account. The amount of postage is calculated by the API based on the weight declared by Sender ("Estimated Postage").
8.2Sender may pay for the Estimated Postage online using a credit card. Alternatively, he may make a payment by cash, or EPS or Octopus (Only available in counters installed with Octopus facility) at a designated post office, where his mail item will be weighed by HKP's counter staff to ascertain the actual postage payable.
8.3The information such as the declared weight of the postal item shown on the shipping label will be verified by HKP's counter staff when the postal item is brought to the post office for posting. The sender shall arrange for weighing of the postal item by HKP's counter staff. The weight of the postal item shown on the electronic scale of HKP shall prevail.
8.4The actual postage payable hinges on the weight of a postal item shown on the electronic scale of HKP. The following arrangements shall apply if Sender pays for the Estimated Postage online using a credit card:
8.4.1In case the weight of the postal item shown on the electronic scale of HKP is the same as the weight shown on the shipping label, the actual postage payable will be the same as the Estimated Postage. Sender does not have to make any top-up payment at the counter in the post office.
8.4.2In case the weight of the postal item shown on the electronic scale of HKP is heavier than the weight shown on the shipping label, Sender has to make a top-up payment for the shortfall in the postage at the counter in the post office by cash, or EPS or Octopus (Only available in counters installed with Octopus facility). Mixed payment of cash, or EPS or Octopus (Only available in counters installed with Octopus facility) will also be accepted at the counter.
8.4.3In case the weight of the postal item shown on the electronic scale of HKP is lighter than the weight shown on the shipping label, the actual postage payable should be less than the Estimated Postage paid. The overpaid postage will not be refunded to Sender at the counter. Sender has to apply for refund of the overpaid postage on the API after posting. The overpaid postage will be refunded to Sender's credit card account from which the Estimated Postage was paid. The refund process may take about 2 to 4 months after the date of application.
8.5A maximum of 20 shipping labels can be prepared for the same country/region at one time. Any incomplete shipping label will be deleted after 30 days (from the first date the label is created and saved).
8.6Shipping labels paid online are valid for posting within 30 days from the payment date. Please ensure that a valid shipping label is used for posting. In case a shipping label expires, it can no longer be used.
8.7HKP shall not be liable to you for or in respect of any loss or damage (including indirect and consequential loss and damage) suffered by you by reason of or in connection with any:
(a)failure, delay, interruption, suspension or restriction of the transmission of any information or message from any system or process used, maintained or provided by any relevant banks or payment gateways for processing credit, debit, smart card or other method of payment;
(b)error in or omission from any information or message transmitted by means of the said system or process;
(c)breakdown, malfunction or failure of the said system or process; and
(d)anything arising out of or in connection with the above.
8.8Should there be any postage discrepancy caused by errors in API, Hongkong Post reserves the right to claim for the postage difference.
9.NOTICES
9.1Unless expressly provided otherwise, each notice, demand or other communication given or made by you to HKP under these Terms and Conditions shall be in writing by e-mail to hkpo@hkpo.gov.hk, or by facsimile to 2868 0094 or delivered by hand or courier, or dispatched by prepaid registered post or prepaid post, to Hongkong Post Headquarters, 2 Connaught Place, Central, Hong Kong or such other address as HKP has by at least five (5) days' prior written notice specified to you. Such notices, demands or other communications shall be deemed to have been properly given or made by you as follows:-
(a)if sent by facsimile or e-mail, when dispatched;
(b)if delivered by hand or courier, upon delivery to the said address of HKP;
(c)if sent by post, two (2) business days (for local post) and five (5) business days (for overseas post) after the date of posting.
9.2Unless expressly provided otherwise, each notice, demand or other communication given or made by HKP to you under these Terms and Conditions shall be in writing and delivered by hand or courier, or dispatched by prepaid registered post or prepaid post, or sent by facsimile or email, to your correspondence address, facsimile number or email address (as the case may be) as you have submitted to HKP or such other correspondence address, facsimile number or email address as you have by at least five (5) days' prior written notice specified to HKP. Such notices, demands or other communications shall be deemed to have been properly given or made by HKP as follows:-
(a)if sent by facsimile or electronic mail, when dispatched.
(b)if delivered by hand or courier, upon delivery to your correspondence address;
(c)if sent by post, two (2) business days (for local post) and five (5) business days (for overseas post) after the date of posting;
10.COMPLIANCE WITH LAWS
10.1You agree to comply with all laws, statutes and regulations whether of Hong Kong or elsewhere as applicable to any use of the Services or the API and/or any transactions conducted through the API.
11.MODIFICATION
11.1HKP is entitled to amend the terms of this Agreement at its absolute discretion at any time and from time to time. The amended Agreement will be effective immediately upon its posting on the API. If you continue to use the API after the amendment, you agree or will be deemed to agree to be bound by the terms of the amended Agreement. In this regard, you are strongly advised to read this Agreement carefully each time before you use the API.
12.LIMITATION OF LIABILITY
12.1Use of the Services and anything on the API is at your own risk. HKP will not in any event be liable for any direct, indirect, consequential, incidental or other loss or damage (including without limitation, any loss of profit, business or data, and any damage to computer systems or facilities) in relation to the use or misuse of or inability to use the API.
13.PERSONAL DATA
13.1You agree that any of your Personal Data collected by HKP through your use of the API 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.
14.INDEMNITY
14.1You 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 breach of any representation or warranty given by you; or
(d)any infringement by you, your agent or contractor of the Intellectual Property Rights of HKP.
14.2This Clause 14 shall survive the termination of the Services and shall continue in full force and effect notwithstanding such termination.
15.INTELLECTUAL PROPERTY RIGHTS
15.1Copyright Statement
15.1.1You acknowledge and agree that the copyright in the Content is and shall remain at all times the property of HKP.
15.2Restriction of use of HKP's trademarks and service marks
15.2.1You acknowledge that HKP's names and logos including "Hongkong Post" , "EC-Ship" and "My Speedpost" are registered trade or service marks of the Government and you agree not to use such names and logos in any circumstances. "hongkongpost.hk", "https://ec-ship.hongkongpost.hk" and "https://myspeedpost.hongkongpost.hk" and certain graphics, logos, page headers, button icons, scripts, and service names shown in or used on the API are trade or service marks of the Government and you agree not to use the same for any purpose unless the prior written consent of the Government/HKP has been obtained.
15.3Right to Download and Copy the Content
15.3.1You may download and copy the Content only for the purpose of making enquiries about the Account, updating personal particulars relating to the Account or utilising API where appropriate. No part of the Content on the API may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without HKP's prior written consent.
15.4Reservation of Rights
15.4.1The Government and HKP reserve any and all rights not expressly granted in these Terms and Conditions in respect of the Content of the API.
15.5Infringement
15.5.1Unauthorized copying, distribution, modification and public display of copyrighted works is an infringement of the copyright holders' rights. As a condition of your access to the API, you agree that you will not access or use or permit the API to be accessed or used for infringing the intellectual property rights of others. Without prejudice to other accrued rights, HKP reserves the right to terminate the registration of any Account Holder upon notice of any infringement of the copyright or other intellectual property rights of others in connection with the access or use of the API. HKP will investigate any information it receives in relation to copyright infringement committed by any Account Holder or user of the API.
16.ENTIRE AGREEMENT
16.1This Agreement constitutes the whole agreement between HKP and you and supersedes any previous agreements, arrangements or understandings between the parties relating to the subject matter hereof. Each of the parties hereto acknowledges and agrees that it has not relied on any statements, undertakings, warranties, representations given or made save for those expressly set out in this Agreement.
17.WAIVER AND SEVERABILITY
17.1No failure to exercise or delay in exercising of any right or remedy by HKP in respect of any provisions of this Agreement shall operate as a waiver of such right or remedy.
17.2If any provisions 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.
18.GOVERNING LAW AND JURISDICTION
18.1This 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 have exclusive jurisdiction to determine any issue in connection with this Agreement.
19.GOVERNING VERSION
19.1In case of any conflict or inconsistency arising between the English version and the Chinese version of this Agreement, the English version shall prevail.
20.DEFINITIONS
20.1Unless the context requires otherwise, the following terms in this Agreement shall have the following meanings respectively.
20.1.1"Account" means the online account opened and maintained by HKP in your name for using the Services in accordance with this Agreement.
20.1.2"Account Holder" means any person who holds an Account upon registration as a user of the Services.
20.1.3"Agreement" means this Agreement which includes these Terms and Conditions, the Privacy Policy Statement and the Disclaimer and as amended, varied or supplemented from time to time.
20.1.4"Day" means calendar day.
20.1.5"HKP"/ "We"/ "us" means Hongkong Post, the trading name of the Hong Kong Post Office, which is a department of the Government of Hong Kong.
20.1.6"Claim" means all claims, liability, damages, losses, costs and expenses, including legal fees.
20.1.7"Content" means the content on the API or a Linked Third Party Website, as the case may be, including the information, text, icons, logos, illustrations, hypertext links, HTML codes, data, trade or service marks, software, music, sound, video clips, audio clips, photographs, designs, graphics, images, still pictures, series of moving pictures (whether animated or not), digital downloads, advertisements, products, goods, services or any compilation or combination of them and any other materials or services on or available from that website.
20.1.8"EC-Ship Posting" means posting of a postal item whose postal fees are paid through an Account at the API.
20.1.9"Estimated Postage" means the amount of postage for a postal item intended to be posted by a sender calculated based on the weight declared by the sender at the API.
20.1.10"Hong Kong" means the Hong Kong Special Administrative Region of the People's Republic of China.
20.1.11"Intellectual Property Rights" means patents, trademarks, 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 created in future and in each case whether registered or unregistered and including applications for the grant of such rights.
20.1.12"Linked Third Party Website" means any website linked to or accessible by means of the API.
20.1.13"Login Name" means your personal identification for access to or use of the API.
20.1.14"Password" means your personal password for gaining access to the API.
20.1.15"Person" includes an individual, a firm, a corporation, an organisation and an unincorporated body.
20.1.16"Personal Data" has the meaning ascribed to it under the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong).
20.1.17"Personal Information" means the personal information that a person is required to submit to HKP for or upon registration as a user of the Services, and where appropriate, means such personal information as updated by the Account Holder at the API or otherwise notified to HKP.
20.1.18"Public Holiday" means every Sunday and any other day which is a general holiday by virtue of the General Holidays Ordinance (Cap. 149 of the Laws of Hong Kong).
20.1.19"Services" means the services provided by HKP by means of the API.
20.1.20"Service Software" means any software supplied to you whenever you access the API and any other software supplied to you for the purpose of accessing the API from time to time.
20.1.21"Related Person" means all and any officers, representatives, employees, agents, sub-contractors and suppliers of HKP.
20.1.22"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.
20.1.23"API" means the EC-Ship / My Speedpost website operated and administered by HKP at the URL https://ec-ship.hongkongpost.hk and https://myspeedpost.hongkongpost.hk as may be modified, replaced or substituted from time to time by HKP.
20.1.24"Working Day" means any day other than Saturday or a public holiday.
20.1.25"Your Computer System" means all hardware and software system used by you in gaining access to the API including without limitation, any computer, modem and any program installed therein.
20.2In this Agreement, unless the context otherwise requires:-
(a)words importing the singular shall include the plural and vice versa;
(b)words importing a gender shall include every gender; and
(c)words importing the whole shall include a reference to any part of the whole.
20.3Any 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.
20.4References in this Agreement to clauses and schedules (if any) are to clauses and schedules (if any) to this Agreement except otherwise expressly stated.
20.5Headings 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.
DISCLAIMER
This Disclaimer forms part of this Agreement.
The API is provided by HKP on an "as is"and "as available"basis. HKP does not warrant that the operation of the API will be uninterrupted or error free. HKP disclaims to the fullest extent permissible by law, all warranties, express or implied, in relation to or in connection with the API, any Services, requests and transactions conducted via the API. We do not warrant that the API is suitable for any particular purpose or that it meets any particular requirements.
The Content of the API may be inaccurate or have typographical errors. Users agree that the use of the API is at their own risk.
HKP does not warrant that the API or the server from which it is made available, or e-mails sent from HKP to Account Holders are free of Viruses or other harmful components. Neither HKP nor any Related Person will be liable for loss or damage arising out of or in connection with the use of the API or its Contents.
By visiting the API, you agree to accept unconditionally the terms of this Disclaimer which may be revised from time to time by HKP without prior notice to you.
LINKED THIRD PARTY WEBSITE
From time to time the API may contain hyperlinks to allow users to access third party websites. HKP does not review, endorse or recommend, and are not responsible for such websites. Such links are provided only for users' convenience. HKP shall not be liable for the contents of such websites nor for any loss or damage, direct or indirect or consequential arising out of or in connection with the use, inability to use or reliance on such websites.
CONTENT IN THE API
Content on the API is for reference only. Whilst HKP will make reasonable endeavours to ensure the accuracy of the Content, HKP gives no express or implied warranty as to its accuracy, completeness or suitability for any purpose thereof. All liability of HKP howsoever arising for any inaccuracies, incompleteness or unsuitability in the Content is expressly excluded to the fullest extent permitted by law. HKP shall not be liable for any error, omission, misstatement or misrepresentation, express or implied, concerning the Content or any loss or damage, direct or indirect or consequential arising from or in connection with the use, inability to use or reliance on the Content. HKP is entitled to delete, suspend or edit any Content on the API at any time at its absolute discretion without giving any reason.
Users are responsible for making their own assessment of website materials and contents. Users are advised to verify such information and obtain independent advice before relying on it if they consider it necessary.
EXCLUSION OF CERTAIN CATEGORIES OF LOSS
Neither HKP nor any Related Person will be liable for any Claims including but not limited to the following categories of loss:
(a)any economic loss (including loss of business opportunity, goodwill, contracts, revenue, profit or anticipated savings);
(b)loss of goodwill or injury to reputation;
(c)indirect, special or consequential loss or damage; or
(d)loss of data.
regardless of the form of action, whether in contract, strict liability or tort (including negligence), and regardless of whether HKP or the Related Person knew or had reason to know of the possibility of the loss, injury or damage in question.
GOVERNING VERSION
In case of any conflict or inconsistency between the English version and the Chinese version of this Disclaimer, the English version shall prevail.