Updated 19th January 2011
In these Terms, unless otherwise defined, the following terms shall have the meanings ascribed to them below:-
"We" or "Our" or "Us" means comGateway (S) Pte Ltd and/or Gateway Express Inc.
"You" or "User" means any persons or entities accessing the Site and/or using the Services available under the Site.
"Site" means the website and the contents accessible at the URL link www.comGateway.com.
"Services" means the DIY service(if applicable), the BuyForMe service and/or the other services offered by us on the Site.
"DIY service"(if applicable) means the service described in Section 4 of these Terms.
"BuyForMe service" means the service described in Section 3 of these Terms
"Product" or "Shipment" means the goods, merchandise, freight, parcels or goods purchased by User on the on-line websites of merchants.
Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18). You may not use the Site and/or the Services if you do not meet these eligibility criteria.
If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Registering with comGateway is free.
- Use of the Site
You agree to comply with our security verification process.
You may not transfer, sell or disclose your comGateway account or User ID to another party.
You agree to comply at all times with these Terms and all applicable domestic and international laws, statutes, ordinances and regulations.
You represent and warrant that all information provided to us will be accurate and complete.
You acknowledge that you have been provided with the various usage plans detailing the service features, monthly subscription fee and all other fees applicable to the usage plan offered by us. You agree to pay all fees associated with the respective plans once you have chosen the plan of choice.
While we will use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy, timeliness or completeness of any information found on the Site.
We do not warrant that this Site will always be accessible, uninterrupted, timely, error free or free from computer viruses or other invasive or damaging code or that this website will not be affected by any inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
Without limiting other remedies, we may limit User's access to the Site, issue a warning, temporarily suspend, indefinitely suspend or terminate User's registration and refuse to provide the Services to User if:
User breaches these Terms or the documents it incorporates by reference;
We are unable to verify or authenticate any information User provides to us; or
We believe that User's account may have been compromised. We reserve the right to terminate or suspend access to the Site at any time without assigning any reason. We shall not be liable to User or to any other party for any damages, losses, cost or expenses howsoever caused by or arising out of such termination or suspension.
- BuyForMe Service
We provide product ordering BuyForMe services to Users to assist them to purchase merchandise from on-line merchants who may or may not otherwise accept their payments. We are not a retailer or reseller of the merchandise ordered.
Only orders placed on the Site will be entertained and we do not accept any orders placed via telephone, e-mail or the electronic chat service on the Site.
We do not warrant that the items Users have ordered will be available for purchase and delivery. We will automatically cancel any item ordered if it is:-
Out of stock;
Available only at a higher price;
Ordered with ambiguous or insufficient information that is, in our sole opinion necessary to place the order;
Items unsuitable to be transported by our freight agents; or
Items that are classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization e.g. U.S. Export Controls,
If User has selected the option to process incomplete orders, we will without notification, process the rest of the order. Otherwise, the entire order will be cancelled
While we will endeavor to make prompt execution of orders, User agrees that we will not be responsible for any delays. We reserve the right to reject any orders, at our discretion, at any time. We do not accept any requests to amend or cancel orders placed using the BuyForMe Service. All orders once placed are considered final.
We will take all reasonable care to place User's orders correctly. Should there be any discrepancies User must bring them to our attention within three (3) business days of us sending User the merchant confirmation. After that, all errors are deemed to be accepted by User.
Some merchants may insist that we do not forward their merchandise outside of the US. While we will try to maintain a list of such merchants on the Site, this list cannot be exhaustive, and we are not responsible for any change in any merchant's selling restrictions.
Orders that are deemed to be unacceptable Shipments will be dealt in accordance with Section 6.
We do not process any rebates offered by the merchant in any form to Users. All product warranties issues must be taken up directly with the merchant.
We reserve the right to reject any orders, at our discretion, at any time. All orders once placed are considered final.
- DIY Service(if applicable)
Upon successful registration, User shall be allocated a U.S.address which the User may then provide to on-line merchants as a delivery address ("U.S.Delivery Address") when purchasing Products. Such Products are to be subsequently delivered by us to the address designated by the User ("Shipment Address").
You authorize us to accept delivery of Products at the U.S.Delivery Address on your behalf and appoint us as your freight agent to ship the Products to the Shipment Address in accordance with these Terms.
We have the right to open and inspect a Shipment without prior notice to User.
Notwithstanding any provisions herein, we reserve the right at all times to decline or refuse to accept delivery of any purchase or Shipment or consolidation or return of any Products as we deem appropriate in our absolute discretion and without attributing any reason thereto.
We may perform any of the following activities on User's behalf:
Complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations (if applicable); and/ or
Act as User's freight agent for the performance of customs clearance and preparation of shipping documents. Item declaration amount will be based on the merchant invoice of the package. The merchant invoice will be used as supporting documentation.
All Shipment Addresses once confirmed on the Site are final and may not be varied.
User agrees to routing and diversion of the Shipment, including the possibility that the Shipment may be carried via intermediate stopping places.
User acknowledges and agrees that the services do not include customs or taxes (except where clearly stated) and that we are not a customs agent or broker. We are solely responsible for the export and import of its packages and shipments. The user is solely responsible for the payment of any and all customs, duties, tariffs, taxes, or other charges or fees of any nature relating to the shipment.
We may verify You and your credit cards used for payment on our Site at our discretion.
We use various verification methods including but not limited to: Requiring you to confirm a random code sent to your registered mobile phone; and/or Requiring you to confirm a random code charged to your credit card.
We reserve the right to refuse placing orders or withholding shipment of any transactions involving payments made with unverified credit cards.
If verification of orders placed and paid for using unverified cards are not subsequently verified after 35 days from the date of the placement of the order, we will return the order to the merchant. And the return charges, which are determined by the merchant, will be charged to your account.
- Deliveries and Undeliverables
Shipments will be delivered to the Shipment Address, but not necessarily to the named recipient personally. Shipments to addresses with a central receiving area will be delivered to that area.
comGateway does not guarantee delivery of packages which do not comply with the import or export regulations of the country to which they are delivered to.
If the recipient refuses delivery or the Shipment is deemed to be unacceptable, or it has been undervalued, or the recipient cannot be reasonably identified or located, or User or the recipient does not respond or reply to emails requesting for payment of custom duties, freight charges or handlings prior to the uplift or delivery of the Shipment, we shall use reasonable efforts to return the Shipment to the merchant at User's cost, failing which the Shipment may be released, disposed of or sold by us without incurring any liability whatsoever to User or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of sale, if any, to be returned to User.
Notwithstanding anything contained herein, we reserve the right to discard and/ or dispose of the Products delivered to the U.S. Delivery Address in any manner we deem fit without being liable to the User, if we are unable to process delivery of the Shipment sixty (60) days of the Product(s) being received at the U.S. Delivery Address, for any reason.
- Loss, Damage and Delay to Shipment
We will make every reasonable effort to deliver the Shipment according to our regular delivery schedules, which is calculated to be from the next business day immediately after full payment of the shipping charges, but these are not guaranteed and are not binding. We are not liable for any damages or loss caused by delays.
We are not responsible for any Shipment to your U.S. Address. Only proof of delivery from ground couriers DHL, FedEx and UPS will be considered by us. For users of the DIY service, you must contact the merchant directly. For users of the BFM service, we will liaise with the merchant.
- Unacceptable Shipments
User agrees that Products will be deemed unacceptable for Shipment if:
- It is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), any applicable government department or other relevant organization e.g. U.S.Export Controls;
No customs declaration is made when required by applicable customs regulations; or
We decide that we cannot transport an item safely or legally (such items include but are not limited to: animals, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drug).
Products deemed unacceptable for Shipment will be returned to the merchant at User's cost and/or we reserve the right to dispose of the Shipment.
- Claims and Insurance
We will provide Shipment insurance for any loss or physical damage to goods during transit up to the actual or declared cash value of US$10,000.00, whichever is lower.
The cost of insurance will be calculated as a percentage of the total shipment value, the cost of the declared value of the goods, domestic shipping charges (for BuyForMe items only) and international shipping cost (excluding fuel surcharge and duties paid).
Compensation includes declared value of goods, domestic shipping charges (for BuyForMe purchases only), and international shipping costs (excluding fuel surcharge and duties paid).
Shipping insurance is compulsory for all users of our service.
All claims for loss or damage must be made within fourteen (14) days from the date of delivery of the Services, failing which we shall have no liability whatsoever. Such claims must be made in writing, accompanied by the original copy of the consignment note, any supporting documents, relevant invoices or receipts for that item.
No parties are entitled to benefit or gain from claims for lost and damaged items.
- Repack Service
We provide a repack service for packages which we deem suitable for repacking. There is a repacking fee for each package repacked.
For packages selected to be repacked or for shipments which includes packages which are selected for repack, an additional 1-2 business days will be added to the delivery timing of the entire shipment containing the package.
The User accepts that repacking may void the return policy of a merchant.
- Refund, Return and Exchange
We are not responsible for any errors by the merchants in fulfillment of orders or otherwise. User will have to make arrangements with the merchants for any returns, refunds or exchange of items directly in accordance with the merchant's terms and policies.
We do not facilitate any exchanges. We will facilitate the return delivery of item(s) ordered from the merchant while the goods are still at the User's U.S.Delivery Address. Applicable return charges apply.
Return charges will be deducted from the proceeds of any order cancellations for orders placed with the BuyForMe service.
For DIY orders, you must first pay for the return charges before we can return the goods to the merchant.
Where applicable, we will credit User with the refunds only after we have received the refund from the merchant. We do not refund any charges for BuyForMe Services paid or payable by the User in the event User elects to return the goods.
- Charges and Costs
Our charges for providing the Services are shown on the Site under the respective usage plan and are subject to change from time to time at our discretion. Unless otherwise stated, all fees are quoted in U.S. Dollars. Charges are calculated according to the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by comGateway to confirm this calculation. Calculation of chargeable weights for consolidated Shipments will be based on the total of the higher of the physical or volumetric weight of each individual package.
Depending on the usage plan subscribed, if we do not receive payment within the stipulated time frame of the goods being received at the User's U.S.Delivery Address, an additional charge of US$1.00 per day being storage fee will be payable by the User without us being liable in any way for the condition of the goods. We will store the goods for a maximum of (4) weeks only after the respective storage time frame is exceeded, after which, we may dispose of the goods in any way we deem fit without being liable to the User or any person in respect of the Shipment.
You will compensate us for any penalties or fines incurred if any Shipments or goods are found to be prohibited or controlled substances, hazardous or illegal.
If User utilizes our BuyForMe Service, the cost of the item, delivery charges levied by the merchant and a service fee (as stipulated in the respective usage plan), of the invoice value of the item will be charged to the User.
- Indemnity and Limitation of Liability
You agree to indemnify and hold harmless the Interested Parties from and against any claims, damages, expenses and/or losses whatsoever arising from or in connection with your access to the Site and/or use of the Services. "Interested Parties" means comGateway (S) Pte Ltd, Gateway Express Inc. and the respective payment company BuyForMe
Notwithstanding any other provision herein, in no event shall we be liable for any indirect, incidental, special, punitive, exemplary or consequential damages of any kind, nor for any lost profits or revenues, in connection with or arising out of these Terms, the operation, use or access to the Site, or the provision of the Services.
The quality of the items purchased via the Site and the accuracy of the claims are the responsibility of the manufacturer and/ or distributor of the items. We do not warrant, represent or guarantee the quality of the items or that the claims made by the manufacturer and/ or distributor are accurate. To the full extent permissible by applicable law, we disclaim all warranties (whether express or implied) including but not limited to, that the items will meet User's function and/ or requirements or be fit for a particular purpose. We shall not be responsible for any loss or injury or damage incurred as a result thereby.
All notices shall be given by postal mail to comGateway Attn: Legal Dept. comGateway (S) Pte Ltd, 5 Shenton Way, UIC Building #05-01 Singapore 068808 or to the email address provided by User during the registration process (in User's case). Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such cases, notices shall be deemed given 3 days after the date of mailing.
Whilst the Site may be accessed by User in different countries, the laws of the Republic of Singapore, without regard to the conflicts of laws principles thereof, will apply to these Terms. All disputes arising from the use of the Site or the Services shall be resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre ("SIAC") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall comprise one (1) arbitrator to be appointed by the Chairman of the SIAC.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms.
We are not liable for any delays, loss or damage arising out of circumstances beyond our control including but not limited to any act or omission by a person not employed or contracted by us; Acts of God e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" e.g. war, plane crash or embargo; riot or civil commotion; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.