Service

Terms of Service (“Terms”)

Article 1. Purpose

The purpose of these Terms is to state the rights and responsibilities of Celestial Xpress Logistics Co., Ltd (“Company”) and users (“Users”) that use the Company’s delivery service named as “Smile Express Service” (“Service”).

Article 2. Publication, Explanation, and Amendment

1. The Company shall post these Terms and the Company’s name, address (including the address to receive customers’ complaints), phone number, email, CPO (Chief Privacy Officer), and so on, via customer service channels (“Channels”) including KakaoTalk Channel, WhatsApp, website so that Users can access them easily.

2. The Company can amend these Terms.

3. When the Company amends the Terms, the Company publishes it with the effective date via the Channels.

4. If the amendment contains a change unfavourable for Users, the Company puts a grace period before it takes effect.

5. The contracts formed before the amendment takes effect will follow the old Terms while those formed after will follow the new Terms.

6. The things that are not stated in these Terms and interpretation of these Terms follow relevant laws and common practice.

Article 3. Customer Code (“Smile ID”)

1. A User needs to have a Smile ID to use the Service.

2. A Smile ID is issued by the Company alone at its discretion and is not allowed to be transferred to any others.

3. At the Company’s discretion, one or all of some Smile ID’s can be suspended and deleted at any time.

4. Information, benefits and rights that a User can take by having a Smile ID cannot be used for any other purposes than that for using the Service.

5. A User having a Smile ID is obliged to pay for all the fees charged under the Smile ID. Users are responsible for keeping their Smile ID secure.

6. A Smile ID shall only be open to those who are involved in providing the Service.

7. If a User’s Smile ID has not been used for 1 year or more, the Company has a full discretion to make it dormant or manage it as per the Company’s own rule.

Article 4. Provision, Change, and Suspension of Service

The Service details are as follows.

1. We provide a Hong Kong door delivery service for cargos purchased in Korea by a User and to be sent to Hong Kong and for cargos to be sent from Hong Kong to Korea.

2. We handle customs clearance in Hong Kong and in Korea on the User’s behalf.

3. The customer service is provided by a 1:1 communication basically. The service hours are Mon-Sat 09:00-19:00.

4. When there is any change in the Service details, we will publish reasons for, details of, and the effective date of the change via the Channels before the change takes effect.

5. For a loss incurred to a User for his/her ongoing shipment affected by such a change in the Service details can be compensated by the Company. However, if such change is made by the reasons that cannot be controlled by the Company, such as natural disasters, government policies or service changes of airlines, the Company is exempt from any compensation.

6. The Company can temporarily stop providing the Services via a Channel if it is under maintenance, examination or so. In this case, the Company will inform Users of it via another Channel.

7. When the Company cannot provide the Services any longer because of a change in its business nature, a cessation or a withdrawal of its business, a merge, and so on, the Company will notify the Users of it and, if it incurs a loss to a User, the Company will compensate for the loss to the extent of the service paid by the User.

Article 5. Establishment and Refusal of Contract

The delivery contract between the Company and a User is established as follows.

1. The delivery contract between the Company and a User is established when the User let a package arrive at the Company’s warehouse or when the User inform the Company of such arrival of a package. If a delivery contact has been established, the User is deemed to have agreed to use the Service and to have agreed to these Terms, and becomes obliged to pay for costs incurred by using the Service.

2. The establishment of a delivery contract implies the User has assigned whole delivery process including receipts of packages, international transportation, and export/import customs clearance. The User is responsible for sincere responses to the Company’s requests needed for such handling.

The Company may refuse User’s offer for a delivery contract:

1. if the offer has a misrepresentation, an omission or an error;

2. if the offer involves a request for an import, an export or a delivery of an item prohibited by relevant laws or these Terms; or

3. if the Company expects that it will be significantly difficult to fulfill the offered contract considering the Company’s business and technology.

Article 6. Service Restriction and Prohibited Items

The Company may reject or return a package after sending a notification to the User if any of the list below applies. The cost incurred by the return can be settled by the User or can be covered by the Company’s discretionary disposal of the items. The User is responsible for any disadvantages caused by the prohibited items.

1. Items prohibited, restricted or categorized into dangerous goods by IATA(International Air Transport Association), ICAO(International Civil Aviation Organization), relevant governments, other relevant organizations, and so on;

2. Items the import, export or transit of which are prohibited or controlled by customs;

3. Items deemed not to be able to be delivered legally or safely:

- animals, gold, silver, money, drugs, psychotropic substances, weapons, part of body, pornography, precision metal, stone, explosives, flmmable materials, dangerous goods, etc.;

4. In case the Company think it is difficult to provide the Services according to these Terms because of improper information on a local bill, bad packaging, and so on; or

5. In case the User’s address is not clear.

Article 7. Cancellation of Contract

The Company can cancel a delivery contract according to the refusal provisions stated in Article 5 and is not responsible for any disadvantage made by the failure or delay in the delivery caused by such cancellation.

Article 8. Customs Clearance and Cargo Examination

1. The Company, on behalf of a User, carries out documentation on the cargos sent by the User, correction of HS codes, pay for customs duties or taxes incurred by relevant laws and regulations, and so on.

2. The Company carries out customs clearance as per the regulations and procedures of the customs. In this course, if the User’s cooperation such as provision of information is required, the User should be cooperative about it.

3. The Company may open a package and examine the cargo in it to check the actual cargo details are same as those reported at the Company’s discretion.

4. Government organizations can open a package and examine the cargo in it anytime.

5. If a package undergoes cargo examination, the Company will do its best to inform its User of it.

Article 9. Payment for Service Fees

The following payment methods are accepted for the payment for the Service fees:

1. Payment in cash,

2. Payment by transfer, or

3. Other payment methods accepted by the Company (PAYME / FPS).

Article 10. Company’s Obligations

The Company’s obligations are as follows:

1. The Company does not violate relevant laws, these Terms and standards of decency, and do its best to provide the Services continuously and steadily.

2. The Company should have a security system and publish and abide by a privacy policy to protect Users’ personal information (including credit information) so that Users can use the Service safely.

3. The Company will have workforce and systems necessary to properly handle Users’ voices and complaints made during their use of the Service.

4. The Company should handle Users’ voices and complaints made during their use of the Service if they are deemed fair and reasonable.

Article 11. User’s Obligations

A User must abide by these Terms, steps and precautions announced about the Service, and so on, and must not do the following:

1. Misrepresentation,

2. Theft and use of another person’s personal information,

3. Change in the information published by the Company,

4. Transmit or publication of the information (computer programs, etc.) other than that allowed by the Company,

5. Infringement of an intellectual property right of the Company or a third party,

6. Behaviors that damage the reputation or obstruct the business of the Company or a third party,

7. Behaviors that transmit or publish messages, videos or audios containing obscenity or violence, and other information that is against public order and standards of decency,

8. Behaviors that provide Smile Express services to others for profit without the Company’s consent, and

9. Other illegal or unfair behaviors.

Article 12. Waiver

The Company is not responsible for any loss, damage or delivery delay of cargo caused by the reasons that cannot be controlled by the Company as below:

1. In case the User provided wrong information or did not provide information;

2. In case bad packaging of the cargo caused a loss or delivery delay to other cargo;

3. In case a delivery delay was caused by flight cancellation and delay, weather, and so on;

4. Flight crisis, a third party’s crimes such as terrorism, measures taken by public sector organizations or authorities, wartime, danger caused by extreme weather, strikes or sabotages of airlines or carriers, plagues or public health crises, turmoil and lack of labor supply caused by plagues or public health crises, natural disasters (earthquakes, floods, typhoons, etc.), turmoil or breakdowns of telecommunication systems and information systems of airports and airlines;

5. In case the cargo cannot be shipped or received, or its delivery is delayed due to a commission or an omission of customs or other authorities;

6. In case the cargo requires the Company to have a special license to import or export;

7. Prohibited items (refer to Article 6);

8. In case the cargo in the package already had a damage/loss/harm before arriving at the Company’s warehouse; or

9. In case the cargo is discarded after being stored for 1 month because the owner failed to be identified for the reason of no or unclear input of the Smile ID.

Article 13. Independence of Provisions

The invalidity or nonenforcement of a provision does not affect other provisions of these Terms.

Addendum

These Terms take effect from 1 July 2022.

Privacy Policy (“Policy”)

Celestial Xpress Logistics Co., Ltd (“Company”) considers personal information of the customers (“Users”) important and this Policy states the purpose and method of Company's using the personal information provided by the Users and the measures taken by the Company for protection of those personal information.

[Information to be collected and method of collection]

The Company collects the following personal information for member registration, customer service, service provision, and so on.

- Required items: name, contact details, address

In the course of using services, the information as described below may be created and collected:

- Information of devices (equipment/device identifier, operation system, hardware version, equipment set-up and telephone number)

- Log information (Log data, use time, search word input by users, internet protocol address, cookie and web beacon)

- Location information (Information of device location including specific geographical location detected through GPS, Bluetooth or Wi-Fi)

- Other created information

[Use of collected information]

The Company uses the collected information for the following purposes:

(1) Performance of contract, customer service, and service fee settlement regarding provision of services

- Provision of service, receipt and delivery of cargo, informing of fee and settlement

(2) Member management

- Verification, identification, prevention of fraudulent or unauthorized use of service, complaint handling, notification

(3) Marketing and advertisement, and statistics

- Improvement of existing services and development of new services, advertisement placement, informing of promotional events, calculation of statistics on member’s service usage

[Period for retention and use of personal information]

The Company retains the information whose retention is required by relevant laws and regulations for the period defined by them.

[Sharing personal information with a third party]

The Company will not share personal information with a 3rd party except for the following cases:

o When the Company shares the information with its affiliates, partners and service providers:

- When the Company's affiliates, partners and service providers carry out services such as bill payment, execution of orders, products delivery and dispute resolution (including disputes on payment and delivery) for and on behalf of the Company

o When the user gives prior consent for sharing his or her personal information:

- When the user selects to be provided by the information of products and services of certain companies by sharing his or her personal information with those companies

- When the user selects to allow his or her personal information to be shared with the sites or platform of other companies such as social networking sites

- Other cases where the user gives prior consent for sharing his or her personal information

o When the information is required to be disclosed by the laws and regulations, or is required to be disclosed by the investigative agencies as per the procedure and method as prescribed in the laws and regulations

[Modification of Privacy Protection Policy]

The Company has the right to amend or modify this Policy from time to time and, in such case, the Company will notify it via its website (or a written document, a fax, an e-mail or a chatting tool) and will seek User’s consent if required by relevant laws.

[Chief Privacy Officer]

The Company designates a Chief Privacy Officer as below in order to protect personal information of Users and deal with complaints from Users:

o Chief Privacy Officer (CPO)

- Title: Managing Director

- Name: Mark Doh

- Telephone: +852-3902-3101

- E-mail: smile@c-xpress.com

o Users can report all the issues related to Privacy to the CPO using the service.

o The Company will give a prompt and sufficient response to the issues reported by Users.

Last updated on 1 July 2022.