Terms & Conditions
1. Who We Are
These Terms and Conditions (the "Terms") govern your access to and use of the services of KSENZ GLOBAL LIMITED ("KSENZ", "we", "us" or "our"), a company incorporated in the Hong Kong Special Administrative Region with its registered office at Unit 2904-05, 29/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong S.A.R.
By accessing or using the Services (defined below), you agree to be bound by these Terms. If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, do not use the Services.
2. Definitions
- "Services" — the KSENZ logistics orchestration platform and related offerings, including the website at ksenz.com (the "Website"), the KSENZ mobile applications (the "Apps"), the KSENZ application programming interfaces and developer tools (the "API"), and the logistics services orchestrated through the KSENZ partner network, including trans-continental freight forwarding, cross-border parcel collection, parcel returns and related services.
- "Partner" — a carrier, freight forwarder, customs broker, fulfilment provider or other logistics operator participating in the KSENZ network.
- "Customer" — a business or individual that uses the Services to arrange the movement, collection or return of goods.
- "Shipment" — goods accepted for carriage, collection, forwarding or return under a booking made through the Services.
3. The Services
KSENZ operates as a technology and orchestration hub. Depending on the engagement, KSENZ may act as:
- a software provider, making the platform, Apps and API available to Customers and Partners;
- an orchestrator and freight-forwarding intermediary, arranging the performance of logistics operations through Partners; and/or
- a contracting party for specific logistics services, where expressly agreed in a written service agreement or booking confirmation.
Unless expressly agreed otherwise in writing, physical carriage, collection and delivery operations are performed by Partners, and may additionally be subject to the Partner's conditions of carriage and to applicable international transport conventions (see Section 11). Specific commercial engagements may be governed by separate written agreements; in the event of conflict, the separate agreement prevails for that engagement.
4. Eligibility and Accounts
- You must be at least 18 years old and capable of forming a binding contract to use the Services.
- Certain features require an account. You agree to provide accurate, current and complete information, to keep it updated, and to keep your credentials confidential. You are responsible for all activity under your account.
- We may suspend or terminate accounts that breach these Terms, present fraud or security risk, or are required to be suspended by law.
- You may close your account at any time; account and data deletion is described in our Privacy Policy.
5. Bookings, Quotations and Service Conditions
- Quotations are indicative until confirmed and may depend on the accuracy of the information you provide (dimensions, weight, contents, value, origin, destination and service level).
- A booking becomes binding when confirmed by KSENZ through the platform, the Apps, the API or in writing.
- You are responsible for accurate descriptions of goods, complete and truthful customs declarations, adequate packaging, and compliance with the laws of all origin, transit and destination countries.
- Transit times are estimates and not guaranteed unless expressly agreed in writing. Customs inspection, regulatory action, force majeure and other events beyond our reasonable control may affect delivery.
6. Fees, Payments, Refunds and Cancellations
- Fees. Fees for the Services are set out in the applicable quotation, booking confirmation, service agreement or platform pricing at the time of booking. Unless stated otherwise, fees are exclusive of duties, taxes, customs charges and other government-imposed amounts, which are your responsibility.
- Payment. Payments are processed by regulated third-party payment providers (which may include Stripe and Airwallex). By paying, you also agree to the relevant provider's terms. We do not store full payment card details.
- Additional charges. Surcharges may apply where the actual characteristics of a Shipment differ from those declared (for example weight or dimension corrections), or where additional services (storage, re-delivery, return-to-sender) become necessary.
- Cancellations. A booking may be cancelled free of charge at any time before collection or handover of the Shipment, unless otherwise stated in the booking conditions. Once a Shipment has entered the network, cancellation may no longer be possible; where it is, costs already incurred will be deducted.
- Refunds. Where a paid service is cancelled in accordance with these Terms, or has not been performed by KSENZ or its Partners, you may request a refund of the unperformed portion. Approved refunds are issued to the original payment method within 14 business days. Duties, taxes and third-party charges already incurred are non-refundable.
- Disputes. Billing disputes must be raised within 30 days of the relevant charge via the contact form; we will investigate in good faith.
7. Prohibited and Restricted Items
You must not tender for carriage, collection, forwarding or return any goods that are prohibited by applicable law or by the conditions of the Partners involved, including without limitation: illegal goods and narcotics; weapons, ammunition and explosives; live animals; human remains; counterfeit goods; currency and bearer instruments; hazardous or dangerous goods not declared and documented in accordance with applicable regulations (IATA DGR, IMDG, ADR); and goods subject to embargo or sanctions restrictions. We and our Partners may inspect, refuse, hold, return or surrender to authorities any Shipment reasonably suspected to violate this Section, at your cost, and you remain liable for damages resulting from undeclared or misdeclared goods.
8. Acceptable Use of the Platform, Apps and API
You agree not to:
- use the Services in violation of applicable law, including export-control and sanctions law;
- interfere with, disrupt or attempt to gain unauthorised access to the Services or related systems;
- reverse engineer, decompile or copy the Services except as permitted by law;
- use automated means to scrape or extract data from the Services outside documented API functionality;
- misrepresent your identity or shipment information, or use the Services to commit fraud;
- resell or sublicense the Services except under a written agreement with KSENZ.
9. API Terms
- API access is provided under credentials issued by KSENZ and may be subject to rate limits, technical documentation and additional terms.
- You must keep API credentials confidential and not share them with third parties.
- We may modify, deprecate or discontinue API endpoints with reasonable notice where practicable.
- You are responsible for your applications built on the API, including their compliance with law and the privacy of their end users.
10. Mobile Applications
- The Apps are licensed, not sold, to you on a limited, non-exclusive, non-transferable, revocable basis for use on devices you own or control.
- If you download an App from the Apple App Store or Google Play, the applicable store's terms also apply. Apple Inc. and Google LLC are not parties to these Terms, have no obligation to provide support or maintenance for the Apps, and are not responsible for addressing any claims relating to the Apps; to the extent required by the relevant store terms, Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce it.
- You must comply with applicable third-party terms (for example, your wireless data agreement) when using the Apps.
11. Liability and Limitation
- Transport conventions. Carriage of Shipments may be subject to mandatory international conventions and national laws that govern and may limit carrier liability, including the Montreal Convention or Warsaw Convention (air), the CMR Convention (road), and the Hague-Visby Rules (sea). Where such rules apply, liability for loss, damage or delay is determined and limited in accordance with them.
- Where no convention applies, and to the maximum extent permitted by law, the aggregate liability of KSENZ arising out of or in connection with a Shipment is limited to the lower of the proven value of the affected goods or the fees paid to KSENZ for the affected Shipment, unless a higher declared-value coverage has been agreed in writing prior to handover.
- Platform liability. To the maximum extent permitted by law, KSENZ's aggregate liability arising out of the Website, Apps or API in any 12-month period shall not exceed the amounts paid by you to KSENZ for the Services in that period.
- Excluded losses. To the maximum extent permitted by law, KSENZ shall not be liable for indirect or consequential loss, loss of profit, revenue, business or goodwill, or for delay, except where such liability cannot be excluded under applicable law or an applicable convention.
- Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded or limited under applicable law.
- Claims. Claims for visible loss or damage must be noted upon delivery and submitted in writing within 7 days of delivery; claims for concealed damage within 14 days of delivery; and claims for loss within 60 days of the expected delivery date, in each case unless a mandatorily applicable convention provides otherwise.
- Insurance. You are responsible for insuring goods to their full value unless declared-value coverage or cargo insurance is expressly agreed with KSENZ in writing.
12. Indemnity
You agree to indemnify and hold harmless KSENZ, its officers, employees and Partners from and against claims, liabilities, damages, penalties, fines and expenses (including reasonable legal fees) arising out of your breach of these Terms, your violation of applicable law, inaccurate or incomplete shipment or customs information you provide, or goods tendered in violation of Section 7.
13. Intellectual Property
The Services — including the platform, Apps, API, software, design, text, graphics, logos and the KSENZ name and marks — are owned by or licensed to KSENZ GLOBAL LIMITED and are protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, no licence or right is granted to you. You may not use the KSENZ name or marks without our prior written consent.
14. Confidentiality and Data Protection
Each party shall keep confidential the non-public information of the other party obtained in connection with the Services. Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.
15. Suspension and Termination
- You may stop using the Services at any time. Obligations relating to Shipments already in the network, accrued fees, indemnities and Sections 11–14 survive termination.
- We may suspend or terminate access to the Services with immediate effect where you materially breach these Terms, where required by law, or where continued provision would create legal or security risk; otherwise we will provide reasonable notice.
16. Force Majeure
KSENZ shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, labour disputes, cyber-attacks, failures of telecommunications or power, and acts of government or customs authorities. Performance is suspended for the duration of the event, and each party shall use reasonable efforts to mitigate its effects.
17. Changes to These Terms
We may amend these Terms from time to time. The "Last updated" date above indicates the latest revision. Material changes will be announced on the Website or through the Apps with reasonable advance notice. Continued use of the Services after the effective date of a revision constitutes acceptance of the revised Terms. Bookings already confirmed remain governed by the Terms in force at the time of booking.
18. General
- Entire agreement. These Terms, together with the Privacy Policy and any written service agreement or booking confirmation, constitute the entire agreement between you and KSENZ regarding the Services.
- Severability. If any provision is held invalid or unenforceable, the remainder of the Terms remains in effect.
- No waiver. Failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a corporate transaction.
- Language. These Terms are drawn up in English; translations are for convenience only.
19. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or the Services (including non-contractual disputes), are governed by the laws of the Hong Kong Special Administrative Region, without prejudice to any mandatorily applicable international transport convention. The courts of Hong Kong S.A.R. shall have exclusive jurisdiction, except that nothing prevents either party from seeking injunctive relief in any competent court, and nothing deprives you of mandatory consumer protections available under the laws of your country of residence where those laws apply.
20. Contact
Questions about these Terms may be addressed to KSENZ GLOBAL LIMITED:
- via the contact form at ksenz.com; or
- by post: KSENZ GLOBAL LIMITED, Unit 2904-05, 29/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong S.A.R.