Policy
TERMS AND CONDITIONS OF MSPEEDY EXPRESS
Updated: March 14, 2024
Welcome to Mspeedy Express! We are an intermediary platform connecting transportation providers (Flash Express, J&T Express) with the Pancake POS sales management software, assisting you in managing orders, transportation, and payments efficiently. The following terms and conditions (“Terms”) govern the relationship between you (“Customer”, “User”) and Mspeedy Express (“We”, “Company”). By using our services, you agree to comply with the entirety of these Terms.
1. INTRODUCTION AND ROLE OF MSPEEDY EXPRESS
1.1. Role: Mspeedy Express is not a direct transportation provider but a technology platform facilitating connections between:
- Transportation Partners: Flash Express and J&T Express (collectively referred to as “Transportation Partners”).
- Pancake POS Software: An online sales management system.
1.2. Services Provided:
- Integration of orders from Pancake POS into the transportation systems of Flash Express or J&T Express.
- Real-time order tracking.
- Management of payments and Cash on Delivery (COD) services through Transportation Partners.
1.3. Scope: These Terms apply to all users who register an account with Mspeedy Express through the Pancake POS software.
2. DEFINITIONS
- “User”: An individual or business using Mspeedy Express services to manage orders and transportation.
- “Flash by Mspeedy”: A transportation service utilizing Flash Express through the Mspeedy Express platform.
- “JNT by Mspeedy”: A transportation service utilizing J&T Express through the Mspeedy Express platform.
- “Pancake POS”: The online sales management software integrated with Mspeedy Express.
- “Order”: A transportation request created via Pancake POS and transmitted to Mspeedy Express.
- “Waybill”: A tracking number or document issued by Mspeedy Express or Transportation Partners for order tracking.
3. GENERAL TERMS OF MSPEEDY EXPRESS
3.1. Acceptance of Terms:
- Registering an account or using our services signifies your acceptance of these Terms and any applicable terms from Transportation Partners.
3.2. Rights and Obligations of Mspeedy Express:
- Rights:
+ Refuse service if we suspect a User violates these Terms or applicable laws.
+ Adjust account information if discrepancies or illegal activities are detected.
- Obligations:
+ Ensure accurate integration of orders from Pancake POS to Transportation Partners.
+ Provide order tracking tools and 24/7 technical support via email (support@mspeedyexpress.com).
3.3. User Responsibilities:
- Provide accurate order information (name, address, phone number of Sender and Recipient) through Pancake POS.
- Ensure goods comply with the regulations of Mspeedy Express and Transportation Partners.
- Fully pay service fees to Mspeedy Express and Transportation Partners (if applicable).
3.4. Mspeedy Express Service Fees:
- Payments can be made via bank transfer, e-wallet, or deducted directly from the Mspeedy Express account.
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4.1. Description: Flash by Mspeedy is a transportation service utilizing Flash Express as the Transportation Partner, integrated through the Mspeedy Express platform.
4.2. Applicable Terms:
- In addition to the general Terms of Mspeedy Express, users of Flash by Mspeedy must comply with the Flash Express Terms of Service (https://www.flashexpress.ph/pact/general-terms), including but not limited to:
- Quote from Flash Express: “Flash Express reserves the right to open and inspect any package to ensure compliance with transportation standards. Customers are responsible for securely packaging goods; Flash Express is not liable for damage due to improper packaging.”
- Quote from Flash Express:
Nature of the Loss or Damage
Maximum Liability
Lost/Totally Damaged Goods with Declared Value
Limited to the declared value of the Goods and Service Fee paid
Lost/Totally Damaged Goods without Declared Value
The maximum compensation does not exceed the value of the goods or 3000 pesos, whichever is less
Partially Damaged Goods
Limited to the declared value of the Goods (and proportioned in accordance with the degree of the damage in the Goods)
- Quote from Flash Express: “Undelivered goods will be stored for up to 15 days; thereafter, Flash Express may liquidate or dispose of them without compensation.”
4.3. Role of Mspeedy Express: Transmit orders from Pancake POS to Flash Express, provide waybill numbers, and track delivery status.
4.4. Service Fees: In addition to Mspeedy Express fees, Users will incur Flash Express transportation fees (based on weight/size, publicly available on the system) and taxes.
5.1. Description: JNT by Mspeedy is a transportation service utilizing J&T Express as the Transportation Partner, integrated through the Mspeedy Express platform.
5.2. Applicable Terms:
- In addition to the general Terms of Mspeedy Express, users of JNT by Mspeedy must comply with the J&T Express Terms of Service (https://www.jtexpress.ph/information?flag=3), including but not limited to:
- Quote from J&T Express: “Customers commit not to ship prohibited items (weapons, drugs, counterfeit goods). If violated, J&T Express may report to authorities and will not refund shipping fees.”
- Quote from J&T Express: “In case of loss or damage, Maximum cost for claims for documents is at Php500.00 and a maximum amount of Php30,000.00 for non-document parcels.” (depends on declared value)
- Quote from J&T Express: “Undelivered goods will be stored for 30 days; thereafter, J&T Express may dispose of them without further notice.”
5.3. Role of Mspeedy Express: Transmit orders from Pancake POS to J&T Express, provide waybill numbers, and manage COD services.
5.4. Service Fees: In addition to Mspeedy Express fees, Users will incur J&T Express transportation fees (including COD fees if applicable) and taxes.
6. INTEGRATION WITH PANCAKE POS
6.1. Functionality:
- Mspeedy Express integrates orders from Pancake POS, allowing Users to create, manage, and track shipments directly within the Pancake system.
- Order data (status, waybill, COD) is synchronized between Pancake POS and Mspeedy Express.
6.2. Responsibilities:
- Mspeedy Express is not liable for system errors originating from Pancake POS (e.g., incorrect order details due to input errors).
- Users must ensure their Pancake POS account is correctly linked to Mspeedy Express.
7. COMPENSATION POLICY AND LIMITATION OF LIABILITY
7.1. Mspeedy Express Liability:
- Limited to transmitting order information from Pancake POS to Transportation Partners.
- Not responsible for loss, damage, or delays caused by Flash Express, J&T Express, or Pancake POS.
7.2. Compensation:
- If the error is caused by Mspeedy Express (e.g., incorrect order transmission), the maximum compensation is 100,000 VND per order.
- Compensation claims related to transportation will follow the policies of Flash Express or J&T Express (see sections 4.2 and 5.2).
7.3. Claim Deadline: Within 7 days from the issue occurrence, submitted via email with supporting evidence.
8. PRIVACY POLICY
8.1. Data Collection: We collect information from Pancake POS (name, address, phone number, order details) to process transportation.
8.2. Usage: Data may be shared with Transportation Partners to perform services but will not be sold to third parties beyond this purpose.
8.3. Protection: Information is encrypted and complies with current data protection laws.
8.4. User Rights: You may request access, correction, or deletion of personal data by contacting support@mspeedyexpress.com.
9. TERMINATION OF SERVICE
9.1. By Mspeedy Express:
We may terminate service if you:
- Violate these Terms or the terms of Transportation Partners.
- Use the service for illegal purposes.
9.2. By User: You may cancel your account via the App or email, but must settle all outstanding fees.
9.3. Consequences: Ongoing orders will be handed over to Transportation Partners for completion, with no refunds for paid fees.
10. FORCE MAJEURE
10.1. Mspeedy Express is not liable for delays or service failures due to natural disasters, wars, technical issues from Pancake POS/Transportation Partners, or other circumstances beyond our control.
10.2. We will notify you and work to minimize the impact.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. These Terms are governed by the laws of Vietnam (or the country where Mspeedy Express is headquartered).
11.2. Disputes will be resolved through negotiation within 30 days; if unresolved, they will be brought to a competent court in [city/headquarters location].
12. CONTACT INFORMATION
- Email: support@mspeedyexpress.com
- Hotline: 1800-XXXX-XXXX (24/7)
- Address: [Company headquarters address]
EXPLANATION
1. Mspeedy Express: Positioned as a technology intermediary, with independent terms focusing on integration, platform fees, and limited liability, distinct from Flash Express and J&T Express.
2. Flash by Mspeedy: Incorporates direct quotes from Flash Express’s terms, emphasizing inspection rights, compensation caps, and disposal policies.
3. JNT by Mspeedy: Incorporates direct quotes from J&T Express’s terms, focusing on prohibited items, claim deadlines, and storage policies.
4. Pancake POS: Highlighted as part of the ecosystem, with clear delineation of responsibilities.
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