Sell Globally with us

Terms of use


Updated 27 th September 2013

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.globalcheckout.com.
"Services" means all the services offered by us on the Site.
"Global Checkout service" means the service described in Section 3 of these Terms
" Shipping to our U.S. facility " means the service described in Section 4 of these Terms.
"Product" or "Shipment" means the goods, merchandise, delivery parcels or goods purchased by User on the on-line websites of merchants.
"Terms" means the terms of use set out herein.


Other Terms of Use
    1.Registration 

    1. You must read, agree with and accept all of the Terms and the Privacy Policy (contained in and available on the Site) which include those terms of use expressly set out below and those incorporated by reference, before you may register to become a User.
    2. We strongly recommend that, as you read these Terms, you also access and read the information contained in the other pages and websites referred to herein, as they may contain further terms of use that apply to you as a User. Please note: underlined words and phrases are links to these pages and websites.
    3. 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 and you represent that you meet these criteria when you register with Global Checkout.
    4. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
    5. Registering with Global Checkout is free.

    2.Use of the Site 

    1. You agree to comply with our security verification process.
    2. You may not transfer, sell or disclose your Global Checkout account or User ID to another party.
    3. You agree to comply at all times with these Terms and all applicable domestic and international laws, statutes, ordinances and regulations.
    4. You represent and warrant that all information provided to us are and will be accurate and complete.
    5. When you use Global Checkout as a registered user or guest, or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically.
    6. 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.
    7. 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.
    8. 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.

    3. Global Checkout Service

    1. We provide international checkout services on our Global Checkout platform to assist Users 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.
    2. The User agrees to appoint Global Checkout as his/her agent to make payment and deliver merchandise to the User’s specified shipping address.
    3. 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.
    4. 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;
      • Back-ordered;
      • Available only at a higher price;
      • Ordered with ambiguous or insufficient information that is, in our sole opinion necessary to place the order;
      • Unsuitable for any reason to be transported by our delivery 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,
      We will notify User in the event of incomplete orders. If User would like to continue with the incomplete order, we will process the rest of the order. Otherwise, the entire order will be cancelled.
    5. 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 Global Checkout Service. All orders once placed are considered final.
    6. 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 risks of errors are deemed to be assumed and accepted by User.
    7. Orders that are deemed to be unacceptable Shipments will be dealt in accordance with Section 7.
    8. We do not process any rebates offered by the merchant in any form to Users. All representations and warranties relating to the product are made between the User and the online merchant, and shall not be the responsibility of Global Checkout. We make no representation or warranty whatsover concerning any product whether in respect of its condition or its shipment.
    9. We reserve the right to reject any orders, at our discretion, at any time. All orders once placed are considered final.

    4.Customs, Duties, Taxes and Collection Fees

    1. Prepaid Taxes and Duties: If User chooses to prepay the Taxes and Duties, User agrees and acknowledges that (a) the actual Taxes and Duties may be more or less than the Estimate and (b) you will not be asked to pay more money or receive any refund in the case that the actual Taxes and Duties differ than the Estimate. Global Checkout does not guarantee the accuracy of the Estimate. There will be no refund or reimbursement for prepaid Taxes and Duties.
    2. Paying Taxes and Duties upon delivery: If Users chooses to pay Taxes and Duties upon delivery, User is responsible to pay the actual Taxes and Duties to the delivery agent directly. It is not the responsibility of Global Checkout if customer selects this option.
    3. User acknowledges and agrees that the services do not include customs or taxes (except where clearly stated or if Prepay Taxes and Duties option is provided by Global Checkout and chosen by User) and that we are not a customs agent or broker. 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.

    5.Shipping to our U.S. facility

    1. Upon User’s successful checkout on Global Checkout, we will purchase the Product(s) on behalf of User as the User’s appointed payment and delivery agent, with the online merchants. The Product(s) so purchased will be received at our U.S. facility ("U.S.Delivery Address") for delivery to the address designated by the User ("Shipment Address").
    2. You authorize us to accept delivery of Products at the U.S.Delivery Address on your behalf and appoint us as your delivery agent to ship the Products to the Shipment Address in accordance with these Terms.
    3. We have the right to open and inspect a Shipment without prior notice to User.
    4. Notwithstanding any provisions herein, we reserve the right at all times to decline or refuse to accept delivery of any purchase or Shipment or return of any Products as we deem appropriate in our absolute discretion and without attributing any reason thereto.
    5. 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 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.
    6. All Shipment Addresses once confirmed on the Site are final and may not be varied.
    7. User agrees to routing and diversion of the Shipment, including the possibility that the Shipment may be carried via intermediate stopping places.

    6.Verification

    1. We may verify You and your credit cards used for payment on our Site at our discretion.
    2. 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.
    3. We reserve the right to refuse placing orders or withholding shipment of any transactions involving payments made with unverified credit cards.
    4. 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.

    7.Deliveries and Undeliverables

    1. 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.
    2. Global Checkout does not guarantee delivery of packages which do not comply with the import regulations of the country to which they are delivered to.
    3. 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, delivery 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.
    4. 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 ninety (90) days of the Product(s) being received at the U.S. Delivery Address, for any reason.

    8.Loss, Damage and Delay to Shipment

    1. 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.
    2. We are not responsible for any Shipment to our U.S. facility. Only proof of delivery from ground couriers DHL, FedEx and UPS will be considered by us. For users of the Global Checkout service, we will liaise with the merchant on behalf of the User for delivery but shall not be responsible for any loss, damage or delay in any Shipment to the US facility or Shipment Address unless it was caused solely by our wilful neglect.

    9.Shipment Unacceptable under Import / Export Regulations

    1. 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).
    2. 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..

    10.Claims and Insurance 

    1. 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.
    2. 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 and international shipping cost (excluding fuel surcharge and duties paid).
    3. Compensation includes declared value of goods, domestic shipping charges, and international shipping costs (excluding fuel surcharge and duties paid).Taxes and duties will not be compensated.
    4. Shipping insurance is compulsory for all users of our service.
    5. 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.
    6. No User shall be entitled to profit or gain from claims for lost and damaged items.

    11.Refund, Return and Exchange 

    1. We are not responsible for any errors by the merchants in fulfillment of orders or otherwise. We will assist the User to make arrangements with the merchants for any returns, refunds or exchange of items directly in accordance with the merchant's terms and policies.
    2. We do not facilitate any exchanges. We will assist the User to facilitate the return delivery of item(s) ordered from the merchant in accordance to the merchant's terms and policies while the goods are still at the U.S.Delivery Address. Applicable return charges apply.
    3. The User is responsible for any international returns shipping charges and domestic returns charges. Domestic return charges will be deducted from the proceeds of any order cancellations for orders placed with the Global Checkout service.
    4. Where applicable, we will credit User with the refunds only after we have received the refund from the merchant, within 7 business days of receiving the refund from the merchant. We do not refund any handling charges paid or payable by the User in the event User elects to return the goods.

    12.Charges and Costs 

    1. Our international shipping charges for providing the Services are shown on the Global Checkout platform when User selects their Shipping Destination 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 Global Checkout to confirm this calculation.
    2. 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.
    3. If User utilizes our Global Checkout Service, the cost of the item, delivery charges levied by the merchant, international shipping charges, any handling fees, fuel surcharge, insurance cost, and applicable Taxes and Duties, of the invoice value of the item will be charged to the User.
    4. Global Checkout is not responsible for any foreign exchange and/or applicable surcharge(s) imposed by the User’s issuing bank for the credit card used in the transaction
    5. An oversized item charge may apply for certain oversized items when they are assessed at Global Checkout’s international shipping facility. Customers may be contacted by Global Checkout to pay for the additional charge before the order is shipped internationally. If the customer chooses not to pay for the oversized item charge, they can have the order returned to the merchant and receive a full refund for their order.

    13.Indemnity and Limitation of Liability 

    1. 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 Global Checkout Service.
    2. 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.
    3. 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.
    4. Global Checkout is not responsible to you for any damages arising from the online merchant’s misuse of any personal data provided by User to the online merchant whether through the Site or otherwise.

    14.General

    1. We reserve the right to amend, vary, delete or add to these Terms of use from time to time without notice, and the amended terms of use shall apply with immediate effect. You agree to become bound by these Terms of use, as these may be varied from time to time, by registration through the Site and/or by use of the Services.
    2. By placing an order with Global Checkout, you acknowledge that we reserve the right to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of Global Checkout’s services.  Any transactional data analyzed will expressly exclude any personally identifiable information and will be aggregated.
    3. All content included on Global Checkout, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Global Checkout
    4. All notices to us shall be sent by postal mail to comGatewayAttn: Legal Dept. comGateway (S) Pte Ltd, 8 Commonwealth Lane #05-01, Singapore 149555 and all notices to the User shall be sent to the address provided by User 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.
    5. 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 SIAC or its Court of Arbitration.
    6. The invalidity or unenforceability of any provision shall not affect any other part of these Terms.
    7. 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.