Terms & Conditions
This Terms and Conditions (“Terms”) governs the access or use by you of the information service platform (“Platform”) through our applications (“Application”) or websites to receive services made available by EASY MOBILE LOGISTICS HONG KONG LIMITED, a company incorporated in Hong Kong with its registered office at Unit B, 10/F, Dragon Industrial Building, 93-95 King Lam Street, Lai Chi Kok, Kowloon, Hong Kong (“Lalamove”).
Please make sure to carefully read through these Terms before accessing or using the Platform. These Terms whether stated or otherwise referenced herein set forth rights and obligations and constitute a legal agreement between Lalamove and you.
By using or accessing the Platform, you hereby expressly affirm that:
- you have read and understand these Terms
- you will comply with these Terms; and
- you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts.
You also acknowledge and agree that you have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM. PLEASE READ CAREFULLY “DISCLAIMER,” “LIMITATIONS OF LIABILITY” AND “INDEMNITY”. THESE PROVISIONS LIMIT OUR LIABILITY TO YOU.
In these Terms, the words “you” or “your” refer to all individuals and other persons who access or use the Platform, including, without limitation, any organizations that enroll or otherwise access or use the Platform through their respective representatives or employees (“User(s)”).
In these Terms, “Applicable Law” means applicable Hong Kong laws, rules, and regulations governing payments and all services provided hereunder, including: any and all foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with) any regulatory authority, as each of the foregoing may be amended and in effect from time to time.
We reserve the right to change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
- Our Services
The Services provided by Lalamove are meant to connect Users and independent third party delivery partners (“Delivery Partner”) who provide transportation and/or logistic services. The transportation and/or logistic services provided by the Delivery Partner could be availed/requested through the use of the Platform supplied by Lalamove.
You acknowledge that Lalamove by itself does not own, employee or provide transportation and/or logistic services or function as a transportation carrier and that all such transportation, or logistic services provided are by Delivery Partners.
- Use of the Software
While using the software provided by Lalamove (“Software”) you agree that:
- you are permitted to install a copy of the Software on your mobile device for your use provided that you shall not use the Software or the Services for any commercial purposes;
- you are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;
- you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform;
- you shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;
- you shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;
- you shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;
- you shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by Lalamove; and
- other than the license to use the Software granted hereof, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Lalamove and its suppliers.
- Use of the Services
Once the Account registration is successfully completed with Lalamove, you will be provided with an Account, accessible with a password of your choice. The Services or Platform may be restricted/limited based on your resident jurisdiction because of age, in such cases you must abide by the age limits and not use the Services or the Platform.
You agree that the details entered and maintained by you are accurate, complete and valid. Lalamove is not liable for false, incomplete, old or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account. Lalamove is entitled to verify the information that you have provided at all times and refuse the use of the Services without providing reasons and prior notice.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. Lalamove does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Lalamove reserves the right to terminate the use of the Services should you be using the Service in an incompatible or unauthorised device or that the security of your account has been compromised in any way or for any reason we may find just.
While using the Services you agree that:
- you shall only access the Services using means explicitly authorized by Lalamove;
- the Platform and Services provided will solely be used by you, for your personal use and will not be resold to any third party;
- you will not authorise others to use your Account;
- you are only allowed to open a single Account;
- transferring of your Account to any other person or legal entity is not permitted;
- you cannot use an account that is subject to any rights of a person other than you without appropriate authorisation;
- Lalamove holds the right to include/exclude the Users from promotional offers;
- the Services cannot be used for unlawful purposes, including but not limited to (i) violation of Applicable Law; (ii) storing or sending any unlawful material; (iii) sharing of sensitive personal information of others, without their consent (iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or harming the proper operation of the Services; (vi) exhibiting the tenor of impersonating another person; or (vii) copying or distributing the Services without the permission of Lalamove;
- your password or any identification credentials that Lalamove provides to you should be secure and confidential;
- proof of identity or other documentations needs to be submitted immediately if requested by Lalamove;
- compliance with all the Applicable Law is a must while using the Services;
- you will not engage with the Delivery Partner outside of the Platform directly or indirectly;
- you shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Lalamove reserves the right to bar any such activity;
- you shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
- you shall not collect or harvest any personally identifiable information, including account names, from the Platform;
- you shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behavior that Lalamove deems inappropriate when using the Services; and
- you agree to grant Lalamove the rights to share your information and/or permitted information, with any third parties.
Rules of Use:
- Users warrant that they are either the owners or the authorized agents of the owners of the goods and materials comprising any requested shipments, and that the Users are authorized to order that the shipments be made in accordance with the Users’ instructions.
- Users warrant that they have accepted these Terms not only for such Users but (if applicable) also as agents for and on behalf of the owner of the goods and materials comprising shipments.
- Users understand that the Delivery Partners will be directed by the User’s instructions to transport the shipments to the User’s designated location. User agree that neither the Delivery Partner nor Lalamove holds title to or acquires any ownership interest in any shipments that the User’s request to be delivered through the Services.
- Users shall verify the information of the Delivery Partner and vehicle and use the User’s own discretion to decide whether or not to accept the services of the Delivery Partner before the shipment. User shall be deemed to have accepted and accepted all information (including but not limited to the information of the Delivery Partner and vehicle) relating to the shipment provided by the Delivery Partner. Whether or not such information is identical with the User’s order information. After the shipment, User shall not hold Lalamove liable for any inconsistency between any information in the shipment and the order information.
- Users shall give to the Delivery Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between the Users’ provided information and the actual situation or facts involved shall be borne by the User. Any amendment or change to a User’s instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated in the Application.
- Users warrant that they have complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials comprising shipments. Users shall not dispatch (and Delivery Partners are entitled to refuse transport of) any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. Users are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of a User’s breach of these Terms.
- Users will not transport alcohol or tobacco products as part of its shipment if prohibited by local law or regulation. User shall be permitted to deliver alcohol and/or tobacco products if local laws or regulations permit the transportation of alcohol and/or tobacco products.
- Users acknowledge and agree that they must notify Lalamove and the Delivery Partners before transporting pets or any shipment containing pets and fully comply with all restrictions and policies published by Lalalmove and applicable laws and regulations with respect to pet transportation. Additional charge will be applied for Pet Transportation, related cost will be reflected in the Application. Please find our Pet Transportation Terms Here.
- Delivery Partners will not open and inspect shipments nor be responsible for the transportation of special goods without prior agreement from the User. Lalamove and Delivery Partners shall bear no responsibility or any legal liability resulting from the transportation of shipments.
- Users shall ensure that shipments are adequately packed to protect against damage in the course of transmission, and also that no part of any shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part.
- Users shall ensure that shipments are properly packaged so as to protect against damage to the shipments during the course of transportation, and in particular, in the case of a shipment of a fragile nature, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the shipment is guarded against damage that may result from any force, pressure or blows to which transportation items are ordinarily subject during the course of transportation and that such fragile shipments shall bear specific words indicating its contains fragile items displayed on the face of the case or container and above the address of the named addressee.
- Users shall ensure that shipments are properly packaged so as to protect against damage to the shipments during the course of transportation, and in particular, in the case of a shipment which is susceptible to damage by bending, that the shipment shall be packed in a case or container of sufficient durability and strength to prevent the shipment from being bent or otherwise damaged during the course of transportation and such case or container shall bear specific words indicating its contains items that cannot be bended displayed on the face of the case or container and above the address of the named addressee.
- Lalamove shall not be responsible to provide a protective service for the transportation of perishable commodities or commodities requiring protection from heat or cold. Such commodities will be accepted for transportation solely at the User’s risk for any damages arising from the transportation.
- Users shall provide in respect of each shipment all necessary information. In the event that the recipient is found to be absent from the address specified by the User, no other person is present to take the shipment, and no other instructions have been provided by the User, the Delivery Partner will contact the User (at the number provided by User) and attempt to return the shipment back to the User. In the event the Delivery Partner cannot reach the User at the number provided by User, the Delivery Partner may attempt to redeliver the shipment to the recipient. You agree that the unclaimed items which the recipient or User cannot be contacted will be delivered to Lalamove’s local office. If the items remain unclaimed 14 days after receipt of the items, Lalamove can proceed with the unclaimed items at his discretion. Any charges for additional handling and further shipment transportation will be borned by the User. Should a re-transportation of items be needed, a new transportation order will be placed and billed.
- The Delivery Partner will not help for loading, unloading, moving, hauling or lifting the User’s shipment unless the Helper Service is requested by the User. Users must read and understand the relevant policies published by Lalamove. By requesting Helper Service, Users warranty that they have accepted and shall comply with all the policies published by Lalalmove and applicable laws and regulations with respect to such requirements. Additional charge will be applied for Helper service, related cost is based on the Delivery Partner’s sole discretion. Please find the Helper Service Terms Here.
- For Services containing Purchase requirements, Users must read and understand the relevant policies published by Lalamove. By ordering Purchase requirements in the Services, Users warranty that they have accepted and shall comply with all the policies published by Lalalmove and applicable laws and regulations with respect to such requirements. Additional charge will be applied for Purchase Service, related cost will be reflected in the Application. . Please find the Purchase Service Terms Here.
Lalamove reserves the right to terminate the Account, Services and use of Lalamove Application in the event of non-compliance with any of the above requirements. Lalamove reserves the right to modify, terminate or suspend the Services to you at any time, without prior notice, due to any changes in our internal policy or the Applicable Law or any breach of these Terms by you, or for any necessary reason at Lalamove’s sole discretion.
By creating an Account, you electronically agree to accept and receive communications from Lalamove including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Lalamove. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Lalamove, its affiliated companies and/or third party contractors, including but not limited to communications concerning orders placed through your registration with respect to the Services. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Services.
Promotional Offers and Credits
Lalamove, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to these Terms and may be valid only for certain Users as indicated in the offer.
You agree that promotional offers:
- may only be used by the intended audience, for the intended purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Lalamove;
- are subject to the specific terms that Lalamove establishes for such promotional offer;
- cannot be redeemed for cash or cash equivalent; and
- are not valid for use after the date indicated in the promotional offer.
Lalamove reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event that Lalamove determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Lalamove reserves the right to modify or cancel an offer at any time. Lalamove may also offer gratuitous credits to Users, which can be used for the Services. Any credit issued by Lalamove is subject to the specific terms that Lalamove establishes and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your Account. Expired credits are no longer redeemable.
Other Third Party Interactions
While using or accessing the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Lalamove and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Lalamove has no responsibility or liability arising from any agreements between you and such third party providers.
- Payments on the Services
Use of the Platform is free of cost. but Lalamove reserves the right to introduce a fee for the use of the Platform. (If we introduce this fee you will be notified and accordingly you can decide to continue or terminate your Account)
While using the Services you understand and agree that:
- Lalamove shall charge you for the transportation services and other services provided to you by the Delivery Partner. Payment of the charges in such manner shall be considered the same as payment made directly by you to the Delivery Partner;
- payment amounts quoted are in Hong Kong currency and include Hong Kong goods and services tax, where applicable;
- payment transaction fees are covered by Lalamove and there are zero fees for the payor but Lalamove has the absolute right to revise the prices of any fees without giving prior notice;
- Lalamove has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice;
- any application/request for service is subjected to availability of resources. In the event any application submitted is not processed, Lalamove shall inform the User by email, text message, calls, or push notifications to the mobile device or cellphone number you provide to Lalamove;
- Lalamove shall process the application/request for top-up only after the User's payment is cleared by the bank appointed by Lalamove and upon approval by Lalamove;
- Lalamove reserves the right to refund to the User the equivalent sum of amount paid in the event Lalamove for any reason is unable to process the application/request;
- credits sold are not exchangeable, returnable nor refundable; and
- receipt is issued to the User when the payment is successful. However, in the event that the payment is not cleared by the bank, the receipt will be considered void.
You can choose to pay for the service fee by the following methods:
- Cash Payment:
Cash Payment towards the total price.
Lalamove offers you the facility of making an online payment through an E-Wallet powered by a third party payment processor ("Payment Processor"). This facility is only allowed for IN-APP service requests. Lalamove is not responsible for any errors on the Payment Processors end. Lalamove shall not be responsible for any unauthorized use of your E-Wallet during or after availing the Services.
- Credit Card:
Lalamove offers you the facility to make payments through a credit card enabled by Payment Gateways(“PGs”) or Payment Processors provided by any of Lalamove’s affiliates or partners or unrelated third parties. You agree and undertake to share relevant payment details including credit/debit card details (“Card Details”) with the PGs and the Payment Processors for the successful completion of payment towards total price to Lalamove and authorize the PGs and the Payment Processors to complete such transactions. In this respect, it is clarified that all PGs and the Payment Processors whose services are utilized for the purposes of the Services shall be PCI-DSS (“Payment Card Industry – Data Security Standard”) compliant. Your authorization will remain in effect as long as you maintain an Account in the Platform. In the event you delete your Card Details with the PG or the Payment Processors or if you delete your Account, the PG or the Payment Processors will not process any further transactions initiated by you y. Your authorization under this clause is subject to any other terms and conditions of the PG and the Payment Processors. Lalamove shall not be responsible for any issue from payments via credit cards.
Any payment related issue, except when such issue is due to an error or fault of Lalamove, shall be resolved between you and the PGs or Payment Processors. The processing of the credit or payment, as applicable, are subjected to all applicable terms and conditions, privacy policies and other terms of applicable PGs or Payment Processors and your credit card scheme in addition to these Terms. Lalamove cannot be held responsible for any errors or faults resulted from the payment processors.
- Intellectual Property Ownership
Lalamove alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Services. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform and the Services, or any intellectual property rights owned by Lalamove. Company names, logos, and the product names associated with the Platform and the Services are trademarks and/or intellectual property of Lalamove or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform and the Services.
By providing content, information or materials (“User Content”) to Lalamove, you grant Lalamove a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that Lalamove only acts as a passive channel for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Lalamove shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Lalamove be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Lalamove.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Lalamove, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Lalamove or its affiliated companies related to any User Content posted or transmitted by you or your other use of the website, the Service or the Application.
Lalamove reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Lalamove believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to us.
Lalamove respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Lalamove or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Lalamove, without any compensation to you; (ii) Lalamove has no obligation to review your submissions; (iii) Lalamove may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Lalamove has no obligation to keep your submissions confidential.
You may use information on the Platform purposely made available by Lalamove for downloading from the Platform, provided that you:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
- do not make any additional representations or warranties relating to such information.
These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the website, the Application or the Service, or any intellectual property rights owned by Lalamove.
The Services are provided "as is" and "as available." Lalamove makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any Services requested through the use of the Services, or that the Services will be uninterrupted or error-free.
Lalamove does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.
Lalamove does not control, manage or direct any third party providers including Delivery Partner. Third party providers are not actual agents, apparent agents, ostensible agents, or employees of Lalamove.
Lalamove does not control, endorse or take responsibility for any User Content or third party content available on or linked to by the Services. Lalamove cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
- Limitation of Liability
Lalamove is not responsible and shall not be held liable for:
- damage/defect/change of item/property from its original state due to substandard packaging;
- item/property already damaged/defected/changed before the start of the transportation;
- quality of the Services as it is entirely dependent on the Delivery Partner, who is ultimately providing you the transportation and/or logistic services;
- any booking that is not accepted;
- any damages resulting from the use of or inability to use the Services, including damages caused by wrong usage of the Services, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness;
- appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation;
- any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including profit and loss, whether based on contract, tort, negligence, strict liability or otherwise, even if Lalamove has been advised of the possibility;
- any lost items during the Services, Lalamove will try to locate the items on a "best-effort" basis but is not responsible for any loss or damages of such items.
Without limiting the foregoing, to the fullest extent permitted by applicable law, in no event will Lalamove aggregate liability arising out of or in connection with these Terms or the Services rendered hereunder, whether in contract, tort (including negligence, product liability, or other theory), warranty, or otherwise, exceed the amount of three times the payment of the order or HKD 1,000.00 (whichever is less).
By accepting these Terms and using the Service, you agree that you shall defend, indemnify and hold Lalamove, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
- your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party, including Delivery Partner arranged via the Platform; or
- your use or misuse of the Service.
- Governing Law
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by arbitration.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lalamove without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms binds and inures to the benefit of each party and the party’s successors and permitted assigns.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
In case of any discrepancy between the English version and any regional language version, the English version prevails.