Please note that this document is a version of the document written by GoInterpay's legal department.
YOU ARE SHOPPING ON HEXPRESS HEALTHCARE LTD WEBSITE, AND THE PRODUCTS DISPLAYED ON THIS WEBSITE ARE THOSE OF HEXPRESS HEALTHCARE LTD. HOWEVER, PLEASE BE AWARE THAT HEXPRESS HEALTHCARE LTD HAS PARTNERED WITH A TRUSTED THIRD PARTY GLOBAL E-COMMERCE SERVICE PROVIDER, CALGARY FOREIGN EXCHANGE LTD., OR DEPENDING UPON YOUR LOCATION, ITS AFFILIATE, CALFOREX LIMITED, CALFOREX AUSTRALIA PTY LTD, GOINTERPAY LLC, (IN EITHER CASE, DOING BUSINESS AS “GOINTERPAY”), TO FACILITATE AND PROCESS INTERNATIONAL ORDERS AS MERCHANT OF RECORD. AS A RESULT, ANY PURCHASES MADE BY YOU TO OR USING A SHIPPING ADDRESS OUTSIDE OF THE UNITED KINGDOM WILL BE MADE USING THE GOINTERPAY PAYMENT PROCESSING SYSTEM.
ANY PAYMENTS FOR PURCHASES MADE BY YOU FROM HEXPRESS HEALTHCARE LTD ON HEXPRESS HEALTHCARE LTD WEBSITE ARE SUBJECT TO THESE TERMS OF SERVICE, AND ANY RELEVANT TERMS AND CONDITIONS IMPOSED BY HEXPRESS HEALTHCARE LTD. BY PLACING AN ORDER WITH GOINTERPAY, YOU AGREE TO BE BOUND BY SAME. PLEASE READ ALL OF THE TERMS BEFORE YOU INDICATE ACCEPTANCE. IF YOU DO NOT ACCEPT THEM, HEXPRESS HEALTHCARE LTD AND GOINTERPAY WILL NOT BE ABLE TO COMPLETE YOUR PURCHASE.
1. Transaction Terms. Hexpress Healthcare Ltd makes the GoInterpay system available to facilitate the sale and delivery of products to consumers, at a price and in a currency selected by the consumer. The GoInterpay system permits the processing of orders to international addresses (outside of Hexpress Healthcare Ltd home country) via the transfer of products to be purchased to GoInterpay for processing.
By placing an order through Hexpress Healthcare Ltd, you acknowledge and agree that:
(a) your transaction will be with GoInterpay, not Hexpress Healthcare Ltd, and will be processed by GoInterpay using the GoInterpay system;
(b) upon successful verification and authentication by GoInterpay of payment information provided by you, GoInterpay will conclude the transaction at a price equal to the amounts presented to and agreed-upon by you;
(c) GoInterpay shall be entitled to verify and authenticate your payment information, and if it is unable to verify this information, Hexpress Healthcare Ltd representatives may contact you and/or your payment card issuer to confirm your identity and/or your intent to place the order;
(d) GoInterpay makes no commitment to process the payment for your order until GoInterpay has accepted your order, and reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion;
(e) If you are under the age of 18, approval of your parent or guardian is required to transact with GoInterpay; and
(f) In some jurisdictions, GoInterpay provides certain payment processing services through its affiliates or third party service providers under contract to it.
2. Title to Goods. Due to GoInterpay’s processing methods, all products ordered/purchased by you from Hexpress Healthcare Ltd are temporarily acquired by GoInterpay pursuant to a payment agreement with Hexpress Healthcare Ltd. After GoInterpay processes payment for the order, your order will transfer from GoInterpay to you.
3. Billing. If you use a payment card or other electronic form of payment as your payment type, the charges to your account for your order will be accompanied by a reference to “GoInterpay” and “Hexpress Healthcare Ltd”. In the event of the receipt of any parcel from Hexpress Healthcare Ltd containing only part of your order, GoInterpay will only bill you for the products actually contained and shipped in such parcel, plus relevant shipping, duty, taxes, VAT and fees. You will only be billed for products you receive.
4. Brokers. You hereby authorize a licensed customs broker chosen by Hexpress Healthcare Ltd to act as your agent and transact business with foreign customs and revenue authorities to arrange for clearance of your order, and account for duties and taxes on your behalf, in the interests of completing your order. You hereby grant a proxy or power of attorney (“POA”) to any carrier or broker designated by Hexpress Healthcare Ltd to facilitate the clearance of the shipment. This POA authorizes the assigned customs broker or agent to act on your behalf. You agree to act as Importer of Record, and acknowledge the requirement for the POA as a reasonable condition of the service provided by GoInterpay and its designated carrier, broker or agent.
5. Chargebacks, Fraud Prevention and Void Transactions. For your protection, the payment processing systems of Hexpress Healthcare Ltd and GoInterpay may use various fraud prevention protocols and policies, and industry-standard verification systems, to reduce fraud and minimize chargeback risks. You must comply with such protocols and business risk policies, including card authentication, and “ship to” and “bill to” address verification. Once an order is placed, you may not change any authenticated payment information or any verified “ship to”/“bill to” address. If there is a systemic error which results in the processing or acceptance of a transaction for which authorization has been declined, that transaction shall be void.
6. Customs, Duties, Taxes and Collection Fees. You are responsible for payment of any import taxes, sales tax, value added tax, and customs duties that may be levied by any government authority, and any disbursement fees, advancement fees or similar fees that may be imposed by the shipper, broker, the customs authority of the destination country or other party, including any additional penalties or fees imposed by applicable tax or customs authorities (collectively, “Duties, Taxes and Fees”). The estimated Duties, Taxes and Fees (“Estimate”) may be more or less than the final actual amount of Duties, Taxes and Fees due and payable.
For shipments destined to EU-member countries specifically, services will be provided to you only after you have (a) paid for the Duties, Taxes and Fees at the time of checkout/purchase and (b) explicitly agreed to become Importer of Record, which you hereby explicitly agree to. Applicable customs clearance shall be made in your name and on your behalf as ultimate Importer of Record. As the Importer of Record, you agree to be ultimately responsible for importing the purchased products into the destination EU-member state.
7. Delivered Duties Paid Destinations (Paid at Checkout). If the GoInterpay system permits prepayment, and you choose to prepay the Duties, Taxes and Fees, you agree and acknowledge that (a) the actual Duties, Taxes and Fees payable on your order may be more or less than the Estimate and (b) you will not be asked to pay more money nor will you receive any refund in the case that the actual Duties, Taxes and Fees differ from the Estimate.
8. Delivered Duties Unpaid Destinations (Paid upon Delivery). If the GoInterpay system permits shipment to a destination where Hexpress Healthcare Ltd offers the option to pay Duties, Taxes and Fees upon delivery, you acknowledge that (i) you may not reject or refuse to accept your order, (ii) you may not initiate a chargeback with respect to your order merely because of the amount of applicable Duties, Taxes and Fees, and (c) GoInterpay shall have the right to charge and you agree to pay all applicable Duties, Taxes and Fees as a condition of delivery of your order.
9. Merchant Responsibilities. Questions about your order may be directed to GoInterpay for initial intake and processing, and will be referred to Hexpress Healthcare Ltd by GoInterpay as necessary.
10. Returns. Your order is subject to the GoInterpay’s returns policy. If authorized in accordance with such policy, you will be reimbursed for the original sales prices of returned products within the applicable return policy period.
11. DISCLAIMER OF WARRANTIES. GOINTERPAY PROVIDES THE GOINTERPAY SYSTEM ON AN “AS IS” AND “AS AVAILABLE” BASIS. GOINTERPAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR OPERATION OF THE GOINTERPAY SYSTEM OR THE INFORMATION OR CONTENT DISPLAYED ON OR ACCESSIBLE VIA THE SYSTEM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GOINTERPAY SYSTEM IS AT YOUR SOLE RISK. GOINTERPAY DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY PRODUCT IMAGES, DESCRIPTIONS OR SPECIFICATIONS PROVIDED AT HEXPRESS HEALTHCARE LTD WEBSITES.
12. INTELLECTUAL PROPERTY. You acknowledge that all content included in the Hexpress Healthcare Ltd checkout and the GoInterpay system, such as software, object code, source code, text, graphics, logos, button icons, images, audio clips, and digital downloads, is the property of GoInterpay, Hexpress Healthcare Ltd or its licensors, as may be applicable, and is protected by United States and international copyright laws. All designs, graphics, logos, page headers, button icons, scripts, and service names are trade-marks or registered trade-marks of Hexpress Healthcare Ltd or GoInterpay, as may be applicable, in the U.S. and/or other countries. Such trademarks may not be used without the prior written authorization of Hexpress Healthcare Ltd or GoInterpay, as may be applicable.
13. General Terms:
a. Analytics. You acknowledge that Hexpress Healthcare Ltd and GoInterpay reserve their respective rights to analyze transactional data, anonymously and in aggregate, for the purpose of identifying trends, statistics and measurements that could contribute to the enhancement of the Hexpress Healthcare Ltd customer experience and/or GoInterpay services. Any transactional data so analyzed will be aggregated and de-identified, such that any personally identifiable information is removed.
b. Compliance with Applicable Laws. By agreeing to these Terms of Service, you certify that any products purchased using the GoInterpay system will not be exported, sold, or transferred in violation of any applicable laws, including without limitation the U.S. Export Administration Regulations or applicable U.S. sanctions and embargoes administered by the U.S. Treasury Department. By purchasing such products you are acknowledging that said import does not violate any laws or regulations in the country into which the purchase will be imported, and you acknowledge and agree that it is your responsibility to know the laws in the country into which you are importing such products.
c. Telephone or Electronic Communications. When you purchase products using the GoInterpay system, you are communicating with GoInterpay electronically, and thereby consent to enter into this agreement by electronic means, and to receive communications from GoInterpay by electronically/via email.
d. Modifications. You acknowledge that GoInterpay hereby reserves the right to make changes to its system, policies, and these Terms of Service at any time. If any or any portion of these Terms of Service shall be deemed invalid, void, or for any reason unenforceable, that term or portion of terms shall be deemed severable, and shall not affect the validity and enforceability of the remainder.
Hexpress Healthcare Ltd Refund Policy must comply with the following requirements:
1. The Refund Policy shall stipulate that a request for a Refund Transaction may be processed by GoInterpay for a period of up to thirty (30) days after the date of the applicable Transaction at the Transaction rate, and a request for a Refund Transaction may be processed by GoInterpay during the period between thirty (30) and up to ninety (90) days after the date of the applicable Transaction at the rate in effect at the time of the Refund Transaction.
2. The Refund Policy shall stipulate that after ninety (90) days, and to the extent permitted pursuant to local laws, Refund Transactions shall not be processed by GoInterpay.
3. Hexpress Healthcare Ltd may or may not provide the Consumer with the option for delivery DDP or DDU. If the Consumer is provided with the DDU option, then Hexpress Healthcare Ltd (and not GoInterpay) is responsible for any costs associated with a Consumer’s refusal of the shipped Products, or resolution of any dispute with the Consumer arising from payment of duty/tax, shipping fees, or related order fulfilment costs.
4. Any fees relating to returned orders or refused orders shall not be the financial obligation of GoInterpay (including any duty/tax, shipping fees, or related order fulfilment costs), if Hexpress Healthcare Ltd has terms and conditions making these fees the responsibility of the Consumer. GoInterpay shall not enforce refund or return policies or terms on behalf of Hexpress Healthcare Ltd.
5. Hexpress Healthcare Ltd shall be solely responsible for, and GoInterpay shall have no responsibility nor liability for the refund of fees and foreign exchange risk resulting from orders cancelled by Consumer due to non-shipment by Hexpress Healthcare Ltd or failure of Hexpress Healthcare Ltd to ship in a timely fashion.
6. If Hexpress Healthcare Ltd unilaterally approves any refunds to the Consumer, or provides a refund in violation of the Refund Policy, then the fees for these refunds shall be paid for by Hexpress Healthcare Ltd (and not GoInterpay).
7. Any refund initiated by Hexpress Healthcare Ltd for any reason via API or via the GoInterpay System shall be subject to refund fees in addition to payment processing fees.
8. If additional refund policy terms are specified to the Consumer in any invoicing or shipping confirmation screen, then those terms shall apply subject to the terms set forth above. Hexpress Healthcare Ltd shall be responsible to the Consumer and shall bear all liability in respect of any additional refund policy terms, including any such terms that exceed those provided above by GoInterpay.
1. Our Privacy Pledge
Your trust is essential to the success of our business. GoInterpay takes privacy and confidentiality very seriously and we safeguard the personal information of customers in accordance with our strict internal privacy protocols and this Policy. “GoInterpay” refers to GoInterpay, a division of Calforex Limited, a UK Limited Company with offices at 8 Lincoln’s Inn Fields, London, WC2A 3BP, UK or its designated nominee or affiliates. “Personal Information” means personal information about identifiable individuals, but does not include corporate or business contact information. “Service Providers” means our designated independent third-party service providers who are not owned or controlled by us.
By using GoInterpay’s payment processing and shipping services and supplying payment information to us, you consent to the collection, use and disclosure of your personal information by GoInterpay for the purpose of providing products and services to you, and administering your account in accordance with: (i) this Policy, (ii) any other agreement you may have entered into with GoInterpay, and (ii) applicable laws and regulations. It is your responsibility to ensure that we are kept informed of the correct and current contact information for you.
You authorise GoInterpay to communicate with you regarding the purchase and shipping of your product. You authorise GoInterpay to communicate with you via the internet and via the email address you have provided. You understand and accept the risk that data and information transmitted over the internet is susceptible to error or security breaches.
4. Our Service Providers
5. Information Sharing
GoInterpay does not retain any financial or payment information. GoInterpay does not trade or sell any of your personal information. GoInterpay does not share or in any way disclose your personal information without your consent unless such a disclosure is required to process your payment and deliver your product, is required by law or mandated by search warrant or court order or otherwise permitted under this Policy. To provide payment processing and shipping services, we must share your personal information within GoInterpay’s designated Service Providers, only on a need-to-know basis, as specifically required by each provider for the purpose of payment processing and shipping services.
6. Information Handling
We safeguard your personal information and only maintain it for the length of time required by law and for our business records. After that, we will anonymise or securely destroy it.
7. Dispute Resolution
In the event you have a question, complaint or dispute with GoInterpay regarding your personal information or our personal information handling practices, contact our Privacy Compliance Officer at [email protected].
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