1. INTRODUCTION
1.1 Welcome to the SPX Express website and mobile application (the “Platform”). SPX Express is a paid service where you (“Sender”, “you,” or “your”) may engage SPX Philippines Inc. on a non-exclusive basis to provide delivery and related services as described in these SPX Express Terms of Service (these “Terms of Service”). Please read these Terms of Service carefully before creating an account (“Account”) via our proprietary platform known as the SPX Portal (“Portal”) so that you are aware of your rights and obligations with respect to SPX Philippines Inc. and our affiliates and subsidiaries (“SPX,” “we,” “us,” or “our”).
1.2 The services we provide to users (“Users” or “you” or “your”) include (a) the Platform; (b) the services provided via the Portal and by the SPX client software made available through the Portal, enabling you to create and manage delivery orders (“Delivery Orders”) to transport your parcel (a “Delivery Parcel”) to your designated location (including deliveries arranged via our SPX Service Point); and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Platform, the Portal or its related services (collectively, the “Services”). Any new features added to or amending the Services shall also be subject to these Terms of Service.
1.3 Before becoming a User of the Platform or engaging our Services, you must read and accept all of the terms and conditions in, or linked to, these Terms of Service and you must consent to the processing of your personal data as described in our Privacy Policy. We reserve the right to revise these Terms of Service at any time without providing notice to you. Your continued use of the Platform, the Portal and/or any of our Services after such changes or amendments have been posted shall constitute your acceptance of the revised Terms of Service. If you do not agree to any such changes, you must stop using the Services, the Platform and the Portal, and contact us at support.ph@help.spxexpress.com to deactivate your Account upon which these Terms of Service will be terminated. For the avoidance of doubt, newer versions of these Terms of Service supersede older versions, unless otherwise agreed by SPX.
1.4 We reserve the right to (a) refuse to provide you access to the Platform, the Portal, our Services or to allow you to open an Account for any reason; and/or (b) change, modify, suspend or discontinue all or any part of this Platform, the Portal or the Services, temporarily or permanently, at any time or upon notice as required by applicable law. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to any part of the, or the entire, Platform, Portal or Services in our sole discretion and without notice or liability to you.
1.5 BY USING THE PLATFORM, THE PORTAL, OUR SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS OF SERVICE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN, ON OUR PLATFORM, ON OUR PORTAL AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE PLATFORM, THE PORTAL, OUR SERVICES AND/OR THE ACCOUNT.