Terms and Conditions

Last Updated:  July 02, 2018

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.kangoexpress.com website (the “Service”) operated by Kango Express, Inc. (“us”, “we”, “our”, or “Kango Express”), and any sub-domains.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with all of these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.  The term “you” and “your” refer to you personally as an individual or the entity you represent (if your registration on behalf of your business or a business you represent or work for).

By accessing, registering, or using the Service you agree to be bound by these Terms, and any operating rules or policies that may be published by Kango Express at www.kangoexpress.com. If you disagree with any part of the terms then you do not have permission to access the Service.

The Terms of Service comprises the entire agreement between you and Kango Express and supersedes all prior agreements between the parties regarding the subject matter contained herein.

User Conduct

Kango Express reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Kango Express Site. Your use of the Kango Express Service is subject to all applicable local, state, national and international laws and regulations including, but not limited to, U.S. Postal regulations.

In using the Kango Express Service you agree not to:

  • Use the Kango Express Service for illegal purposes or to ship hazardous or dangerous materials.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Interfere with another User’s use and enjoyment of the Kango Express Service.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify, modify, or delete any author attributions, legal or other proper notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
  • Interfere or disrupt networks connected to the Kango Express Service or violate the regulations, policies or procedures of such networks.
  • Publish, post, upload, distribute or disseminate material or information that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable of any kind or nature.
  • Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user.
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.

Failure to comply with the above may result in the cancellation of your account and access to the Service without notice.  You will be responsible for any losses incurred by Kango Express as a result of your improper use of the Service and hereby agree to indemnify and hold Kango Express harmless from and against all manner of loss or damage arising from your use of the service in violation of these Terms of Service.

Accounts

To set up an account with Kango Express, you must be above the age of 18 and provide us with a valid email address (disposable emails are not acceptable), your correct name, home address, and contact phone numbers.  This information is required to provide you with our Service and to comply with export/import and other government regulations and laws.  Kango Express reserves the right to request supporting documentation at any time to validate your identification and account information.  It is your responsibility to keep this personal information up-to-date.  We reserve the right to cancel your account if we find that the information provided is inaccurate, false or if we determine the account is being used for fraudulent activities.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. Your password can be changed at any time in the My Account section of the website once you are logged in.  You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.  We will de-activate or close your account and assist with opening a new account for you.

You may not transfer your account or your password/login to another person or party.   Each person of legal age using the service should open their own account with the Service.

We reserve the right to refuse the Service, terminate accounts, remove or edit content in our sole discretion.

Posting of Personal Information on the Website

Users should not post any personally identifiable information on publicly accessible areas of the Website such as the customer feedback section.  You agree that Kango Express has the right to use, reproduce, publish, modify, copy, promote, or distribute any such information on a public basis provided that doing so complies with Kango Express’s Privacy Policy.

Termination

These Terms and Conditions, and any revisions to said Terms, will remain in full force and effect while you are registered for the Service. You may terminate or close your account at any time, for any reason by simply discontinuing the use of your account or by advising us in writing you would like your account closed. You understand and agree that the termination of your account is your sole right and remedy with respect to any dispute or dissatisfaction with the Service.

Kango Express may terminate or suspend your account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after an account is terminated, these Terms and Conditions will remain in effect.

Shipping and Other Charges

Shipping costs can be estimated by using the Cost Estimator on our website.  Rates for consolidation shipments are also available on the country-specific pages offering these shipment types.  Once your package is received and registered, estimated charges will also be available in your packages page in My Account.  Other charges that may be assessed can be viewed on our Rates & Services page on our website.

Kango Express will advise customers via email and via our website whenever changes will be made to costs and charges with advance notification.  Kango Express is not liable if you do not receive or review this information.

Chargeable Weight

Shipping costs will be charged based on volume (dimensional) weight or actual weight, whichever is greater (referred to as “chargeable weight”).  For shipments made under Kango Express’ consolidation shipments, the Chargeable Weight is determined by adding the volume and actual weights of all the individual packages shipping under your account in a single shipment (specific date) to a single delivery address and consignee (recipient).

Shipping Cost Estimator

When you use the Cost Estimator on the Kango Express website, we are providing you with an estimate only based on the information you provide.  The final, invoiced amount may vary from the estimate due to several reasons, including but not limited to:  changes in rates, the difference between the actual and estimated volume/actual weight of the packages, a change in delivery location (especially if the zone is not accurately entered during the estimation) or the item received requires special packaging (such as with large TV’s).  The final shipping costs will be determined once the packages arrive at the Kango Express warehouse, the dimensions and weight recorded, the delivery address confirmed, and the packages are assigned to a shipment.  You are responsible for all final shipping charges assessed on your packages, regardless of whether these charges differ from those provided by the Cost Estimator.

Payment

You authorize Kango Express to charge your preferred payment method for all due services and account activity with us.  These charges may include, but are not limited to, set up fees, shipping charges, handling charges, storage fees, return shipping, delivery charges, or incoming duty/tax charges.  Payment for buying service items and fees, shall be made directly with the local franchise office via cash, bank transfer, or local CC payment.  If you do not provide payment for services provided, we have the right to assess additional fees and penalties to your account, suspend your service, terminate your service or return or discard any packages in our possession.

Unpaid Invoices

Any invoice past due for more than thirty (30) days will be assessed a monthly flat fee late charge per our current Services and Rates.  We also reserve the right to cancel your account, prevent you from scheduling any further package shipments, and/or discard any packages in our possession if your account becomes past due.

Package Acceptance

Kango Express will not accept on your behalf any packages or mail with duty or tax charges owed, packages delivered COD (Cash on Delivery), or postage due mail, unless prior arrangement has been made and agreed to by an authorized representative of Kango Express at its sole discretion.  In those cases where arrangements are made to accept these packages, you will be responsible for paying the amount of the charges plus the applicable handling fee assessed by Kango Express prior to shipment.

In some cases (especially with packages delivered via FedEx or DHL) Kango Express will not be advised at the time of delivery that a package has been assessed duty/tax.  We will receive this notification after the package may have been shipped and delivered to our customer.  In those cases, the customer is still responsible for all charges and handling fees (per our charge of fees).  Kango Express reserves the right to hold any future packages until these charges are paid or charge the customers’ payment method on hand.

Kango Express will also not accept delivery of any damaged or prohibited goods where such characteristics are outwardly visible at time of drop off by the courier company, or in those cases where damage or restriction is determined during a delivery inspection.  These packages will be refused and returned to the sender.

Inspection

Kango Express will exercise its right to open (at time of delivery, during storage and in preparation for shipment) and inspect any package delivered to Kango Express on your behalf for security purposes, to document package contents, and to ensure compliance with export and import regulations.

Mail Not Accepted

Kango Express will only process packages and envelopes containing items that you have purchased, arrive under a courier tracking number, or are clearly of value with the intention of shipment.  All magazines, letters, coupons, advertisements, personal statements, etcetera that we receive under your name or account will be destroyed.

Your Kango Express address should only be used for the purpose of shipping merchandise you have purchased or to ship goods to family/friends abroad.  It should not be used for any other purposes, including but not limited to, soliciting information, establishing residency in the United States/United Kingdom, or soliciting services.

Storage/Hold Service

Kango Express will store your packages free of charge for a period of 14 (fourteen) calendar days from the date of delivery to the Kango Express warehouse.  After 14 (fourteen) days, Kango Express will charge you a storage fee of $1.00 per package per day for up to 40 (forty) additional days.  The additional storage fees must be paid prior to shipment of the packages.  After sixty (60) days in storage, Kango Express reserves the right to sell (including on the Kango Express website), destroy, donate or otherwise dispose of such packages without incurring any liability to you or any other party whatsoever.

If you decide that you do not want to ship any package(s) received under your account, you may request that we dispose of the package(s) prior to the sixty (60) day storage limit at no cost to you.  If, on the other hand, you decide you would like the items returned to the merchant or forwarded to a domestic third party, you will be responsible for any courier costs, handling fees, and pending storage fees applicable.

Resizing Service

Kango Express offers you an optional package resizing service free of charge which you can select in your account preferences.  Kango Express does not guarantee that resizing can be completed on all packages or that a certain amount of space can be removed from each package, regardless of whether you select this preference.  Resizing is dependent on several factors including, but not limited to, the type and size of items, type of original packaging, probability of damage, and shipment service type.  Kango Express will perform the resizing according to its standard resizing processes and policies at its sole discretion.  Requests for credits or refunds on shipping charges will not be honored where it is determined that Kango Express has performed the service according to its policies and procedures.

Unidentified Packages

On occasion, we will receive packages that we cannot confidently assign to an account due to an incorrect/inaccurate customer name or missing/incorrect account number referenced on the package.  You should contact our Customer Service and provide details of the package and contents if there is an unusual delay in receiving notification that your package has been received by our warehouse once the delivery courier or retailer shows the package to be delivered.

Kango Express reserves the right to assign additional handling fees to packages that have been incorrectly addressed (incorrect address, incorrect name, incorrect account number).  Any packages that are received at our warehouse and cannot be assigned to a customer account within sixty (60) days of receipt (after we have made reasonable efforts to identify the package owner) will be discarded, sold, or donated as Kango Express deems appropriate.

Promotions and Special Programs

Kango Express may offer customers promotions or programs such as the Refer-A-Friend promo or new customer discount promotion.  Customers shall follow all terms and conditions of the particular program.  Abuse of these programs shall result in the termination/cancellation of service.

Unclaimed Packages at Destination Office

When using our consolidation shipping service, it is your obligation to pick up your packages within one week of receiving notification of arrival of your package(s) unless other arrangements are made with the local Kango Express franchise management.  If you have not picked up your packages within one week, we reserve the right to assess a $1.00 per day per package hold fee which will be billed and collected at the time of final package collection.  After sixty (60) days, if you have still not picked up your package your items will be considered abandoned and become the property of Kango Express who will either discard, sell or donate the items at their sole discretion.  You will not be entitled to a refund of any of the shipping or other charges for packages that are unclaimed.

Duty and Taxes – Package Values

You are solely responsible for declaring the correct value of each package for the purpose of excise, duty and tax payments. You agree to indemnify and hold Kango Express harmless from liability for any incorrect valuations or misrepresentations you might make.  Shipments may be inspected at any time by Customs authorities and incorrect valuations may lead to penalties, fines, or delays in delivery for which you are solely responsible for.

You are responsible for completing any customs clearance processes in your destination country, as well as the payment of any assessed charges/fees.  Duty and taxes are not included in the rates of Kango Express.  Although Kango Express may provide tools on its website to help you estimate potential duty and tax charges, you are solely responsible to find out the local regulations for your shipments.

Delivery Guarantees

Kango Express will make every reasonable attempt to deliver your shipments to you according to the estimated delivery times we provide on our website or via email.  However, these delivery schedules are not guaranteed and are not part of our Terms of Service.  Kango Express is not liable for any damage or loss caused by courier or airline delays.

The final delivery deadline is up to 3 months in case of airline delays, misroute cases, etc.

Purchases Made with Retailers

Even though Kango Express may feature or share links to retailers on its website, we make no guarantee, warranty, or representation of the quality of product or service of these or any other retailers you may choose to purchase from.  The purchase of the goods from a retailer is a transaction solely between you and that particular retailer.  Kango Express will be held harmless from any liability regarding the retailer’s ability to fulfill its obligations to you, shipment of your product to our warehouse, or defects found with the product.  It is your responsibility to understand the terms and conditions of each retailer you purchase goods from and to manage communication with said retailer for any issues you may find with their service or product.

Loss or Damage of Packages in Transit to Kango Warehouses

Kango Express will not be responsible for any packages that are lost or damaged prior to their delivery at one of the Kango Express warehouses.  We are only responsible for your packages that have a confirmed delivery at our warehouses and are in our custody and control.   Delivery is not considered confirmed if a representative of Kango Express did not sign for the package and/or the package was not acknowledged to be received by a Kango Express warehouse location (through automatic notification to you via email or through your account dashboard).

Product Returns & Exchanges

If you change your mind about a product you have ordered and would like to return it to the merchant or another domestic third party prior to it shipping from one of our Kango Express warehouses, you should:

  • Fill out a Pre-Notification Return Request if the package has not yet arrived at our warehouse or been registered in your account.
  • Request a Return from the package menu in your account if the package has already arrived at our warehouse.

You will be responsible for providing us with any return authorization forms and numbers that are required by the retailer to accept a return.  Kango Express has no liability if a retailer does not accept a return provided we have followed the instructions provided by you.  You must pay for all invoiced costs associated with the return along with our standard return handling charge prior to the package being returned.

We are unable to fulfill any requests to return a package after you have assigned a package to a shipment and the shipment deadline as already passed/closed.  You will be responsible for all invoiced charges for said packages.

You are solely responsible for arranging any returns or exchanges with a retailer once the product has been delivered to you in the local country.  In those countries where Kango Express has a local office, our local staff may be able to assist with the return, at your cost.

Limited Liability for Lost or Damaged International Shipments

All packages are shipped on a limited liability basis.  Our liability is limited to direct loss only and subject to the limits of the Warsaw/Montreal Convention which currently is $20.00 per kg or fraction thereof or the declared value of the damaged/lost item, whichever is less.  Kango Express shall not be liable for indirect, incidental, or consequential damages such as loss of profits, income, or future business.  Shipping charges are not part of the limited liability or reimbursable amount. Kango Express is not responsible for damages of TVs shipped from the warehouse without insurance.

Claims for Lost or Damaged Packages

Any claims for loss or damage must be submitted in writing to Kango Express within four (4) calendar days from the date the item(s) was delivered.  If claims are not filed within the required timeframe, Kango Express has no liability whatsoever for the loss.  A claim form can be found in your account by pulling up the particular package and should be submitted to claims@kangoexpress.com along with copies of your delivery receipt, photographs, and other relevant supporting information.

Upon receipt of all the required information, your claim will be reviewed and the final decision communicated to you within a forty-five (45) calendar day period.  Claim awards will be reviewed based on the information received, any insurance you have elected to purchase, and/or Kango Express’s limited liability.  Any rewards will be credited back to your original payment method or applied to your account as an account credit.  In determining claim value, we will use the lesser between the declared value of the item(s) and the order confirmation/packing list for the items from the retailer.  As mentioned in the Limited Liability section, any claim award will be based on the weight (at a rate of $20.00 per kilo) of the damaged/lost package or declared value of the damaged/lost item, whichever is less.

Shipping of TVs:

Mandatory: Kango Express ships TVs on a pallet (approximate fee of pallet is $20) to avoid damages during transit.

Choice: Customers could contact Kango Express US corporate or local office to arrange insurance before shipping of TV.

The customer could reject shipping of TV on a pallet and its insurance, but need to provide a written note “I refuse pallet and I agree that Shipper is not responsible for any damages happened on the way to the consignee”.

Shipping of Fragile / Heavy items:

Customers must create pre-alert for checking the condition of fragile items and asking for additional packing before the package arrives at the warehouse; pre-alert must be created for fragile heavy items asking shipping on a pallet, otherwise Kango Express is not responsible for damages during transit.

Fraud Protection

We will make every effort to protect both retailers and our customers from fraudulent activities.  If a retailer or legal authority contacts us with reasonable proof of fraudulent behavior by one of our customers, we will cooperate with the retailer or legal authority to resolve the situation as quickly as possible which will likely include returning any packages involved in said fraudulent activity to the merchant.  Evidence of fraudulent activity (which may include but is not limited to the use of stolen credit cards or PayPal accounts to pay for purchased items or to file false claims against a retailer) by a Kango Express customers is grounds for immediate termination of the account.  Kango Express will also provide and maintain all information required by laws and regulations.  Civil or criminal penalties may be imposed by the U.S. Government or local governments against customers for making false statements or engaging in fraudulent transactions.

As a further means to protect retailers, our franchisees, and our reputation, we require all customers to complete a credit card verification process before they can ship and pay any invoices with a particular credit card.  The verification process is a means for us to validate you have the authorization to use the card for our Services as well as validate you are the true owner of the credit card.  Failure or refusal to complete the verification process is a violation of our Terms and is cause for termination of your account.

Agency

You appoint Kango Express, or its subsidiaries, as your legal agent for the receipt of packages, the performance of customs clearance, preparation of shipping documents, with full power of attorney to act as such to the extent allowed by law for the specific purposes enumerated in this paragraph, including but not limited to, the preparation of a Certificate of Origin, an EEI via AES, airway bill or any other document required to export your packages.

You are responsible for providing Kango Express with any information and documentation necessary to complete the required shipment and export documents.  Failure to provide requested or required information will result in Kango Express declining to ship the items.

Compliance with Export and Import Law

You agree and acknowledge that:

  • You will comply with all applicable export and import laws and regulations.
  • You do not appear on any of the following lists which would prohibit Kango Express from providing you with the Service, nor will you divert, reship or forward any part of a shipment to an individual or entity appearing on any of these lists:
  • The U.S. Department of Commerce Denied Persons List, the Entity List, or the Unverified List.
  • The U.S. State Department Debarred Parties List or the Proliferation List.
  • The U.S. Department of Treasury’s Office of Foreign Asset Control’s (OFAC) List of Specially Designated Nationals and Blocked Persons.
  • You are not a resident of or will not ship to any of the countries designated as supporting terrorism by the OFAC which includes Cuba, Iran, North Korea, Sudan, and Syria.
  • You will not use the Kango Express Service to ship or receive 1) prohibited and dangerous goods, 2) goods that require an import or export license, or 3) illegal goods.

Kango Express will refuse to ship any package which we know or suspect is in (or will be) in violation of any and all applicable export and import laws.  We reserve the right to request additional identification or documentation if we suspect that any individual or entity involved in a shipment may appear on any of the above-referenced lists.  Failure to produce such documents or evidence of violation of these Terms are cause for immediate termination of your account.

You will be liable and agree to indemnify Kango Express for any penalties, costs, or fines that may be incurred if any of your shipments are found to violate any of these conditions or Terms and for any legal costs that Kango Express incurs related to such violations.

Acts of Terrorism

You represent and warrants to Kango Express that neither you nor any person acting on your behalf is a person or entity described by Section 1 of the Executive Order No. 13,224 – Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can be reviewed at 66 Fed reg. 34,777.

Prohibited and Illegal Items

You agree not to use Kango Express to receive or ship dangerous or hazardous goods, prohibited or illegal items or controlled substances according to the laws and regulations of the country your items are obtained from as well as the country they are shipping to.

Goods cannot ship if 1) they are on Kango Express’s list of Prohibited Items, 2) they are restricted by entities such as, but not limited to, IATA (International Air Transport Association), the partner airlines or courier companies used by Kango Express, export laws (from the U.S. or U.K.), import laws, Customs authorities or other relevant governmental or regulatory body and 3) Kango Express determines we cannot safely or legal transport the items.

You will be advised by Kango Express if one of your items has been classified as “Restricted” during our inspection.  At that time you will behave fourteen (14) calendar days to 1) have us discard your item, 2) have the item returned to the merchant, or 3) have the item sent to another personal address within the U.S. or U.K. (when applicable).  Note:  We will not forward restricted items to other forwarding company.  You will be responsible for any and all applicable shipping and handling charges to return or forward the item.  If you have not advised us of how to proceed with the restricted items within fourteen (14) calendar days, Kango Express will destroy or donate the item at its sole discretion.

Any items that are considered illegal will not be eligible for returns or forwarding, but instead will be immediately handed over to local law enforcement.

Indemnification

You agree to protect, defend, indemnify and hold harmless Kango Express, Inc. and its respective affiliates, franchisees, subsidiaries, agents, officers, and employees from and against any and all claims, damages, obligations, losses, liabilities, judgments, costs and causes of action of every type (including but not limited to attorney’s fees) resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Force Majeure

Kango Express shall be excused from performance of its obligations, in whole or in part, under these Terms of Service if the failure or inability to perform is caused by reason of Force Majeure, as used herein meaning acts of God, fire, flood, or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions, ore restrictions of governmental authority, or causes not within the reasonable control of Kango Express.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Kango Express, Inc. its subsidiaries, affiliates, franchises, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Limitation of Liability

In no event shall Kango Express, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  Except for the limited liability for international package shipments explained in Limited Liability for Lost or Damaged Shipments section, our maximum liability to you is $100 USD per incident with respect to any errors in our Services provided to you under these Terms.

Changes or Modifications to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice.  If a revision is material we will provide at least seven (7) day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Minnesota and with the laws of the United States, without regard to its conflict of law provisions.  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Entire Agreement

These Terms and Conditions (or as they may be modified from time to time) constitute the entire agreement between us for the use of the Service, use of your account and use of the Kango Express website.  Any other written or oral statement or agreement are superseded and of no effect.

Contact Us

If you have any questions about these Terms, please contact us via our Help Desk or at info@kangoexpress.com.