Shipping Wallet and Carrier Account Terms
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These terms govern the Tanqory shipping wallet and the purchase of carriage through carrier accounts held by Tanqory. They apply to every shipment arranged through the Tanqory platform on that basis, whether domestic or cross-border and whatever delivery terms apply. They form part of the Merchant Agreement.
1. Scope and definitions
1.1 These terms apply where a Merchant funds a balance held with Tanqory Inc. ("Tanqory") and Tanqory purchases carriage on the Merchant's instruction.
1.2 In these terms:
- "Carrier" means the transport provider that carries a Shipment.
- "Shipping Balance" means the credit balance the Merchant holds with Tanqory for the purchase of carriage and related services.
- "Tanqory Shipping Arrangement" means the arrangement in clause 2.1.
- "Merchant Carrier Arrangement" means the arrangement in clause 2.2.
- "Shipment" means a consignment dispatched on the Merchant's instruction.
1.3 Terms defined in the Merchant Agreement have the same meaning here.
2. The two arrangements
2.1 Tanqory Shipping Arrangement. The Merchant funds a Shipping Balance. On the Merchant's instruction, Tanqory purchases carriage from a Carrier on a carrier account held in Tanqory's name and applies the cost against that balance. The contract of carriage is between Tanqory and the Carrier. The Merchant is not a party to it.
2.2 Merchant Carrier Arrangement. The Merchant holds its own account with a Carrier. The contract of carriage is between the Merchant and the Carrier. Tanqory transmits shipment instructions on the Merchant's behalf using credentials the Merchant supplies, acting as the Merchant's messaging conduit only.
2.3 These are separate arrangements and are not merged by these terms. Use of one for some Shipments does not make Tanqory a party to the other.
3. The Shipping Balance
3.1 The Shipping Balance is a prepayment on account for carriage and related services. It is not a deposit, is not a payment account, is not electronic money, and does not bear interest.
3.2 Tanqory is not a payment service provider, does not hold the Shipping Balance as a payment institution, and does not provide money transmission, remittance or stored value services. The Shipping Balance may be applied only against carriage and related services purchased through the Platform.
3.3 The Merchant may request a refund of an unused Shipping Balance. Tanqory will refund it to the original payment method within a reasonable time, less any amount committed to a Shipment already tendered and any amount Tanqory is entitled to set off.
3.4 Amounts are debited when carriage is purchased. Carrier adjustments, including reweigh, remeasure, surcharge, address correction, return and storage charges, may be debited after delivery when the Carrier invoices them.
3.5 If the Shipping Balance is insufficient, Tanqory may decline to purchase carriage, and may recover any shortfall from the Merchant, including by set-off against sums otherwise payable to the Merchant, to the extent permitted by applicable law.
4. Tanqory's role
4.1 Tanqory purchases carriage as principal with the Carrier and as a service provider to the Merchant. Tanqory does not carry goods, does not perform customs clearance, and does not act as a customs broker, customs agent, declarant or Importer of Record.
4.2 Tanqory is not the seller, consignor, owner or exporter of the Merchant's goods, and is not a party to the sale between the Merchant and its customer.
4.3 The use of a Tanqory carrier account is not a transfer of customs or duty responsibility. No inference is to be drawn, from the identity of the carrier account holder or from the party that pays for carriage, that Tanqory has assumed any obligation in respect of import duties, import taxes or customs compliance. This clause governs the position between Tanqory and the Merchant, and does not determine how a customs or other authority may characterise any party under applicable law.
4.4 The Merchant shall not name Tanqory, or permit Tanqory to be named, as importer, importer of record, declarant, duty payer or the account to be billed for import duties or import taxes on any customs declaration, commercial invoice or transport document. If Tanqory is so named, the Merchant shall notify Tanqory immediately and take all steps to correct the record.
5. Carrier terms
5.1 Each Carrier performs transport and any customs activity under its own terms of carriage and tariff. Those terms may limit liability, exclude categories of loss, and impose time limits and conditions for claims that are shorter or stricter than those in the Merchant Agreement.
5.2 Tanqory does not warrant the performance of any Carrier and is not liable for the act or omission of a Carrier, a customs broker, a handling agent or an authority.
5.3 Where a claim lies against a Carrier, Tanqory will, at the Merchant's request and cost, provide the shipment records reasonably required to bring it, and will pass on any recovery it obtains in respect of that Shipment.
6. Merchant obligations
6.1 The Merchant shall provide accurate shipment data, including addresses, contents, weights, dimensions and, for cross-border Shipments, the customs data required by the Cross-Border Duties and Customs Merchant Policy.
6.2 The Merchant shall not tender goods that are prohibited, restricted or dangerous, or that require an authorisation the Merchant does not hold, and shall comply with all applicable export control and sanctions laws.
6.3 The Merchant is responsible for all charges arising from inaccurate data, including reweigh, remeasure, address correction, return and storage charges.
7. Duties and import taxes
7.1 Import duties and import taxes are not part of the price of carriage and are not paid from the Shipping Balance.
7.2 Under Delivered At Place terms, the consignee is responsible for import duties and import taxes at destination.
7.3 Where Delivered Duty Paid terms are available and elected, responsibility is allocated by the Merchant DDP Responsibility Terms and the DDP Shipping Reseller and Carrier Account Addendum. DDP is not enabled on the Platform as at the effective date of these terms.
7.4 If a Carrier invoices Tanqory for any import duty or import tax on a Merchant's Shipment, the Merchant shall reimburse Tanqory within thirty (30) days of demand, and Tanqory may set off that amount against the Shipping Balance or against sums otherwise payable to the Merchant, to the extent permitted by applicable law.
8. Suspension
8.1 Tanqory may suspend or decline to purchase carriage, for a Merchant, a Carrier, a service or a destination, immediately on notice, where the Merchant is in breach of these terms, where Tanqory reasonably suspects inaccurate shipment data or prohibited goods, where a Carrier requires it, or where continued provision would in Tanqory's reasonable opinion expose Tanqory to material legal or regulatory risk.
8.2 Suspension does not affect any Shipment already tendered or any charge already incurred.
9. Liability
9.1 Tanqory's liability in connection with these terms is limited as set out in the Merchant Agreement.
9.2 Tanqory is not liable for loss of profit, revenue, business, goodwill or anticipated saving, or for any indirect or consequential loss, however arising.
9.3 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be limited or excluded, and nothing deprives any person of a right that applicable law does not permit to be excluded.
10. General
10.1 Severability and reading down. If any provision, or part of a provision, is held invalid or unenforceable in any jurisdiction, it shall first be read down only so far as necessary to make it valid and enforceable in that jurisdiction. Only if it cannot be so read down shall it be severed, and then only for that jurisdiction.
10.2 These terms are governed by the laws of Singapore. Disputes are resolved by arbitration in Singapore under the SIAC Rules.
10.3 Tanqory may amend these terms on not less than thirty (30) days' notice through the Platform or by email, except where a shorter period is required by law or to address a material legal or safety risk.
10.4 The English version prevails over any translation.
Contact Information
Tanqory Inc. c/o Harvard Business Services, Inc., 16192 Coastal Highway, Lewes, DE 19958, USA Email: legal@tanqory.com Website: https://legal.tanqory.com/