User Terms and Conditions

These User Terms and Conditions (the “User Terms”) govern your use of Flash Express’ Services (the “Services”).

A. Introduction

Access to, and use of the Services, the Application, and Flash Express’ website https://www.flashexpress.ph (“Website”), including any of its content, is conditional on your agreement to these User Terms. Should you wish to use the Service and/or access the Website and/or the Application, you must read, agree with, and accept all of the terms and conditions contained in these User Terms. By creating or registering an account with Flash Express, or by using or visiting our Website and/or our Application, you are bound to these Terms and you indicate your continued acceptance of these Terms.

We, thus, urge you to read these User Terms carefully.

We may amend these User Terms from time to time without prior notice. In the event of any amendment to these User Terms, the same shall be effective once they are posted in our Website and/or on Flash Express’ Application (“Application”). Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. Please review our User Terms regularly.

B. Definition of Terms

Unless the context otherwise requires, the following terms shall have the meanings ascribed to them under these User Terms:

“Abandoned Parcels” refers to any Mail Matter and/or Goods which remain uncollected and/or are otherwise refused acceptance or receipt either by the Recipient or the Sender despite the delivery attempts made by Flash Express.

“Application” refers to the mobile application developed by Flash Express.

“Cookie Policy” refers to Flash Express’ general policy on the use of cookies in its Application, Website, what user data Flash Express’ tracks, for what purpose, and where those data are sent and/or shared.

“Digital Official Receipt” refers to the official receipt generated by the Flash Express from its system using SAP and sent to Users, Senders, and Third Party Providers as proof of the pick-up of a Parcel.

“Flash” or “Flash Express” refers to Flash Express (Ph) Co. Ltd., Inc., its employees, collection points, and Third Party Providers.

“Goods” refers to either a Mail Matter or Parcel or both, to be delivered by Flash Express.

“Incidental Fees” refers to any and all costs or expenses incurred by Flash Express to sell the Abandoned Goods either by public or private auction.

“Mail” or “Mail Matters” includes all letters, and printed materials.

“Packaging” refers to the packaging materials used by the Sender to pack the Goods, including cartons, fiber bags, pallets, boxes, buckets; tape, rope, shrink wrap, and other cushioning materials (but excluding packing straps as outer packaging of the Goods).

“Parcel” refers to a package containing Goods or other transportable property intended for delivery to an addressee whose name and address are conspicuously written on at least one of its sides.  

“Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Privacy Policy” refers to the general policy of Flash Express in the Processing of Personal Data.

“Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

“Prohibited Goods” refers to the Goods that Flash Express does not accept for delivery or carriage including (a) Goods with Improper Packaging; (b) Goods that require Flash Express to obtain a local license for their transportation; or may otherwise cause delay to the Services and/or damage to equipment, personnel or other shipments; as well as, all kinds of weapons and ammunition such as firearms, switchblade, flick knives, war materials, sword, ax, knife, pistol, air gun, compressed air gun, lighter gun, components of firearm (whether realistic, improvised, or a replica of firearm, realistic toy weapon, etc.); (c) Goods containing obscene and pornographic materials such as magazines, CDs, DVDs, films, photographs, newspaper, posters, books, calendars, optical discs, and toys that may endanger national security and political stability; (d) all kinds of explosives and hazardous Goods; (e) all corrosive Goods and radioactive elements and containers; (f) poisons; (g) narcotic drugs; (g) all items that are dangerous to public health; (h) Goods that are otherwise prohibited to be delivered under the Applicable Laws; (i) articles of extraordinary value or with value that is undeterminable; (j) medical samples and animal and plant samples; (k) drugs and medicines; (l) Parcels that are wet, leak, or emit an odor of any kind; (m) fresh or perishable food products and vegetables and fruits; (n) any kinds of tobacco, e-cigarette and its related products, alcoholic beverages; or (p) body parts, organ or human remains, living or dead animals, plants, or any living organism.

“Recipient” refers to the receiver of the Goods to be delivered by Flash Express.  

“Restricted Goods” refers to Goods that are fragile, easily damaged, and/or otherwise  contaminated including (a) Goods made of fragile materials (glass, mirrors, stone, ceramic, or porcelain); (b) fragile Goods; or (c) musical instruments.

“Sender” refers to customers who are availing of, contracting, and/or otherwise receiving Flash Express’ Services.

“Services” refers to the delivery/courier services offered, or to other services as may hereafter be offered, by Flash Express, including the related use of Flash Express’ Application and/or Website.

“Storage Fees” refers to the charges imposable by Flash Express on account of the Sender’s or Recipient’s failure and/or refusal to accept the Parcels despite Flash Express’ attempts to deliver or return the same.

“Third Party Providers” refers to the accredited partners of Flash Express.

“Unclaimable Goods” refers to Goods which Flash Express agrees to deliver and/or carry but for which Flash Express disclaims liability in case of damage or loss including (a) plants and plant specimen; (b) tickets; (c) used Goods or second hand Goods; (d) identification documents, secret letters or secret documents; (e) personal documents (whether or not issued by government authorities), financial instruments such as money, bank notes, bank card, credit cards, debit cards or cash card, negotiable instruments equivalent to cash such as stocks and bonds, debenture certificate, documents containing substantial amount of confidential information, warehouse receipt, and valuable document; or (f) Goods that have personal values or that cannot be replaced including bullions, loose precious/semi-precious metals or stones, collectible items such as antique and artwork.

“Users” refers to the customers of Flash Express (including the Sender and Recipient), and/or those using Flash Express’ Application and/or Website.

“Waybill” refers to the document issued by Flash Express to the Sender upon receipt of the Goods.

“Website” refers to Flash Express’ official web page which may be accessed at https://www.flashexpress.ph/fle/faq.

C. Your Flash Express Account

If you create an account on Flash Express’ Website and/or the Application, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account.

You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information.

You may not use false or misleading information in connection to your account, or trade on the name or reputation of others, and Flash Express may change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose Flash Express to claims of third parties. You agree that we may take steps to verify the accuracy of information you have provided to us.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify Flash Express of any unauthorized uses of your information, your account or any other security breaches. Flash Express will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You may deactivate your account with Flash Express at any time. In case you choose to deactivate your account, you understand and agree that Flash Express may retain your Personal Data for such period as may be reasonably necessary to protect, enforce, and/or exercise its legal rights and that of its officers, Board of Directors, employees and/or authorized agents.

Flash Express shall immediately return or destroy any Personal Data that is not necessary for the performance of its obligations under these User Terms and/or for the protection, enforcement, or exercise of its legal rights under the applicable laws.

You also understand that Flash Express may disclose your Personal Data to the extent that the disclosure is required by the relevant government authorities of the competent jurisdiction. In this case, Flash Express will exert reasonable efforts to notify you of such disclosure request upon receiving the appropriate order from the court and/or any government authority. 

D. Responsibility of the Users of the Website, the Application, and/or the Services

Your access to, and use of the Website, the Application, and/or the Services must be lawful and must be in compliance with these User Terms, and any other agreement between you and Flash Express.

When accessing or using the Website, the Application, and/or the Services, you must behave in a civil and respectful manner at all times. We specifically prohibit any use of the Website, the Application, and/or the Services, and you agree not to use the Website, the Application and/or the Services, for any of the following:

a. engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any applicable laws or regulation;

b. communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;

c. communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;

d. communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;

e. attempting to interfere in any way with the Website, the Application, or our networks or network security, or attempting to use our Website and/or Application to gain unauthorized access to any other computer system;

f. accessing data not intended for you, or logging on to a server or account, which you are not authorized to access;

g. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); and

h. attempting to interfere or interfering with the operation of the Website, the Application, and/or the Services, or our provision of the Services to any other users of the Website, the Application, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website and/or the Application, overloading, “flooding”, “mail bombing” or “crashing” the Website and/or the Application.

If you operate an account, contribute to an account, post material to the Website and/or the Application, post links on the Website and/or the Application, or otherwise make material available by means of the Website and/or the Application (any such material, "Content"), you are solely responsible for the content of, and any harm and damages resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

a. the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

b. if your employer has rights to intellectual property you create, you have either (i) received written permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a written waiver as to all rights in or to the Content;

c. you have fully complied with any third party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

d. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

e. the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unethical or unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); and

f. the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party.

If you delete the Content, Flash Express will use reasonable efforts to remove it from the Website and/or the Application and our servers, but you acknowledge that caching or references to the Content may not be made unavailable to the public immediately.

You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Flash Express shall take reasonable precautions to prevent the transmission of harmful content from its technology systems to your technology systems.

Flash Express disclaims any liability for any harm or damages resulting from your access or use of the Website, the Application, and/or Services, or access or use of non-Flash Express websites.

Flash Express has the right (though not the obligation) to (i) refuse or remove any Content that, in Flash Express’ reasonable opinion, violates any Flash Express policy or is in any way harmful or objectionable, or (ii) terminates or denies access to and use of the Website, the Application, and/or Services, to any person for any reason, in Flash Express’s sole discretion.

E. Our Services

When availing of Flash Express’ Services, the Sender agrees that the following terms and conditions apply:

1. General Policies

a. All Senders must accurately declare the contents of the Parcel and the actual value of the Goods, and to provide correct and true information about themselves and the Recipient.

b. The Sender must ensure the proper packaging of the Parcel and/or Mail Matter in order to protect the Goods while in transit. In particular, the Sender must comply with Flash Express’ Packaging Requirements which may be accessed here.

c. Flash Express has the right (but not the obligation) to open and inspect a Parcel without notice to ensure the safety and security of the Goods, and to check the compliance of the Goods with Flash Express’ Service standards and with all applicable laws, rules and regulations. 

d. Flash Express will issue one (1) Waybill per Parcel. Currently, Flash Express does not accept multiple Parcels with one Waybill.

e. Flash Express will perform the Services in accordance with the instructions of the Sender provided they are not violative of the applicable laws, rules and regulations.

f. Flash Express reserves the right:

i. not to accept Prohibited Goods, Restricted Goods, and/or Unclaimable Goods at its sole discretion especially if Flash Express determines that the Goods are violative of Philippine laws and/or would otherwise expose Flash Express to liabilities and/or damages

A list of the Prohibited Goods, Restricted Goods and Unclaimable Goods can be found here.

ii. suspend the delivery of the Prohibited Goods, Restricted Goods, and/or Unclaimable Goods

iii. discard and/or otherwise destroy the Prohibited Goods, Restricted Goods, and/or Unclaimable Goods, particularly those that endanger the health and safety of Flash Express’ personnel and/or are otherwise violative of Philippine laws, rules and regulations.

g. Flash Express does not guarantee that the transportation of the Goods will absolutely be free from accident, impediment, and/or harm occasioned by unforeseen events that are beyond the control of Flash Express.

h. The Goods are deemed to have been delivered safely and in good condition if no complaint is received by Flash Express within seven (7) days from receipt of the Goods by the Recipient.

i. The Goods shall be deemed to have been successfully returned by Flash Express if three (3) days have passed without Flash Express receiving any written notification from the Sender that the Goods were not received [by the Sender]. 

j. Any Parcel refused by the Recipient, or which cannot be delivered, for any cause, may be retained by Flash Express for no later than seven (7) days. Within this period, Flash Express shall attempt to deliver three (3) times. After such a period, Flash Express shall automatically return the Parcel to the Sender, with return charge to Sender at fifty percent (50%) of the Service Fee. 

k. Flash Express shall have the right to withhold the remittance of any Cash-On-Delivery (“COD”) Payments due to the Sender in the event the Service Fees are not timely paid. The first notice thereof in writing shall be provided to the Sender on the 7th day of the Invoice Date (“First Notice”).

A second notice in writing of the automatic deduction of the Service Fees from the COD Payments due shall be provided to the Sender in the event the Service Fees remain unpaid on the 10th day of the Invoice Date (“Second Notice”).

l. Flash Express disclaims any and all liability for damages and/or losses due to and/or arising from any of the following, among others:

i. improper Packaging of the Goods

ii. inaccurate declaration of information regarding the Parcel

iii. provision of false and/or inaccurate information about the Sender and/or the Recipient

iv. transaction relating to any Prohibited Goods, Restricted Goods, and/or Unclaimable Goods

v. any Force Majeure event

vi. unpaid customs duties, taxes, charges, and/or other imposts related to the Goods to be delivered

vii. penalties imposed by any government agency relating to the Goods, their use, existence, and/or transportation. 

2. Disclaimer of Warranties

Flash Express makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, the Website, and/or the Application.

Flash Express does not represent or warrant that (a) the use of the Services, the Website, and/or the Application will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Website and/or the Application will meet your requirements or expectations.

The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

3. Shipment Standards. Any and all Goods to be transported by Flash Express must meet Flash Express’ Shipment Standards as follows:

a. Dimension of the Parcel (Width, Length, Height). Each side of the Parcel must not exceed 150 centimeters and the sum of three (3) sides must not exceed 280 centimeters.

b. Maximum Weight: 50 kilograms

4. Fees and Payments

You agree to pay Flash Express the  full amount of the service fees (“Service Fees”) immediately upon pick up of the Parcels.

If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Services. This will automatically be included in the User  charges and given to the Third Party Provider unless you choose to change the amount or remove the tip.

Our Service Fees are subject to change at any time without need of prior notice.

Our Service Fees are exclusive of all taxes, duties, levies or fees, or other similar charges, imposed by any taxing authority (other than taxes imposed on Flash Express’ income), related to your use of the Services [including Value Added Tax (“VAT”), expanded withholding tax, and/or documentary stamp tax, as applicable]  unless you have provided Flash Express with an appropriate exemption certificate (including a PEZA VAT Zero-Rating Certificate).  

In case of changes in law such that a tax is levied that is or becomes irrecoverable with a consequent increase to the costs to Flash Express of delivering the Services, whereby and to such an extent Flash Express is entitled to increase its Service Fees accordingly and retroactively.

You acknowledge and confirm that Flash Express may use a Third Party Provider as a collection agent in respect of your use of the Website, the Application, and/or the Services.

Flash Express may, in its sole discretion, make promotional offers with different features and different rates to any of the Users whereby these promotional offers shall accordingly be honored by you.

5. Pick Up Standards

Anything to the contrary notwithstanding, Flash Express reserves the right to refuse the delivery and/or otherwise suspend the delivery of the following:

a. Any Parcels that do not bear the contact details of the Sender and of the Recipient

b. Parcels that are not suitable for delivery or do not meet Flash Express’ Packaging Requirements

c. At the sole determination of Flash Express, Goods that, by themselves or by virtue of their Packaging, endanger the safety of Flash Express’ personnel  or other Goods to be transported

d. Prohibited Goods, Restricted Goods, and/or Unclaimable Goods

e. Goods which cannot be delivered by Flash Express for any reasonable cause

6. Obligations of the Sender

Any Sender intending to avail of the Services of Flash Express must strictly comply with the following:

a. accurately and truthfully declare the name, value, and nature of the Goods to be delivered

b. clearly write or print the name, address, and telephone number of the Sender and the Recipient

c. correctly identify, declare, and mark the Goods that are fragile, perishable, and easily contaminated

d. strictly comply with the Packaging Requirements of Flash Express

e. strictly comply with all applicable laws and regulations

f. cooperate with Flash Express in the inspection of Goods

g. indemnify Flash Express and/or otherwise render Flash Express free and harmless from any and all liability for any damages or losses on account of the Sender’s and/or Recipient’s violation of these User Terms and the applicable laws, rules and regulations.

7. Cancellation

For Third Party Providers

a. The Users rely on you for the delivery or provision of the Services. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of Flash Express.

b. While you may cancel a booking at any time before the Parcel is picked up, the cancellation shall be based on acceptable cancellation reasons as shown in the Website and/or the Application. Flash Express reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Services will be temporarily restricted.

c. 

d. Notwithstanding the foregoing, kindly be reminded that cancellation of any booking after a Parcel is picked up by Flash Express’ couriers is strictly discouraged and not allowed. Once a Parcel is picked up, a Digital Official Receipt (“OR”) will be received indicating that the delivery of the Parcel may not be cancelled or revoked.

For Users

a. You may cancel your request for the Services at any time before your Parcel is picked up by us and/or by our Third Party Provider that has been matched with you by the Services.

b. Please be reminded that cancellation of a booking after a Parcel is strictly not allowed. Once a Parcel is picked up, a counterpart Digital OR will be received indicating that the delivery of the Parcel may not be cancelled or revoked.

c. 

d. Should you decide and insist to cancel your booking after the Parcel is picked up or do not hand over the Parcel at the designated location despite having received the Digital OR mentioned above, aside from non-refund of Service Fees, you may also be charged a Cancellation Fee as Flash Express may notify from time to time via the Cancellation and Refund Policy.

e. If you feel you were incorrectly charged a Cancellation Fee, you may contact Flash Express via Help Center for assistance. Flash Express reserves its absolute discretion to determine any refunds to you and such refunds may be credited to the payment card you used or such other method as is deemed reasonable by Flash Express. You may please refer to Flash Express’ Cancellation and Refund Policy here. 

8. Complaints

Any complaints between Third Party Providers and Users must be taken up with each other directly. For the avoidance of doubt, such complaints include, but are not limited to, complaints involving: (a) defects, safety, and/or imperfections of products or Goods ordered or purchased by Users; (b) deceptive, inaccurate, or insufficient labeling, packaging, or information regarding the products or services sold or offered for sale by Third Party Providers, as applicable; (c) loss or damage to Goods incurred during conveyance or transport, as applicable or unless otherwise provided; (d) delays in delivery, as applicable or unless otherwise provided; or (e) other liability under applicable consumer protection, commercial, and criminal laws and/or administrative rules and regulations.

Any complaints by the Users relative to the use of the Application, Website, and/or the Services must be submitted within seven (7) days from receipt of Parcel using:

a. the Application, or

b. the website (https://user-ui.flashexpress.com/#/login).

Flash Express undertakes to resolve any and/all complaints immediately and in no case later than thirty (30) days from receipt thereof.

Anything to the contrary notwithstanding, any complaints/claims for loss or damage must be submitted by the Sender, and not by the Recipient

The Recipient must keep any damaged Goods until the claims process is completed.

9. Loss or Damage to the Goods

Flash Express disclaims any liability for any damage to or loss of any Goods unless due to its willful act or gross negligence. In such an event, it is understood that Flash Express’ aggregate liability shall not exceed the following:

In all cases, the liability of Flash Express in case of lost or damaged Mail Matter shall not exceed PhP200.00. For other Goods, the liability shall not exceed PhP3,000.00.

10. Abandoned Parcels

Flash Express reserves the right to assess Storage Fees for any and all Abandoned Parcels which shall be calculable based on the fixed rate (shown below) charged by Flash Express multiplied by the number of days that the Abandoned Parcels remain in the possession of Flash Express.

In the event the Abandoned Parcels remain unclaimed after seven (7) days from the allowable delivery or return attempts by Flash Express (“Claim Period”), or in case of Low Value Parcels, immediately after Flash Express ascertains that the Sender has no interest to secure the return of the Parcels, the Sender and the Recipient expressly and irrevocably constitute Flash Express, its officers, directors, employees, and/or authorized representatives as their lawful attorney(s)-in-fact with full power to sell the Abandoned Parcels (either by public or private auction) without need of an order from any court or any authority other than that granted under these User Terms, to sign all documents, to perform any act requisite or which Flash Express may deem expedient or necessary to properly manage the Abandoned Parcels, to appoint their representatives or substitutes, and to apply the proceeds of the sale to any and all Storage Fees and Incidental Fees incurred by Flash Express.

For these purposes, each of the Sender and the Recipient expressly acknowledges that after the Claim Period, it/he/she shall no longer have any right or interest over the Abandoned Parcels, it being understood that the same shall be sold for purposes of defraying the Storage Fees and other Incidental Fees incurred by Flash Express.

The User undertakes to defend, indemnify, release, remise and forever discharge Flash Express, from any and all liabilities and actions of whatever nature, whether expected, real or apparent, and regardless of the nature of type of claim or demand (i.e. whether for sum of money or damages), arising wholly or partially or directly or indirectly from:

a. the User’s failure to comply with the applicable laws, rules and regulations

b. the User’s failure to adhere with these User Terms

c. failure and/or refusal by the User to provide true and accurate information relating to the Sender and/or the Recipient, and the Goods

d. the User’s (Sender and/or Recipient) failure or refusal to claim, collect, or accept the Abandoned Parcels

Flash Express will not be liable for any special, indirect, consequential, exemplary or incidental damages, or any damages that cannot reasonably be considered to arise naturally from a breach by Flash Express, however caused, arising out of or relating to the use of the Services, the Application and/or the Website, even if Flash Express has been advised of the possibility of such damages.

No failure or omission by Flash Express to observe any of the terms of conditions under these User Terms will give rise to a claim or be deemed a breach if it is caused by an act of God or any other cause beyond the reasonable control of Flash Express  including, without limitation, earthquakes, fires, floods, wars, civil or military disturbances, acts of terrorism, sabotage, strikes, epidemics, riots, power failures, computer failure, loss or malfunction of utility (“Force Majeure”).

Other General Terms governing the use of our Application, Website, and Services may be accessed here.