Redberry Consign - Terms of Use
Effective as of March 10, 2018

By accessing the Web Application, Redberry DRIVE App or Redberry FIND App or any parts or any components thereof (as respectively defined below) (collectively, “Redberry Consign”), printing or downloading materials from Redberry Consign, or otherwise using Redberry Consign or any features or any material generated thereof, the user (the “User”) agrees to comply with the privacy policy of Redberry Consign (https://www.redberryconsign.com/privacypolicy.html) (the “Privacy Policy”) and the relevant terms and conditions set forth below, as the same may be amended or modified from time to time without prior notice to the User (collectively, the “T&Cs”).

For purposes of the T&Cs:
  • “Service Provider” refers to Redberry Software (HK) Limited;
  • “Web Application” refers to the online service interface designed, created and operated by the Service Provider accessible at https://www.redberryconsign.com/login/;
  • “Redberry DRIVE App” refers to the mobile device application Redberry Consign Driver's Scanner designed, created and operated by the Service Provider; and
  • “Redberry FIND App” refers to the mobile device application Redberry Consign Sender/Consignee Application designed, created and operated by the Service Provider.

General Provisions

The provisions set forth in this section titled General Provisions apply to Redberry Consign.

Contractual Force

Contractual Force of the T&Cs
The User’s use of Redberry Consign means that the User agrees that the T&Cs legally bind the User in the same manner that a signed, written, non-electronic contract does. The User may not use Redberry Consign in any manner or attempt to access Redberry Consign if the User does not agree to be bound and abide by the T&Cs. The User’s continued use of Redberry Consign also means that he or she represents and warrants that he or she is able to enter into legally binding contracts. Without limitation to other applicable laws, if the User uses Redberry Consign on behalf of an entity, such as his or her business or employer, the User represents that he or she has the legal authority to bind that entity to the T&Cs, and the T&Cs accordingly also bind that entity.

The User’s use of certain new content and features which may be added from time to time through Redberry Consign may be subject to additional terms and conditions. By using such content and features, the User also agrees to be bound by such additional terms and conditions.

Right to Change and Modify
The Service Provider reserves the right to change or modify the T&am;Cs from time to time, with or without notice to the User.
If the Service Provider decides to change or modify the T&Cs, it will post the T&Cs as modified on the website of Redberry Consign (https://www.redberryconsign.com) and such changes will be effective at such time.
The User agrees that the Service Provider shall not be liable to the User or any third party for any modification of the T&Cs.

Introduction
Redberry Consign is a software system designed, created and operated by the Service Provider to enable tracking of the locations of shipments in a local or an international freight transfer process. This includes but is not limited to a freight transfer process wherein third-party carrier services are involved such that neither the party sending the shipment (the “Consignor”) nor the party receiving the shipment (the “Consignee”) are in control of the shipment. Redberry Consign consists of the Web Application, Redberry DRIVE App and Redberry FIND App. The functions of each of the components are set down below in the respective sections.

Use of Redberry Consign

Internet Access
To access and use Redberry Consign or any feature thereof, the User must, at his or her own expense: (a) provide for his or her own access to the internet and pay any service fees associated with such access; and (b) provide all equipment necessary for him or her to make such connection to the internet, including but not limited to modem, broadband or mobile data internet connection, computers with an appropriate internet browser installed, and mobile devices able to create internet data connections, access location services and install necessary components of Redberry Consign.

Intellectual Properties
The source code, content, marks, symbols, photographs, designs, literary works, visual artistic works, musical works, presentations, and other materials of Redberry Consign except for the Data (as defined below) and the derivatives thereof (the “Intellectual Properties”) are protected by intellectual property rights, such as copyright, design, trademark, know-how, and patent, which belong to the Service Provider or its licensors.

The Service Provider grants the User a limited, nonexclusive, nontransferable and revocable license, subject to the T&Cs, to access and use the Intellectual Properties solely to (i) view the Intellectual Properties for informational or transactional purposes, and; (ii) use the intellectual properties to perform the intended functions of Redberry Consign as expressed in the T&Cs. Any other use of the Intellectual Properties is expressly prohibited. All other rights in the Intellectual Properties are reserved by the Service Provider and its licensors. The Service Provider reserves all rights in Redberry Consign and the User agrees that the T&Cs do not grant the User any rights in or licenses to the Intellectual Properties, except for this express and limited license.

The User will not otherwise copy, reproduce, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, communicate to the public by telecommunication, translate, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another web site, or in any other way exploit any of the Intellectual Properties or any derivative works thereof, in whole or in part for commercial or non-commercial purposes.

Without limiting the foregoing, the User must not, without the Service’s Provider’s prior written consent (i) frame or display the Intellectual Properties as part of any other web site or any other work of authorship; (ii) link Redberry Consign or any parts thereof to or on any other website; or (iii) establish any link in such a way as to suggest any form of association, approval or endorsement on the part of the Service Provider.

If the User violates any of the T&Cs, his or her license to access and use Redberry Consign may be immediately terminated in the Service Provider’s sole discretion. In addition, the Service Provider reserves the right to all remedies available at law and in equity for any such violation.

User Restrictions
As a condition of the his or her use of Redberry Consign, the User represents and warrants that he or she shall not use Redberry Consign for any purpose that is unlawful or otherwise prohibited by the T&Cs. The User will not submit any false, misleading or inaccurate information to the Service Provider, or in the use of Redberry Consign. The User will abide by all applicable local and international laws and regulations and the User shall be solely responsible and liable for all of his or her acts or omissions that occur while he or she uses Redberry Consign. By way of example, and not as a limitation, the User will not use Redberry Consign to:
  • Perform freight transfers that are illegal or impermissible under any applicable laws and regulations (such as, but not limited to, transfers that have not fulfilled all applicable tax obligations, transfers that have not fulfilled all applicable reporting or declaration obligations and transfers that contain illegal goods);
  • Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the rights (such as, but not limited to, rights of privacy, publicity, image and intellectual property) of any other third party;
  • Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortious, unlawful, indecent or otherwise objectionable material or information;
  • Transmit or upload any material or information to Redberry Consign that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • Interfere with or disrupt the Redberry Consign networks or servers;
  • Harvest or otherwise collect information from Redberry Consign about others, including but not limited to email addresses or personally identifying information, without proper consent;
  • Use the information of another party to access or use Redberry Consign;
  • Otherwise attempt to gain unauthorized access to or use of Redberry Consign, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; or
  • Interfere with another individual’s or entity’s access to or use of Redberry Consign.
The Service Provider has no obligation to monitor the User's use of Redberry Consign or retain the content of any of the User's sessions on Redberry Consign. However, the Service Provider reserves the right at all times to monitor, review, retain and/or disclose any such information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Right to Change and Modify
Redberry Consign is provided on an “as is” and “as available” basis. The Service Provider reserves the right to modify or discontinue any portion of the features and functionality provided through Redberry Consign, from time to time, with or without notice to the User.

The Service Provider reserves the right to modify, and to temporarily or permanently discontinue the User’s access to Redberry Consign, with or without notice to the User.

The User agrees that the Service Provider shall not be liable to the User or any third party for any modification or discontinuance of any portion of the features and functionality provided through Redberry Consign or the User’s access to Redberry Consign.

Warranties, Representations, Obligations and Liabilities

Disclaimer of Warranties and Representations
To the fullest extent permitted under applicable law, the Service Provider expressly disclaims all warranties or conditions of any kind, whether express, statutory, legal or implied, including but not limited to the implied warranties of merchantable quality, fitness for a particular purpose, non-infringement and any implied warranties arising out of course of performance, dealing or trade usage; that access to Redberry Consign will be uninterrupted or error-free; that Redberry Consign will be secure; that Redberry Consign or the server that makes Redberry Consign available will be virus-free; or that information on Redberry will be complete, accurate or timely. If the User downloads or uses any materials from Redberry Consign or any part thereof, the User does so at his or her own discretion and risk. The User will be solely responsible for any damage to his or her computer system or loss of data that results from the download or use of any such materials. No advice or information, whether oral or written, obtained by the User from the Service Provider or through or from the Redberry Consign or any part thereof shall create any warranty of any kind. The Service Provider does not make any warranties or representations regarding the use of any content on Redberry Consign in terms of its completeness, correctness, accuracy, adequacy, usefulness, availability, timeliness, reliability or otherwise.

Limitation of Liability
To the fullest extent permitted under applicable law, the User understands and agrees that neither the Service Provider or third party service providers shall be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or any other damages relating to or resulting from the User's use or inability to use Redberry Consign or from any actions the Service Provider takes or fails to take. These include but are not limited to damages for errors, omissions, interruptions, defects, delays, computer viruses, the User’s loss of profits, loss of data, unauthorized access to or alteration of the User’s transmissions or data, and other tangible or intangible losses. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise arising out of or in connection with the use, inability to use, or performance of the information, uses, products or content available from Redberry Consign, and even if the Service Provider or its representatives have been negligent or have been advised of the possibility of such damages.

Nothing in the T&Cs shall operate so as to limit or exclude the Service Provider's liability for death or personal injury arising out of negligence, fraudulent misrepresentation, or any other liability which cannot be excluded or limited by law.

Legal Compliance
The User agrees to comply with all import and export, tax and criminal laws and regulations, as well as laws and regulations that are otherwise applicable, in the use of Redberry Consign and any feature thereof. The Service Provider does not undertake to assume any responsibilities or liabilities for or on behalf of the User with respect to the compliance of any applicable statutory or contractual obligations assumed by the User by operation of law or by consent.

Third Party Service Providers
The User acknowledges that the Service Provider may use a third party service provider, agent or affiliate to assist with the supply of goods or services regarding Redberry Consign. The User agrees that in the event such third party service provider cannot or will not process any transaction or supply any goods or services referred to it by the Service Provider by reason that such third party service provider may suffer legal and/or reputational risks, or that such service provider may, by doing so, violate any law, regulation, rule or internal policy applicable to it if it completes such transaction or supplies such goods or services, then notwithstanding any other provision of the T&Cs, such enrollment or supply will not be completed and the Service Provider will have no liability in respect of any such incomplete enrollment or transaction.

Accuracy
Although the Service Provider intends to provide accurate and timely information on Redberry Consign, Redberry Consign and the content thereof may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on Redberry Consign is provided as a convenience to the User and is provided for informational or transactional purposes only. In an effort to continue to provide the User with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including but not limited to information regarding the Service Provider's policies, products and services. Accordingly, the User should verify all information before relying on it, and all decisions based on information contained in Redberry Consign are the User's sole responsibility and the Service Provider shall have no liability for such decisions.

Data
The User is wholly responsible for any data he or she transmits to Redberry Consign, whether such Data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia (the “Data”). By uploading the Data to Redberry Consign, the User represents and warrants to the Service Provider that the Data does not violate or infringe upon the rights (including intellectual property, privacy, moral, image or publicity rights) of others or otherwise is not contrary to any applicable laws and regulations. The Service Provider has no obligation to monitor the Data. However, the Service Provider reserves the right at all times to review the Data, to disclose the Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities in or outside of Hong Kong, to refuse to post or transmit the Data, to remove the Data, and to refuse to perform any actions involving the Data that are, in the Service Provider's sole judgment and discretion (or in the sole judgment and discretion of any of the entities described in this paragraph), objectionable or in violation of the T&Cs.

Remedies

Termination on the Part of the User
Should the User objects to any terms or conditions of the T&Cs or any subsequent modifications to the T&Cs or become dissatisfied with any part of Redberry Consign in any way, the User's sole and exclusive remedy is to immediately: (1) terminate use of Redberry Consign; and (2) notify the Service Provider in writing of his or her termination of his or her agreement to the T&Cs. Upon termination of the T&Cs, his or her license rights to Redberry Consign, save the rights and obligations that expressly survive termination in the T&Cs, immediately cease.

All provisions relating to indemnification, warranty disclaimers, limitation of liability, governing law and dispute resolution, equitable relief, and assignment shall survive the termination of the T&Cs.

Termination on the Part of the Service Provider
The Service Provider has the sole discretion to terminate or restrict the User's use or access to Redberry Consign, or remove Data the User transmits to Redberry Consign or the Service Provider, for any reason, including and not limited to, that Service Provider believes the User has violated or acted inconsistently with the T&Cs or the terms and conditions applicable to other services or features provided by or contained within Redberry Consign.

Indemnification
The User agrees to indemnify, defend and hold harmless the Service Provider and its respective affiliates and subsidiaries, and its officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including but not limited to reasonable lawyer’s fees and court costs, arising or resulting from his or her violation of the T&Cs, any applicable laws, or his or her violation of any rights of a third party.

If the User causes a technical disruption of Redberry Consign or the systems transmitting Redberry Consign to him or her or others, he or she agrees to be responsible for any and all losses, liabilities, expenses, damages and costs, including but not limited to reasonable lawyer’s fees and court costs, arising or resulting from that disruption.

Equitable Relief
The User acknowledges that any use or threatened use of Redberry Consign or the contents thereof in a manner inconsistent with the provisions in the T&Cs shall cause immediate irreparable harm to the Service Provider for which there is no adequate remedy at law. Accordingly, the User acknowledges and agrees that the Service Provider shall be entitled to seek immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by the User. Nothing contained herein shall limit the Service Provider's right to any remedies at law, including without limitation the recovery of damages from the User for breach of the T&Cs, as applicable.

Force Majeure The Service Provider shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond the Service Provider’s reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond the Service Provider’s reasonable control.

Assignment
The User will not assign or transfer (including but not limited to by operation of law, change of control or otherwise) the User's rights, licenses or obligations in connection with Redberry Consign provided under the T&Cs, either in whole or in part, without the Service Provider's prior written consent, and any attempted assignment contrary to the foregoing will be void and have no effect. The Service Provider may assign all or a portion of its rights under the T&Cs to any party without notice to or consent from the User.

Miscellaneous

Third Party Content and Links
From time to time, Redberry Consign may contain references or links to third-party materials (including but not limited to third party web sites) not controlled or operated by the Service Provider. Such information and links are provided as a convenience to the User and should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply the Service Provider's recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. The User acknowledges and agrees that the Service Provider is not responsible for any aspect of the information or content contained in any third party materials or on any third party web sites accessible or linked to Redberry Consign, including but not limited to content, property, goods or services available on the linked web sites.

Governing Law and Dispute Resolution
The T&Cs shall be governed by and construed in accordance with the laws of Hong Kong.

Any dispute, controversy, difference or claim arising out of or relating to the T&C, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

Interpretation of the T&Cs
If any provision of the T&Cs shall be unlawful, void or for any reason unenforceable, that provision shall be deemed severed from the T&Cs and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of the T&Cs by the Service Provider shall be deemed a further or continuing waiver of such provision or any other provision, and the Service Provider's failure to assert any right or provision under the T&Cs shall not constitute a waiver of such right or provision.

The section titles in these T&Cs are for convenience only and have no legal or contractual effect.

Contact Us
If the User has any questions or comments regarding the Redberry Consign and the T&Cs, please contact the Service Provider by writing to:
Redberry Software (HK) Limited
Suite 1018 Beverly Commercial Center 87-105 Chatham Road
Tsim Sha Tsui, Kowloon
Hong Kong
consignadmin@redberryconsign.com

Web Application

The provisions in this section titled Web Application apply only to the Web Application. Unless otherwise provided, the provisions in the section titled General Provisions equally apply to the Web Application. If there is any conflict between the provisions in this section and the section titled General Provisions, the provisions in this section shall prevail.

Introduction
The Web Application is an online data processing software that helps users generate documents that can be used in conjunction with other components of Redberry Consign, including but not limited to, a consignment note carrying a barcode relating to the collection of a shipment (the "Collected Barcode") and a barcode relating to the delivery of a shipment (the "Delivered Barcode") that can be used in the Redberry Consign system for various purposes.

Account
The User will need an account on Redberry Consign (the "Account") to access the Web Application and the features thereof. The Account allows the User to sign in to the Web Application and access the functionality contained therein.

Creating an Account
The User can create his or her Account by signing up online on the website of Redberry Consign. The User agrees not to use any false, inaccurate or misleading information when signing up for the Account. If the User creates an Account on behalf of an entity, such as his or her business or employer, the User represents that he or she has the legal authority to bind that entity to the T&Cs. The User cannot transfer his or her Account to another user or entity. To protect his or her Account, the User is advised to keep account details and password confidential. The User is responsible for all activities that occur under his or her Account.

Terminating an Account
The User can terminate his or her Account at any time and for any reason. To terminate his or her Account, the User should send a written request to the Service Provider with proper evidence proving his or her identity and his or her ownership of the Account.

Upon termination of an account, save the rights and obligations that expressly survive termination in the T&Cs, the User's license rights to Redberry Consign and other rights under the T&Cs in respect of the Web Application immediately cease. The Service Provider may at its sole discretion delete all Data in relation to the terminated Account from the server of the Web Application. The User is advised to take caution in submitting an account termination request, such as making all necessary backups for the Data.

The Service Provider has the sole discretion to terminate or restrict the User's use or access to the Web Application, or remove Data the User transmits to the Web Application or the Service Provider, for any reason, including and not limited to, that Service Provider believes the User has violated or acted inconsistently with the T&Cs or the terms and conditions applicable to other services or features provided by or contained within the Web Application.

Forfeiture of Account
After one year of no activity, the Service Provider has the option of terminating an Account and the User's rights license rights to the Web Application and other rights under the T&Cs in respect of the Account, save the rights and obligations that expressly survive termination in the T&Cs, immediately cease. The Service Provider may at its sole discretion delete all Data in relation to the terminated Account from the backend server of the Web Application.

Payments and Use of Tokens
The Web Application contains features that are only accessible or enabled upon a payment, or the use of a consumable medium of exchange named Tokens on the Web Application, which are purchasable on the Web Application (the "Tokens").

Purchasable Products
All features and items that are purchasable in the Web Application, including but not limited to, the Tokens, the use of logo, and any combination and package thereof (the "Products") are purchasable on an “as is” and “as available” basis, and they are non-negotiable. The Service Provider reserves the right to modify, restrict or terminate the availability of the Products, or modify the prices thereof, at any time.

Once purchased, the Products will attach solely to the Account wherein the Products are purchased. The Products are non-transferrable, and any attempted assignment contrary to the foregoing will be void and have no effect.

A purchase of the Products on the Web Application does not constitute a separate contract between the Service Provider and the User. The T&Cs continue to apply on any purchase of the Products.

Payment
All payments on the Web Application must be made by credit cards. The Service Provider does not accept any other means of payment.

When the User purchases a Product (the “Transaction”), he or she may be asked to supply additional information relevant to the Transaction, such as his or her credit card number, the expiration date and the card verification code of his or her credit card (the “Payment Information”). The User represents and warrants that he or she has the legal right to use the credit card represented by any such Payment Information. The User also authorizes the Service Provider to provide the Payment Information to third party service providers so that the Service Provider can complete the Transaction.

A confirmation email will be sent to the User after the Service Provider confirms the payment for the User's order. The User's order is not binding on the Service Provider until accepted and confirmed by the Service Provider.

All payments made are non-refundable as expressly provided in the T&Cs. Tokens
The Token is a medium of exchange that can be used in the Web Application to access or enable certain features on the Web Application as present on the Web Application from time to time. The Tokens are non-transferrable, and any attempted assignment contrary to the foregoing will be void and have no effect.

Free Tokens
The Service Provider may provide a certain number of Tokens to the User for free (the "Free Tokens"). The provision of Free Tokens is gratuitous in nature and the Service Provider reserves the right to modify, restrict or terminate the provision of the Free Tokens at any time.

Forfeiture of Products
After one year of no activity, an Account may be terminated and the Products attached to the terminated Account may be forfeited. None of the payments made in respect of the Products or the purchased Products is refundable.

Termination of Service
If the Web Application is for any reason terminated under the T&Cs, the User's rights to the Products shall immediately cease. None of the payments made in respect of the Products or the purchased Products is refundable.

Documents Generation and Data Ownership

Storage of Data
While the User may be able to save information of Consignors, Consignees, and documents generated in the past and the information thereof on the Web Application and access such information on the Web Application, the Service Provider has no obligation in ensuring the continued storage or access of such information. The Service Provider shall not be liable for loss of information by any reasons, including but not limited to, data connection failure, server failure and computer failure.

Data Accuracy
All Data is supplied solely by the User to the Web Application or the Service Provider. The Service Provider does not process or alter the Data save the presentation of the Data on the documents generated. The Service Provider shall not be liable for any inaccuracy or mistakes in the Data or the presentation of the Data. Accordingly, the User should verify all Data or presentation of Data before relying on it, and all decisions based on the Data or the presentation of Data are the User's sole responsibility and the Service Provider shall have no liability for such decisions.

Redberry DRIVE App


The provisions in this section titled Redberry DRIVE App apply only to Redberry DRIVE App. Unless otherwise provided, the provisions in the section titled General Provisions also equally apply to Redberry DRIVE App. If there is any conflict between the provisions in this section and the section titled General Provisions, the provisions in this section shall prevail.

Introduction
Redberry DRIVE App is a mobile device application which is able to identify and report to the backend server of Redberry Consign the location of the mobile device on which Redberry DRIVE App is installed (the "Tracking Service").

Tracking Services

Tracking Device
Redberry DRIVE App makes use of a mobile device which has Redberry DRIVE App properly installed and operative, properly functioning camera, mobile data internet access and locational services activated to perform the Tracking Service (the "Tracking Device"). The Service Provider has no obligation to ensure that Redberry DRIVE App or the Tracking Service can operate on or work with a particular mobile device operating system.

Redberry DRIVE App can perform the Tracking Service periodically at certain predetermined time intervals in the period from the time the Tracking Service is initiated until the time the Tracking Service is terminated (the "Tracking Period"). Throughout the Tracking Period, in order that the Tracking Device can perform the Tracking Service, all functionalities and features of the Tracking Device necessary for the performance of the Tracking Service must remain operative, including but not limited to, Redberry DRIVE App that is properly installed, mobile data internet access, and location services. The User is particularly reminded that under “doze mode” of mobile devices running the Android operating system, Redberry DRIVE App may not be able to perform the Tracking Service.

Tracking Period
The Tracking Period commences at the time the Tracking Service is initiated by the scanning of the Collected Barcode with the camera of the Tracking Device on Redberry DRIVE App. Upon initiation, Redberry DRIVE App sends a signal of the location of the Tracking Device to the backend server of Redberry Consign. Redberry DRIVE App then sends signals of the location of the Tracking Device periodically at such predetermined time intervals when the Collected Barcode was generated by the Web Application.

The Tracking Service terminates after all signals, total number of which was predetermined when the Collected Barcode was generated by the Web Application, are sent, or at the scanning of the Delivered Barcode with the camera of the Tracking Device on Redberry DRIVE App. After termination of the Tracking Service, the Tracking Device will no longer send signal of the location of the Tracking Device.

Scanning
Scanning of the Collected Barcode and the Delivered Barcode is performed by the camera of the Tracking Device on Redberry DRIVE App. The ability to scan may be affected by various factors, including but not limited to, light conditions, condition of the Collected Barcode and the Delivered Barcode, and the condition of the document on which the Collected Barcode and the Delivered Barcode is printed on. The Service Provider is not liable for any inability to scan the Collected Barcode and the Delivered Barcode.

Data Protection
Any location information collected during the Tracking Period shall be handled in accordance with the Privacy Policy.

Redberry FIND App

The provisions in this section titled Redberry FIND App apply only to Redberry FIND App. Unless otherwise provided, the provisions in the section titled General Provisions also equally apply to Redberry FIND App. If there is any conflict between the provisions in this section and the section titled General Provisions, the provisions in this section shall prevail.

Introduction
Redberry FIND App is a mobile device application which is able to receive data signals from the backend server of Redberry Consign relating to the location of the Tracking Devices (the "Reporting Service").

Reporting Services

Reporting Device
Redberry FIND App makes use of a mobile device which has Redberry FIND App properly installed and operative, properly functioning camera, and mobile data internet access to perform the Reporting Services (the "Reporting Device"). The Service Provider has no obligation to ensure that Redberry FIND App or the Reporting Service can operate on or work with a particular mobile device operating system.

Use of Reporting Service
Use of the Reporting Service requires the scanning of the Collected Barcode with the camera of the Reporting Device on Redberry FIND App. On scanning of the Collected Barcode, the Consignor or the Consignee will receive an email containing a security code (the “Security Code”) at the email address registered on the Web Application when the Collected Barcode was generated. The user of Redberry FIND App can then access the Reporting Service by entering the Security Code in the appropriate field on Redberry FIND App. If, and only if, the code entered into the appropriate field on Redberry FIND App is identical to the Security Code, the user of Redberry FIND App can access a summary of the information supplied in relation to the relevant shipments, including but not limited to, the location of the Tracking Device and the items contained in a shipment.

. Location Accuracy
Although the Service Provider intends to provide accurate and timely location information of the Tracking Device, the location information presented on Redberry FIND App may not always be entirely accurate, complete or current due to technical and other circumstances that is out of control of the Service Provider, including but not limited to, mobile data connection delays, mobile data connection failures, and failures on the part of the Tracking Device and the Reporting Device. Accordingly, the User should verify all location information before relying on it, and all decisions based on the location information are the User's sole responsibility and the Service Provider shall have no liability for such decisions.

Data Accuracy
Save the information of the location of the Tracking Device, all information presented in the summary of information on Redberry FIND App is extracted from the Data supplied by the user of the Web Application when the Collected Barcode was generated. The Service Provider does not process or alter the Data save the extraction of the Data and presentation of the extracted Data in the summary. Accordingly, the User should verify all Data or presentation of Data before relying on it, and all decisions based on the Data or the presentation of Data are the User's sole responsibility and the Service Provider shall have no liability for such decisions.

Scanning
Scanning of the Collected Barcode is performed by the camera of the Reporting Device on Redberry FIND App. The ability to scan may be affected by various factors, including but not limited to, light conditions, condition of the Collected Barcode, the condition of the document on which the Collected Barcode is printed on, the capabilities of the camera, and the required functions of the phone hardware and software. The Service Provider is not liable for any inability to scan the Collected Barcode.