Terms of Use
Last Updated: 18 December 2023
1. Introduction
PARCEL PERFORM PTE. LTD. (Company Registration Number: 201308254C) is a company incorporated in Singapore with its principal address at 138 Cecil Street #16-00, Singapore 069538 (“Parcel Perform”). Parcel Perform owns and operates the technology platform providing parcel management solutions through its website https://www.parcelperform.com (the “Site”).
2. These Terms
These terms of use (the “Terms”) govern the use of this Site and each of its subdomains (the “Site”) by users (the “Users”). By using the Site, Users are confirming that they have read, understood and agreed to all of these Terms and the Privacy and Cookies Policy.
If there is a conflict between these Terms and a separate agreement between Parcel Perform and a User, the latter shall take precedence. Parcel Perform reserves the right, in its sole discretion, to vary any parts of these Terms at any time. Users should periodically visit this page to review the current Terms so that they are aware of any revision by which they are bound. In the event of any changes to these Terms, Parcel Perform will post the changes on the Site and update the “Last Updated” date at the top of these Terms. Users shall check this page from time to time to take notice of any changes made.
Users’ continued use of the Site after any such changes constitutes acceptance of the latest terms and conditions. The access to or use of certain areas and features of the Site may be subject to separate policies, standards or guidelines, or may require that Users accept additional terms and conditions, as published on the Site or agreed separately. All such separate policies, standards or guidelines, or additional terms and conditions, are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the Site, the latter terms and conditions will take precedence with respect to that area or feature, unless otherwise specified.
3. Interpretation
In these Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“Carriers” means such service providers that are directly or indirectly in the shipment delivery process.;
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site by Parcel Perform;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Site, Services and/or Content;
The headings are for convenience only and shall not affect the interpretation of these Terms. Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.
4. Intellectual Property
The Site and Content are the property of Parcel Perform and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorized by Parcel Perform, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site and/or Content, in whole or in part. The words “Parcel Perform” & “Parcel Monitor” and associated logos are the trademarks, trade names and/or service marks of Parcel Perform, and Users agree not to display or use in any manner such names and/or marks without Parcel Perform’s prior written authorisation. In using the Site, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right. Any uses of the Site and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Parcel Perform.
By using the Site, Users do not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site granted to Users pursuant to these Terms. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Parcel Perform’s trade or service marks displayed on the Site without Parcel Perform’s prior written permission in each instance. All goodwill generated from the use of the Site and/or Content will inure to Parcel Perform’s exclusive benefit.
Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Parcel Perform.
5. Third Party Resources
The Site may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by Parcel Perform, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by Parcel Perform of such Third Party Resources.
When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable terms and policies of any Third Party Resources relating to the use of their services and act in accordance with those terms and policies, in addition these Terms.
Parcel Perform has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. This explicitly includes any tracking data received from Carriers. In addition, Parcel Perform will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. Users expressly relieve and hold Parcel Perform harmless from any and all liability arising from the access to and use of any Third Party Resources.
6. Disclaimers
These Terms set out the full extent of Parcel Perform’s obligations and liabilities in respect of the Site.
Parcel Perform provides the Site on an "as is" and "as available" basis. Users agree that use of the Site is at their sole risk. Parcel Perform expressly disclaims all warranties of any kind, including, but not limited to, (i) the implied warranties of merchantability, (ii) fitness for a particular purpose and non-infringement, (iii) security, reliability, performance and accuracy of the service. No warranty is made regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Site.
Parcel Perform has no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site.
If any Users are dissatisfied with the Site, or do not agree with any part of these Terms, or have any other dispute or claim with or against Parcel Perform or another User with respect to these Terms, Users’ sole recourse is to discontinue use of the Site.
7. Exclusion and Limitation of Liability
To the fullest extent permitted by law, in no event shall Parcel Perform be liable for any direct, indirect, incidental, special, punitive, exemplary or consequential damages or any damages or losses of any kind in any manner in connection with or arising out of these terms or the Site or Content, regardless of the form of action or the basis of the claim or whether or not we have been advised of the possibility of such damages, including, without limitation, damages for loss of profits or opportunity, business interruption or any other commercial damages or losses. In the event that applicable law does not allow the exclusion of warranties stated herein or the limitation of liability stated herein, then Users expressly agree that in no event will Parcel Perform’s liability for any claim or damages hereunder exceed one hundred singapore dollars (SGD100).
Nothing in these Terms shall limit or exclude (i) Parcel Perform’s liability in respect of death or personal injury caused by gross negligence, fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) Users’ statutory rights.
Any breach of these Terms may cause Parcel Perform to incur irreparable harm and significant injury that would be difficult to ascertain and would not be compensable by damages alone and Users agree that, in addition to any other rights and remedies that Parcel Perform may have at law or otherwise with respect to such a breach, Parcel Perform will have the right to seek specific performance, injunction or other appropriate equitable relief.
8. Indemnity and Release
Users hereby agree to indemnify Parcel Perform, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Site, Content and/or Users’ violation of these Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of these Terms by the Indemnified Parties.
Parcel Perform may, but is not obligated to, participate in the defense of any claim or action and any negotiations for settlement. Users will not make any settlement that may adversely affect the rights or obligations of Parcel Perform without Parcel Perform’s prior written approval. Parcel Perform reserves the right, at its expense and upon notice to the relevant User, to assume exclusive defense and control of any claim or action.
9. Notice
Any notice or other communication in connection with these Terms shall be in writing in English and shall be sufficiently given or served if delivered or sent to contact[at]parcelperform.com
10. General
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provision of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
11. Governing Law and Jurisdiction
Irrespective of the country from which Users access or use the Site,to the extent permitted by law, these Terms and Users’ use of the Site shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with these Terms.
12. Legal Notice (Impressum)
Parcel Perform Pte. Ltd. Address: 138 Cecil Street #16-00, Singapore 069538 Contact: contact[at]parcelperform.com CEO: Arne Jeroschewski VAT number: 201308254C Trade registry: 201308254C
Address: 138 Cecil Street #16-00, Singapore 069538