Terms & Conditions for Usage of the myDelivery App
These Terms and Conditions apply to all services provided by myDelivery to you. myDelivery reserve the right to change these Terms and Conditions without notice at its sole discretion.
“App” means the myDelivery application that provides you with parcel information and coordination services with the Carrier and/or Shipper.
“Carrier” means the transportation company that picks up, transports and delivers Parcels.
“myDelivery” means ShipPin Pte Ltd.
“Parcel” means all packages sent by you with a Carrier including all materials contained therein.
“Shipper” means the person or company that prepared, packaged and sent the goods being shipped to you.
“ShipPin Marks” means any trademarks, logos or wordmarks of ShipPin Pte Ltd
“you”, “your” or “yourself” means you and /or your company.
2. myDelivery Account
- For individuals. When you agree to use the myDelivery App as an individual, you form a legally binding contract between yourself and myDelivery.
- For companies. When you agree to use the myDelivery App on behalf of a company, you agree that you are an authorised representative of your company and that you are opening an account with myDelivery for your company.
- Nature of services. myDelivery provides parcel information and coordination services to assist in managing the successful delivery of your parcels. By ordering services from myDelivery, you, or as the case may be, your company, understand that you will not receive delivery services directly from myDelivery. Rather, you will receive such services from the Carrier previously selected by yourself or the Shipper, which is a third party service provider that is responsible for carriage of the Parcel and any liability related thereto as provided in the Carrier’s and Shipper’s terms and conditions.
- Use of services. You agree to use the flexible delivery services offered by delivery companies and facilitated by the myDelivery App for parcels that are being shipped to you and not for any parcel that is not yours.
- Act as Agent. You expressly authorise myDelivery to act on your behalf in i) retrieving data related to you and your parcel from Carriers and Shippers, ii) providing data related to you and your parcel to Carriers and Shippers and iii) requesting the delivery services that you specify in the myDelivery App from Carriers.
- Data sharing. You consent to the use, publication and processing of the information contained in your account application by myDelivery, its franchisees, Carriers, Shippers and other authorised vendors who might request this information to further assist you in your transportation and delivery needs. Unless compelled to by law, myDelivery will not share your information with anyone other than companies associated or affiliated with myDelivery, the Shipper or the Carrier.
- Data storage. myDelivery may or may not use a third-party cloud-based data service which will store your data that may or may not be in your country.
- Maintenance. From time to time and without prior notice, myDelivery may carry out maintenance on systems that requires suspension of services and feature or may affect the speed of processing for a period of time.
- Modifications. myDelivery may change the services and features available in the App or the way services are offer within the App at any time and without prior notice.
- Termination of account. myDelivery may terminate your myDelivery account and access to services without prior notice.
3. Information Accuracy
- Your data. You warrant to myDelivery, the Shipper and the Carrier that all information provided by you is true, complete and accurate.
- Carrier Data. myDelivery presents shipment-related data directly from Carriers without verifying its accuracy and without modifications. Verification of the accuracy of any such data is the sole responsibility of the Carrier.
4. Intellectual Property
ShipPin Pte Ltd is the proprietor of the Intellectual Property of the application and services provided by myDelivery.
5. Trademark Rights
- Ownership. ShipPin Pte Ltd has or may have trademark ownership for ShipPin, myDelivery, the myDelivery logo and any other myDelivery logos and product or service names used in the course of business. (=”ShipPin Marks”)
- Usage. You agree not to use or display in any way any ShipPin Marks without prior written consent and soley with any links provided by myDelivery.
6. Shipment Processing
- Packaging. The content of the Parcel, packing and packaging used for your goods to be safely transported and the nature and state of the goods being shipped is the sole responsibility of you and the Shippers.
- Customs Processing. The Carrier will process your Parcel for customs clearance in the country of its destination, if the origin location of that Parcel is in another country. Customs clearance procedures may vary widely in different countries. In the case that you settle your customs charges via myDelivery or the Carriers payment gateway, You agree that payment to myDelivery or the Carrier is not subject to nor conditional upon any actions or delays of the customs officials.
- myDelivery App. Usage of the myDelivery App and the coordination services provided within the App may be offered with or without charge. You will be able to opt-in to advanced features in future in the case that they are chargeable or part of a subscription service.
- Carriers. Some carriers may charge extra fess for changing the delivery of your parcel. In this case, myDelivery will endeavour to inform you of the charges upfront that are levied by any carrier that partners with myDelivery. By processing the change request with the myDelivery App, you are accepting the charges communicated to you and agree to pay the delivery company in the time and manner that they instruct.
- Phone Calls. You will be charged your normal operators rates for any calls you place via the myDelivery Contact Carrier feature.
8. Limitation on Liability
Limitation on Liability
- YOU AGREE THAT MYDELIVERY HAS NOT EXPRESSED OR IMPLIED THAT MYDELIVERY IS A CARRIER OR SHIPPER, OR REPRESENTS A SPECIFIC CARRIER OR SHIPPER;
- YOU AGREE THAT MYDELIVERY ACTS SOLELY AS A THIRD PARTY SUPPORT AND TECHNOLOGY COMPANY AND BEARS NO EXPRESS OR IMPLIED LIABILITY FOR PARCELS AND THAT ANY SUCH RESPONSIBILITY SHALL REMAIN WITH SHIPPERS AND CARRIERS; AND
- YOU FURTHER AGREE THAT MYDELIVERY SHALL HAVE NO LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FURNISHED, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY INJURY OR DAMAGES TO PERSONS AND PROPERTY. MYDELIVERY WILL NOT BE LIABLE FOR GOODS OR MATERIALS DAMAGED DURING TRANSIT. IN ADDITION MYDELIVERY IS NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CIRCUMSTANCES BEYOND ITS CONTROL OR BY THE NEGLIGENCE OF MYDELIVERY. THESE INCLUDE BUT ARE NOT LIMITED TO: ELECTRICAL OR MAGNETIC DAMAGE TO, ERASURE OF, ELECTRONIC OR PHOTOGRAPHIC IMAGES, DATA OR RECORDINGS, OR ACTS OF GOD.
- MYDELIVERY AND THE DELIVERY COMPANY EXCLUDE ALL LIABILITY FOR ANY MISUSE OF THIS SERVICE BY A THIRD PARTY THAT IS NOT THE INTENDED RECIPIENT OF A DELIVERY NOTICE, INCLUDING ANY AND ALL LOSS CAUSED BY THE NEGLIGENCE OF MYDELIVERY.
- You acknowledge that you have read and agree to all these Terms and Conditions.
- These Terms and Conditions supersede any other terms or conditions provided to you by anyone at myDelivery unless in writing.
- Except as expressly stated herein, there are no other warranties, express or implied, by operations of law or otherwise, of the services furnished by a particular purpose or arising from a course of dealing or usage or trade.
- These Terms and Conditions and any act or contract to which these Terms and Conditions apply shall be governed by the laws of the Republic of Singapore and any dispute arising out of any action or contract to which these Terms and Conditions apply shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.
Last updated 8 November 2014