Terms of Use
SEND Portal and all related systems
The terms and conditions set out in this terms of use (Terms of Use) governs the use by you (the Organisation) of the SEND portal and all related systems through our mobile applications, Websites, applications (collectively defined as the Portal) to access the Services made available by Pick. These Terms of Use shall apply to all visits to this Portal, both now and in the future.
By proceeding to use the Portal or register an Account with us to access the Services, the Organisation agrees that it has read, understood, accepted, agreed to and shall comply with all of the Terms of Use. In particular, please read carefully the Rights of Use and Obligations and Limitation of Liability and Warranties, where these clauses shall limit Pick's liability to the Organisation.
If the Organisation disagrees with these Terms of Use, please do not use the Portal or register for an Account.
By using the Portal to access the Services, the Organisation also agrees that it shall comply with:
(a) The Services privacy statement (Privacy Policy) as set out therein;
(b) The terms and conditions relating to the provision and use of the lockers in the Locker Network (Terms for Lockers) as set out therein; and
(c) Guidelines that may be issued by Pick on the use of the Portal from time to time.
1.1 The Applicant must provide Pick with accurate and complete information in the Self-Registration page for creation of the Account(s).
1.2 Pick reserves the right to request the Applicant for any additional information.
1.3 Pick may authorise a third party to undertake additional checks designed to help verify the identity or background of the Organisation and screen the Organisation against third party databases or other sources.
1.4 Pick reserves all rights to deny or restrict access to the Portal to any particular person, or to block access from a particular internet address to the Portal, at any time, without having to give any reason or prior notice thereof.
1.5 Accounts that are dormant for a continuous period of six (6) to twelve (12) months may be suspended or terminated without prior notice to the Organisation.
1.6 In any event, Pick reserves the right, in its sole discretion, to refuse registration of, approve, suspend or remove the Account(s) without any notification to the Applicant.
2.1 Pick has the right and is entitled to schedule the maintenance, update and/or upgrade of the Portal, Interoperability Platform, and lockers in the Locker Network without any prior notice to the Organisation.
3.1 By using the Portal, Pick grants to the Organisation a limited, non-exclusive, non-transferrable, non-assignable and revocable license for the purpose of using the Portal to access the Services upon creation of the Account(s).
3.2 The subscription shall commence upon the creation of the Account.
3.3 Charges related to subscription, membership, credits, locker usage and Interoperability Platform are in accordance with the fee schedule on Pick's Website or the Portal.
4.1 The Organisation shall be solely responsible for the accuracy and completeness of the Data provided when using the Portal to access the Services.
4.2 The Organisation agrees that any Data provided when using the Portal to access the Services does not and will not violate any Applicable Law, including the Personal Data Protection Act 2012 , and its accompanying subsidiary legislation (PDPA), or infringe the rights of any third party.
4.3 The Organisation shall ensure that its employees, officers and agents and those of its Subcontractors or agents who are or may be involved in the execution of obligations under the Terms of Use comply with PDPA at all times.
4.4 By providing the Data, Organisation shall grant Pick an exclusive, irrevocable right to maintain, backup, archive, restore the Data for the purposes of operating, developing, providing the Portal and business continuity purposes.
4.5 The Organisation also agrees to grant Pick the right to share the Data with Pick's appointed third party for the purpose of data analysis in connection with the use of the Portal.
4.6 Nothing in the Terms of Use shall restrict other legal rights Pick may have on the Data. Pick reserves the right to remove any Data from the Portal at any time without any prior notice, if Pick believes the Organisation has violated the Terms of Use and Privacy Policy.
5.1 The Organisation shall be solely responsible for the access, use or administration of their Account(s) and/or any Authorised User(s). In particular,
a. The Organisation shall ensure that it does not share their login credentials, and/or any passwords or OTPs in connection with the use of the Account(s).
b. The Organisation shall comply with all instructions and Guidelines issued by Pick, whether through the Portal, or Pick's Website.
5.2 Whilst Organisation may permit such Authorised Users access to the Portal, the Organisation shall remain fully liable under the Terms of Use for all the acts of their Authorised Users. Accordingly, a default of the Terms of Use by any Authorised Users shall be deemed a default by the Organisation, jointly and severally.
5.3 Pick will not be liable for any misuse, unauthorised usage, loss or damage arising from the Organisation's failure to comply with the Terms of Use.
5.4 The Organisation shall, as soon as reasonably practicable, and in any case within six (6) hours from the receipt of a request from Pick and/or the Security Agencies, provide Pick with the Authorised Users Data (including but not limited to the Authorised User's name, NRIC, FIN and mobile number) where permitted or required by Applicable Law, a court of competent jurisdiction or any governmental authority.
5.5 The Organisation hereby agrees that they shall not:
a. whether in whole or in part, modify, reverse-engineer, decompile, adapt, publish, redistribute, sublicense or interfere with or intercept any transaction which is part of the Portal that are provided by Pick (including but not limited to any authentication systems and password issuance/ Account reset services);
b. reproduce or make any copies of the Portal, including its design and layout or any software therein;
c. remove, circumvent, impair, bypass, disable or otherwise interfere with security-related features of the Portal, including but not limited to any features that:
i prevent or restrict access or use of any particular functionalities or features of the Portal;
ii prevent or restrict the access or use of any Account or Authorised User that does not belong to the Organisation;
d. misrepresent or make false or misleading claims regarding the ownership or source of the Portal;
e. use the Portal for any illegal activity, or unlawful purposes;
f. use any Device, software, exploits, or routine (including, but not limited to, any viruses, Trojan horses, worms, time bombs, robots, spider, data-mining or data scraping tools or cancel bots) intended to damage or interfere with the proper operation of the Portal or to intercept or expropriate any Data / Contents from the Portal;
g. transmit or upload viruses, worms, defects, Trojan horses, malware or any other items that may introduce security vulnerabilities to the Portal;
h. use the Portal in any manner that could damage, disrupt, disable, overburden, or impair the operation of the Portal; or impose an unreasonable or disproportionately large load on the systems and servers used in the provision of the Portal;
i. use the Portal to access data not intended for the Organisation.
5.6 The Organisation shall notify Pick immediately of any compromised or unauthorised use of their Account(s) or Authorised User(s).
5.7 The Organisation shall be solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Portal.
6.1 The Terms of Use do not give any person or Organisation who is not a party to it any right under the Contracts (Rights of Third Parties) Act 2001 to enforce the Terms of Use.
7.1 Other than the Data,
a. Pick and its licensors own all the intellectual property rights and materials contained in the Portal under the Terms of Use, including but not limited to the design and layout, information, text, images, photographs, video, graphics as well as any software programs available ('Contents');
b. All rights, title and interest in the Contents are owned by, licensed to, or controlled by Pick;
c. Pick reserves the right, in its sole and absolute discretion, to modify or delete any Contents, stored or posted in the Portal, and/or to modify or update the Portal from time to time.
7.2 No such licence or right in the Contents is granted to the Organisation, except solely for and limited to the purpose under Clause 3.1 above.
8.1 Except insofar as otherwise provided within the Agreement, in no event shall Pick, nor any of its staff, directors and employees, be held liable for any Losses arising out of or in any way connected with the Organisation's use of the Portal to access the Services. For the avoidance of doubt, Losses herein include any direct, indirect, punitive, economic, special, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, opportunity, revenue, or profits).
8.2 Pick shall not be liable for any Losses except when such Losses are caused by (a) Pick's gross negligence or wilful misconduct; or (b) a breach of confidentiality obligations. In any event, Pick's liability for any Losses, or any cause of action arising out of or relating to the terms and conditions of the Agreement, shall not exceed the lesser of the sum of the reasonable value of the Parcel to which the claim relates, and $60.00.
8.3 The Organisation hereby fully indemnifies Pick and holds Pick harmless from and against any and/or all claims, liabilities, costs, demands, causes of action, damages and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by Pick however arising directly or indirectly from:
a. the Organisation's access to or use of the Portal;
b. the Organisation's breach of any of the provisions of the Terms of Use, or
c. the Organisation's violation of any rights of another in connection with the use of the Portal.
8.4 The use of the Portal is provided as is, and Pick expresses no representations or warranties on the truth, accuracy, adequacy, reliability, completeness, reasonableness, currency or timeliness, or of any kind related to the Portal or the materials contained on the Portal.
8.5 Under no circumstances shall Pick be liable for any failure of performance, system, server or connection failure, interruption, defect, error, omission, delay in operation or transmission, breach of security, malicious code, computer virus or inability or unavailability to use or access in connection with the Organisation's use of the Portal to access the Services, even if Pick had been advised as to the possibility of the above.
9.1 If any clause in the Terms of Use is held to be invalid or unenforceable, then the Terms of Use, including all of the remaining clauses, will remain in full force and effect as if such invalid or unenforceable clause had never been included.
10.1 Pick shall have the rights to revise the Terms of Use at any time as it sees fit.
10.2 By continuing to access or use the Portal after the revisions become effective, the Organisation is deemed to have accepted the revised Terms of Use.
11.1 Pick is allowed to assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification. However, the Organisation is not allowed to assign, transfer, or subcontract any of their rights and/or obligations under the Terms of Use.
12.1 Notwithstanding any provision in these Terms of Use, if Pick is requested by the Security Agency to suspend any part or all of its operations due to any suspected, threatened, or actual security incident, Pick may immediately suspend the use of the Portal with immediate effect without prior notice.
12.2 Pick may at its absolute discretion immediately suspend or terminate the Organisation's access to and/or use of the Portal in the event of any actual or suspected breach of any provisions under the Terms of Use, with or without notice at any time and without any liability whatsoever to the Organisation or any third party. In this instance, Pick reserves the right to remove and discard Data belonging to the Organisation's Account(s). Any suspected fraudulent or illegal activity that may be grounds for such suspension or termination may be referred to the appropriate law enforcement authorities at Pick's discretion.
12.3 Notwithstanding Clause 12.2, if the Organization has no activity on the Portal for a continuous period of six (6) to twelve (12) months, Pick may at its absolute discretion suspend or terminate the Organisation's access to the Portal without prior notice to the Organisation.
12.4 The Organisation shall provide Pick in writing the intent to terminate the Terms of Use by providing Pick with at least 30 calendar days' prior notice. Should Pick decides to cease operating the Portal, Pick shall provide at least 30 calendar days' prior notice.
12.5 Clauses 4.5, 4.7, 6, 8 and 13 and any clause by implication is intended to come into force or continue in force shall survive the termination or expiry of these Terms of Use.
13.1 Each Party undertakes that it shall not at any time disclose to any third party any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party (including but not limited to a Party's operations, processes, plans, product information, know-how, trade secrets, market opportunities, customers or other proprietary information) (Confidential Information), except as expressly permitted under Clause 13.2.
13.2 Each Party may disclose the other Party's Confidential Information:
a. to its employees, officers, representatives or advisers on a need-to-know basis for the purposes of carrying out the Party's obligations under the Terms of Use, provided that such Party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other Party's Confidential Information comply with this Clause 13.2; and
b. if required by Applicable Law, rules of securities exchange, a court of competent jurisdiction or any governmental authority.
13.3 If a disclosure of the other Party's Confidential Information is contemplated under the Terms of Use, the Party responsible for the disclosure shall immediately notify the other Party of such requirement prior to such disclosure unless such disclosure is prevented by any Applicable Law, rules of securities exchange, a court of competent jurisdiction or any governmental authority.
13.4 For the avoidance of doubt, the receiving Party shall not be required to treat information acquired by it that is either known to the general public or to the industry, or known to, or in the possession of, the receiving Party prior to disclosure by the disclosing Party as Confidential Information.
13.5 No Party shall use the other Party's Confidential Information for any purpose other than to perform its obligations under the Terms of Use or as required by Applicable Law.
14.1 Notwithstanding anything in the Terms of Use, in the event of any dispute, claim, question or disagreement arising out of or relating to the Terms of Use, no Party shall proceed to litigation or any other form of dispute resolution UNLESS the Parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre.
14.2 A Party who receives a notice for mediation from the other Party shall consent and participate in the mediation process in accordance with Clause 14.1.
14.3 The Party's failure to comply with Clause 14.1 or 14.2 shall be deemed a breach of the Terms of Use.
15.1 The Terms of Use will be governed by and construed in accordance with the laws of the Republic of Singapore.
15.2 Any dispute arising out of or in connection with the Terms of Use, including any question regarding its existence, validity or termination, shall, subject to complying with Clause 14, be referred to and finally resolved in the Courts of the Republic of Singapore and the Parties hereby submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.
16.1 The Terms of Use constitute the entire contract between Pick and the Organisation in relation to the use of the Portal.
17.1 In this Terms of Use, unless the context otherwise requires, the following terms shall have the definitions set out below.
a. "Account" means a record created in Pick's systems, with the information provided by an Applicant during the registration process and any additional information requested by Pick during the approval process, which allows the Organisation access to the Services.
b. Agreement means the Terms of Use, Terms for Lockers and Privacy Policy as may be amended, modified or supplemented from time to time in accordance with the terms hereof.
c. Applicant means the person registering for the Account(s) for and on behalf of a Organisation that he or she represents, and the Organisation warrants that he or she has the requisite power and authority to bind such Organisation to the Terms of Use.
d. Authorised User(s) refers to a person or persons who can be an employee, agent or sub-contractor granted permission by the Organisation to manage and access the Organisation's Account(s) for the purposes of delivering or retrieving parcels to or from Pick Lockers.
e. Applicable Law refers to any laws and any other instruments, subordinate legislation having the force of law in Singapore, including any applicable statute, ordinance, notification, decree, regulation, by-law, rule, circular, directive, licence, consent, permit, authorisation, concession, guideline, code or other approvals issued by the relevant government or regulatory authority with appropriate jurisdiction in Singapore.
f. Confidential Information has the meaning given to it in Clause 13.1.
g. Clause or Annex is to a clause of or annexure to the Terms of Use.
h. "Device" means a server, computer, laptop, mobile phone, smartphone, tablet, phablet, gaming console or other device from which the Portal can be accessed and used.
i. Data means any data, including but not limited to text, images or materials, and/or Personal Data, that the Organisation provides to Pick for the creation of the Account(s), via the Portal, or that Pick may receive through third parties.
j. "Guidelines" means any additional terms, instructions, guidelines, directions and/or policies issued by Pick from time to time.
k. Interoperability Platform refers to the information exchange platform designated to facilitate the open access across heterogeneous locker networks among different stakeholders (including but not limited to Marketplaces, Merchants, Logistics Service Providers and Locker Operators).
l. Locker Network means the collective network of locker stations within Singapore comprising of locker stations that are operated by Pick and access has not been restricted by the locker station owner(s).
m. "Intellectual Property Rights" means any and all rights existing from time to time, whether existing now or in the future, under any trademark law, copyright law, patent law, trade secret law and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, or capable of protection in any relevant country in the world.
n. Organisation includes any individual, company, association or body of persons, corporate or unincorporated, whether or not (i) formed or recognised under the law of Singapore; or (ii) resident, or having an office or a place of business in Singapore.
o. Parties means collectively Pick and the relevant Organisation, and a Party means any of them.
p. "Personal Data" shall have the meaning of personal data as set out in the PDPA.
q. "Pick" means Pick Network Pte Ltd.
r. Security Agencies refers to the security agencies responsible for the security and safety of Singapore, including Ministry of Defence, Ministry of Home Affairs, SPF and Singapore Civil Defence Force.
s. "Services" means the services to book or reserve the lockers in the Locker Network, and all other related services offered by Pick through the Portal.
t. Subcontractor means any person, firm or company furnishing goods and services, intellectual property or technical information directly or indirectly to the Organisation through one or more persons, firms or companies.
u. Website shall include www.picknetwork.com, www.lockeralliance.net, send.picknetwork.com & partner.lockeralliance.net, their subpages, or such URLs as may be updated in the future.
17.2 Headings are for convenience only and do not affect interpretation. The following rules of interpretation apply unless the context requires otherwise.
a. The singular includes the plural and conversely.
b. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.
c. A reference to 'writing' includes electronic transmissions like facsimile, email and any means of reproducing words in a tangible and permanently visible form.
18.1 No delay in enforcing any provision of these Terms of Use shall be construed to be a waiver of any rights under that Clause.
18.2 Any notice that Pick intends to give to the Organisation may be carried out by sending such notice to the contact information that the Organisation may have provided with through the Pick's Website or otherwise. The Organisation is deemed to have received notice of the same upon Pick posting and/or sending such notice to the Organisation as stated above.