Terms of Use
justSEND Application and all related software/systems
The terms and conditions set out in this terms of use (“Terms of Use”) governs the use by you (the “User”) of the justSEND application on our Websites and all related software/systems , mobile applications, and any other platforms (collectively defined as the “JustSend App”) to access the Services made available by Pick. These Terms of Use shall apply to all visits to this JustSend App, both now and in the future.
By proceeding to use the JustSend App to access the Services, the User 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 User.
If the User disagrees with these Terms of Use, please do not use the JustSend App .
By using the JustSend App to access the Services, the User also agrees that it shall comply with:
(a) The Services privacy statement (“Privacy Policy”) as set out therein [insert hyperlink here to the Privacy Statement];
(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 [insert hyperlink here to the Terms and Conditions for Lockers]; and
(c) Guidelines that may be issued by Pick on the use of the JustSend App from time to time.
2.1 Pick has the right and is entitled to schedule the maintenance, update and/or upgrade of the JustSend App, and lockers in the Locker Network without any prior notice to the User.
3.1 By using the JustSend App, Pick grants to the User a limited, non-exclusive, non-transferrable, non-assignable and revocable license for the purpose of using the JustSend App to access the Services.
3.2 Intentionally Left Blank
3.3 Charges related to subscription, membership, credits, locker usage and other all other supporting services are in accordance with the fee schedule on Pick’s Website or the JustSend App.
3.4 For any post-paid Services, Pick shall invoice the User on a monthly basis and the User shall pay the amounts due within thirty (30) days of receipt of each invoice. As Pick is GST registered, the User agrees that Pick shall be entitled to charge GST in using the Services and in using the JustSend App to access the Services. The invoices shall also specify any Goods and Services Tax (“GST”) payable by the User and specify Pick’s bank details or any other payment instructions, as appropriate. All invoices shall be drawn and all payments to Pick shall be made in Singapore Dollars.
3.5 The computation of fees shall be done in accordance with Service Provider’s systems. Save for manifest error(s) as evidenced by the User’s provision of all relevant supporting documents and records and which shall be notified to the Service Provider by no later than 7 days from the invoice date, the Service Provider’s record shall prevail over any other record and shall be taken as final and conclusive.
3.6 The User shall promptly pay all amounts due to the Service Provider on or before the due date stated in each invoice. If the User fails to make payment on or before the due date, the User shall pay interest at the rate of 12% per annum on the unpaid amount from the due date until the date of payment.
4.1 The User shall be solely responsible for the accuracy and completeness of the Data provided when using the JustSend App to access the Services.
4.2 The User agrees that any Data provided when using the JustSend App 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 (collectively “PDPA”), or infringe the rights of any third party.
4.3 The User shall ensure that they, and their representatives who are or may be involved in the execution of obligations under the Terms of Use, shall comply with PDPA at all times.
4.4 For online payments, the User consents to disclose any and all Data to facilitate the payment process. The User consents and agrees that Pick shall have the right to provide such Data to third-party payment service providers, including the transfer of such Data to third-party payment service providers in other countries.
4.5 By providing the Data, the User shall grant Pick an exclusive, irrevocable right to collect, use, maintain, backup, archive, restore the Data for the purposes of operating, developing, enhancing, providing the JustSend App to access the Services and/or business improvement/ continuity purposes.
4.6 The User also agrees to grant Pick the right to disclose or share the Data with Pick’s appointed third parties, including any logistics service providers and payment service providers for the purpose of provision of the Services and/or in connection with the use of the JustSend App.
4.7 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 JustSend App at any time without any prior notice, if Pick believes the User has violated the Terms of Use and Privacy Policy.
5.1 The User may make online payment to Pick’s Subcontractors, such as QR code payments to third-party payment service providers, in connection with the use of the JustSend App to access the Services (“Payment Instructions”). In doing so, the User consents and agrees that:
a. It is the User’s sole responsibility to ensure that all the Payment Instructions provided to facilitate the payment process are correct, complete and accurate.
b. It allows the Pick’s Subcontractors to collect, use, and disclose the Payment Instructions as reasonable and reasonable time is required to process the Payment Instructions.
c. The Payment Instructions provided shall be treated as final and Pick (and its Subcontractors) shall not be required to verify the Payment Instructions with the User.
d. The User shall ensure that the sufficient funds are maintained in its designated bank account. Nonetheless, the User agrees to pay or allow Pick (and its Subcontractors) to deduct from its designated bank account all fees and charges (if any) associated with the Payment Instructions.
e. Pick (and its Subcontractors) are not liable for any loss and damages suffered by the User in relation to and/or arising out of the processing of the Payment Instructions. This includes events where Pick (and its Subcontractors) are unable to process or complete any Payment Instructions initiated by the User for any reason or circumstances beyond its control.
f. If the User sends the payment to a wrong party or sent a wrong amount, Pick (and its Subcontractors) shall not be liable to reimburse any payment or reverse any transaction that the User has made as a result of its error or negligence.
g. The QR code/links provided for the purpose of making the online payment are provided as a courtesy only, and QR code/the sites they link to are not under Pick’s control in any manner whatsoever. Therefore, Pick is in no manner responsible for the contents of any such QR code/linked site or any link contained within a linked site, including any changes or updates to such QR code/sites.
h. Pick reserves the right to make changes to, or provide any other modes of, online payment at any time, without notice.
6.1 The User shall be solely responsible for the access and use of the JustSend App. In particular,
a. The User shall ensure that their login credentials, and/or any passwords or OTPs are not shared in connection with the use of the JustSend App.
b. The User shall comply with all instructions and Guidelines issued by Pick, whether through the JustSend App, or Pick’s Website.
6.2 Whilst User may permit their representatives to use the JustSend App on behalf of the User, the User shall remain fully liable under the Terms of Use for all the acts of their representatives. Accordingly, a default of the Terms of Use by any representatives of the User shall be deemed a default by the User, jointly and severally.
6.3 Pick will not be liable for any misuse, unauthorised usage, loss or damage arising from the User’s failure to comply with the Terms of Use.
6.4 The User 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 representatives’ Data (including but not limited to the representative’s name, NRIC, FIN and mobile number) where permitted or required by Applicable Law, a court of competent jurisdiction or any governmental authority.
6.5 The User 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 JustSend App that are provided by Pick (including but not limited to any authentication systems and password issuance/ reset services);
b. reproduce or make any copies of the JustSend App, including its design and layout or any software therein;
c. remove, circumvent, impair, bypass, disable or otherwise interfere with security-related features of the JustSend App, including but not limited to any features that:
i prevent or restrict access or use of any particular functionalities or features of the JustSend App;
ii prevent or restrict the access or use of the JustSend App;
d. misrepresent or make false or misleading claims regarding the ownership or source of the JustSend App;
e. use the JustSend App 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 JustSend App or to intercept or expropriate any Data / Contents from the JustSend App;
g. transmit or upload viruses, worms, defects, Trojan horses, malware or any other items that may introduce security vulnerabilities to the JustSend App;
h. use the JustSend App in any manner that could damage, disrupt, disable, overburden, or impair the operation of the JustSend App; or impose an unreasonable or disproportionately large load on the systems and servers used in the provision of the JustSend App;
i. use the JustSend App to access data not intended for the User.
6.6 Intentionally Left Blank
6.7 The User shall be solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the JustSend App.
7.1 The Terms of Use do not give any person or User who is not a party to it any right under the Contracts (Rights of Third Parties) Act 2001 to enforce the Terms of Use.
8.1 Other than the Data,
a. Pick and its licensors own all the Intellectual Property Rights and materials contained in the JustSend App 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 JustSend App, and/or to modify or update the JustSend App from time to time.
8.2 No such licence or right in the Contents is granted to the User, except solely for and limited to the purpose under Clause 3.1 above.
9.1 Except insofar as otherwise provided within the Agreement, in no event shall Pick, nor any of its staff, directors and employees, and its Subcontractors (including any third party payment service providers) be held liable for any Losses arising out of or in any way connected with the User’s use of the JustSend App to access the Services. For the avoidance of doubt, “Losses” herein include any direct, indirect, punitive, economic, special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, opportunity, revenue, anticipated savings, business reputation or goodwill, or profits).
9.2 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 Service to which the claim relates, and $60.00.
9.3 The User 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 User’s access to or use of the JustSend App;
b. the User’s breach of any of the provisions of the Terms of Use, or
c. the User’s violation of any rights of another in connection with the use of the JustSend App.
9.4 The use of the JustSend App 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 JustSend App or the materials contained on the JustSend App.
9.5 Under no circumstances shall Pick, nor any of its staff, directors and employees, and its Subcontractors (including any third party payment service providers) 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 User’s use of the JustSend App to access the Services, even if Pick and its Subcontractors (including any third party payment service providers) had been advised as to the possibility of the above.
10.1 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.
11.1 Pick shall have the rights to revise the Terms of Use at any time as it sees fit.
11.2 By continuing to access or use the JustSend App after the revisions become effective, the User is deemed to have accepted the revised Terms of Use.
12.1 Pick is allowed to assign, transfer, and subcontract its rights and/or obligations under the Terms of Use without any notification. However, the User is not allowed to assign, transfer, or subcontract any of their rights and/or obligations under the Terms of Use.
13.1 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 JustSend App and any other Services with immediate effect without prior notice.
13.2 Pick may at its absolute discretion immediately suspend or terminate the User’s access to and/or use of the JustSend App 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 User or any third party. In this instance, Pick reserves the right to remove and discard Data belonging to the User. 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.
13.3 Intentionally Left Blank
13.4 Intentionally Left Blank
13.5 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.
14.1 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 14.2.
14.2 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 14.2; and
b. if required by Applicable Law, rules of securities exchange, a court of competent jurisdiction or any governmental authority.
14.3 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.
14.4 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.
14.5 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.
15.1 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.
15.2 A Party who receives a notice for mediation from the other Party shall consent and participate in the mediation process in accordance with Clause 15.1.
15.3 The Party’s failure to comply with Clause 15.1 or 15.2 shall be deemed a breach of the Terms of Use.
16.1 The Terms of Use will be governed by and construed in accordance with the laws of the Republic of Singapore.
16.2 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 15, 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.
17.1 The Terms of Use constitute the entire contract between Pick and the User in relation to the use of the JustSend App.
18.1 In this Terms of Use, unless the context otherwise requires, the following terms shall have the definitions set out below.
a. “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.
b. “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.
c. “Confidential Information” has the meaning given to it in Clause 14.1.
d. “Clause” means a clause of the Terms of Use.
e. "Device" means a server, computer, laptop, mobile phone, smartphone, tablet, phablet, gaming console or other device from which the JustSend App can be accessed and used.
f. “Data” means any data, including but not limited to text, images or materials, and/or Personal Data, that the User provides to Pick when using the JustSend App, or that Pick may receive through third parties.
g. "Guidelines" means any additional terms, instructions, guidelines, directions and/or policies issued by Pick from time to time.
h. "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.
i. "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).
j. “Parties” means collectively Pick and the relevant User, and a “Party” means any of them.
k. "Personal Data" shall have the meaning of “personal data” as set out in the PDPA.
l. "Pick” means Pick Network Pte Ltd.
m. “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.
n. "Services” means the ordering of locker usage with bookings or reservations for the lockers in the Locker Network, ordering of delivery services and all other related support and operational services offered by Pick through the JustSend App.
o. “Subcontractor” means any person, firm or company furnishing goods and services, intellectual property or technical information directly or indirectly to the User through one or more persons, firms or companies.
p. “User” includes any individual, and their representative, 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.
q. “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.
18.2 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. Intentionally Left Blank
19.1 No delay in enforcing any provision of these Terms of Use shall be construed to be a waiver of any rights under that Clause.
19.2 Any notice that Pick intends to give to the User may be carried out by sending such notice to the contact information that the User may have provided with through the Pick’s Website or otherwise. The User is deemed to have received notice of the same upon Pick posting and/or sending such notice to the User as stated above.