1.
INTRODUCTION
1.1
Welcome to Crosstrack!
1.2
This page together with the documents expressly referred to on it and our Privacy Policy, Terms of Website Use and Website Acceptable Use Policy tells you information about us and the legal terms and conditions (the “Terms”) on which we sell any of the products or services (the “Services”) listed on our website (the “Site”) to you.
1.3
These Terms will apply to any contract between us for the sale of Services to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.
1.4
Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our site.
1.5
We amend these Terms from time to time as set out in clause 25.6. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 30-Nov-2014.
1.6
These Terms, and any contract between us, you and the Courier, are only in the English language.
2.
DEFINITIONS
2.1
The following words with capital letters are used in these Terms and the definitions are as follows:
Crosstrack refers to us, Crosstrack Pte Ltd (Co. Reg. No. 201317320R), a company incorporated in Singapore, having its registered address at [registered address].
Customer refers to you, an individual or business, who has engaged the Services of Crosstrack and the Courier with regard to a Consignment.
Consignee refers to the person to whom the specified Parcel or item is to be delivered;
Consignment refers to the Customer’s order for the delivery of the Parcel.
Courier refers to the person who delivers the specified parcel or item;
Parcel refers to the object of the Consignment and it includes the box, the items within the box and any other thing attached to it, which is to be delivered to the Consignee.
Event Outside Our Control is further defined under clause 24.
2.2
When we use the words “writing” or “written” in these Terms, this will include correspondences by e-mail unless it is indicated otherwise.
2.3
Words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders.
2.4
Headings are for reference only and do not affect the meaning or interpretation of these Terms.
2.5
Any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
3.
CROSSTRACK’S ROLE
3.1
Crosstrack aims to provide a venue for Couriers and Customers to interact with each other and complete transactions. While Crosstrack will assist to facilitate transactions that are carried out using the Services, Crosstrack is not a delivery company and the Couriers are not our servants or agents. Similarly, Crosstrack is not an agent of the Couriers and Customers.
3.2
Accordingly, the contract formed at the completion of the Consignment form is solely between the Courier and the Customers. Crosstrack is not obliged to mediate between Couriers and Customers or execute the completion of any delivery.
3.3
As Crosstrack is committed to providing a safe shopping experience, we have rules and regulations which will ensure that the Couriers can keep up to the best service standards similar to those in the postal and delivery industries.
4.
REGISTRATION & ELIGIBILITY OF OUR COURIERS
4.1
To qualify as a Courier on our Site, you need to complete a registration form, which can be submitted online on our website at
http://crosstrack.sg/signup/.
4.2
We may require our Couriers to place a deposit of one-hundred Singapore dollars (S$100.00).
5.
REGISTRATION OF CUSTOMERS
5.1
To place a Consignment, you need to register an account with us and pay for the placement using a valid credit or debit card or PayPal account, or credits purchased from our Site. You may, however, browse through our Services and Site without creating an account.
6.
HOW A CONSIGNMENT IS MADE
6.1
The Customer will post a Consignment stating the details of the delivery and the estimated amount payable. The Couriers will be notified through our Services and they will indicate their interest and bid for the Consignment. Through our Services, the Customer will choose from the list of interested Couriers to carry out the delivery.
6.2
In the event where the Customer has not chosen a Courier within the bidding time, the system will automatically assign a Courier with the highest service ratings.
6.3
And in the event where no bids were made by the Couriers within the bidding time, the Consignment will expire and a notification will be made to the Customer through email.
7.
THE CONTRACT BETWEEN THE COURIER AND THE CUSTOMER
7.1
After the Customer places a Consignment, our System will notify and invite the Couriers to place their bids for the Consigment. Once a Courier is selected by us or the Customer, the details of the Consignment will be forwarded to the Courier. At this point in time, a contract between the Courier and the Customer is concluded.
8.
CANCELLATION OF CONSIGNMENTS
8.1
For cancellations prior to the conclusion of the contract (described in clause 7.1), an administration fee of S$0.10 will be charged against the Customer.
8.2
For cancellations after the conclusion of the contract (described in clause 7.1), both parties must come to an agreement for the cancellation. We may charge 50% of the Consignment Fee against the Customer as payment to the Courier.
8.3
For cancellations after the conclusion of the contract (described in clause 7.1), and after the collection of the Parcel by the Courier, we may charge 100% of the Consignment Fee against the Customer as payment to the Courier.
8.4
For cancellation due to late pick up or any fault attributable to the Courier, please refer to clause 16.
8.5
Any changes to the fees, location, timing or any other materially relevant details of the Consignment must be mutually agreed upon by the Parties.
9.
DELIVERY NOTES
9.1
At your request, the Courier may sign a document prepared by the Customer acknowledging receipt of a Consignment, but this document is not evidence of the condition of the Consignment and its contents, or that the Consignment is not goods that we do not accept for carriage or that it does not contain any dangerous or prohibited goods.
10.
RIGHTS OF OUR COURIER
10.1
You agree that our Couriers, or any governmental authority, may open and inspect the Consignment at any time.
10.2
Our Couriers may refuse the delivery of a Consignment if they have reasons to believe that the parcels contains items mentioned in clause 11, or items which are against the law and/or any regulations, or items which are dangerous.
11.
PROHIBITED GOODS
11.1
This is a non-exhaustive list of Prohibited Parcels, which may be updated from time to time:
(a) Explosives, poisons, radioactive material, compressed gas, corrosive, firearms, flammables and any item which by its nature can potentially cause damage to other items or expose regulatory and customs officers to injury;
(b) Live goods, i.e. living animals and plants e.g. bees, leeches, silkworms, orchids and roses;
(c) Narcotics and psychotropic substances;
(d) Obscene or immoral articles/materials;
(e) Coins, bank notes, currency notes, travellers' cheques; securities of any kind payable to bearer are to be sent via insured post only.
(f) Platinum, gold or silver, precious stones; jewels, passports and other valuable articles.
(g) Items/Goods which has a value above S$2,000.00.
11.2
If you wish to deliver medications and/or laboratory samples, please notify us in writing and we may, at our sole discretion, allow the consignment to proceed.
12.
LOCAL DELIVERY
12.1
All consignments arranged by Crosstrack shall only be for locations within the mainland of the Republic of Singapore. Our Couriers are advised against delivering Parcels to the following places:
• ALPS
• Jurong Island
• Cargo Complex
• Airline House
• Military Area
• University
• Hospital
• Sentosa
• Airport Terminal
• Embassy
12.2
You are encouraged to check with our customer service officers and the selected Couriers before completing your Consignment Order.
12.3
Deliveries to post office box numbers are not accepted, except in limited situations. Our mode of delivery is currently advised to be By Hand, or By Way of Leaving at the address.
13.
PERFORMANCE OF THE CONTRACT
13.1
Once a contract is concluded between the Courier and the Customer, the Courier must within the stipulated timeline, collect and deliver the Parcel to the location and/or the Consignee.
13.2
For deliveries made by hand to the Consignee, the Consignee will be asked to sign or acknowledge receipt of the goods. The signature or acknowledgement shall serve as the Proof of Delivery, which discharges the Courier from his obligations.
13.3
For deliveries to address of consignee by way of leaving, due to there being no Consignee (or his representatives) at the address, the Courier will notify you by a phone call or a message. Upon your instructions, the Courier will leave the Parcel at the address. The message or reply by you shall serve as the Proof of Delivery.
13.4
If there are no instructions provided to the Courier, he may leave a notice at the address of the Consignee, informing the Consignee to contact us for a re-delivery. If a Consignee fails to contact us or the Courier within a considerable length of time, the notice served at the address shall discharge the Courier from his obligations.
13.5
If the Consignee refuses to accept delivery of the Consignment, the Courier will return the Consignment to you. Upon your receipt of the returned Consignment, you will be asked to sign or acknowledge receipt of the goods.
13.6
We and the Courier reserve the right to require payment of further charges should you request that the Consignment is returned to you or re-delivered to the Consignee. If we or the Courier cannot contact you or you do not respond to our correspondence, we may dispose of the Consignment or destroy them in accordance to clause 20. The Consignment shall be held by us at your sole risk prior to our disposal or sale.
13.7
You should inform the Consignee to expect the Consignment in advance. The Customer should provide the Courier with the contact number of the Consignee, and the preferred timings of the delivery.
14.
SPECIAL DELIVERY INSTRUCTIONS
14.1
Please contact us if you have any special and/or peculiar delivery instructions. Otherwise, the Consignment and contract between you and the Courier will not include the terms of any special requirements.
14.2
We reserve the right to reject your request if we deem that our Couriers are unable to perform the delivery.
15.
INCORRECT ADDRESS
15.1
If our Couriers are unable to deliver the Parcel because of an incorrect address, our Couriers will make all reasonable efforts to find the correct address. We will notify you of the correction and deliver or attempt to deliver the Parcel to the correct address subject to additional charges.
16.
OUR COURIER’S LIABILITY / CLAIMS FOR COMPENSATION
16.1
Our Courier’s liability to the Customer for each instance of loss or damage or anything else other than late delivery is limited to, whichever is lesser of, one-hundred Singapore dollars (S$100.00) or the cost of repairing the damaged Parcel, or the value of the lost or damaged Parcel.
16.2
Our Courier’s liability to the Customer for Late Delivery is limited to refunding of the Consignment Fee.
16.3
If you believe that our Couriers have damaged your Parcel then you must notify us, in writing or by e-mail, within seven (7) days from the date of delivery, stating your Consignment Number.
16.4
Any claim brought the Customer against Crosstrack and/or the Courier, in respect of duties and liabilities must be notified by the Customer to Crosstrack, in writing, within seven (7) days from the day when the Consignment should have reached their destination. No claims may be made against Crosstrack and/or the Courier outside this time limit.
16.5
We may ask you to provide us with evidence and information to back up your claim for compensation. For the case of alleged damage, the Customer must show that the Parcel, its packaging and the contents were inspected by the Courier prior to delivery.
17.
LIMITATION OF LIABILITY
17.1
We, or our couriers do not accept liability for loss or damage or late delivery where the Parcel involved is the type we do not accept for delivery or the Parcel involved is a Prohibited Parcel.
17.2
Any Compensation paid out in clause 16 shall be the full extent of our Courier’s liability to you for loss or damage or late delivery.
17.3
Our Couriers will not be liable to the Customer nor pay any Compensation for loss or damage that is caused by:
(a) any latent or inherent defect in the Parcel or its contents;
(b) any natural deterioration of the contents of the Parcel;
(c) inadequately packaged Parcels (including poor package orientation graphics);
(d) incorrectly addressed Parcels;
(e) any Event Outside Our Control;
17.4
As our Couriers cannot test whether any electrical or electronic equipment that you provide to our Couriers in a Parcel is functioning properly before delivery, our Couriers will not be liable for:
(a) any damage to the electrical or electronic equipment; and
(b) any loss of or damage to the data on the electrical or electronic equipment
17.5
Our Couriers will not be liable to you for Late Delivery if it is due to:
(a) a Parcel being inadequately packaged;
(b) a Parcel being incorrectly addressed;
17.6
Nothing in this clause affects your statutory rights or limits or excludes our Courier’s liability for:
(a) death or personal injury resulting from their negligence;
(b) any damage or liability that you incur as a result of our Courier’s or our fraud or fraudulent misrepresentation
18.
PAYMENT
18.1
The Customer must pay to place a Consignment on our Site using a valid PayPal account or any major credit or debit card accepted on the Site under the Terms published on the Site at the time of processing. The Customer may also purchase credits from the Site to pay for the placement of Consignments.
18.2
After the PayPal account, credit or debit card, charged is approved, the Consignment is deemed to be confirmed and the Courier is obliged to pick up and deliver the Consignment to the Consignee.
19.
STORAGE OF UNDELIVERED PARCELS / ADDITIONAL EXPENSES
19.1
After a Consignment is confirmed, if we cannot contact you or the Consignee for further instructions on re-deliveries, the Consignment shall be held by us at your sole risk.
19.2
We reserve the right to impose storage charges on the Consignment on a per-day basis.
20.
RIGHT TO WITHHOLD AND/OR DISPOSE GOODS
20.1
We and the Couriers shall have a lien on all consignments carried for you for any amount due to us or the Couriers whether pursuant to the Contract or otherwise and for the cost of recovering the same.
20.2
If the amounts owing to us or the Couriers in respect of which it has a lien are not satisfied within a reasonable time of the commencement of delivery, we and/or the Couriers shall be at full liberty, at our discretion to:
(a) Sell the goods either privately or by auction and to apply the proceeds of any such sale in or towards any monies owing to us or the Courier and the expense of the sale and shall account to you for the balance remaining if any; or
(b) Destroy the goods if any sale is impractical in our opinion due to the value or saleability of the goods in question
20.3
And such sale or destruction as the case may be shall a full discharge of any liability of us or the Couriers in respect of the goods.
21.
RIGHT TO TERMINATE/CANCELLATION
21.1
Our Couriers may terminate the contract and we may terminate your Account as soon as we give notice to you and no obligations shall be owed to you if you breach any of these Terms or if we suspect you of fraud and/or illegal activities.
22.
PRIVACY
22.1
We will use your personal data in the manner set out in our Privacy Policy and as further described in this clause. By using our Services, you consent to the collection and use of your personal data by us and the Couriers in the manner set out in the Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on the Privacy Policy page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. You should check the Privacy Policy frequently for changes.
22.2
Unless otherwise authorised or consented, you agree not to use any information regarding other Consignors and/or Couriers that is accessible from our Site, except to enter into and complete transactions conducted via the Site. You agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail for spamming, harassment, invasion of privacy or otherwise objectionable conduct.
23.
TAX / CUSTOMS / DUTIES
23.1
All consignments are subjected to the prevailing GST rates. The GST shall be borne by the Customer and it should be reflected on the Consignment Information. You are advised to check the details of your payment.
24.
EVENT OUTSIDE OUR CONTROL
24.1
We, or the Couriers, will not be liable for any breach of any obligations to you under a contract or losses or damages or late delivery or anything else if it results from an Event Outside Our Control.
24.2
An Event Outside Our Control means any act or event beyond our or the Courier’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or traffic congestion, mechanical breakdowns, obstruction of public highways.
25.
MISCELLANEOUS
25.1
Any failure by us or the Couriers to enforce or apply any provisions of these Terms shall constitute a waiver of that provision and shall not otherwise remove or reduce our or the Couriers’ rights to enforce that provision.
25.2
If any of these Terms or any part is held to be invalid for any purpose, it shall for that purpose be deemed to have been omitted but shall not prejudice the effectiveness of the rest of these Terms.
25.3
All Intellectual Property Rights in any materials (including software) supplied by us through the Site and in any methods of work and processes used by us in connection with the Services are and shall remain as our exclusive property. Nothing in these Terms shall imply any license or other permission to use or reproduce any such materials, methods and processes save as expressly agreed in writing by us.
25.4
The Contracts (between the Customer and the Couriers or us) and these Terms (and any non-contractual claims arising in relation to it) shall in respects be subject to and construed in accordance with the laws of Singapore and the parties hereby submit to the exclusive jurisdiction of the Courts of Singapore.
25.5
We are not your fiduciary or trustee. Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect of these Terms.
25.6
These Terms may only be amended or modified in writing and only in the manner set out herein. We reserve the right to revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements; or
(c) changes in our operations, processes and/or procedures.
25.7
All changes to these Terms will be posted on the Site. You are responsible for reviewing the changes to these Terms. Changes to our policies and guidelines may be posted without any notice to you. Your continued use of this Site and our Services following such changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease all use of the Services or this Site.