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terms and conditions

1.Introduction

 

ELEGANCELOGISTIC  is a company incorporated all over Europe and headquarters in NETHERLANDS  with its principal address at Achtseweg Noord 14-16 (“Parcel Perform”). Parcel Perform owns and operates the technology platform (“Platform”) providing parcel tracking solutions for merchants (“Service(s)”) through its websites at https://globalshipping.website/

2.These Terms

 

2.1The terms and conditions set out in this Terms of Service (“Terms”) govern all users, whether free or paid, of the Platform and/or Services (“User(s)”) and constitute a legal and binding agreement between Users and Parcel Perform. By using or otherwise accessing the Platform and/or Services, Users are confirming that they have read, understood and agreed to all of these Terms unless otherwise agreed by a separate agreement. If there is a conflict between these Terms and a separate agreement between Parcel Perform and a User, the latter terms and conditions will take precedence.

 

2.2Parcel 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 Platform and update the “Last Updated” date at the top of these Terms, or notify Users of such changes by email at the email address registered with their Accounts (defined below). Users’ continued use of the Platform and/or Services after any such changes constitutes acceptance of the latest terms and conditions. However, any changes will not apply retrospectively.

 

2.3The access to or use of certain areas and features of the Platform and/or Services may be subject to separate policies, standards or guidelines, or may require that Users accept additional terms and conditions, as published on the Site. 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 Platform and/or Services, the latter terms and conditions will take precedence with respect to that area or feature, unless otherwise specified.

 

2.4All obligations and restrictions applicable to Users under these Terms shall be binding on and applicable to their Authorised Users (defined below) jointly and severally, and Users shall be responsible to procure that their Authorised Users adhere to these Terms. Accordingly, a default of these Terms by any Authorised Users shall be deemed a default by the User jointly and severally.

 

3.Interpretation

 

3.1In 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 and are supported by the Platform as published on the Site from time to time;

 

“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,  Platform and/or Services, whether by Parcel Perform or Users;

 

“Event of Force Majeure” means any cause beyond the reasonable control of a Party to these Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;

 

“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, Platform, Services and/or Content;

 

“Parcel Perform’s Technology” means Parcel Perform’s proprietary technology underlying the Site, Platform and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Parcel Perform or its licensors) in connection with the Platform and/or Services, and also including any derivatives, improvements, enhancements or extensions of the Technology conceived, reduced to practice, or developed by Parcel Perform from time to time that are not uniquely applicable to Users or that have general applicability in the art;

 

“Parties” means collectively Parcel Perform and the relevant User, and a “Party” means any of them;

 

“Payment Method” means the User’s current and valid method of payment that is accepted by Parcel Perform as may be varied or updated from time to time;

 

“Personal Data” means data that may enable Parcel Perform to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which Parcel Perform has or are likely to have access.

 

“Subscription” means the chosen subscription plan (e.g. “BRONZE”, “SILVER”, “GOLD”, “GOLD Enterprise”, etc) for the use of the Services in accordance with the terms and conditions as published on the Site from time to time;

 

“Subscription Fee” means such fee(s) payable by a User for the use of the Services in accordance with the chosen type of subscription plan, applicable rate(s) and applicable currency as published on the Site from time to time;

 

“Subscription Period” means the term of a Subscription in accordance with the chosen type of subscription plan;

 

“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including, but without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available through the Site, Platform and/or Services;

 

3.2References to Clauses are to the clauses of these Terms.

 

3.3The headings are for convenience only and shall not affect the interpretation of these Terms.

 

3.4Unless 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.Eligibility To Use

 

4.1Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform, Services and/or register an Account (defined below) as a User. By accessing or using the Platform and/or Services, Users represent and warrant that they are 18 or older and have the legal capacity and authority to enter into a contract. If a corporate entity is accessing or using the Platform and/or Services, the person registering for an Account for and on behalf of a corporate entity represents and warrants that he has the requisite power and authority to bind such corporate entity to these Terms.

 

4.2For transparency and fraud prevention purposes, and to the extent permitted by law, Parcel Perform reserves the right, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.

 

5.Account Registration

 

5.1Users are required to register, whether through the Site or submission to Parcel Perform, and maintain an account with Parcel Perform (“Account”) to use the Services, whether free or paid. If Users choose to register for an Account, Users agree to provide and maintain true, accurate, current and complete information about themselves as prompted by the relevant registration form or when required to verify the same before Account activation. By registering an Account, Users authorise Parcel Perform to collect, store, retain, process and use Personal Data provided to Parcel Perform in accordance with Parcel Perform’s Privacy and Cookies Policy (https://www.parcelperform.com/privacy). Users’ failure to provide, maintain accurate, complete and up-to-date personal data (including having an invalid or expired Payment Method) to enable Parcel Perform to properly perform the Services may result in Users being unable to access and use the Platform and/or Services. In any event, Parcel Perform reserves the right, in its sole discretion, to approve or refuse registration of an Account.  

 

5.2Users may not assign or otherwise transfer their Accounts to any party without the prior written authorisation by Parcel Perform.

 

5.3Users are responsible for designating any other individuals who have the right or authority to access, use or administer their Accounts for and on behalf of Users (“Authorised Users”). Whilst Users may permit such Authorised Users access to administer their Accounts (e.g. to renew Subscriptions, to pay Subscription Fee, to manage User’s Content, etc), Users remain fully liable under these Terms for all acts and omissions of their Authorised Users, whether or not such Authorised Users have acted in accordance with Users’ instructions. Users are solely responsible for maintaining the confidentiality of their username, password and other information relating to their Accounts, and any and all activities that occur under their Accounts. Users agree to (i) immediately notify Parcel Perform of any unauthorised use of their Accounts, password, or any other breach of security, and (ii) ensure that Users or Authorised Users exit from their Accounts at the end of each session. Parcel Perform will not be liable for any loss or damage arising from Users’ failure to comply with this provision.

 

5.4Users acknowledge that Parcel Perform may establish general practices and limits concerning use of the Platform and agree that Parcel Perform has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Platform. Users acknowledge that Parcel Perform reserves the right to terminate any Account that is inactive for an extended period of time. Users further acknowledge that Parcel Perform reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

 

5.5By registering an Account, Users and Authorised Users agree to receive informative, promotional or marketing emails or communications in connection with the Platform and/or Services but they may opt-out from receiving such communications by clicking the “Unsubscribe” link at the bottom of the e-mail or exercise their rights as owner of their Personal Data under Parcel Perform’s Privacy and Cookies Policy.

 

6.Subscription

 

6.1Users may subscribe for the Services through the Site or separate agreement with Parcel Perform. The features available to each Subscription and associated terms and conditions vary depending on the chosen type of subscription plan. Please refer to Parcel Perform or the relevant information as published on the Site from time to time before purchasing a subscription.

 

6.2The date on which the applicable Subscription Period commences (“Subscription Start Date”) will be (a) in the case of paid subscription, the date Users paid the applicable Subscription Fee, or (b) in the case of free subscription, the date Users signed-up the Subscription, or (c) such date as the Parties may agree in writing.

 

6.3If Users opt for a free subscription plan, Users acknowledge that the features of the Services to which they may access are limited and available until the earlier of (i) activation of a paid subscription plan; or (ii) withdrawal of availability of such free subscription plans in the sole discretion of Parcel Perform. For the avoidance of doubt, Users of free subscription plan are equally bound by these Terms.

 

6.4In instances where Users subscribe for the Services via separate agreement with Parcel Perform, such Subscriptions shall be governed by the terms and conditions contained in that separate agreement in addition to these Terms. If there is a conflict between these Terms and the terms and conditions contained in a separate agreement, the latter terms and conditions will take precedence, unless otherwise agreed by the parties.

 

7.Subscription Fee

 

7.1The applicable Subscription Fee and billing cycle vary depending on the chosen type of subscription plan. Users are responsible for the timely payment of the Subscription Fee and have to to ensure the given Payment Method is always valid and has sufficient funds for payment to be transacted. This does not waive Parcel Perform’s right to seek payment directly from Users through any other methods, should the Payment Method fail. Users acknowledge that any failure to pay the Subscription Fee on time shall entitle Parcel Perform to suspend or terminate Users’ access to our Services, including their Accounts, with or without notice to Users.

 

7.2Users may edit their Payment Method through their Accounts. The terms governing Users’ Payment Method will be based on their agreement with the relevant financial institution, credit/debit card issuer or other payment processing provider.

 

7.3Parcel Perform reserves the right to revise the amount and/or rate of Subscription Fee from time to time in its sole discretion provided, however, such revisions shall not apply to Users during their applicable Subscription Period but shall apply to the renewal of a Subscription. Any such revision will be communicated to Users in advance via e-mail or published on the Site and will take effect in the renewal of a Subscription. By continuing to use the Services after such revisions, Users will be deemed to have accepted the revised Subscription Fee. If Users do not agree to such revision, Users may choose to not renew their Subscriptions or terminate their Subscriptions prior to renewal.

 

7.4All fees and charges in respect of the Services will be subject to all prevailing statutory taxes (e.g. Goods and Services Tax, Value Added Tax, etc) as may be in force or introduced at any time.

 

7.5All payments by Users in respect of the Services shall be paid without set-off or counterclaim and free and clear of and without deduction or withholding for any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by any governmental authorities, and all interest, penalties or similar liabilities with respect thereto.

 

7.6All payments by Users in respect of the Services shall be paid promptly, failing which late payment interest shall be chargeable on any overdue invoice at the rate of 15% per annum, calculated from the date when the payment of the invoice becomes due for payment up to and including the date of actual payment.

 

8.Renewal

 

8.1Each Subscription will automatically and continuously renew for further term equal to the original Subscription Period following the expiration of the Subscription Period (each subsequent term a “Renewal Period”). Users acknowledge and agree that Parcel Perform is authorised by Users to charge the applicable Subscription Fee through the chosen Payment Method automatically before each Renewal Period until the Subscription is terminated by either Party before a Subscription is due for renewal.

 

8.2Users may terminate their Subscriptions at any time, and the Subscriptions will then terminate at the end of the current Subscription Period or Renewal Period, as the case may be. Any Subscription Fee charged or paid before termination of the Subscription shall not be refundable. If Users do not wish to pay any further Subscription Fee, Users must terminate their Subscriptions before commencement of the next Renewal Period.

 

9.Data Relating to Carriers and End-Customers

 

9.1Users acknowledge and agree that Parcel Perform will require data about Carriers and end-customers in order to perform the Services. By subscribing to the Services, Users agree to provide and authorise Parcel Perform to collect such data, including directly from Carriers. In this regard, Users are responsible to provide accurate and complete information to Parcel Perform and Parcel Perform shall not be liable for any failure of service as a result of inaccurate or incomplete information provided to Parcel Perform or through the Platform. All Personal Data relating to Carriers and end-customers shall belong to Users or the respective Carriers or end-customers (as the case may be). All tracking information (excluding any Personal Data) generated through the use of the Platform and/or Services shall belong to Users, the respective Carriers and Parcel Perform jointly and may be used for their business purposes as they deems fit.

 

9.2All data that Users or their Authorised Users input into the Platform, including Personal Data, shall belong to Users or their respective owners. However, Parcel Perform shall be entitled to prepare analysis and/or statistics based on data input by Users or Authorised Users into the Platform provided that such analysis and/or statistics make no specific reference to any Personal Data. Such analysis and/or statistics shall be the property of Parcel Perform and Users shall have no claim whatsoever to such analysis and/or statistics. 

 

9.3Each Party represents and warrants to the other Party that it will at all times comply with all applicable personal data protection laws and regulations in respect of the collection, use, disclosure and handling of Personal Data.

 

10.Right of Use, Obligations and Restrictions

 

10.1Upon registration of an Account, Users are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform and/or Services in accordance with and subject to these Terms. Any rights not expressly granted herein are reserved by Parcel Perform.

 

10.2Users may only use the Platform and/or Services in compliance with applicable laws and for legitimate purposes. Users agree to comply with these Terms, all local rules and laws regarding the use of the Platform and/or Services, including Users’ online conduct, that are applicable in their jurisdictions.

 

10.3Users represent and warrant to only use the Service with data that the Users are entitled to have, store and transfer and for which Users are entitled to obtain data from third party sources for. Users bears all risks associated with the use of the Service and warrants that they will hold Parcel Perform harmless from and against any liabilities arising from the processing of data from third party sources.

 

10.4In using the Site, Platform, Services and/or Content, Users must not:

 

  1. use the Site, Platform and/or Services for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or these Terms;

 

  1. use the Site or Platform in any manner that could damage, disable or impair Parcel Perform’s servers, or interfere with other Users’ access or use of the Site or Platform and security related features of the Site or Platform;

 

  1. disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on Parcel Perform’s Technology, any software, applications, updates or hardware contained in or available via the Site or Platform;

 

  1. do anything or cause an action to be done resulting in the infringement or violation of Parcel Perform’s Intellectual Property Rights;

 

  1. attempt to gain unauthorized access to the Platform by using other User’s Account through means of hacking, mining or other means of interference;

 

  1. solicit personal information from anyone under the age of 18;

 

  1. harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

 

  1. interfere with or disrupt the Site or Platform, or servers or networks connected to the Site or Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Platform, or circumvent any technology used to protect the Site or Platform;

 

  1. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site, Platform and/or Services;

 

  1. remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Site or Platform or pass off or attempt to pass off the Site, Platform and/or Services as the product of anyone other than Parcel Perform; and/or

 

  1. use the Content or create any derivative works based on the Content unless such information or material is a User’s Content owned by the particular User.

 

Parcel Perform reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.

 

10.5Users will at all times maintain security systems and procedures no less stringent than those which it uses to (i) prevent any unauthorised access to or disruption of its own systems and servers and (ii) to protect its own confidential and/or sensitive data. Users shall notify Parcel Perform of any proposed changes to their security or IT systems which might adversely affect the security of the Services.

 

10.6Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Site or Platform.

 

11.User’s Content

 

To the extent where the Site or Platform allows Users to post, upload, transmit or otherwise make available any User’s Consent, Users represent and warrant that: (i) Users either are the sole and exclusive owner of the User’s Content or have all rights, licenses, consents and releases necessary for use of the User’s Content on the Site or Platform; and (ii) neither the User’s Content nor Users’ submission, uploading, publishing or otherwise making available of such User’s Content nor Parcel Perform’s use of the User’s Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Users further agree that:

 

  1. Users will not share or transmit any material or content that (i) is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) they do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains malicious content, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) is illegal, or intend to promote or commit an illegal act of any kind; or (vii) in Parcel Perform’s opinion, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Parcel Perform or other Users to any harm or liability of any type, or disrepute;

 

  1. impersonate any person or entity, or falsely state or otherwise misrepresent Users’ affiliation with a person or entity;

 

  1. Parcel Perform is under no obligation to store, retain, publish or make available any User’s Content and that Users shall be responsible for creating backups of any such Content if necessary; and

 

  1. under no circumstances shall Parcel Perform be liable in any way for any User’s Content, including, but not limited to, any errors or omissions in any User’s Content, or any loss or damage of any kind incurred in connection with the use of or exposure to such User’s Content made available via the Site or Platform.

 

12.Updates, Modifications and Availability

 

12.1Parcel Perform may modify or upgrade the features and functionality of the Platform and/or Services from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Platform and/or Services or any function or feature thereof. In this regard if not explicitly provided otherwise, Users acknowledge and agree that Parcel Perform assumes no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Platform and/or Services. However, Parcel Perform will make reasonable efforts to minimise interruptions, failure or delay of the Platform and/or Services and will make reasonable efforts to inform Users of any scheduled maintenance or material changes which may affect the use of the Platform and/or Services.

 

12.2Notwithstanding anything contained in these Terms, Parcel Perform reserves the right to modify or discontinue, temporarily or permanently, the Site, Platform and/or Services (or any part thereof). Users agree that Parcel Perform shall not be liable to Users or to any third party for any modification, suspension or discontinuance of the Site, Platform and/or Services provided, however, that if the Services were to be permanently  discontinued, Parcel Perform shall refund any paid Subscription Fees to Users to the extent of any balance of the unutilised term of paid Subscription Period. 

 

13.Intellectual Property

 

13.1The Site, Platform, Content and Parcel Perform’s Technology underlying the Services are the property of Parcel Perform and/or its licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by Parcel Perform, Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, Platform, Services 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 or Platform, 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 or Platform 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 in Parcel Perform’s Technology. Any uses of the Site, Platform, Services and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Parcel Perform.

 

13.2By using the Site, Platform and/or Services, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site, Platform and/or Services 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 or Platform without Parcel Perform’s prior written permission in each instance. All goodwill generated from the use of the Site, Platform, Services and/or Content will inure to Parcel Perform’s exclusive benefit.

 

13.3To the extent where Users provide Parcel Perform with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to Parcel Perform and acknowledge that Parcel Perform can use and share such Feedback for any purpose in its sole discretion.

 

13.4Other company, product, and service names and logos used and displayed via the Site or Platform 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.

 

14.Third Party Resources

 

14.1The Site or Platform 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.

 

14.2When 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 policies of any Third Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under these Terms.

14.3 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 use of any Third Party Resources.

15.Confidentiality

 

15.1Each Party (“Receiving Party”) will protect and keep secret and confidential the Confidential Information (described below) of the other Party (“Disclosing Party”) in the same manner as each Party protects its own confidential information, but with no less than reasonable care, and agree not to disclose any Confidential Information, except as otherwise expressly permitted and to exercise respective rights and obligations under these Terms. “Confidential information” shall mean all information that is not known to the public pertaining to either Party’s business and which is either marked confidential or which a reasonable person would understand to be confidential given the nature or sensitivity of the information and circumstances of disclosure, but excludes anonymised information obtained from the use of tracking ID from Carriers or Carriers’ websites and information contained in and related to any tracking ID, including, but without limitation to, carrier names, dates, origin and destination, weight, time in transit, and any tracking events. Without limiting the generality of the foregoing, Confidential Information shall include details of the Services including any confidential information or data forming part thereof, any models, processes, formats, programs, software, source codes, documentation, upgrades and updates, inventions and know-how. Where a User is a legal entity, Parcel Perform may refer to User as a customer in its public relations, marketing and sales efforts.

 

15.2Users shall disclose Confidential Information solely to its Authorised Users and such employees on a need-to-know basis and who are contractually bound to maintain the confidentiality and non-disclosure of the Confidential Information.

 

15.3The foregoing restrictions shall not apply with respect to any information that (a) is or becomes generally known or publicly available through no act or failure on the part of the Receiving Party; (b) is lawfully known by the Receiving Party at the time of receiving such information as evidenced by records; (c) or is hereafter furnished to the Receiving Party by a third party, as a matter of right and without restriction on disclosure, or (d) to the extent required by any applicable legislation or any court or judicial or administrative authority of competent authority, is required to be disclosed, provided always, that the Receiving Party immediately notifies the Disclosing Party of such request prior to making any such disclosure (where allowed by law to do so) to allow the Disclosing Party to exhaust legal and equitable steps to protect its Confidential Information.

 

15.4Users agree that Parcel Perform may cite or mention the name of Users for Parcel Perform’s general marketing purposes (e.g. on the Site, marketing materials, etc) or case study purposes unless the User explicitly instructs Parcel Perform in writing to not do so, upon which Parcel Perform will remove the citation or mention of the User’s name from the relevant materials.

 

16.Disclaimers

 

16.1These Terms set out the full extent of our obligations and liabilities in respect of the Site, Platform and Services.

 

16.2PARCEL PERFORM PROVIDES THE SITE, PLATFORM AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. USERS AGREE THAT USE OF THE SITE, PLATFORM AND/OR SERVICES 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, (IV) THAT THE SITE, PLATFORM AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, (V) THE ACCURACY OR TRUTHFULNESS OF ANY CONTENT OR USER’S CONTENT, AND (VI) THE TRUTH OR ACCURACY OF TRACKING EVENTS, PERFORMANCE INDICATORS OR OTHER CONTENT MADE AVAILABLE VIA THE SITE OR PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PARCEL PERFORM OR THROUGH THE SITE OR PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16.3Parcel Perform have no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site, Platform and/or Services.

16.4Users may see advertising material submitted by third parties on the Site or Platform. Each individual advertiser is solely responsible for the content of its advertising material and Parcel Perform accepts no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.

16.5If any Users are dissatisfied with the Site, Platform and/or Services, 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 or the Site or Platform, Users’ sole recourse is to discontinue use of the Site, Platform and/or Services.

17.Exclusion and Limitation of Liability

 

17.1TO 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, PLATFORM, SERVICES 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 THE AGGREGATE AMOUNTS PAID BY THE RELEVANT USER TO PARCEL PERFORM IN RESPECT OF THE SERVICES THAT ARE THE SUBJECT OF THAT USER’S CLAIM.

 

17.2Nothing 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.

 

18.Indemnity and Release

 

18.1Users 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, Platform, Services, Content and/or performance of Users’ duties and obligations under 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.

 

18.2Parcel 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.

 

19.Term, Suspension and Termination

 

19.1The agreement between Parcel Perform and each User under these Terms shall take effect upon the earlier of (a) the User’s commencement of the use of the Platform and/or Services, or (b) registration of an Account, or (c) execution of a written agreement with Parcel Perform for subscription of the Services, and will remain in full force and effect for as long as you use the Site, Platform and/or Services.

 

19.2Parcel Perform may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, Platform, Services and/or its Account under these Terms in the event of any actual or suspected breach of any provisions under these Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, Parcel Perform reserves the right to remove and discard data in and content of the User’s Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.

 

19.3Upon termination of the agreement with a User pursuant to these Terms, any sum owing or due to Parcel Perform shall be immediately payable, and the User’s access rights to the Platform and/or Services and other rights hereunder shall terminate.

 

19.4All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

 

20.Relationship of Parties

 

Nothing contained herein shall be read as constituting a joint venture, partnership or agency between a User and Parcel Perform. None of the Parties hereunder may make or purport to make any representations, warranties or undertakings for the other Party.

 

21.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:

 

In the case of Parcel Perform to:

 

Contact form: Link to contact form

 

In the case of a User to:

 

E-mail: As registered with the User’s Account

 

or (in either case) to such other address or electronic mail address as the relevant Party may have notified to the other Party through the Platform and/or relevant Users’ Accounts.

 

22.General

 

22.1No delay, neglect or forbearance on the part of a Party in enforcing against the other Party any term or condition of these Terms shall either be or deemed to be a waiver or in any way prejudice any right of that Party under these Terms.

 

22.2If 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.

 

22.3Save as otherwise specifically provided in these Terms, the Parties hereunder shall not be liable for failures or delays in performing their obligations hereunder arising from any Event of Force Majeure, and in the event of any such delay, the time for all Parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances.

 

22.4These Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by Users without Parcel Perform’s prior written consent. Parcel Perform may transfer, assign or delegate these Terms and its rights and obligations thereof without prior notice to or consent by Users.

 

22.5These Terms are personal to Users. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

 

23.Governing Law and Jurisdictions

 

Irrespective of the country from which Users access or use the Site, Platform and/or Services, to the extent permitted by law, these Terms and Users’ use of the Site, Platform and/or Services 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.