1.  Introduction

1.1 Please read these Terms of Service carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and the Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and PostmanPet (as defined below). The Agreement applies to your use of the Service provided by PostmanPet. If you do not agree to the Terms of Service please do not use or continue using the Applications (as defined below) or the Service.

1.2 PostmanPet may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.postmanpetsg.com or the Application. It is your responsibility to review the Terms of Service and Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

2.  Definitions and Interpretation

(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: “We”, “Ours”, “PostmanPet” refers to PostmanPet SG, a company incorporated in Singapore;

“Services" means any and all services provided by us to you as defined in section 3 below;

“Applications" means the PostmanPet’s web-based and mobile application supplied by us and downloaded and installed by you on your electronic device through which you may obtain the Services;

“Drivers “means the independent third party who provide the relevant Solutions to Consumers through the Service,

“Advertisement" means any promotion messages and information that may appear on your mobile device during the operation of the App;

(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.

(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

3.  Services

(a) The Services we provide is to offer a platform via our Applications for you to post the details of your transportation needs and to distribute the details of your transportation needs you posted to our Drivers. As part of the Services, we also provide certain information in regards to the Drivers who accepted your posting, including the name and vehicle identification.

4.  Representations, Warranties and Undertakings

4.1 By using the Service and/or Applications, you represent, warrant and undertake that:

4.1.1 You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

4.1.2 You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that PostmanPet may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, PostmanPet has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

4.1.3 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

4.1.4 You must safeguard any login name and password that we may provide you to access our Applications and Services and shall not disclose them to third parties;

4.1.5 We shall assume that any person using your electronic device to access our Applications and Services, your username and password is you or a person authorised by you.

4.1.6 You agree to notify us immediately of any unauthorised use of your account or any other breach of security;

4.1.7 When using the Service/Applications, you agree to comply with all laws applicable to you and/or your use of the Service/Applications;

4.1.8 You will only use the Applications and Service for their intended and lawful purposes;

4.1.9 You will not try to interrupt, impair or harm the Service and/or Applications in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Applications or the data contained therein; (e) attempting to gain unauthorised access to the Applications or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Applications and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Applications, or to circumvent the navigational structure or presentation of the Applications or its content;

4.1.10 You will not attempt to commercially exploit any part of the Applications without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Applications, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by PostmanPet. This includes without limitation, not to: 

(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the PostmanPet except for your personal, non-commercial use;

(b) copy any content displayed through the Applications or “mirror” the Applications or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Applications or its content elsewhere;

(c) conduct data mining or scraping activities, unless an exception applies under applicable law; and

(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Applications or any software or services made available on or through the Applications.

4.1.11 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud PostmanPet or to disrupt the natural functions of the Applications;

4.1.12 You will not use the Applications for sending or storing any unlawful material or for fraudulent purposes;

4.1.13 You will not use the Applications to cause nuisance or behave in an inappropriate or disrespectful manner towards PostmanPet or any third party;

4.1.14 You agree that the Service is provided on a reasonable effort basis;

4.1.15 You agree that your use of the Service will be subject to the Policies as may be amended from time to time;

4.1.16 You agree to assist PostmanPet with any internal or external investigations as may be required by PostmanPet in complying with any prevailing laws or regulations in place; 

4.1.17 You are aware that when requesting Solutions by SMS or by using the Service or accessing the Applications, standard telecommunication charges will apply;

4.1.18 You agree that PostmanPet may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account;

4.1.19 Where applicable, you agree to indicate the accurate number of passenger(s) and/or pet(s) when requesting for the Service.

4.1.20 You further acknowledge and agree that if the information on the number of passengers and/or pet(s) is untrue or inaccurate, the Drivers is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on PostmanPet’s website;

4.1.21 You shall not contact the Drivers for purposes other than the Service; and

4.1.22 You shall not intentionally or unintentionally cause or attempt to cause damage to the Drivers or any property of the Drivers; and

4.1.23 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, PostmanPet or any other party as a result of your breach of this Agreement.

5.  Payments

5.1 Consumers are required to make full payment of the Consumer Charges for all services offered in the Application by the method selected at the time of booking. Any payment pursuant to such selection is non-refundable and irrevocable. 

5.2 Automated payment may be made by Paylah, PayNow, credit card and or debit card in the Application.

5.3 Tipping is not required but you are free to do so.

6.  Cancellation

6.2.1 Unless otherwise stated in any PostmanPet Policy, you may cancel your request for transportation services at any time before you commence your ride with the Drivers.

6.2.2 If you decide to cancel your ride booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as PostmanPet may notify from time to time via the Cancellation Policy on PostmanPet’s website.

6.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact PostmanPet via Hotline on PostmanPet’s website for assistance. PostmanPet reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey or by such other method as is deemed reasonable by PostmanPet.

7. Complaints

7.1 Any complaints between Drivers and Consumers must be taken up with each other directly.

8. Repair and Cleaning Fees for Consumers

8.1 Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Driver’s property because of your misuse of the Service or breach of the Terms of Service herein. PostmanPet may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Driver via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Driver has been verified by PostmanPet.

9. Intellectual Property Ownership

9.1 PostmanPet and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Applications and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Applications, or any intellectual property rights owned by PostmanPet and/or its licensors. PostmanPet’s name, PostmanPet’s logo, the Service, the Applications  and any third parties’ logos and the product names associated with the Software and/or the Applications are trademarks of PostmanPet or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Applications” shall include its respective components, processes, and design in its entirety.

10. Taxes

10.1 You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend PostmanPet to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

11. Confidentiality

11.1 You shall maintain in confidence all information and data relating to PostmanPet, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of PostmanPet (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from PostmanPet, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information to use the Service, and shall not without PostmanPet’s prior written consent, disclose such information to any third party nor use it for any other purpose.

11.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

11.2.1 was at the time of receipt already in your possession.

11.2.2 is, or becomes in the future, public knowledge through no fault or omission on your part.

11.2.3 was received from a third party having the right to disclose it; or

11.2.4 is required to be disclosed by law.

12. Data Privacy and Personal Data Protection Policy

12.1 PostmanPet collects and processes your Personal Data in accordance with its Privacy Notice. The Privacy Notice applies to all PostmanPet’s Services and its terms are made a part of this Agreement by this reference.

12.2 Where applicable, you agree and consent to PostmanPet, its subsidiaries and any of its affiliate companies collecting, using, processing,  and disclosing Personal Data as further described in our Privacy Notice.

12.3 You acknowledge that PostmanPet may disclose Personal Data of other individuals to you during your use of PostmanPet’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by PostmanPet, and not for any other unauthorised purposes.

13. Third Party Interactions

13.1 During use of the Service, you may enter correspondence or transactions with third parties who display or offer their goods and/or service through the Applications. Any such communication or agreement is strictly between you and the applicable third party and PostmanPet and its licensors shall have no liability or obligation for any such communication or agreement. Neither PostmanPet nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Applications, and in no event shall PostmanPet, its licensors or its affiliate companies be responsible for any content, products, services, or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and PostmanPet is not a party to and disclaims all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third-party services. PostmanPet is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

13.2 PostmanPet may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings.

13.3 You agree and allow PostmanPet to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Applications and/or advertising or marketing material supplied by third parties through the Service.

13.4 We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

14. Indemnification

14.1 By agreeing to the Terms of Service upon using the Service or accessing the Applications, you agree that you shall indemnify and hold PostmanPet, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Applications and/or any part thereof in your dealings with the Drivers or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Drivers or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Applications and/or any part thereof, or (e) where applicable, your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.

15. Disclaimer of Warranties

15.1 PostmanPet makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software or Application. PostmanPet does not represent or warrant that (a) the use of the Service, Software or Application  will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Applications will meet your requirements or expectations. The Service and the Applications are provided to you strictly on an “as is” basis. All conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded to the extent permissible by law.

15.2 PostmanPet makes no representation or warranty of any kind whatsoever, express, or implied, in respect of Solutions provided by Drivers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Drivers and shall have no recourse to PostmanPet in respect of the same.

15.3 Where applicable, PostmanPet’s role as collection agent is solely mechanical and administrative in nature and PostmanPet does not owe to you a duty of care or any fiduciary duties.

16. Internet Delays

16.1 THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE DRIVERS BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. POSTMANPET IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

17. Limitation of Liability

17.1 UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST POSTMANPET BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. POSTMANPET AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

17.1.1 LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

17.1.2 THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

17.1.3 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

17.1.4 AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE APPLICATIONS OR IS REFERRED TO BY THE SERVICE AND/OR THE APPLICATIONS,

EVEN IF POSTMANPET AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 POSTMANPET DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE POSTMANPET FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

17.3 POSTMANPET WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.POSTMANPET CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE POSTMANPET FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE APPLICATIONS, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE APPLICATIONS.

17.4 THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

18. Assignment

18.1 Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of PostmanPet but may be assigned without your consent by PostmanPet. Any purported assignment by you in violation of this section shall be void.

19. Dispute Resolution

19.1 These Terms of Service shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction.

19.2 Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service (“Disputes“) or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and PostmanPet (the “Arbitrator”). If you and PostmanPet are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and PostmanPet, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

19.3 Notwithstanding the above, if you are a Partner, you may choose to submit a Dispute for mediation at the Singapore Mediation Centre and/or Small Claims Tribunal, subject to their respective rules and guidelines.

20. Relationship

20.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with PostmanPet.

21. Severability

21.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

22. No Waiver

22.1 The failure of PostmanPet to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

23. Entire Agreement

23.1 This Agreement comprises the entire agreement between you and PostmanPet in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with PostmanPet which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with PostmanPet in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Applications may be subject to additional terms and conditions, which will be communicated to you.

24. Suspension and Termination; Modification of Applications Content

24.1 You agree that we may do any of the following, at any time, without notice:

(i) modify, suspend or terminate operation of or access to the Applications, or any portion of the Applications (including access to your account and/or the availability of any products or services), for any reason;

(ii) modify or change any applicable policies or terms; and

(iii) interrupt the operation of the Applications or any portion of the Applications (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any modification, suspension or termination.

24.2 Without prejudice to any other provisions, we may vary, modify or remove Applications Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Applications Content contains any typographical errors, inaccuracies, omissions or otherwise violates Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as PostmanPet deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

25. No Third-Party Rights

25.1 Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.