Terms of Service – Sender

PLEASE READ THESE TERMS OF SERVICE (“TOS“) CAREFULLY BEFORE USING ZAP DELIVERY: SENDER (THE “APP”), A COURIER BOOKING APP PROVIDED BY ZAP DELIVERY PTE. LTD. (201508285W), A COMPANY INCORPORATED IN SINGAPORE WITH REGISTERED ADDRESS AT 8, BURN ROAD, #10-13, SINGAPORE 369977 (“ZAP DELIVERY“). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APP AND ALL SERVICES PROVIDED BY ZAP DELIVERY.

By using the App in any manner, you agree to be bound by this TOS, including those additional terms and conditions and policies referenced herein (collectively, the “TOS”).

Zap Delivery reserves the right to modify or terminate the App for any reason, without notice, at any time. Zap Delivery also reserves the right to revise these TOS. You understand that your continued use of the App after the TOS has been revised constitutes your acceptance of the TOS as amended, provided that if such revision materially impacts your use of the App, Zap Delivery may notify you through such avenues as Zap Delivery deems appropriate. What constitutes a “material change” will be determined at Zap Delivery’s sole discretion, in good faith, and using reasonable judgment.

If you have any questions, please contact our User Support Officer at +65 6681 5677 or write to us at support@zap.delivery.

1. The App
1.1. The App is a platform allowing individuals, as defined in clause 2, who have registered with the App and have agreed to comply with Zap Delivery’s policies to create orders for courier services in Singapore provided by third party individuals (collectively, the “User”).

Save for its role under Clause 7 herein in relation to payments, Zap Delivery does not participate in any transaction between the User who creates the order (“Sender”) and the User who accepts such order (“Courier”).

1.2. You agree and accept that the App is merely a platform and as such is not responsible or liable for any content, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or other third parties on the App (“Content”), and other such information as may be required by you in creating the order (eg. receiver’s phone number, comments, promo codes, etc.) (“Information”).

1.3. Zap Delivery also does not control the Content and Information provided by Users that are made available on the App. You may find some Content or Information to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.

1.4. By using the App, you agree to accept such risks. You also agree that Zap Delivery and its employees are not responsible for any and all acts or omissions of Users on the App.

2. Registration
2.1. The App is available only to, and may only be used by, individuals who are 18 years old or older, and who can form legally binding contracts under the applicable laws in Singapore.

2.2. Individuals under the age of 18 must at all times use the App only with and under the supervision of a parent or legal guardian, who is at least 18 years of age. The parent or legal guardian shall be deemed the User and shall be responsible for any and all activities.

2.3. By accepting this TOS, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

2.4. If you are registering on behalf of a corporation, partnership, unincorporated association, or any other business entity, you personally represent and warrant, in addition to Clause 2.3, that you have the authority to bind the said entity to this TOS.

2.5. Notwithstanding the foregoing, Zap Delivery may, in its sole discretion, refuse to accept the registration of any person or entity.

3. User Responsibilities
3.1. You agree to abide by the terms in this TOS, including any policy document listed below and such other policies as may be published from time to time on Zap Delivery’s website at www.zap.delivery, each of which is incorporated herein by reference and each of which may be updated by Zap Delivery from time to time without notice to you:

  • Personal Data Protection and Privacy Policy

3.2. In addition, some services offered through the App may be subject to additional terms and conditions promulgated by Zap Delivery from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this TOS by this reference.

3.3. You shall do all things necessary to preserve and maintain the integrity and security of your account, including but not limited to ensuring that there is no unauthorised access and/or use of your account. Your username and password shall remain confidential and shall not be shared with any other person, other than Zap Delivery, without Zap Delivery’s express written consent. You agree to immediately notify Zap Delivery of any unauthorised use of your password or any breach of security. You also agree that Zap Delivery cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.

3.4. You must keep your account information up-to-date and accurate at all times.

3.5. You shall not transfer or sell your account and username to another person.

3.6. You are solely responsible for your conduct and activities on the App, as well as any and all Content that you enter, submit, post, and display on the App.

3.7. Notwithstanding clause 3.6, your Content, Information, and/or use of the App shall not:

3.7.1. Be false, inaccurate or misleading;

3.7.2. Be defamatory, libellous, unlawfully threatening, unlawfully harassing, or intimidating, to any person (including Zap Delivery staff and other Users);

3.7.3. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

3.7.4. Modify, adapt or hack the App or modify another website or app so as to falsely imply that it is associated with Zap Delivery; and

3.7.5. Involve any matter that is seditious, or otherwise threatens the national security or public order of Singapore.

4. Creating Orders

4.1. By creating an order on the App, you represent and warrant that all aspects of the item to be couriered comply with the TOS, and that all Information entered is accurate.

4.2. Upon the Courier’s acceptance of your order, you agree that a valid and binding contract has been created between you and the said Courier, and you accept liability for payment to the Courier for their services forthwith.

4.3. All payments made under Clause 4.2 are non-refundable.

4.4. Any variation in the Information after the Courier has accepted the order shall be mutually agreed to by you and the said Courier. Save for its role under Clause 7 herein in relation to payments, Zap Delivery is not involved in the transaction between you and the Courier and does not exercise control over the Information entered into the order nor any decision made by the Courier in relation to his or her agreement or otherwise to the modified Information.

5. Prohibited Items

5.1. You agree to allow the Courier and/or Zap Delivery staff to search and inspect your item(s) to be delivered before the actual delivery of the same by the Courier. The Courier may refuse to deliver your item if you do not allow the Courier and/or Zap Delivery staff to search and inspect your item(s) to be delivered.

5.2. Your item(s) to be delivered shall not:

5.2.1. Involve the delivery of illegal, counterfeit or stolen items;

5.2.2. Contain dangerous or hazardous items, including but not limited to explosives, gases, flammable liquids and solids, corrosives, oxidising substances, chemically reactive or acutely toxic substances, radioactive material, and infectious substances;

5.2.3. Infringe upon any third-party’s copyright, patent, trade mark, trade secret or other proprietary or intellectual property rights;

5.2.4. Be contrary to any of the terms in this TOS or any applicable law or regulation, including, but not limited to, those governing export control, consumer protection, and unfair competition;

5.2.5. Be obscene, contain pornography, or any other matter contrary to public morality;

5.2.6. Involve any matter that is seditious, or otherwise threatens the national security or public order of Singapore;

5.2.7. Contain very expensive items, which are defined as items with a value of more than SGD$250.00, or rare items; and

5.2.8. Be any living thing, which includes veterinary biologics such as viruses, toxins, genetically modified organisms, and micro-organisms (with the exception of fresh flowers).

5.3. If the Sender is found to be in breach of any of the terms in the TOS upon inspection under Clause 5, the Courier reserves the right to refuse to deliver the said item, and Zap Delivery and/or its officer and employees shall have no liability towards the Sender in this respect.

6. Content and Data Protection

6.1. Zap Delivery does not claim any ownership rights in your Content. You grant Zap Delivery a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any intellectual property rights you have in the Content. You agree to allow Zap Delivery to retain or re-format your Content on Zap Delivery, and display your Content on the App in any manner as deemed reasonable by Zap Delivery to provide the services offered under the App

6.2. For the avoidance of doubt, Zap Delivery shall only use your personal data in accordance with Zap Delivery’s Personal Data Protection and Privacy Policy.

6.3. As part of the transaction, you may obtain personal data, including but not limited to the name, email address, mobile phone number, and address information, of a User or receiver. You agree to comply with the terms of Zap Delivery’s Personal Data Protection and Privacy Policy in handling all such personal data, which can be found at www.zap.delivery.

7. Payment Information

7.1. You are responsible for providing Zap Delivery with a valid credit card account number for billing purposes.

7.2. You agree to pay all fees and charges specified forthwith, and you agree that Zap Delivery may charge your credit card account as provided by you when the Courier collects your item for delivery.

7.3. All payments made under clause 7.2 are non-refundable.

7.4. Zap Delivery uses a third-party payment processor (“Payment Processor”) to process payments in connection with your use of the App. The processing of payments will be subject to such terms and policies of the Payment Processor as may be in force from time to time, each of which is incorporated herein by reference.

7.5. Zap Delivery is not responsible, and you agree that Zap Delivery is not liable, for any service disruptions, delays, errors or defects in connection with your use of the App that may arise from the Payment Processor and/or you providing inaccurate or out of date payment information.

8. Dispute Resolution

8.1. Any differences, disputes, and/or claim arising out of, or in connection to, the interpretation of this TOS (“Dispute”) shall not proceed to litigation or any other form of dispute resolution unless you and Zap Delivery have first made reasonable efforts, for a period of one (1) month, and in good faith, to resolve the same through negotiations or mediation.

8.2. Where failure of negotiations or mediation in respect to Clause 8.1 occurs, you and Zap Delivery shall together refer such Dispute to the Singapore International Arbitration Centre and agree to have such Dispute resolved finally by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.

8.3. For the avoidance of doubt, Zap Delivery shall not be responsible for resolving or attending to any disputes arising between you and the Courier and/or the receiver.

9. Breach
9.1. Zap Delivery may, without notice or delay, remove Content, issue warnings on the App of a User’s actions, issue warnings to a User directly, temporarily suspend a User’s account and/or the User’s account privileges, terminate a User’s account, take all technical and legal steps to keep a User from accessing the App, and/or refuse to provide services to a User, if any of the following non-exhaustive circumstances apply:

9.1.1. Zap Delivery suspects that such User has breached the terms in this TOS;

9.1.2. Zap Delivery is unable to verify or authenticate any of such User’s personal information or Content;

9.1.3. Zap Delivery discovers that such User account has been inactive for more than six (6) months or has been unconfirmed for more than one (1) month; or

9.1.4. Zap Delivery believes that such User has engaged in improper or fraudulent activity in connection with Zap Delivery and/or the App, or that the User’s actions may cause legal liability or financial loss to Zap Delivery’s other Users or to Zap Delivery
itself.

10. Limitation of Liability

10.1. To the maximum extent permitted by applicable laws, save for death or personal injury caused by our own negligence, you agree that Zap Delivery shall have no liability to you howsoever and whatsoever. Without prejudice to the same, in the event liability is found, you hereby agree that Zap Delivery’s liability for any loss or damage, including but without limitation to (1) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (2) loss of or damage to reputation of you or any third party, (3) loss of information or data, (4) loss resulting from any use, inability to use, interruption, suspension, or termination of the App and/or Zap Delivery’s services, (5) loss resulting from any deletion, mis-delivery, failure, or untimeliness in posting or storing any information, (6) loss of opportunities, profits, savings, information, use or other commercial or economic loss, or (7) loss resulting from any other matter otherwise, related to your use and/or reliance of the App, shall be limited to S$250.00.

10.2. You understand and agree that your sole and exclusive right and remedy with respect to any defect in, or dissatisfaction with, the App, or any other grievance not specified in Clause

10.1, shall be your discontinuation of access to, or use of, the App and/or Zap Delivery’s services.

11. General Disclaimers

11.1. Zap Delivery provides the App on an “as is” basis and you understand and agree that there are risks in using the App, Zap Delivery’s website or services, and your use thereof is solely at your own discretion.

11.2. Zap Delivery makes no warranty, whether express or implied, as to the title, merchantability, performance, fitness for a particular purpose, quality, safety, morality or legality, truthfulness or accuracy of any Content, Information, or item provided or entered by Users on the App.

11.3. Zap Delivery does not warrant or guarantee that the functions or service accessed through the App will always be available, uninterrupted, error-free, or that defects on he App will be corrected.

11.4. Zap Delivery will not pre-screen or vet the content or information provided by users of the App in creating or accepting orders, and accordingly does not warrant that you or the Courier will actually complete a transaction.

12. Indemnity

12.1. You agree to indemnify and keep Zap Delivery indemnified from and against any and all loss, damage, or liability (whether criminal or civil) suffered and any legal fees and costs incurred by Zap Delivery arising out of or resulting from your use of the App, your breach of this TOS, or your violation of any law or the rights of a third party.

13. Severability

13.1. In the event that any provision of this TOS or the application thereof to any person or in any circumstances shall be determined to be invalid, unlawful, or unenforceable to any extent, the remainder of this TOS and its application to other persons shall not be affected thereby, and each remaining provision of the TOS shall continue to be valid and may be enforced to the fullest extent permitted by law.

14. Relationship between User and Zap Delivery

14.1. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is created, or intended to be created, between you and Zap Delivery by this TOS.

15. Choice of Law

15.1.This TOS shall in all respects be governed, nterpreted and construed with and by the laws of Singapore.