2 CTM services on the Marine Online Platform offers a convenient, secure and economic means of delivering cash to vessels in Singapore territorial waters (‘customers’). CTM services on the Marine Online Platform are extended to customers even if the customers are not presently members on the Marine Online Platform. CTM services shall be provided on a flat-rate basis (the ‘CTM fee’).
4 Upon receipt of the customers’ orders, Marine Online Platform shall conduct verification of the details and information provided by the customers. Such verification shall include, inter alia, ETA of the vessel, principal sum, denomination of the CTM cash as required by the ship master, bank remittance advice slip in relation to the CTM cash.
5 Notwithstanding the above, Marine Online Platform shall have unfettered discretion to decide on accepting or rejecting any customers’ online application for CTM services absolutely.
6 The customers shall instruct their respective banks to remit the CTM cash and CTM fee no less than 2 working days, which shall be defined as any weekday excluding public holidays in Singapore and weekends, before the CTM cash is required to be delivered to the ship master (the ‘Delivery date’) and the bank remittance advice slip shall be transmitted to Marine Online Platform for its verification once the remittance instructions have been given to the relevant banks no less than 2 working days before the Delivery date.
7 In the event that the customers remit the CTM cash or transmit the bank remittance advice slip less than 2 working days before the Delivery date, Marine Online Platform shall have absolute discretion to decide whether to proceed with the CTM services ordered by the customers or to cancel the customers’ orders subject to Clause 13 hereinbelow.
8 Marine Online Platform shall on the Delivery date ensure that the boarding officer delivers the CTM cash based on the customers’ instructions and orders to the respective ship master and in return the ship master shall sign and stamp on the acknowledgement receipt for the CTM cash received. The CTM services shall be completed or deemed to be completed once the receipt has been acknowledged in good order by the ship master.
9 As time is of the essence, in the event the customers fail to provide the necessary AND accurate details or information or remittance documents as required by the terms herein in a timely manner, Marine Online Platform shall be at its liberty and sole discretion to decide whether or not to accept or reject the customers’ orders without any liability whatsoever.
10 In the event that the customers fail to provide accurate delivery details such as the location, time and date resulting in the boarding officer being unable to locate the ship master to complete the delivery and subsequently a need to deliver (i) to another delivery location or (ii) on another date and time, a further fee of USD 198.00 shall be payable by the customers.
11 In the event that the CTM cash remitted by the customers to the Marine Online Platform are less than the cash amount indicated in the customers’ online application form (‘Form B’) , Marine Online Platform shall have the rights to elect to do any of the followings: – (i) complete the CTM services based on the CTM cash received by Marine Online Platform subject to the deduction of the CTM fee; or (ii) complete the CTM services upon the customers remitting the balance shortfall and the CTM fee to Marine Online Platform provided always the all such remittances shall be made no less than 2 working days before the Delivery date; or (iii) refuse to provide the CTM services ordered due to the shortfall and refund the CTM cash actually remitted to and received by Marine Online Platform after deduction of the applicable bank charges.
12 In the event that the CTM cash remitted by the customers to the Marine Online Platform are more than the cash amount indicated in the customers’ online application form (‘Form B’), and provided always that the CTM fee have been remitted, Marine Online Platform shall either (i) complete the CTM services by delivering the CTM cash amount indicate in Form B and proceed to refund the balance to the customers subject to additional payable bank charges; or (ii) complete the CTM services by delivering the full sum of the CTM cash actually received.
13 In the event that Marine Online Platform cancels the CTM services for reasons provided for in these terms and condition, Marine Online Platform shall be entitled to claim from the customers or deduct from the CTM cash received from the customers sums being applicable bank charges and all disbursements incurred by Marine Online Platform for and on behalf of the customers.
14 In the event that the customers cancel the CTM services, the followings shall apply:-
(a) If the CTM services customers remitted the CTM cash and CTM fee to Marine Online Platform all in good order, and the customers cancel the orders for the CTM services: – (i) no less than 2 working days before the Delivery date, this shall be deemed good faith cancellation and both the CTM cash and CTM fee shall be refunded to the customers subjection to payable bank charges; or (ii) less than 2 working days before the Delivery date, the CTM fee shall be forfeited and the CTM cash shall be refunded to the customers subject to payable bank charges.
(b) If the CTM services customers did not remit the CTM cash and/or CTM fee to Marine Online Platform, and the customers cancel the orders for the CTM services: – (i) no less than 2 working days before the Delivery date, this shall be deemed good faith cancellation and the customers shall not be subject to any charges or payment to Marine Online Platform; or (ii) less than 2 working days before the Delivery date, Marine Online Platform shall be entitled to claim from the customers the CTM fee and such other disbursements as may be incurred for and on behalf of the customers.
Limitation of liability
15 Except for events of fraud, deceit, wilful default or gross negligence by Marine Online Platform, Marine Online Platform shall have no liability whatsoever for any direct, indirect, or consequential loss, cost, expense, damage, or liability arising out of or in connection with this CTM services including but not limited to non-execution of any CTM services, errors or non-performance arising from payee/beneficiary banks if the banks fail to process the CTM services correctly.
16 The customers shall indemnify Marine Online Platform on a full indemnity basis against any claim for loss or damage arising out of or in connection with the CTM services. If the claim is brought in connection with a CTM services, the maximum amount of the indemnity shall be limited to the CTM cash amount in respect of which that claim is brought.
17 Customers upon making the online application for the CTM services, by way of a click-wrap term, warranted that their vessels and the owners are not presently subject to any UN or US sanctions or identified as sanctioned on the UN Security Council list or US OFAC list to comply with Marine Online Platform policy that we do not transact, supply, support or otherwise deal with sanctioned vessels and/or owners.
18 In the event that the customers breach the abovementioned warranty, Marine Online Platform shall :- (i) in the event that the warranty given was untrue or not of full and frank disclosure, Marine Online Platform shall immediately cancel the CTM services with the consequential refund of the CTM cash to the customers less administrative charges; or (ii) in the event that the warranty given was true at the time of the click-wrap confirmation by the customer, but was superceded by subsequent event rendering the warranty to be no longer true and accurate, Marine Online Platform shall immediately cancel the CTM services with a full refund of the CTM cash to the customers subject to deduction of payable bank charges.