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Terms And Conditions
1 We are MARINE ONLINE (SINGAPORE) PTE LTD and we own and operate this website www.marineonline.com (‘ Platform’) and the mobile app (‘App’).
2 Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 respectively shall apply to these Terms of Use.
3 BY CLICKING ON THE “I AGREE” BUTTON BELOW, AND BY YOUR CONTINUED USE OF THIS SITE, YOU AGREE THAT YOU UNDERSTAND THE TERMS AND CONDITION OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT (INCLUDING THE POLICIES), AS THEY MAY BE MODIFIED BY US FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT OR OUR POLICIES, PLEASE DO NOT USE THE SITE.
4 Your use of the Platform is subject to these Terms of Use. By using the Platform, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Platform. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement above. Your use of the Platform following changes to these Terms of Use will constitute your acceptance of those changes. Changes to these Terms of Uses include, inter alia, insertion of new Schedule/s, Addendum, Appendixes…etc.
5 You are responsible for all access to the Platform using your internet connection, even if the access is by another person including your employee(s) and/or agent(s).
6 Use of the Services is limited to authorized Customers that are of legal age and who have the legal capacity to enter into legally binding contracts under the relevant applicable laws of the respective jurisdictions.
7 Strictly no one below 18 years old shall be allowed access to the Platform. If you are below 18 years old and you proceed to access the Platform and use its Services, your parent(s) or legal guardian(s)shall take full responsibility for: – (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use.
8 We reserve the right to restrict your access to the Platform or part of it. Access to restricted areas of the Platform may subject to registration and other conditions. If we grant your permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use). You may not obtain or attempt to obtain unauthorized access to such parts of this Platform, or to any other protected information, through any means not intentionally made available by us for your specific use. Such unauthorised access would constitute a breach of this provision and an offence under the Computer Misuse Act (Chapter 50A) of Singapore.
9 We will use reasonable efforts to ensure that the Platform is available at all times. However, we cannot guarantee that the Platform or any individual function or feature of the Platform will always be available and/or error-free. In particular, the Platform may be unavailable during periods when we are implementing upgrades to or carrying out essential maintenance on the Platform.
10 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
11 The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
12 No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 11, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
13 The Trademarks both registered and unregistered belong to us or third parties. Nothing on this Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or that of any other applicable trademark owner/s.
14 We provide the Platform on ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Platform. To the maximum extent permitted by law, we expressly exclude:
14.1 all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and
14.2 any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Platform.
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including ( without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit loss of or damage to property and claims of third parties. Notwithstanding the foregoing nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded , nor in any way to exclude or limit ( Platform owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
15 Without prejudice to the generality of the foregoing, we do not warrant:-
(a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials;
(b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
(c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and
(d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorized third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
16 Exclusion of liability: Marine Online Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:
(a) any access, use and/or inability to use the Platform or the Services;
(b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
(d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
17 Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
18 Your use of the Platform is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you undertake NOT to : –
(a) use the Platform for any fraudulent or unlawful purpose including but not limited money-laundering activities;
(b) use the Platform to defame , abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
(c) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform; or express or imply that we endorse any statement you make;
(d) interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available; or violate any requirements, procedures, policies or regulations of such networks;
(e) transmit or otherwise make available in connection with the Platform any virus, worm or other malicious computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software , or equipment;
(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
(g) remove any copyright, trade mark or other proprietary rights notice from the Platform or materials originating from the Platform;
(h) frame or mirror any part of the Platform without our express prior written consent;
(i) create a database by systematically downloading and storing Platform content;
(j) use any manual or automatic device in any other way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the Sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
(k) use the Platform other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws. We reserve the right to revoke these exceptions either generally or in specific instances.
19 We reserve the right, but shall not be obliged to:
(a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate;
(b) prevent or restrict access of any Customer to the Platform and/or the Services;
© report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
20 Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at:-
https://shipping-news.marineonline.com/index.php/privacy-policy/
21 Transaction Service Agreement: Registered account holder will be subject to the Transaction Service Agreement as set out at:-
https://shipping-news.marineonline.com/index.php/transaction-services-agreement-platform/.
22 Service Fee Schedule: Charges to each transaction in respective to the various services will be subjected to the Service Fee Schedule set out at:-https://shipping-news.marineonline.com/index.php/transaction-services-agreement-service-provider/.
23 Product description: While we endeavor to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
24 Prices of Products: All Listing Prices are subject to taxes, unless otherwise stated. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
25 Third Party Vendors: You acknowledge that parties other than Marine Online (i.e. Third Party Vendors) list and sell Products on the Platform. Whether a particular Product is listed for sale on the Platform by Marine Online or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer.
26 Customers’ accounts
26.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating.
26.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data or communications posted, transmitted and validly issued by you.
27 You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
28 Hyperlinks, alerts and advertising
28.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content 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 contents, 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.
28.2 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
29 Your submissions and information
29.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
29.2 Consent to receive e-mails: You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 28.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
29.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy at https://shipping-news.marineonline.com/index.php/privacy-policy/ and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
30 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform. If we terminate your access to the Platform, you will not have the rights to bring claims against us or our affiliates with respect to such termination.
31 Termination by you: You may terminate these Terms of Use by giving seven days’ notice in writing to us.
32 Notices
32.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
32.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
32.3 Other modes: Notwithstanding Clauses 31.1 and 31.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
33 General
33.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
33.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
33.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.
33.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
33.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.
33.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
33.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
33.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
33.9 Currency: Money references under these Terms of Use shall be in US Dollars.
33.10 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
33.11 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
33.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
33.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
33.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
33.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
33.16 These Terms of Use will be governed by and construed in accordance with the laws of Singapore , and the courts of Singapore will have non-exclusive jurisdiction over any claims or dispute arising under or in connection with Terms of Use.
Schedule 1
Definitions and Interpretation
1 Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.2 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.3 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.4 “Marine Online Indemnitees” means Marine Online and all of its respective officers, employees, directors, agents, contractors and assigns.
1.5 “Marine Online”, “MOL”, “we”, “our” and “us” refer to Marine Online (Singapore) Pte. Ltd., a company incorporated pursuant to the laws of Singapore under registration number 202029433C and having its registered address at 164 Kallang Way, Level 8 Solaris @ Kallang 164, Singapore 349248.
1.6 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.7 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.8 “Password” refers to the valid password that a Customer who has an account with Marine Online may use in conjunction with the Username to access the relevant Platform and/or Services.
1.9 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. “Personal Data” shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.10 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Marine Online which is presently located at the following URL: www.marineonline.com; www.ecrewingonline.com and (b) the mobile applications made available from time to time by Marine Online, including the iOS and Android versions.
1.11 “Privacy Policy” means the privacy policy set out at https://shipping-news.marineonline.com/index.php/privacy-policy/.
1.12 “Product” means a product or service (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.13 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that: (a) contains any computer virus or other invasive or damaging code, program or macro; (b) infringes any third-party Intellectual Property or any other proprietary rights; © is defamatory, libellous or threatening; (d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class License) Notification 1996); and/or (e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.14 “Services” means services, information and functions made available by us at the Platform.
1.15 “Submission” is as defined in Clause 8.1 of these Terms of Use.
1.16 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out at https://shipping-news.marineonline.com/index.php/transaction-services-agreement-platform/.
1.17 “Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions.
1.18 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.19 “Username” refers to the unique login email address the Customer uses to register for an account with Marine Online and which Marine Online shall use to identify the Customer.
1.20 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian; and/or the individuals over the age of 18 acting with the prior consent/authorization from and acting for and on behalf of an employer or principal.
Schedule 2
Logistic Services
When you choose to use MOL’s logistics services, you, as the shipper of the goods (the “Shipper”) or the receiver of the goods (the “Receiver”), are agreeing on your behalf and on behalf of and anyone else with an interest in the Shipment that the terms contained in this Schedule shall apply (these “Terms”).
“Shipper” means the party, be it the Seller or the Buyer, that gives instructions to MOL to provide the logistic Services.
“Shipment” means any and all packages, documents or parcels that travel under each waybill and which may be carried by any means MOL chooses (unless you specify otherwise), including air, road or any other carrier.
A “waybill” shall include, inter alia, any Shipment identifier or document produced by MOL or Shipper automated systems such as a label, barcode, waybill or note as well as any electronic version thereof.
Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires additional protection or coverage, then insurance may be arranged at an additional cost which shall be borne by the Shipper or Receiver as the case may be..
1 Customs Clearance
MOL may perform any of the following activities on Shipper’s or Receiver’s behalf in order to provide its services:
(1) complete any documents, amend product or service codes, and pay any duties, taxes or penalties required under applicable laws and regulations (“Customs Duties”),
(2) act as Shipper’s forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and
(3) redirect the Shipment to Receiver’s customs broker or other address upon request by any person who MOL believes in its reasonable opinion to be authorized.
2 Unacceptable Shipments
A Shipment is unacceptable if:
(1) no customs declaration is made when required by applicable customs regulations,
(2) it contains counterfeit goods, animals, bullion, currency, gem stones; weapons, explosives and ammunition; human remains; illegal items, such as ivory and narcotics,
(3) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods), IMO (International Maritime Organisation) or other relevant organization (“Dangerous Goods”),
(4) its address is incorrect or not properly marked or its packaging is defective or inadequate to ensure safe transportation subject to ordinary care in handling the package,
(5) it contains any other item which MOL determines at its sole discretion that cannot be carried or delivered safely or legally.
3 Deliveries and Undeliverable Shipments
(1) Shipments cannot be delivered to PO boxes. Shipments will be delivered to the Receiver’s address given by Shipper but not necessarily to the named Receiver personally.
(2) Shipments to addresses with a central receiving area will be delivered to that area. MOL may notify Receiver of an upcoming delivery or a missed delivery. Receiver may be offered alternative delivery options such as delivery on another day, no signature required, redirection or collection at a MOL Service Point. Shipper may exclude some delivery options on request.
(3) If the Shipment is deemed to be unacceptable as described in Clause 2 above (“Unacceptable Shipments”), or it has been undervalued for customs purposes, or Receiver cannot be reasonably be identified or located, or Receiver refuses delivery or to pay customs duties or other Shipment charges, MOL shall use reasonable efforts to return the Shipment to Shipper at Shipper’s costs and expenses, failing which the Shipment may be released, disposed of or sold without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against customs duties, Shipment charges and related administrative costs with the balance of the proceeds of a sale to be returned to Shipper. MOL shall have the right to destroy any Shipment which any law prevents MOL from returning to Shipper as well as any Shipment of Dangerous Goods and any such costs incurred by MOL shall be for Shipper’s account.
4 Inspection
(1) MOL has the right to open and inspect any Shipment without notice to Shipper or Receiver for safety, security, customs or other regulatory reasons.
5 Shipment Charges and Fees
(1) MOL’s Shipment charges are calculated according to the higher of actual or volumetric weight per piece and any piece may be re-weighed and re-measured by MOL to confirm this calculation.
(2) Shipper, or the Receiver when MOL acts on Receiver’s behalf, shall pay or reimburse MOL for all Shipment or other charges due, or customs duties owed for services provided by MOL or incurred by MOL on Shipper’s or Receiver’s behalf. Payment of customs duties may be requested prior to delivery.
(3) If MOL uses its credit with the customs authorities or advances any customs duties on behalf of a Receiver who does not have an account with MOL, MOL shall be entitled to require additional fees to be paid by Shipper/Receiver.
6 MOL’s Liability
(1) MOL’s liability in respect of any one Shipment transported by air (including ancillary road transport or stops en route) is limited by the Warsaw or Montreal Conventions as applicable, or in the absence of such Conventions applying, to the lower of
(i) the current market or declared value, or
(ii) the relevant sums specified in the Carriage by Air (Singapore Currency Equivalents) Order or the number of Special Drawing Rights (“SDRs”) as specified in Article 22 of the Montreal Convention, as the case may be.
Such limits shall also apply to all other forms of transportation, except where Shipments are carried only by road, when the limits below apply.
(2) For cross border Shipments transported by road, MOL’s liability is or shall be deemed to be limited by the Convention for the International Carriage of Goods by Road (CMR) to the lower of
(i) the current market value or the declared value, or
(ii) [units of compensation] per kilogramme; or
(iii) such amount as may be determined by MOL subject always that such amount determined by MOL shall be lower than Clause 3(2)(i) or (ii) above
Such limits will also apply to national road transportation in the absence of any mandatory or lower liability limits in the applicable national transport law. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Clause 8 or make its own insurance arrangements.
(3) For shipments by sea, MOL’s liability in respect of any one Shipment is limited by the Hague-Visby Rules as enacted by the Carriage of Goods by Sea Act (Cap. 33) or where the Hague-Visby Rules do not apply the lower of
(i) the current market value or the declared value, or
(ii) the relevant sums specified in the Carriage of Goods by Sea (Singapore Currency Equivalents) Order.
(4) MOL’s liability is strictly limited to direct loss and damage to a Shipment only and to the per kilogram limits in this Clause 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to MOL’s attention.
(5) MOL will make every reasonable effort to deliver the Shipment according to MOL’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. UNDER NO CIRCUMSTANCES WILL MOL BE LIABLE to Shipper and/or Receiver for any losses caused by the delay in the delivery of any Shipment, whether such losses would have been foreseeable or otherwise.
7 Claims
(1) All claims from
(i) Shipper must be submitted in writing to MOL within thirty (30) calendar days upon MOL accepting the order to deliver the Shipment;
(ii) Receiver must be submitted in writing to MOL within seven (7) calendar days from the date of receiving the Shipment;
failing which MOL shall have no liability whatsoever. Claims are limited to one claim per Shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
(2) In the event that the Shipment is completely destroyed on route before reaching the final destination, the claim by the relevant party with legal ownership of the Shipment as determined by the applicable INCOTERMS shall be made against the party to which the complete destruction of the Shipment could be attributed, be it MOL or its suppliers.
8 Shipment Insurance
(1) MOL may be able to arrange insurance covering the value in respect of loss of or damage to the Shipment, provided that the Shipper so instructs MOL in writing, including by completing the insurance section on the front of the waybill or by MOL’s automated systems and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9 Circumstances Beyond MOL’s Control
(1) MOL shall not be liable for any loss or damage arising out of circumstances beyond MOL’s control. These include but are not limited to electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Shipment, even if known to MOL; any act or omission by a person not employed or contracted by MOL, e.g. Shipper, Receiver, third party, customs or other government officials, earthquakes, cyclones, storms, floods, fog, war, plane crash, embargoes, riots, civil commotions, or industrial action.
10 Shipper’s Warranties and Indemnities
(1) Shipper shall indemnify and hold MOL harmless for any loss or damage arising out of Shipper’s failure to comply with the following warranties and representations:
(i) all information provided by Shipper or its representatives is complete and accurate;
(ii) the Shipment is acceptable for transport under Clause 2 and is not an Unacceptable Shipment above;
(iii) the Shipment was prepared in secure premises by reliable persons and was protected against unauthorized interference during preparation, storage and any transportation to MOL;
(iv) Shipper has complied with all applicable customs, import, export, data protection laws, sanctions, embargos and other laws and regulations; and
(v) Shipper has obtained all necessary consents in relation to personal data provided to MOL including Receiver’s data as may be required for transport, customs clearance and delivery, such as e-mail address and mobile phone number.
11 Routing
(1) Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate transit places.
12 Governing Law & Arbitration
(1) These Terms shall be governed and construed in accordance with the laws of Singapore.
(2) Any dispute or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration seated in Singapore and administered by the Singapore International Arbitration Centre (“SIAC”) 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 a sole arbitrator and the language of the arbitral proceedings shall be English.
13 Severability
(1) The invalidity or unenforceability of any provision shall not affect any other part of these Terms.
14 Incorporation By Reference; Inconsistencies
(1) Where carriage of the Shipment is performed by a carrier other than MOL, the contractual terms of the actual carrier in respect of a particular shipment shall apply, mutatis mutandis, as between MOL and the Shipper/Receiver and which contractual terms shall be deemed to be incorporated by reference into these Terms subject to Clause 14(2) below. (2) In the event of any inconsistency between these Terms and the contractual terms of the actual carrier, these Terms shall prevail to the extent of any inconsistency
(3) In the event of any inconsistency between these Terms (which include the actual carrier’s contractual terms) and the Transaction Services Agreement (of which these Terms are a Schedule thereto), these Terms shall prevail to the extent of any inconsistency.