"Article" means any object or thing delivered by a Registered Courier Personnel to the Parcel Santa Locker System;
"Customer" means a condominium resident, tenant employee or landlord employee who is using the Service;
"Intellectual Property Rights" means all current and future copyright and related rights, rights in databases, patents, rights to inventions, utility models, trade-marks, trade and business names, domain names, marks and devices, trade dress, trade secrets, confidential information, know-how, rights in designs, and all other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, any of those rights, and all other similar or equivalent rights or forms of protection in any relevant country of the world;
"Parcel Santa" means [Parcel Santa, registration number [201726224C], a company registered under the laws of the Republic of Singapore;
"Parcel Santa Locker System" means Parcel Santa's self-serve parcel station from which an Article can be delivered to and collected from;
"Registered Courier Personnel" means an employee of the last mile delivery company, who is responsible for the delivery and retrieval of Articles to and from the Parcel Santa Locker System;
"Service" means the service offered by Parcel Santa for the Customer to self-collect his/her article from the Parcel Santa Locker System.
Use of Service
Use of the Service is on an opt-out basis. The Customer may opt out of the Service at any time, through any of the following means :-
- Parcel Santa Locker System interface;
- Parcel Santa website at www.parcelsanta.com; or
- Phone call to +65 6584 8884
An opt-out request from an individual is a request for the entire residential household, business or non-residential premises to opt out of receiving the Services. Once an opt-out request is received any and all further deliveries to that unit via the Service will be rejected.
Parcel Santa shall not be responsible for the collection of parcels for condominium residents, business or non-residential premises who opt out of receiving the Service.
Delivery of Articles
Upon deposit of the Article into the Parcel Santa Locker System by a Registered Courier Personnel, a delivery notice will be sent to the Customer via SMS to his/her registered mobile phone number and via email to his/her registered email address (if provided by the Customer) ("Delivery Notice").
Subject to Clause 3.3, the Customer may collect the Article from the Parcel Santa Locker System within 24 hours from the date and time of the Delivery Notice. The Article may be collected by following the instructions as prompted by the Parcel Santa Locker System interface.
Before the expiry of the then current collection period, the Customer may request a [12-hour extension], by accessing the unique URL provided to the Customer in the form of an SMS with the OTP within, and upon payment of the required amount, as set out on the URL link sent via SMS to the Customer's registered mobile phone number or via email to his/her registered email address (if provided by the Customer).
If the Customer fails to collect the Article within the stipulated period, the collection period for the Article will be deemed to have expired. A notice will be sent to the Customer's registered mobile phone number and via email to his/her registered email address (if provided by the Customer) and, following the date and time of that notice, the Article will no longer be available for collection from the Parcel Santa Locker System ("Expired Parcel").
All Expired Parcels will be retrieved by a Registered Courier Personnel and removed from the Parcel Santa Locker System. The last mile delivery company will schedule a re-delivery of the Expired Parcel with the Customer. Any such rescheduling is a matter for the Customer and the last mile delivery company and does not involve Parcel Santa. If re-delivery is scheduled to the Parcel Santa Locker System, such delivery will take place in accordance with this Clause 3.
Parcel Santa shall not be responsible for any communication or scheduling of deliveries between the last mile delivery company or the Registered Courier Personnel and the Customer.
Other than the fees set out in clause 3.3, in relation to a Customer requested [12-hour extension], no other fees are payable by the Customer to Parcel Santa for the provision of the Service.
Availability of lockers is on a "first-come-first-serve" basis. In the event that all the lockers at the Parcel Santa Locker System are not available, the Registered Courier Personnel may deliver the Article(s) to the Customer's doorstep, and Parcel Santa will not be responsible for such delivery.
Parcels exceeding 430 mm x 490 mm x 390 mm cannot be deposited into the Parcel Santa Locker System ("Undeliverable Parcels"). The Registered Courier Personnel may deliver any Undeliverable Parcels to the Customer's doorstep, and Parcel Santa will not be responsible for such delivery.
By using the Service, the Customer warrants that the Article(s) submitted is/are acceptable for delivery.
The Customer acknowledges and agrees that the following items are not acceptable for deposit into the Parcel Santa Locker System:
- items which are prohibited or controlled by law, including but not limited to controlled drugs and psychotropic substances, poisons, explosives, radioactive material, firearms, and obscene articles, publications and video tapes/discs;
- dangerous, flammable and hazardous products;
- animals and plants, whether dead or alive, including any perishable items or items requiring refrigeration;
- human remains and body parts in any form including organs, bones and any bodily fluids;
- bullion, currency, bearer form negotiable instruments, precious metals and stones; and
- items which have strong odours and/or which may cause damage to other Articles and/or the Parcel Santa Locker System.
The Customer may track his/her parcel on the Parcel Santa Locker System, using the tracking number and/or his/her registered mobile phone number.
Breach of these Terms and Conditions
In the event that the Customer violates any of these Terms and Conditions, Parcel Santa may, in its sole discretion and without prior notice or liability to the Customer or any other third party, terminate the Customer's access to the Parcel Santa Locker System and these Terms and Conditions.
The Customer shall indemnify and keep Parcel Santa indemnified at all times from and against any claims, demands, actions, proceedings, costs, or expenses incurred, suffered or sustained by Parcel Santa that is in connection with the Customer's breach of these Terms and Conditions.
Each indemnity is a continuing obligation, separate and independent from any other obligations under these Terms and Conditions and will survive the termination of access or these Terms and Conditions.
Parcel Santa's Responsibilities
Parcel Santa shall take all reasonable precaution to prevent unauthorised persons from having access to the Article(s) and shall also take all reasonable precaution against loss of or damage to the same. However, the Customer recognises that any such precautions do not guarantee the security of the Article(s). Any Article(s) delivered to the Parcel Santa Locker System are at the Customer's own risk and responsibility and, save as set out in clause 10.2, Parcel Santa accepts no liability or responsibility for any loss of or damage to the Article(s).
For security purposes, the Parcel Santa Locker System may be equipped with camera recording devices. Parcel Santa owns all rights to the footage obtained from such recording devices. In the event of an incident, the Customer may request the footage by following the necessary procedures through local authorities or by a court order.
Parcel Santa shall ensure that the Parcel Santa Locker System and software used to provide the Service are regularly maintained and updated. Parcel Santa reserves the right to suspend the Service for such periods as may be required for software maintenance or other faults.
Intellectual Property Rights
Parcel Santa or its licensor(s) owns all rights, title and interest (including without limitation all Intellectual Property Rights) in and to the Service, Parcel Santa Locker System, software used by Parcel Santa to provide the Service and all data generated or collected in connection with the use thereof ("Materials"). The Customer shall not copy, modify, reverse engineer, create derivative works from, license, distribute, or otherwise make any unauthorised use of the Materials.
Customer may submit comments or ideas about improvements to our Service or the Parcel Santa Locker System ("Commentary"). Parcel Santa will presume that any submission was voluntary, unsolicited by Parcel Santa, and delivered to Parcel Santa without any restrictions on use of the Commentary. Parcel Santa has no fiduciary or any other obligation to Customer in connection with any Commentary which is submitted. Parcel Santa is free to use any Commentary or the ideas reflected in the Commentary without any attribution or compensation to the Customer.
Exclusion of Liability
Parcel Santa shall not be liable for:
- any indirect or consequential loss or damage, including but not limited to loss of profits, loss of goodwill, and loss of reputation
- any delay, loss or damage arising from or in connection with:
- its failure to perform any of its obligations if such failure is the result of circumstances outside its control, including but not limited to fires, floods, explosions, acts of God, acts of war, acts of terrorism, governmental regulations, or any other similar cause beyond the reasonable control of Parcel Santa;
- any defect in the Article; or
- any act or omission by anyone other than Parcel Santa; and
- any delay or non-delivery of a parcel arising from the detention or confiscation of the parcel by the customs or any competent authority.
In any event, Parcel Santa's liability for any damage, losses, or any cause of action arising out of or relating to these Terms and Conditions shall not exceed the lesser of
- the sum of the reasonable value of the Article to which the claim relates, and
Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Singapore, and, subject to clause 11.2, the parties submit to the exclusive jurisdiction of the courts of the Republic of Singapore to settle any claim, dispute or matter of difference which may arise out of or in connection with these Terms and Conditions.
If any dispute arises with Parcel Santa under or in relation to these Terms and Conditions it shall first be referred to Parcel Santa. If the parties are unable to resolve the dispute within 20 days of referral, then such dispute shall be referred to and finally resolved by arbitration in Singapore in accordance with the 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 one arbitrator to be jointly appointed by the Parties and in the event that the parties fail to agree on the appointment, by the President of the Court of Arbitration of the SIAC. The language of the arbitration shall be English. Nothing in this clause prevents a Party from seeking urgent or similar interim relief from a court of competent jurisdiction.
Parcel Santa has the right to change or add to these Terms and Conditions at any time, and to change, delete, discontinue, or impose conditions on use of the Service by posting such changes on the Parcel Santa website at www.parcelsanta.com or any other website Parcel Santa maintains or owns. Parcel Santa may provide the Customer with notice of any changes through the Parcel Santa website, via email, or through other means. The Customer's use of the Service after a change has taken effect constitutes his/her acceptance of the modified Terms and Conditions. The Customer can access a copy of the current Terms and Conditions on the Parcel Santa website at any time. The Customer can find out when the Terms and Conditions were last changed by checking the “Last Updated” date at the bottom of these Terms and Conditions.
The Customer may not assign these Terms and Conditions or any rights or licences granted in these Terms and Conditions to others without Parcel Santa's prior written consent. Parcel Santa may assign these Terms and Conditions without the Customer's consent or any other restriction.
Except as expressly stated in these Terms and Conditions, nothing in these Terms and Conditions serves to establish a partnership, joint venture, or other agency relationship between Parcel Santa and the Customer. Neither Parcel Santa nor the Customer has the ability to bind the other party to any contract or obligation, and neither party will represent that Parcel Santa or the Customer has such an ability.
Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.
These Terms and Conditions and all policies and procedures that are incorporated by reference constitute the entire agreement between Parcel Santa and the Customer for provision and use of the Service. Except where expressly stated otherwise in writing executed between Parcel Santa and the Customer, these Terms and Conditions will prevail over any conflicting policy or agreement for the provision or use of the Service.