State of e-commerce in Singapore 2021
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Whereas J&T is engaged in the business of providing logistics services of International Shipping, Final Mile delivery (the “Services”) on behalf of their clients.
Whereas the Client is interested in engaging J&T to provide the Services.
“International Shipping” refers to cross border deliveries of parcels, packages and goods.
“J&T” means J&T Express Singapore Pte Ltd.
“Parties” refers to Client and J&T collectively, and “Party” refers to either Client or J&T as the case may be.
“Prohibited Goods” have the meaning as defined in Clause 4.1 of these T&C.
“Recipient” means the addressee to whom the Shipment is sent.
“Shipment” means one or more parcel items containing goods or other items or materials which the Client hands over to J&T and which may be transported and delivered by any means of transport selected by J&T, whether by air, road or any other means of transport. Each such shipment is transported under limited liability pursuant to these T&C.
“Services” means the delivery of one or more parcels from the Client to Recipient by the applicable means of transport.
“Service Provider” means third party delivery partners, international courier companies or national postal offices where applicable.
“T&C” refers to the terms and conditions set out in this agreement.
a. These T&C shall apply to all agreements between J&T and the Client regarding the transport and delivery of Shipments, unless otherwise agreed in writing by J&T.
b. As a part of providing the Services, J&T may provide links to websites operated by third parties. J&T is not responsible for the collection or processing of personal data or the operation or contents of such third-party sites. Users should check the terms of use and privacy policies of such websites prior to use.
c. The Client agrees to be bound by the T&C at the time of account opening. Any revisions to the T&C will be posted at www.jtexpress.sg or may be obtained from J&T directly upon request. The Client’s continued use of J&T’s services including but not limited to transport and delivery of Shipments or of any J&T website shall constitute the Client’s agreement to the revised version of the T&C, and the Client also agrees to abide by the terms of use and privacy policy posted at www.jtexpress.sg.
d. The Client’s general terms and conditions shall not apply and are hereby expressly excluded, even if J&T has accepted any shipment without any express objection. Any term or condition of the Client which seeks to amend or modify these T&C must be agreed by J&T before it comes into effect.
Contracts regarding transport and delivery of Shipments are concluded between the Client and J&T, either in written form or by way of hand-over of the Shipment and acceptance of the same for transport and delivery in accordance with these T&C.
J&T accepts Shipments for transport and delivery from the Client at the sites of J&T, or picks up such Shipments at agreed sites of Client, in order to deliver such Shipments to the Recipient directly or have them delivered by another service provider.
The Client shall transmit electronically accurate shipping information via J&T shipping platform, label the Shipment correctly and provide all necessary details to enable J&T to perform the services including transport and delivery, settling of damages claims and/or return of the Shipment, as the case may be. For the avoidance of doubt, J&T shall not provide any refund if the Client does not provide the commercial invoice and/or receipt. Any inaccurate or unreadable Shipment label may potentially delay the delivery process.
J&T will accept special instructions from the Client for Shipments only if these instructions are notified in the agreed form or in a separate agreement between the Parties. J&T is not obliged to comply with any special instructions if these are issued only after the Shipment has been handed over for transport and delivery.
The Client agrees to all routing and diversion, including the possibility that the Shipment will be transported via intermediate stops, at the sole and absolute discretion of J&T.
4.1 J&T shall not undertake the transport and delivery of any Shipment which contains Prohibited Goods listed below. Prohibited Goods include, but are not limited to the items listed below, and may be updated from time to time by J&T. The latest updated list is available at www.jtexpress.sg:
4.2 The Client warrants that the Shipment does not contain any Prohibited Goods stated above and has been correctly packaged and is appropriately protected. Notwithstanding any other rights of J&T, the Client shall indemnify J&T from any liability for third-party claims or penalties resulting from the transportation or delivery of Prohibited Goods or other inadmissible or unlawful goods.
4.3 If a Shipment contains Prohibited Goods or the Shipment – because of its nature (size, format, weight, contents, etc.) or for other reasons – does not comply with Clause 4.1 above or with the other provisions of these T&C, J&T shall be entitled to:
5.1 The Client is obliged to comply with the applicable import and export regulations and the customs regulations of the country of origin, destination, and transit. The Client shall complete the necessary accompanying documents (customs declaration, export licenses etc.) truthfully and completely, and shall hand these over with the Shipment.
5.2 J&T does not assume any liability for the content of the Shipment and the accompanying documents, even if these are prepared by or on behalf of J&T upon the Client’s request. The Client remains solely responsible for all risks and consequences of importing and exporting goods. This shall apply independently of the grounds on which the dispatch is restricted or prohibited, either by applicable statutory provisions or is restricted or excluded under these T&C or other contractual provisions.
6.1 The Shipments shall be delivered to the Recipient's address specified by the Client, though not necessarily personally to a Recipient named in person. Shipments to addresses with central mail departments shall be delivered to these departments. Deliveries to PO Boxes is subjected to respective countries national postal regulations.
6.2 If required for the return of undeliverable Shipments, the Client agrees that a corresponding return label as per J&T’s requirements shall be attached to such Shipment. The Client shall use best efforts to assist J&T in returning such Shipment and particularly to furnish all necessary customs documents and all other documents and information which may be required for the return. Charges may applicable.
6.3 If the Recipient refuses to accept a Shipment or refuses to make payment, J&T shall be entitled to release, sell, destroy, or otherwise dispose of such Shipment without incurring any liability to the Client, Recipient or any other third party, provided that J&T has made reasonable efforts to return such Shipment at the expense of the Client or if applicable law prohibits or prevents the return of such Shipment to the Client.
6.4 Unless special instructions are issued by the Client, if an undeliverable Shipment is returned in accordance with Clauses 6.2 or 6.3, J&T reserves the right to determine the timeframe for, the manner (i.e., whether individually or on a consolidated basis) and the mode of transport for such returned Shipment.
6.5 Should a Shipment require the Recipient to collect and if the Recipient does not collect the Shipment within the stipulate time and date, J&T shall charge the Client for any expenses incurred.
J&T shall make available to the Client the Services and the Client shall accept the Services in accordance with these T&C, at the Service Level as follows:
7.1 Order Submission
Order submission cut-off time in J&T APP
Monday to Friday: 14:00
Saturday: 11:00
For any order submitted after 14:00 (Monday to Friday) and 11:00 (Saturday), collection will only take place on the following working day. Please indicate the tracking number on the parcels and show J&T drivers the tracking barcode from your APP. J&T drivers have the right to reject collection if parcels are not affixed properly with J&T tracking number.
7.2 Pickup Time
Latest Pickup Time (exclude public holidays)
Monday to Friday: 18:00
Saturday: 13:00
Should there be multiple pick-up addresses, it must be communicated and uploaded correctly via J&T web portal.
7.3 Delivery Lead Time
Once items are picked up and have arrived at J&T distribution center, it will be checked and sorted into zones to be ready for delivery, with up to 3 delivery attempts.
Should Recipient be unreachable by phone, email, or SMS after 3 failed delivery attempts, J&T will return the parcel back to Client. This will constitute as “Returned to Sender” and is equivalent to “Delivered” status.
J&T shall attempt to deliver 95% of the parcels with the “Arrived Hub” status at the J&T distribution centre during off-peak season (after Lunar New Year period till end September) within the chosen service level; and within 2 additional working days on top of chosen service level during festive periods (October to Lunar New Year), excluding delivery exceptions or delays due to unforeseen circumstances.
7.4 Delivery Hours
(Door delivery)
09:00 – 22:00 (Monday – Saturday)
No delivery on Public Holidays
7.5 Restricted Area
The Service is provided only to locations within the main island of the Republic of Singapore (including Sentosa Island and Free Trade Zone but excluding the other offshore islands). Please refer to Appendix A for a list of restricted areas postal codes.
7.6 Return of non-deliverables
After 3 failed delivery attempts, the undelivered parcels will be held at J&T for a maximum 7 workings days. Parcels will be returned to Client at the same price model of delivery charges.
7.7 Roles and Responsibilities
J&T Responsibilities
Client Responsibilities
8.1 Client shall pay delivery fees via online payment in J&T APP. The payment method is subject to change upon notice. J&T reserves the right to change the above rates in the event of any increase in fuel (petrol) costs, electricity tariff, toll tariff, any change in government policies that cause an increase in operational expenses or other expenses.
8.2 All prices indicated are exclusive of any taxes, customs duties, and fees. Such taxes, customs duties and fees shall be invoiced to and payable or reimbursable by Client where applicable.
8.3 In case of non-payment by the Client of any outstanding amount, J&T shall be entitled to charge interest on all overdue amounts at the rate of one percent (1%) per month from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.
8.4 In the event that the Client’s original choice of service and/or product is no longer applicable or available for any reason whatsoever, J&T reserves the right to select the next best available or appropriate service and/or product in respect of the Client’s Shipment and the charges for the service and/or product actually performed shall constitute the charges for the said Shipment.
8.5 J&T reserves the right to charge based on the higher of actual or volumetric weight per piece and any Shipment may be re-weighed and re-measured by J&T to confirm this calculation. This is referred to as “chargeable weight” and may be billed on a separate invoice.
8.6 In case of account suspension, a reactivation fee of SGD50.00 will be imposed. Account will only be reactivated after receipt of reactivation fee.”
8.7 For invoicing purposes, Client shall ensure the email address registered in J&T APP is accurate and in correct email format.
All successful payment performed through the APP is non-refundable. In the event whereby the Client wish to cancel the service after J&T performed the job, J&T reserves the right to review the refund request, on case by case basis.
9.1 Limitation of Liability regarding Delay of Delivery
J&T will make every reasonable effort to deliver the Shipment according to J&T’s regular delivery schedules, but these schedules are not binding and do not form part of the contract. J&T is not liable for any damages or loss caused by delay.
9.2 Domestic Delivery
J&T’s liability, whether in contract or in tort, for any loss of delivery items shall be limited to the value of the delivery item or S$100 per consignment, whichever is lower. Additional insurance coverage above S$100.00 by way of nominal fee can be obtained in request to J&T. 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 J&T’s attention before or after acceptance of the Shipment.
J&T shall not be liable in any manner whatsoever for the loss and/or damage of any original and/or official documents or personal documents issued by government authorities including but not limited to identification cards, passports, driver licences, birth certificates etc.
9.3 International Shipping
For purposes hereof, an item shall be deemed to be in J&T’s Possession from the point J&T collects the item from Client until the item is passed to the appointed Service Provider, and a shipping tracking number is available. In the event of loss or damage out of J&T’s Possession, J&T will facilitate the communication, using our best efforts, with the appointed Service Provider and transfer along to you any reimbursement received in accordance with the terms and conditions of the appointed Service Provider used. The Client agrees that they shall have no claim against J&T under such circumstances and will look to the Service Provider in respect of any claim arising out of the loss or damage to their Shipment.
Any claim request must be submitted to J&T within 30 days from Proof of Delivery. Any claim submitted after this period shall not be recognized. No claim shall be entertained until all outstanding amount due to J&T has been fully settled. The amount of any claim shall not be set off against any amount owing to J&T.
All claims must be made in writing, accompanied by supporting documents and relevant receipts. All claims are to be submitted to: -
J&T – Customer Service Department, Email: cs.sg@jtexpress.sg
11.1 Client warrants that neither the receipt, transportation nor the delivery of its Shipments will expose J&T or its employees, servants, agents, subcontractors, insurers or reinsurers to any sanction, prohibition or penalty (or any risk of sanction, prohibition or penalty) whatsoever imposed by any state, country, international governmental organization or other relevant authority (collectively "Sanctions") by reason of the content of the Shipments, any insurance of the Shipments taken out by the Client or any other person with an interest in the Shipments, the destination of the Shipments, the intended Recipient of the Shipments or the purchaser or end user of the content of the Shipments.
11.2 Client warrants in particular, that:
11.3 Client agrees to provide J&T immediately on request with full information about the nature of its Shipment and their intended use, as well as the identities of all parties who have any legal, financial, or commercial interest in the Shipment.
11.4 J&T is entitled to inspect Shipments and, in particular, to access any data or information contained in any electronic storage medium. J&T shall not be responsible for any delay or damage caused as a result of such inspection provided that J&T shall take reasonable care when inspecting the Shipment. Where data or information is protected by a password, details of that password shall be provided to J&T by Client on request.
11.5 If it appears in the reasonable judgement of J&T that a Shipment (or any activity required in respect of the Shipment by J&T or any other person) may expose J&T or their employees, servants, agents, subcontractors, insurers, or reinsurers to any breach of Sanctions or risk of breach of Sanctions, then:
J&T is not liable for any loss or damage arising out of circumstances beyond J&T’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 J&T; any act or omission by a person not employed or contracted by J&T, e.g. Client, Recipient, third party, customs or other government official; “Force Majeure” events include but are not limited to – fire, earthquake, cyclone, hurricane, storm, flood, fog, radiation contamination, pandemic, war, plane crash, shipwreck, or embargo, riot or civil commotion, industrial action or disputes.
The Client shall indemnify and keep J&T, its employees, servants, agents, subcontractors, insurers or re-insurers, harmless from all claims, actions, liability for loss or damage, fines, penalties, costs and expenses arising out of and/or incidental to :
13.1 Client’s failure to comply with the following warranties and representations:
13.2 the transportation or delivery of the Prohibited Goods, including the costs expenses incurred by J&T in connection with the provision of information, confiscation by the customs authorities or border seizure which are required by law or have been ordered by a court or a government authority.
13.3 customs violations specified in Clause 5. any Sanctions violations specified in Clause 11, including any non-declaration or illegal, inaccurate and/or inadequate declaration in respect of the Shipment by the Client or from any other cause in connection with the Shipment for which J&T is not responsible, including against any additional expense so incurred and all claims whatsoever brought by any third party in respect of the Shipment.
In the event any information submitted by Client to J&T contains personal data that is subject to the protection of applicable privacy and data protection laws and regulations, J&T shall limit the disclosure and processing of the personal data (to relevant third parties) to such extent as is reasonably required to effect performance of the services, to manage and administer the Client’s account(s) with J&T, to advertise products and services provided by J&T (subject at all times to the Client’s right to decline and J&T’s compliance with applicable privacy and data protection laws and regulations) and for such other purposes as may be required by law, including, communicating the same to customs authorities. The Client warrants that all personal data provided to J&T has been fairly and lawfully obtained and the Client has authority to disclose such personal data to J&T for the purposes mentioned above. The Client shall fully indemnify and keep J&T fully indemnified against any and all liability incurred by J&T as a result of such breach howsoever arising.
15.1 This agreement and its interpretation thereof shall be subject to and construed in accordance with the laws of the Republic of Singapore.
15.2 Mediation and Arbitration – In the event of any dispute arising out of or in connection with the terms and conditions herein, or the breach, termination or invalidity thereof, such dispute shall first be submitted to the Singapore Mediation Centre (“SMC”) for mediation in accordance with the procedures set out by the SMC. In the event that such dispute cannot be resolved or settled through mediation as set out above, the dispute shall thereafter be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”). The arbitration tribunal shall consist of a sole arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.
15.3 The invalidity or unenforceability of any provision shall not affect any other part of the agreement
15.4 A person who is not a party to this agreement may not enforce any term of this agreement under any laws purporting to grant such rights which is hereby excluded to the extent permissible, but this does not affect any right or remedy of a third party which exists or is available apart from such laws.
You shall ensure that you shall not:
16.1 copy, modify, distribute, download, display, transfer, post or transmit the site or its contents for any public or commercial purpose.
16.2 use any robot, spider, automatic device, manual or automated process or other means to access the site, the server(s) on which the site is/are stored, or any database connected to the site for any unauthorised purpose, such as the monitoring, collection or copying of any material on the site.
16.3 place false or misleading information on the Application,
16.4 input any information which contains viruses, Trojan horses, worms, malicious software, or other computer programming routine which may damage, interfere with, intercept with or expropriate any system, the Website or information that infringes the intellectual property rights of another.
Southeast Asia’s digital economy posted impressive growth in 2020, due in large part to the...