SMS Mail – Frequently Asked Questions
Q1. How does SMS Mail works?
A1. You can do barcode label printing for SMS Mail via Ezy2ship website (www.ezy2ship.com) or Ezy2ship kiosk located at designated SingPost Post Office. Paste the labels and post your items at SingPost Post Office counters accordingly.
Q2: How do I track the delivery status of SMS Mail?
A2. You can check the delivery status of SMS Mail at www.singpost.com (click "Track Item" icon) or on SingPost Mobile App.
By entering the SMS reference number (e.g. SP002828A900110090004), you are able to track the delivery status of SMS Mail after it has been posted.
Q3: What is the maximum weight and dimension of an SMS Mail item?
A3. The item must not be heavier than 2kg or larger than 30 cm (L) x 19 cm (W) x 7 cm (H).
Q4. What is the SMS notification message which recipient receives?
A4. The SMS notification message format as follows:
“Good day, your mail item [item number] has been delivered to your letterbox. Please ignore this message if item has already been collected.”
Q5: When will the recipients received the SMS notification?
A5: SMS notification will be sent to the recipient’s mobile phone on the same day that the item was successfully delivered.
Q6: What happen if delivery to letter box was unsuccessful?
A6: Our Postman will deliver the item to the recipient’s letter box and a SMS text will be sent to the recipient’s mobile phone number on the same day upon successful delivery. In the event that delivery is unsuccessful for whatever reason (for example, the letter box is full), our postman will proceed to attempt delivery at the recipient’s door-step. Where door-step delivery is also not possible (for example, where no one is at home), a Delivery Advice will be placed at the door-step informing the recipient to collect his item from the nearest post office. In this case, no SMS will be sent.
Q7: Does SMS Mail deliver to restricted areas such as camps?
A7: SMS Mail Service is provided only to addresses within the main island of the Republic of Singapore (including Sentosa Island and Jurong Island but excluding the off-shore islands).
However, due to regulations for restricted areas like camps, SMS Mail will only be sent to the designated area in the premises (e.g. mailroom) as per instructed.
SMS Mail Terms & Conditions (T&Cs)
- "BMC" means SingPost's Bulk Mail Centre at 10 Eunos Road 8, Singapore Post Centre (via East Entrance – 10 Eunos Road 5), Singapore 408600;
- "Card" means a credit/ debit card, loyalty card, membership card or other similar cards;
- "Delivery Service" means the domestic delivery of an Item in the manner described in Clause 4;
- "Document" means a bank statement, notification letter, letter containing information on loyalty points, bill, invoice, certificate, business paper, blueprint, computer printout, contract, insurance policy, newsletter, magazine, direct mail with promotional information or offers detailed on a brochure, flyer or leaflet or other similar documents or any combination of the foregoing;
- "Item" means the letterbox deliverable envelope/ package/ parcel addressed to a Recipient and not exceeding the weight and dimensions set out in Clauses 2 and 3 below to which the Delivery Service applies;
- "Manifest" means the written declaration (in such form prescribed by SingPost) to be submitted by the Sender setting out details including, but not limited to, address, reference number, weight, content and value of Item;
- "Mobile Number" means a valid Singapore-registered mobile phone number (or such other contact number of a device capable of receiving an SMS) of a Recipient provided by the Sender to and accepted by SingPost;
- "Recipient" means the individual or company named by the Sender to whom the Item is to be delivered;
- "Sender" means the successful applicant of the SMS Mail Service;
- "SMS" means the mode of telecommunication known as Short-Message-Service;
- "SMS Service" means (a) the sending of an SMS by SingPost (on behalf of the Sender) to a Mobile Number corresponding to an Item after the Delivery Service has been provided by SingPost or (b) the notification from SingPost to the Sender to enable the Sender to transmit an SMS to the Recipient after the Delivery Service has been provided by SingPost;
- "SMS Mail Service" means collectively, the Delivery Service and the SMS Service; and
- "Working Day" means any day from Mondays to Fridays (excluding public holidays).
2. MAXIMUM WEIGHT
2.1 Each Item and its contents shall not exceed the maximum weight limit of 5 kilograms.
3. MAXIMUM DIMENSIONS
3.1 The maximum dimensions of each Item are not to exceed 190mm (width) x 300mm (depth) x 70mm (height). The Sender shall ensure that each Item and its contents does not exceed the aforesaid maximum dimensions.
3.2 Any Item which is posted by the Sender to which the Delivery Service applies which exceeds the aforementioned maximum dimensions may, at SingPost's absolute discretion, be rejected for delivery.
4. DELIVERY SERVICE
4.1 Unless otherwise agreed in writing by SingPost, all Items are to be:-
- prepared, lodged, posted and delivered in accordance with and subject to the Postage Paid Impression (PPI) Service Terms & Conditions as may be prevailing from time to time; and
- lodged with an accompanying Manifest. In the event that SingPost accepts lodgement of the Item without an accompanying Manifest, SingPost shall not be liable to the Sender under Clause 8.1 or for any loss or damage to the Item or for any claim arising thereunder.
4.2 Pursuant to the Delivery Service, SingPost will attempt to deliver the Item to the Recipient in the following order: -
- Delivery to the Recipient's letterbox ("Letterbox Delivery").
- If the Recipient's letterbox is full or of an older version of which the dimensions are too small to fit the Item, SingPost will deliver the Item to the Recipient's doorstep at the address stated by the Sender ("Doorstep Delivery"). The Item may not necessarily be delivered to the named Recipient personally. If there is no one at the Recipient's address to take delivery of the Item, SingPost will leave a delivery advice at the Recipient's door-step for the Recipient to collect the Item at the post office(s) stated on the delivery advice.
4.3 There will not be any subsequent delivery attempt to the Recipient's address or any redirection of the Item to any other address or to any other SingPost post office not stated in the delivery advice.
4.4 The Delivery Service is provided only to locations within the main island of the Republic of Singapore (including Sentosa Island and Jurong Island but excluding the other offshore islands).
4.5 SingPost shall have no liability towards the Sender in the event that:-
- the Recipient fails to collect the Item by the expiry of ten (10) Working Days from the date of the delivery advice described in Clause 4.2(b); or
- the Item is not lodged with an accompanying Manifest; or
- the Item lodged contains a Document or Card (notwithstanding the declaration of the Item on the accompanying Manifest).
5. SMS SERVICE AND SERVICE LEVELS
5.1 Clause 5 shall only apply where the SMS is sent by SingPost (or its authorised contractor or agent).
5.2 SingPost's obligations herein shall be deemed fully discharged and the Recipient shall be deemed to have duly received the SMS under the SMS Service at the time when the SMS was sent by SingPost (or its authorised contractor or agent). SingPost is not obliged to inform the Recipient or the Sender (as the case may be) that the SMS had been sent or of the information which was sent via the SMS Service.
5.3 The SMS sent through the SMS Service may be blocked, delayed, partially delivered or prevented from being delivered by the relevant telecommunication service provider or for other reasons outside of SingPost's control. SingPost does not warrant that the SMS Service will be uninterrupted, reliable, confidential, secret, secure or error-free or that the SMS will reach the intended Recipient during or within any stated timeframe. Save for the notice of delivery of the Item contained in the SMS sent by SingPost, SingPost does not warrant or guarantee the accuracy, completeness, truth or reliability of the rest of the message transmitted via the SMS Service. Notwithstanding the foregoing, SingPost's obligations are fully discharged in accordance with Clause 5.2.
5.4 All SMS sent by SingPost are one-way transmission only. Unless otherwise expressly stated in such SMS, the Sender shall procure that the Recipient shall, not reply to such SMS.
5.5 The Sender agrees that the Recipient is responsible for:-
- ensuring that the telecommunication device to which the Mobile Number is assigned is capable of receiving and viewing the SMS; and
- taking all reasonably practicable measures to ensure the confidentiality and security of the telecommunication device to which the Mobile Number is assigned, the access to such device on which the SMS is viewed and the data (including the SMS) which is stored in such device; and
- any fees or charges levied by the Recipient's telecommunication service provider and any relevant terms and conditions of such service provider applicable to the provision of telecommunication services to the Recipient (including receiving and viewing of SMS).
5.6 The SMS Service may, without notice to the Sender, be suspended for any reason including without limitation, due to any breakdown, maintenance, modification, expansion and/or enhancement work to the network responsible for sending the SMS under the SMS Service.
5.7 The Sender agrees and confirms that the Sender has obtained the Recipient's agreement or consent to receive from SingPost via SMS containing (i) the Recipient's personal information and (ii) information relating to the SMS Service. SingPost shall not be liable or responsible for any actual or threatened loss or damage of the Sender or any third party as long as the SMS Service is provided using the particulars of the Recipient and the Mobile Number provided by the Sender to SingPost.
5.8 SingPost shall not be liable for consequences arising from any cause beyond its control including without limitation, failure of the Recipient's telecommunication device to receive information for whatever reason, any telecommunication breakdown, power failure, malfunction or interruption or inadequacy of equipment or installation.
5.9 The service levels for the SMS Service are stated below:-
- Upon Letterbox Delivery, an SMS shall be sent to the Recipient by 8.30pm on the same day of successful Letterbox Delivery or Doorstep Delivery.
- In the event that the Item is to be self-collected at a post office, no SMS shall be sent to the Recipient.
6.1 Dangerous and prohibited items, including but not limited to explosives, poison, flammable items, radioactive material, compressed gas, corrosive, firearms and any items which by its nature or packaging may expose officers of SingPost to injury or cause damage to other items, are prohibited by law and will not be accepted.
6.2 Coins, bank notes, currency notes or securities of any kind payable to bearer are to be sent via insured post only. Compensation will not be payable for such lost items under the SMS Mail Service.
7. SENDER'S RESPONSIBILITIES
7.1 The Sender shall ensure that every Item lodged at the BMC carries a barcode label ("Barcode Label"), a sample of which is set out below:-
7.2 The Sender shall ensure that each Barcode Label (which comprises the Item Barcode and the Item Number as indicated above) satisfies the following criteria:-
7.2.1 Item Number format:
- The Item Number shall contain 21 alphanumeric characters, e.g. SS100123A901199991001.
- The first 9 characters of each Item Number shall be allocated by SingPost.
- The next 8 characters of each Item Number shall be the Mobile Number.
- The last 4 characters of each Item Number shall be the Sender's reference number (as provided by the Sender).
7.2.2 Item Barcode format:
- Each Item Barcode shall follow the barcode format known as 3 of 9 barcode (also known as Code 39 or Code 3 of 9).
7.2.3 Barcode Label position and size:
- Each Barcode Label shall be printed in font size 12;
- Each Barcode Label shall appear below the window of an envelope, after the mailing address.
7.3 The Sender shall provide the following information accurately, truthfully, legibly and in a complete manner:-
- the name and address of the Recipient and the Barcode Label of each Item stated on the external packaging of the Item; and
- the information required in the accompanying Manifest of the Item(s), and the Sender agrees that SingPost shall not be liable to verify any of the above information provided by the Sender.
7.4 The Sender shall provide its own name and address clearly and accurately to SingPost. In the event that no return address is provided by the Sender and if an Item is not able to be delivered or an Item is not collected in accordance with Clause 4.2, the said Item shall be disposed or handled in such manner as SingPost, in its absolute discretion, thinks fit.
7.5 If the Recipient is a company or any entity other than an individual, the Sender shall ensure that the following types of information are clearly and accurately stated on the external packaging of the Item:-
- the name of such company or entity;
- address; and
- name, department and/or section of and Mobile Number of the person to whom the Item is to be marked to the attention of.
7.6 The Sender is responsible for obtaining independent advice and procuring its own insurance coverage for an Item. An Item that is of high value shall be delivered and processed under this SMS Mail Service at the Sender's risk.
8. LIMITATION OF LIABILITY
8.1 Notwithstanding any limitation of liability in the Postage Paid Impression (PPI) Service Terms & Conditions, to the extent permitted by law, and subject to satisfactory proof of claim by the Sender, SingPost's liability for any direct damages to the Sender in contract, tort or otherwise (including any liability for negligence), arising by reason of or in connection with the SMS Mail Service for an Item that (a) does not contain a Document and/or Card and (b) is lodged with an accompanying Manifest, shall be limited to Singapore Dollars Thirty (S$30.00) for each such Item or the declared value of the such Item, whichever is lower, for any one incident or series of events arising from a single incident or common cause.
8.2 SingPost shall not be in breach of these terms and conditions, and shall not be liable to the Sender for its failure to perform its obligations if, and to the extent that, such failure results from the Sender failing to perform any of its obligations under these terms and conditions.
8.3 SingPost is not responsible for checking the contents of any Item. Save as provided in Clause 8.1 above, SingPost shall not be liable for any other damage or loss (whether of a direct or indirect nature) whatsoever to the Sender or for any threatened or actual claims made by or against the Sender arising from, in connection with or as a result of the loss, damage or misappropriation of an Item that contains a Document and/or a Card.
9.1 All claims by the Sender in relation to any failure on SingPost to perform its obligations under the SMS Mail Service herein must be made within fourteen (14) days from the date the Item is lodged at the BMC. Such claims must be made in writing, accompanied by supporting documents and relevant receipts. All claims are to be submitted to:-
Customer Relations Department
Singapore Post Limited
10 Eunos Road 8
Singapore Post Centre
10. ENTIRE AGREEMENT
10.1 The Sender shall be bound by and shall fully observe and comply with all the SingPost General Terms & Conditions as well as such other terms and conditions as may be agreed between SingPost and the Sender. The rights and protections conferred on SingPost under these SMS Mail Service Terms and Conditions shall be additional to the rights and protections conferred on SingPost under the SingPost General Terms & Conditions and any other terms and conditions as may be agreed between SingPost and the Sender. In the event that any of these SMS Mail Service Terms & Conditions are inconsistent with the SingPost General Terms & Conditions, these SMS Mail Service Terms & Conditions set out herein shall prevail.
* All charges stated herein are exclusive of Goods and Services Taxes ("GST") and are subject to prevailing GST.
SMS Mail is a value added service for domestic delivery. It alerts your recipients via SMS to their mobile phone when a mail is successfully delivered to their letterbox. SMS Mail comes with online tracking and it is an economical delivery option especially for valuable letter items and small package items (e-commerce) that are letterbox deliverable (maximum dimension: 30 cm (L) x 19 cm (W) x 7cm(H)).
Benefits of SMS Mail
At only an additional $1.00 per mail
Same day SMS alerts to recipient upon successful delivery
24/7 online tracking
|High success delivery rate
Items are letterbox deliverables
Your recipients can alert you if they did not receive the mail in their letterbox
For small package items
$1.00 per item in addition to prevailing domestic postage rates*. All rates are subject to prevailing GST charge.
SMS Mail must fit within the maximum dimension of 30cm (L) x 19cm (W) x 7cm (H).
How does SMS Mail Work?
- SMS Mail Frequently Asked Questions
- SMS Mail Terms & Conditions
- Generate SMS Mail barcode via Ezy2Ship
- General Terms & Conditions
General Terms & Conditions (T&Cs)
1. Definitions and Interpretation
1.1 In these General Terms & Conditions, the following words and expressions shall have the following meanings:
|Authority||means in relation to SingPost, the Info-communications Development Authority of Singapore established and constituted under the Infocommunications Development Authority of Singapore Act (Cap. 137A) of Singapore, or any governmental or regulatory body which has the responsibility of supervising and/or regulating the postal industry in Singapore and its licensees thereunder.|
means any addition, deletion, modification or alteration to the Service, the manner in which the Service is provided, or the performance standards of the Service, as may be mutually agreed in writing by the Parties.
|Charges||means the fees payable by the Customer in connection with provision of the Service.|
includes, but is not limited to, all information of a commercial, technical or financial nature relating to the Service and/or the Disclosing Party which is deemed to be unique, secret and confidential, and which constitutes the exclusive property or trade secrets of the Disclosing Party, regardless of form, format or media including without limitation, written, oral or information reduced to tangible form and also includes information communicated or obtained through meetings, documents, correspondence or inspection of tangible items.
|Customer||means any association, partnership, firm or corporation who applies or subscribes for or utilises the Service.|
|Customer Information||means, in relation to a Customer, all information which SingPost obtains, and any other information and data provided by the Customer to SingPost, as a result of the Customer’s use of a Service provided by SingPost.|
|Disclosing Party||means the Party who discloses Confidential Information to the Receiving Party.|
|GST||means prevailing tax imposed under the Goods and Services Tax Act (Cap.117A) (the “GST Act”).|
|Party||means either SingPost or the Customer as the case may be.|
|Receiving Party||means the Party who receives Confidential Information from the Disclosing Party.|
|Security Deposit||means the deposit in such form and for such amount as may be reasonably required by SingPost from time to time.|
|Service||means any service offered or provided by SingPost from time to time.|
|Specific Service Terms & Conditions||means the terms and conditions prescribed by SingPost with respect to the provision of a specific Service.|
|Working Day||means Mondays to Fridays (excluding public holidays).|
1.2 Unless the contrary intention appears:
- A reference to these General Terms & Conditions or another instrument includes any variation or replacement of any of them;
- A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
- The singular includes the plural and vice versa;
- The word “person” includes a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
- If a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
- A reference to a day is to be interpreted as the period of time commencing at midnight and ending twenty-four (24) hours later;
- A reference to a time is a reference to Singapore time;
- A reference to any thing (including, without limitation, any amount) is a reference to the whole and each part of it and a reference to a group of persons is a reference to all of them collectively, to any two or more of them collectively and to each of them individually;
- The words “including”, “for example” or “such as” are not used as, or to be interpreted as a word of limitation, and do not limit the meaning of the words to which the example relates to that example or example of a similar kind;
- No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these General Terms & Conditions or any part of it; and
- Headings are inserted for convenience and do not affect the interpretation of these General Terms & Conditions and/or Specific Service Terms & Conditions.
2. Application of General Terms & Conditions
2.1 These General Terms & Conditions shall apply to each and all the Services whenever applied for or provided to the Customer, in addition to any Specific Service Terms & Conditions, except to the extent, if any, expressly excluded in the Specific Service Terms & Conditions, provided nevertheless:
- That in the event of any conflict or inconsistency between any provision of the Specific Service Terms & Conditions and any provision of these General Terms & Conditions, the provision of the Specific Terms & Conditions shall prevail over the provision of these General Terms & Conditions; and
- That all rights conferred on SingPost under these General Terms & Conditions with respect to any matter or event shall be additional to the rights conferred on SingPost under the Specific Terms & Conditions with respect to that matter or event.
3.1 SingPost reserves the right to refuse to offer the Service to any Customer without having to assign any reason for such refusal.
3.2 SingPost shall perform the Service in accordance with the service levels set out in the Specific Service Terms & Conditions.
3.3 The Company shall comply with the Specific Service Terms & Conditions.
3.4 Either Party may from time to time request Changes to the Service. No Changes shall be implemented unless and until the scope of the Changes and any additional Charges to be paid by the Customer arising from the Changes have been mutually agreed in writing by the Parties.
4. Charges and Payment
4.1 In consideration of SingPost’s provision of the Service, the Customer shall pay to SingPost the Charges.
4.2 SingPost may at any time review the Charges, and any new Charges so specified by SingPost shall apply from such date as SingPost may notify the Customer in writing.
4.3 Notwithstanding anything contained herein, SingPost reserves the right to revise the Charges without prior notice as a result of:
- Any approval, order, direction, determination, requirement, laws, regulations or procedures imposed by any governmental or regulatory authorities or the Authority; and/or
- Surcharges relating to fuel, security, conveyance costs or any other costs arising from situations beyond the reasonable control of SingPost.
4.4 SingPost shall prepare and deliver to the Customer invoices for the Charges on a monthly basis in arrears. Such invoices shall state the Charges and GST payable (where applicable). All Charges are subject to prevailing GST unless the contrary is expressly stated. Where all or any part of the Charges are expressly stated to be exclusive of GST, GST shall be payable, where applicable, to all or such part of the Charges hereunder.
4.5 The Customer shall pay all undisputed Charges stated in the invoices within thirty (30) days from the date of that invoice, failing which the Customer shall pay SingPost interest at the rate of twelve per cent (12%) per annum from the due date until the date of full payment.
4.6 If the Customer, in good faith, disputes an invoice in whole or in part, it shall submit such dispute to SingPost together with reasonable supporting documentation to substantiate such dispute, within thirty (30) days after the date of the invoice. The Parties shall cooperate to investigate the dispute and resolve it within fourteen (14) days from the date the dispute was first notified to SingPost. SingPost
may at its discretion, but not be obliged to, waive interest on the disputed amount at the rate of twelve per cent (12%) per annum from its original due date until the date of full payment of the disputed amount.
4.7 In the event the Customer requires SingPost to present its invoices or to allow payment of its invoices via electronic means, the Customer shall bear all charges incurred, including all third party charges, if any.
4.8 The Customer shall, whenever requested by SingPost, lodge with SingPost with a Security Deposit for the due observance by the Customer of all stipulations, conditions and obligations on the part of the Customer. The Security Deposit shall either be in the form of a bank cheque or an unconditional banker’s guarantee, from a bank established in the Republic of Singapore and approved by SingPost. In the event of default by the Customer in complying with the stipulations, conditions and obligations contained in these General Terms & Conditions and/or Specific Service Terms & Conditions, SingPost shall be entitled but not obliged and without prejudice to any other remedy which SingPost may be entitled, to apply the Security Deposit or any part thereof in or towards payment of any moneys outstanding or to remedy such defaults or to compensate SingPost any loss or expense to SingPost occasioned by such default. If any part of the Security Deposit shall be applied by SingPost in accordance with this Clause, the Customer shall on demand by SingPost forthwith deposit with SingPost the amount deducted from the Security Deposit. Within three (3) months from the date of expiry or termination of these General Terms & Conditions and/or Specific Service Terms & Conditions, SingPost shall return the bank cheque or discharge the banker’s guarantee for the full value or the balance thereof, as the case may be, without any interest payable thereon.
4.9 If the Customer fails to make payment to SingPost on the due date, without prejudice to any other right or remedy available to SingPost, SingPost shall be entitled to:
- Upon having served a notice seven (7) Working Days prior to its intention to suspend the performance of the Service, immediately suspend after expiry of such notice, the performance or further performance of its obligations without liability to the Customer, until the Charges which are due and payable are paid in full, including any interest levied, and
- Deduct from the Security Deposit all outstanding amounts due.
4.10 Invoices are due and payable in Singapore Dollars.
4.11 All payments for Charges must be:
- Paid by cheque, banker’s draft, cashier’s order or electronic transfer directly to the nominated account(s) of SingPost;
- Paid without counterclaim and free and clear of any withholding or deduction; and
- Accompanied by such information as is reasonably required by SingPost to properly allocate payments received.
4.12 For settlement of accounts by interbank GIRO, the Customer shall:
- Fulfill all conditions stated in the application form for interbank GIRO; and
- Be fully responsible for ensuring that there are sufficient funds in its bank account for the GIRO deduction. If the GIRO deduction is not successful regardless of whatever reasons and in the event that any invoice remains unpaid after becoming due, SingPost shall be entitled to charge interest on the unpaid Charges at the rate of twelve per cent (12%) per annum from the due date of the invoice till the receipt of the overdue payment.
5. Goods and Services Tax
5.1 Subject to Clause 4.4, the Customer shall pay to SingPost, in addition to the Charges, a sum equal to the prevailing GST chargeable on the supply to the Customer of the Service by SingPost in accordance with these General Terms & Conditions and/or Specific Service Terms & Conditions.
5.2 Any invoice or other request for payment of invoice due to the SingPost under the contract shall, if he is a taxable person for the purpose of the GST Act be in the same form and contain the same information as if it were a tax invoice for the purposes of the regulations made under the GST Act.
6. Other Taxes and Levies
6.1 Except as provided for otherwise, the Customer shall be responsible for all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated (hereinafter referred to as “Taxes”), arising out of or in connection with the Service, including but not limited to, any tax which the Customer is required to withhold or deduct from payments to SingPost, except any income tax imposed upon SingPost by the Inland Revenue Authority of Singapore.
6.2 If Taxes pursuant to Clause 6.1 above are required to be paid, the Customer shall pay such Taxes as are necessary to ensure that SingPost receives a net amount equal to the Charges which SingPost would have received had the payment not been made subject to such Taxes.
7. Limitation of Liability
7.1 To the extent permitted by law, neither Party shall be liable to the other Party in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the other Party in connection with the Service whether during or after the term of the provision of the Service. For the purposes of these General Terms & Conditions and the Specific Service Terms & Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
7.2 Where SingPost’s liability is not expressly excluded under the Specific Service Terms & Conditions or under any applicable law, subject to satisfactory proof, SingPost’s liability for direct damages to the Customer in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with the Service shall be up to a maximum aggregate
amount not exceeding the Charges paid by the Customer to SingPost for the Service for a period of one (1) month preceding the event giving rise to the claim.
7.3 Neither Party shall be in breach of these General Terms & Conditions and/or Specific Service Terms & Conditions, and shall not be liable to the other for its failure to perform its obligations if, and to the extent that, such failure results from the other Party failing to perform any of its obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions.
7.4 SingPost shall not be liable for all claims for libel, slander or infringement of copyright arising from the material transmitted or received in connection with the Service and all other claims arising out of any act or omission of the Customer in connection with the Service. In the event of any such claim, the Customer shall indemnify and keep indemnified SingPost in full in respect of such claim.
7.5 Nothing in these General Terms & Condition and/or Specific Service Terms & Conditions in any way excludes or restricts a Party’s liability for death or personal injury resulting from the negligence of that Party.
8.1 The Customer shall indemnify and keep SingPost indemnified against any claim, action, suit or proceeding brought or threatened to be brought against SingPost by a third party in relation to SingPost’s performance of the Services, arising out of any act, omission or default (whether or not negligently) of any of the Customer’s obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions, and to pay SingPost damages, costs and interest in connection with such claim, action, suit or proceeding.
9.1 Either Party (“Terminating Party”) may terminate these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary by providing notice to the other Party where:
- The Terminating Party provides not less than one (1) month’s prior written notice to the other Party; or
- The other Party breaches of any of the terms and conditions of these General Terms & Conditions and/or Specific Service Terms & Conditions, the Terminating Party has given fourteen (14) days’ notice of such breach and the other Party has failed to rectify such breach within that time.
9.2 SingPost may terminate these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary by providing notice to the Customer where:
- In the event that SingPost is of the opinion that the Service has been used in such a manner as to cause embarrassment or inconvenience or in any manner unacceptable to SingPost, and where SingPost has given fourteen (14) days’ notice of such breach and the Customer has failed to rectify such breach within that time;
- The Customer has outstanding Charges or any other monies due and payable to SingPost which remain unpaid, and where SingPost has given fourteen (14) days’ notice of such breach and the Customer has failed to rectify such breach within that time;
- SingPost is unable to provide the Services due to lack of reasonable operating capacity;
- The Customer has been adjudged bankrupt or if a receiving order has been made against it, or if the Customer is insolvent or is in liquidation (whether voluntary or compulsory) or if the Customer has made compositions or arrangements with, or assignment for the benefit of, its creditors;
- The Customer, in the case of a corporation, has a winding-up petition presented against it, or has a receiver or a receiver and manager or a judicial manager appointed;
- The Customer, in the case of a corporation, has in SingPost’s reasonable opinion, ceased to carry on business;
- The continued operation of these General Terms & Conditions and/or Specific Service Terms & Conditions would be unlawful or would pose an imminent threat to life or property;
- In SingPost’s reasonable opinion, the Customer attempted to use, is likely to use or has used the Service (whether with or without the authorisation and/or permission of SingPost) in contravention of any law;
- Any material information provided or representation made by the Customer to SingPost is untrue, misleading or inaccurate and has an adverse material impact on SingPost in relation to its provision of the Service; or
- Where any gift or consideration of any kind was given or offered to any of SingPost’s staff as an inducement or reward in connection with the provision of the Service.
9.3 In the event the Authority directs or instructs or gives guidance that SingPost should (i) terminate all or part of these General Terms & Conditions and/or Specific Service Terms & Conditions and/or (ii) continuation of these General Terms & Conditions and/or Specific Service Terms & Conditions would cause SingPost to be in breach of any laws or regulatory requirements or guidance to which it is subject, SingPost shall be entitled to terminate these General Terms & Conditions and/or Specific Service Terms & Conditions forthwith without entitling the Customer to receive any compensation in respect of the termination.
9.4 Upon termination of these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary, all Services or other rights conferred on either Party under these General Terms & Conditions and/or Specific Service Terms & Conditions (as the case may be) shall immediately terminate and the Customer shall immediately:
- Cease to use any permit(s) allocated to it;
- Cease supplying, distributing and printing the stationary incorporating the permit(s) allocated to it;
- Ensure that the permit(s) allocated to it is completely covered on all remaining copies of such stationery and shall undertake to destroy the remaining copies of the stationery; and
- Return forthwith at its own expense to SingPost any associated equipment, stationery or operational items supplied by SingPost.
9.5 If the Customer fails to comply with Clause 9.4, upon reasonable prior written notice being served upon the Customer, SingPost shall have the right to access the Customer’s premises for the purpose of recovering the stocks of materials bearing the permit(s) allocated to it or any other material or stationery belonging to SingPost and shall be at liberty to destroy and dispose of them.
9.6 Upon termination of these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary, each Party must, at its own expense, deliver to the other Party, or after notices from that other Party, destroy or erase all documents or other forms of storage which comprise or contain the other Party’s Confidential Information or from which the other Party’s Confidential Information can be reproduced.
9.7 Any such termination by either Party of these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary shall be without prejudice to any other rights or liabilities of either Party accrued prior to and including the date of termination.
9.8 In the event the Authority removes the Service required to be provided by SingPost under its licence granted by the Authority under the Postal Services Act (Cap. 237A) from being required to be supplied or exempts SingPost from supplying such Service under its licence, SingPost may immediately terminate the supply of such Service and those aspects of these General Terms & Conditions and/or Specific Service Terms & Conditions which relate to such Service, by giving written notice to the Customer with effect on or after the effective date of such removal or exemption as notified by the
9.9 Notwithstanding the termination or expiry of these General Terms & Conditions and/or Specific Service Terms & Conditions, Clause 11 shall continue in full force and effect.
9.10 Notwithstanding Clauses 9.1 to 9.9 hereof, SingPost may, upon payment by the Customer of such sums as demanded by SingPost, and in its absolute discretion, subsequently restore the Service and/or permit(s) allocated to it. Accordingly, all clauses stated herein shall continue to be in force.
9.11 A Party’s right to suspend or terminate performance of these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary pursuant to Clause 9 shall be without prejudice to any other rights or remedies, which the Party may have in law or in equity.
9.12 Any termination or suspension of the Service by SingPost for whatever reasons shall not entitle the Company to receive any compensation in respect of the termination.
10.1 All notices, demands or other communications required or permitted to be given or made under or in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by pre-paid registered post or (iii) sent by legible facsimile transmission (provided that the receipt of such facsimile transmission is confirmed and a copy thereof is sent immediately thereafter by pre-paid registered post) addressed to the intended recipient at its address or facsimile number as may be notified to the other Party in writing from time to time.
10.2 Any such notice, demand, court process or communication shall be deemed to have been duly served if it is (i) delivered by hand or sent by pre-paid registered post, at the time of delivery; or (ii) if made by successfully transmitted facsimile transmission, at the time of dispatch (provided that the receipt of such facsimile transmission is confirmed and that immediately after such dispatch, a copy thereof is sent by pre-paid registered post).
11.1 Each Party acknowledges that during the course of the performance of these General Terms & Conditions and/or Specific Service Terms & Conditions, it may have access to Confidential Information of the other Party or one of its affiliates, and the Parties acknowledge that they are in a confidential relationship with the other. Confidential Information shall be used by Receiving Party only in performing or receiving the benefit of these General Terms & Conditions and/or Specific Service Terms & Conditions and may not be used for other purposes, except upon such terms as may be agreed upon in writing by the Disclosing Party. The Receiving Party agrees to maintain the confidentiality of the Confidential Information disclosed to it under these General Terms & Conditions and/or Specific Service Terms & Conditions and to use the same degree of care as it uses with regard to its own Confidential Information to prevent the disclosure, publication or unauthorised use of the Confidential Information and in any case, no less than reasonable care. Neither Party may duplicate or copy Confidential Information of the other Party other than to the extent necessary for legitimate business use in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions.
11.2 The Receiving Party shall not be liable for the disclosure or use of Confidential Information if the same:
- Is in or enters the public domain, other than by breach of these General Terms & Conditions and/or Specific Service Terms & Conditions; or
- Is known to the Receiving Party on a non-confidential basis prior to disclosure pursuant to these General Terms & Conditions and/or Specific Service Terms & Conditions; or
- Is or has been lawfully disclosed to the Receiving Party by a third party without an obligation of confidentiality; or
- Is required to be disclosed pursuant to any applicable laws, rules or regulations or direction of statutory or regulatory authority or stock exchange or order of a relevant court of law.
11.3 Notwithstanding anything contained herein, SingPost may disclose the Confidential Information pursuant to any rules, regulations or direction of any regulatory authority.
11.4 The Customer may, by any form of writing or by the acceptance by the Customer of any terms and conditions which refer to such consent or authority, give its consent or authority to SingPost’s use of Customer Information for any purpose(s) requested by SingPost.
11.5 The Customer hereby affirmatively consents to and authorises the use by SingPost in any manner and for any purpose whatsoever or to disclose to any person, any Customer Information, including for the purposes of the sending of commercial messages to the Customer by SingPost and/or its partners. The provisions of this Clause 11.5 shall constitute a consent of the Customer for the purpose of the provisions of the Spam Control Act 2007 (Act 21 of 2007), unless otherwise notified in writing by the Customer in the procedure as determined by SingPost from time to time.
12. Dispute Resolution
12.1 If a dispute arises out of or in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions, either Party may, by notice, require the other Party to seek to resolve the dispute by negotiation in good faith.
12.2 Notwithstanding Clauses 12.1, nothing in these General Terms & Conditions and/or Specific Service Terms & Conditions shall prevent a Party, with the consent of the other Party from attempting to settle any dispute arising out of these General Terms & Conditions and/or Specific Service Terms & Conditions by the following methods:
- Mediation conducted in private and in accordance with the rules of the Singapore Mediation Centre, with each Party bearing its own costs for participation and halving the costs of engaging the mediator, with any agreement binding the Parties on its terms. Where the parties fail to reach agreement under this Clause, the dispute may be referred to the arbitration process under Clause 12.2(b) below; and/or
- Arbitration, conducted in private and in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC”) with each Party bearing its own costs for participation and halving the costs of engaging the arbitrator with any agreement binding the Parties on its terms.
12.3 Where the Parties fail to reach agreement on the appointment of a mediator or arbitrator for the purposes of Clause 12.2, the Parties will agree:
- In the case of mediation, to refer the dispute by mutual agreement to arbitration; or
- In the case of arbitration, agree to the arbitrator being appointed by the chairperson of SIAC.
13. Force Majure
13.1 SingPost shall not be liable for any loss or damage arising from its failure to perform any of its obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
14.1 SingPost has the right to assign all or part of its rights and benefits under these General Terms & Conditions and/or Specific Service Terms & Conditions. The Customer may assign all or part of its
rights and benefits under these General Terms & Conditions and/or Specific Service Terms & Conditions with the prior consent in writing of SingPost, which consent shall not be unreasonably withheld or
15.1 SingPost has the right to enter into any sub-contract for the performance of any of its obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions without prior consent of the Customer, provided always that SingPost shall remain at all times principally responsible to the Customer for its obligations under this these General Terms & Conditions and/or Specific Service Terms & Conditions.
16. Exclusion of Rights of Third Parties
16.1 A person who is not a Party to these General Terms & Conditions and/or Specific Service Terms & Conditions has no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any term of these General Terms & Conditions and/or Specific Service Terms & Conditions.
17. Independant Contractors
17.1 The relationship of the Parties shall be solely that of independent contractors. Nothing in this contract shall be deemed to constitute, create or give effect to or otherwise recognise a joint venture, partnership or formal business entity of any kind, and the rights and obligations of the Parties shall be limited to those expressly set forth herein. Nothing herein contained shall be construed as authorising either Party to act as an agent or representative of the other Party.
18. Entire Agreement
18.1 These General Terms & Conditions and/or Specific Service Terms & Conditions (as may be amended from time to time) shall constitute the entire understanding between the Parties hereto concerning the provision of the Service and supersedes and replaces any prior agreements and negotiations related to the subject matter herein.
19.1 These General Terms & Conditions and/or Specific Service Terms & Conditions will be automatically amended in accordance with any amendments required by the Authority from time to time, and the Customer shall be bound to observe and comply with these General Terms & Conditions and/or Specific Service Terms & Conditions and any such amendments thereof.
19.2 SingPost reserves the right to amend or supplement these General Terms & Conditions and/or Specific Service Terms & Conditions from time to time, and the Customer shall be bound to observe and comply with the amendment or supplement to these General Terms & Conditions and/or Specific Service Terms& Conditions.
20. Safety Measures
20.1 The Customer shall ensure that whilst within SingPost’s premises, its drivers, servants, employees, agents, representatives and/or sub-contractors observe and comply promptly with all safety measures, recommendations and regulations as may be given or necessary or requested by any relevant governmental authorities and/or SingPost, including but not limited to the Workplace Safety and Health Act (Cap. 354A) and other relevant legislation, subsidiary legislation, all enactments and/or re- enactments thereof and SingPost’s safety programme and safety management system pertaining to
industrial safety and health.
20.2 All usage of the supplied equipments within SingPost’s premises shall be at the Customer’s own risk.
21.1 The Customer shall be responsible for and shall bear all costs incurred in carrying out any publicity campaign(s) which it may wish to undertake to publicise the availability of the Service.
21.2 Any or all of the publicity involving or reflecting SingPost must be approved in writing by SingPost before its release, which approval shall not be unreasonably withheld or delayed.
22.1 If any of the provisions of these General Terms & Conditions and/or Specific Service Terms & Conditions becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or impaired.
22.2 If any of the provisions of these General Terms & Conditions and/or Specific Service Terms & Conditions becomes invalid, illegal or unenforceable, the Parties shall negotiate in good faith in order to agree upon the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed herein.
23. Applicable Law and Jurisdiction
23.1 These General Terms & Conditions and/or Specific Service Terms & Conditions shall be subject to and construed in accordance with the laws of the Republic of Singapore and the Parties hereby submit to the exclusive jurisdiction of such courts.
23.2 For the avoidance of doubt and without prejudice to Clause 23.1 hereof, it is hereby agreed and understood that these General Terms & Conditions and/or Specific Service Terms & Conditions shall, notwithstanding anything contained herein, be subject to the Postal Services Act (Cap. 237A) including any statutory modification or re-enactment thereof and any rules and regulations made there under and any directions whatsoever which the Authority has given or may give to SingPost or under any provisions of any licence granted by the Authority, where applicable.
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