1. BINDING AGREEMENT
1.1 The Pegebak Mobile Application (the App) and the www.pegebak.com website (the Website) are products owed by and belong to Pegebak Pte. Ltd. The App and the Website are provided to you for your use subject to these Terms & Conditions (T&C). The T&C forms a binding agreement between you and Pegebak Pte. Ltd.
1.2 By accessing, using, downloading or browsing the App and/or the Website, you agree to be bound by the T&C unreservedly. Further, you agree to use the App and/or the Website at your own risk.
1.3 The T&C may be updated from time to time for any reason. You will be notified of the changes via the email address provided by you at the time of registration. If you do not accept any of the subsequent changes to the T&C, you should immediately cease and desist from using the App and/or the Website. If you continue to use the App and/or the Website after the date on which the changes come into effect, you are deemed to have agreed to the changes and your actions indicate your agreement to be bound by the new T&C.
2.1 Delivery Point refers to a physical location/space used as a receiving or issuing point for packages.
2.2 Delivery Point Provider refers to the person/entity providing the physical location/space i.e. the Delivery Point and performing all the services required thereto, as elaborated below.
2.3 Delivery Point User refers to the person/entity using the Delivery Point for pick-up or drop-off services for its end-user customers.
2.4 Delivery Point Agreement refers to a separate and independent Agreement entered into voluntarily by the Delivery Point Provider and the Delivery Point User governing their relationship.
2.5 Delivery Point Network refers to a grouping of Delivery Points. A Delivery Point Network is created by any Delivery Point User.
2.6 Delivery Point Wanted Listing refers to a listing of Delivery Points wanted/needed by Delivery Point Users in certain areas/locations which are not yet available/in existence.
2.7 Delivery Point Available Listing refers to a listing of a physical location/space by Delivery Point Providers available for Delivery Point Users to enter into Delivery Point Agreements.
2.8 Walletrefers to a digital closed-loop wallet in the App and/or the Website which allows for online monetary transactions and payments only in the App and/or the Website.
2.9 Available Balance means the equivalent of physical money which has the same par value in the Wallet.
2.10 Service Fee means the commission and/or charges imposed for certain transactions, top-ups and withdrawals (over and above the actual cost/value of the transaction).
2.11 Dispatch Request refers to a request by the Delivery Point User for dispatch services provided by a 3rd party.
2.12 Dispatch Provider refers to 3rd party companies providing pick-up or delivery services.
2.13 Dispatch Agreement refers to a separate and independent agreement governing the relationship between the person/entity requesting for dispatch and the Dispatch Provider.
2.14 You/Your refers to the person/entity agreeing to the T&C or any agent/representative on behalf.
3.1 Registration is open to all companies, businesses, partnerships and firms. Registration is further open to all individuals above the age of 18.
3.2 It is entirely your responsibility to provide accurate and complete information at the time of registration or at any other time.
3.3 You must inform Pegebak Pte. Ltd immediately of any changes to the information that you provided previously by updating your information. You are solely and entirely responsible for the consequences arising out of your failure to do so, inclusive of non-receipt of monies or any form of communication.
3.4 Please note that any error, accidental or otherwise, or any form of failure on your part to keep your information, inclusive of your bank account particulars updated will not result in any liability on Pegebak Pte. Ltd.
4. PASSWORD & SECURITY
4.1 When you register to use the App and/or the Website, you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that any unauthorized person knows your password, you should notify Pegebak Pte. Ltd immediately either through the App or Website directly.
4.2 If there is reason to believe that there is likely to be a breach of security or that you are in any way misusing the App and/or the Website for other than its intended purpose, your account may be suspended indefinitely and Pegebak Pte. Ltd. will not be liable for any losses or damages as a result, if any.
4.3 In addition to a password, you will also have to provide your mobile number as an additional factor to authenticate your identity.
5. INTELLECTUAL PROPERTY
5.1 All rights, titles, interest, content inclusive of all logos, button icons and other graphical elements, with the exception of 3rd party advertising banners, are owned by Pegebak Pte. Ltd.
5.2 The App and/or the Website are protected by copyright, trademark and other intellectual property rights.
6.1 The App and/or the Website is a platform enabling you to utilize it in whatever manner deemed fit by you which is compatible with the purpose of the App and/or the Website.
6.2 The purpose of the App and/or the Website is to act as a platform for merchants to provide their end-user customers with the option of collecting or picking-up their items/packages from the most convenient Delivery Point.
6.3 There is no guarantee that the App and/or the Website will be fault-free, error-free or free of viruses.
6.4 Your access to the App and/or the Website may occasionally be restricted to allow for maintenance or repairs.
7. USAGE OF THE APP AND/OR THE WEBSITE
7.1 You are hereby granted a limited, terminable, non-exclusive right to access the App and/or the Website only for the purpose for which the App and/or the Website was set up for.
7.2 You may not use the App and/or the Website for any of the following:
(i) disseminating any unlawful, abusive, lewd, pornographic, threatening, vulgar or otherwise objectionable material whether in the form of text, symbols or images;
(ii) reproducing any content from the App and/or the Website for general use;
(iii) transmitting material that encourages conduct which constitutes a criminal offence or otherwise breeches any applicable laws, regulations or code of practice;
(iv) interfering with any other persons use of or enjoyment of the App and/or the Website;
(v) making, transmitting or storing electronic copies of materials protected by intellectual property rights without the permission of the owner; and
(vi) using it as a channel for money laundering or any other activities that would be an offence under any existing statute or regulation.
7.3 The App and/or the Website may only be used by any individual or entity registered as or offering the following services:
(i) Delivery Point Provider;
(ii) Delivery Point User;
(iii) Dispatch Provider; and
(iv) Any of their authorised agents and representatives.
7.4 You further agree:
(i) not to reverse engineer or decompile any parts of the App and/or the Website; and
(ii) not to post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities such as but not limited to making, selling or buying illegal weapons, narcotics and any violation of privacy.
8. Violations of network security may result in civil and/or criminal liability. All such occurrences will be investigated and cooperation will be given to all law enforcement agencies.
9. If at any time during the use of the App and/or the Website, you either intentionally or negligently or by way of omission mislead or misrepresent any fact pertaining to the nature of your business or product, your Account will be terminated without notice.
10.1 You shall be responsible for all your transactions and for keeping track of your digital Wallet.
10.2 The use of the Wallet shall be subject to rules and regulations as specified by the Monetary Authority of Singapore and/or any other regulatory or governmental authority.
10.3 Pegebak Pte. Ltd. shall not be liable for any costs, loss or damages or any consequential loss whatsoever as a result of the usage of the Wallet.
10.4 You shall be responsible for checking and verifying all transactions including, without limitation, the amount and recipient information. Pegebak Pte. Ltd. will not entertain any request to reverse a wrongful entry as a result of negligence or error. Refunds will also not be provided in such cases.
10.5 The transactions being carried out are not always in real-time. Some transactions may take time to process.
10.6 You shall pay a Service Fee of SGD5.00 for any top-ups that are below SGD100.00. Top-ups of SGD100.00 or more do not incur any Service Fees. You shall also pay a Service Fee of 8% of the amount withdrawn for any withdrawal transaction.
10.7 Pegebak Pte. Ltd. gives no warranties or assurances as to the availability, accessibility, timeliness and uninterrupted use of service of the Wallet.
10.8 Pegebak Pte. Ltd. will use reasonable endeavours to ensure that the Wallet is secure and cannot be accessed by unauthorized 3rd parties but does not warrant the security or confidentiality of any information transmitted.
10.9 Withdrawals from the Wallet against direct top-ups not related to delivery point or dispatch activities may only be done upon the closure of your account.
10.10 The deduction or release of funds will be done in compliance with the Delivery Point Agreement and the Dispatch Agreement. In the event of any error or disagreement or dissatisfaction, said party has 7 days to inform Pegebak Pvt. Ltd. who will then investigate. Any decision by Pegebak Pvt. Ltd. in such matters will be final.
10.11 In the event, the end-user customer does not collect the package/item within 7 days of being notified, the system will disable the end-user customers collection QR code. Subsequently an uncollected package return notification email with the attached return collection QR code will be sent to the Delivery Point User. The Delivery Point User must collect the return package/item within 7 days of being notified. Failing which, the Delivery Point Provider is free to dispose of the package.
10.12 Similarly, where the end-user customer is initiating a return of the package, the Delivery Point User must collect the return package/item within 7 days of being notified. Failing which, the Delivery Point Provider is free to dispose of the package.
11. DUTIES & OBLIGATIONS OF THE DELIVERY POINT USER
11.1 Further to and in addition to the above terms, the Delivery Point User:
(i) must provide accurate and up to date information as may be requested from time to time, inclusive of photographs/images;
(ii) must cooperate and allow the inspection of any warehouse or storage facility where merchandise is stored;
(iii) must only contact the Delivery Point Provider during business operating hours and as far as possible all communications should be courteous;
(iv) must only post a listing for Delivery Point Wanted when serious; in the event it is found that such listings are made and cancelled repeatedly, your account may be suspended pending investigation. There are no repercussions for editing a listing; and
(v) is solely responsible for the preparation, inclusive of wrapping, tying and packaging where necessary, of the packages. The packages must also have the QR Code Forms & the Package Delivery Identification Label printed and pasted on each package for each transaction. In the event a single transaction is for several packages, then a single QR Code Form will do. Failure to do so, will result in the Delivery Point Provider refusing to accept the delivery of the package.
11.2 In the event of any dispute as the quality, quantity and condition of arrival of the package, the end-users rights to compensation would only be as against the Delivery Point User or the Dispatch Provider.
12. DUTIES & OBLIGATIONS OF THE DELIVERY POINT PROVIDER
12.1 Further to and in addition to the above terms, the Delivery Point Provider:
(i) must add the particulars of its Delivery Point(s) onto the Delivery Point Listing;
(ii) must respond to all communication from the Delivery Point User within 24 hours;
(iii) must provide accurate and up to date information as may be requested from time to time, inclusive of photographs/images;
(iv) must IMMEDIATELY scan all packages received using the QR Code Scanner; and
(v) must only release package to the end-user customer that provides the Customer Collection Form, which must also be scanned for verification. The Customer Collection Form can be in hardcopy or softcopy.
12.2 In the event of a breach of any of the above, the Delivery Point Provider will receive a notification/warning and will be asked to remedy the situation immediately, failing which the Delivery Point Providers account may be suspended or closed at the discretion of Pegebak Pte. Ltd.
12.3 In the event, the end-user Customer fails to collect the package within 7 days of the notification, the system will disable the end-user customers collection QR code. Subsequently an uncollected package return notification email with the attached return collection QR code will be sent to the Delivery Point User. The Delivery Point User must collect the return package/item within 7 days of being notified. Failing which, the Delivery Point Provider is free to dispose of the package.
13.1 Your account will be suspended or cancelled immediately without notice at our discretion if you breach any of the T&C.
14. DELIVERY POINT AGREEMENT
14.1 The Delivery Point Agreement is a general title of Agreements entered into between the Delivery Point User and the Delivery Point Provider.
14.2 The Agreement is auto generated but the contents and the terms are to be filled in and agreed to by both parties. Pegebak Pte. Ltd. is not a party to this Agreement.
14.3 The Agreement only comes into force or is activated once both parties approve the Agreement. In the event the Agreement is to be varied for any reason, such variation can only be done with the consent of both Parties. The revised terms come into effect only when the change requests are approved by all parties to the Agreement.
14.4 In the event, there is a breach of the Agreement, the parties rights are as per the Agreement and they have a right to seek whatever contractual remedy is available to them inclusive of court action.
14.5 Parties may terminate the Agreement at any time. Take note such termination does not extinguish any parties rights if there has been a breach.
14.6 In the event of a breach, Pegebak Pte. Ltd. has the right to electronically remove such an Agreement from the App and/or the Website and a further right to block the account. Such a removal does not extinguish the legal rights of any party arising from the Agreement.
15. DISPATCH AGREEMENT
15.1 The Dispatch Agreement is a general agreement entered into between the Delivery Point User and the Dispatch Provider.
15.2 The Agreement is auto generated but the contents and the terms are to be filled in and agreed to by both parties. Pegebak Pte. Ltd. is not a party to this Agreement.
15.3 The Agreement only comes into force or is activated once both parties approve the Agreement. In the event the Agreement is to be varied for any reason, such variation can only be done with the consent of both Parties. The revised terms come into effect only when the change requests are approved by both parties.
15.4 In the event, there is a breach of the Agreement, the parties rights are as per the Agreement and they have a right to seek whatever contractual remedy which is available to them inclusive of court action.
15.5 Parties may terminate the Agreement at any time. Take note such termination does not extinguish any parties rights if there has been a breach.
16.1 In the event of any dispute between any persons or entities utilizing the App and/or the Website, such dispute shall be governed by the respective Agreements entered into by the respective parties with each other.
16.2 You agree that irrespective of whatever factual scenario that may arise, you have no cause of action against Pegebak Pte. Ltd. Notwithstanding, in the event of a dispute, cooperation will be extended to both parties where permitted by law, in the absence of any conflict of interest and entirely within its own discretion.
16.3 Pegebak Pte. Ltd. does not screen or censor any listings nor become involved in any actual transaction.
16.4 All rights are reserved to remove any content from the App and/or the Website from time to time.
16.5 Take note that there are risks, including but not limited to, the risk of physical harm, of dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with others with whom you come in contact through the App and/or the Website. We expect you to act prudently and with caution and commonsense when using the App and/or the Website.
16.6 You acknowledge and agree that no editorial control is exercised over any postings/content or listings.
16.7 As a convenience, the App and/or the Website may include links to other websites or material. This should not in any way be construed as an endorsement or a representation that any formal relationship exists, whether contractual or otherwise.
17.1 You agree to defend, indemnify and hold Pegebak Pte. Ltd. and its subsidiaries and affiliates, harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees.
17.2 At no point does Pegebak Pte. Ltd. and its subsidiaries and its affiliates have any contact with the packages/items delivered. Neither does Pegebak Pte. Ltd. have any knowledge of the contents of the packages.
18. APPLICABLE LAW
18.1 The T&C are subject to the laws of Singapore. You hereby submit to the exclusive jurisdiction of the Singapore Court.
19.1 Any failure to exercise any particular right or provision of the T&C, shall not constitute a waiver of such right or provision, unless acknowledged and agreed in writing.
20.1 If anything in the T&C shall be found by any court to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remaining terms and conditions.
21.1 The App and/or the Website may contain inadvertent inaccuracies or typographical errors. These will be corrected as and when found.