Terms and Conditions of Use – Website

ACCEPTANCE OF TERMS

Access to and use of the Website is provided by Quantium Solutions subject to the following Terms and Conditions of Use ("Terms"). Quantium Solutions reserves the right to update these Terms at any time without notice to You.

MEANINGS AND INTERPRETATIONS

References to "Our", "We", "Us" and "Quantium Solutions" means Quantium Solutions International Pte Ltd, and include, as the context may require, subsidiaries, affiliates and associates of Quantium Solutions International Pte Ltd, their respective subsidiaries, affiliates and associates, as well as their successors and assigns.

References to "You" and "Your" shall mean references to each visitor to the Website, as the context requires.

"Website" means this Internet website owned and operated by Us accessible at any of the following uniform resource locators (urls)

www.quantiumsolutions.com

www.ezyparcels.com

including such features thereof as may be delivered therefrom.

CONDITIONS OF ACCESS

By accessing the information and materials made available on the Website, You acknowledge and accept the statements herein and agree to be bound by these Terms. Neither the information, nor any opinion contained in the Website constitutes a solicitation. The information and materials - including these Terms - may be modified, deleted or replaced from time to time and at any time at the absolute discretion of Quantium Solutions. You agree to review the Terms from time to time to be aware of such modifications, deletions or replacements and Your continued access to or use of the Website shall be deemed to be Your conclusive acceptance of the Terms (including any modifications, deletions or replacements hereto).

The Website, the service and use of all related facilities are provided "As Is" and on an "As Available" basis without any warranties whether express or implied, and Quantium Solutions shall not be liable for any loss, damage (direct or indirect), cost, liability, expense, claim or demand arising either directly or indirectly from any such transaction. Any and all warranties, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, reliability, availability, title, non-infringement or implied warranties from course of dealing or usage of trade to the extent permissible by applicable law are expressly excluded and disclaimed by Quantium Solutions.

We do not warrant that the Website will meet Your requirements or will always be accessible, uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code. Quantium Solutions is not liable in any manner to You or to any person claiming through You whomsoever, for any losses, damages (direct or indirect), costs, liabilities, expenses, claims or demands resulting from any delays, inaccuracies or errors in the information or in its transmission.

You understand that You are responsible for any content that You post or transmit on or through the Website, and You agree to use the Website in a manner consistent with all applicable laws and regulations. In particular, You will not access or use the Website in any manner that will (i) undermine the security or integrity of the Website; (ii) infringe or violate any copyright, trade mark or any other intellectual property, personal or proprietary rights of, or obligation of confidence to, any person; (iii) is offensive, obscene, defamatory or otherwise actionable; (iv) render Quantium Solutions liable or expose Quantium Solutions to any claim or proceedings whatsoever.

USERID, PASSWORD, MEMBERSHIP AND SECURITY

In the event that any userid and/or password is issued to You by Quantium Solutions, You shall preserve the confidentiality of such userid and password at all times and shall ensure that the userid and/or password are not revealed or disclosed in any manner whatsoever to any person or persons whomsoever. You should change Your password from time to time to enhance its security. You shall be fully responsible for all use and liability resulting from access to the service with Your userid and password, notwithstanding that they may have been used by any other person without Your knowledge or authority. Quantium Solutions shall not be responsible for unauthorised transactions arising from or in connection with the misuse or disclosure of Your userid and/or password.

If You do register or open an account with Quantium Solutions, You must provide Us with accurate, complete and updated registration information. If You are an individual, You must be 18 years or older. We reserve the right to terminate Your account, if any is registered or opened with Quantium Solutions, if We learn that You have provided Quantium Solutions with false or misleading registration information; or if We become aware and determine, at Our sole discretion, that You are violating any of these Terms.

You understand that when You access or use the Website, We may gather or obtain the following information: (i) personal information which You provide to Us (including, but not limited to, Your name, contact number, email address and mailing address); and (ii) general web statistics gathered or obtained as You browse the Website. You agree that We may use the said information for planning, research, design and marketing of services, or as may be required 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.

LINKS TO OTHER WEBSITES

We do not represent or intend for such links to be referrals or endorsements of the websites or the entities operating such websites and We take no responsibility for any dealings with such entities, whether or not such dealings are related to the services. You understand and acknowledge that any access to such sites is at Your own risk as We do not maintain, control or contribute to such sites or the information contained therein. You agree that You will not hold Us liable for any loss, damage, cost, liability, expense, claim or demand that may occur as a result of any reliance on or use of such information, or arising from or in connection with access to such websites.

INTELLECTUAL PROPERTY RIGHTS

The content contained on or available through the Website (including, without limitation, information, communications, software, images and sounds) is provided by Quantium Solutions and/or its third party licensors. The intellectual property rights to or over the contents contained on or available through the Website belong to Quantium Solutions and/or its third party licensors, and all rights are reserved in that regard.

For the avoidance of doubt, without the express written consent of Quantium Solutions, no right or licence may be granted to You (whether expressly or impliedly) to use the trademarks, tradenames, logos or service marks appearing on the Website, by virtue of Your access to or use of the Website.

PAYMENT

We may introduce new payment methods from time to time. Once a payment has been instructed on the actual payment date, it is non-reversible and irrevocable.

LIMITATION OF LIABILITY

QUANTIUM SOLUTIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM OR IN CONNECTION WITH THE ACCESS TO, USE OF OR THE INABILITY TO USE THE WEBSITE, DELAYS, INACCURACIES OR ERRORS IN THE INFORMATION OR IN THE TRANSMISSION OF THE WEBSITE, OR ANY INFORMATION OR TRANSACTIONS PROVIDED ON OR OVER THE WEBSITE OR DOWNLOADED OR HYPERLINKED FROM THE WEBSITE, OR PERFORMANCE OF THE CONTENTS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF QUANTIUM SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold Quantium Solutions, its parent, subsidiaries, affiliates, associates, directors, officers and employees, harmless from any loss, damage, cost, liability, expense, claim or demand, including reasonable attorneys' fees, made by any third party arising from or in connection with Your use of the Website, violation of any of these Terms, or infringement by You or any other user of Your account, of any intellectual property or other right of any person or entity.

For the avoidance of doubt, these Terms are for the benefit of Quantium Solutions, and its directors, officers, employees, suppliers, licensors, agents, and any third party licensors of the Website. As such, any of the above individuals or entities shall be entitled to assert and enforce these Terms directly against You on their own behalf.

PRODUCTS AND SERVICES

Unless otherwise agreed in writing, the products and services mentioned in the Website are subject to Quantium Solutions' Terms and Conditions of Service and/or other relevant conditions. Since these may vary depending on location of the country of origin of the shipment, please contact the nearest "Quantium Solutions local office" to obtain a copy of the local terms and conditions. Quantium Solutions' products and services may not be available in every country.

GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the Laws of the Republic of Singapore for every purpose. In the event that a dispute arises from these Terms, you agree to submit to the exclusive jurisdiction of the Singapore courts.

1.  Definitions

   1.  The following definitions shall apply to the terms and conditions set out below:
      
      1. "Applicable Law"means the law (including rules, regulations, directions or orders of any government, regulatory or statutory authority) of Singapore and of any other jurisdiction that is applicable to the Service;
      2. "item"means any envelope, document, package, parcel, packet, satchel, tube, roll or piece of freight submitted to and accepted by Quantium for delivery under any Service;
      3. "Customer"means the customer who has engaged Quantium for the Service;
      4. "ezyparcels Service(s)"means any of the ezyparcels Standard Service, ezyparcels Registered Service, ezyparcels Registered Plus Service, ezyparcels Priority Service and/or ezyparcels Premium Service offered by Quantium;
      5. "Quantium"means the relevant entity within the Quantium Solutions Group which has been engaged for the Service;
      6. "Quantium Solutions Group"means Quantium Solutions International Pte. Ltd. and its subsidiaries, associated companies and/or affiliates (whereby an 'affiliate' shall mean any person who directly or indirect controls, is controlled by, or is under common control with, Quantium Solutions International Pte. Ltd.);
      7. "Regulatory Authority"means, in relation to Quantium, any governmental or regulatory body which has the responsibility of supervising and/or regulating the industry in which Quantium has operations or business; and
      8. "Service(s)"means the ezyparcels Service(s) offered by Quantium.

2.  Customer's Responsibilities

   1. The Customer shall:
      
      1. abide by these terms & conditions at all times;
      2. submit to Quantium any such information or documents as may be required by Quantium for the purpose of verifying the identity of the Customer or to comply with any relevant laws and regulations;
      3. provide Quantium with adequate notice for any change in scheduled collection;
      4. pay Quantium the prevailing and applicable charges for the Service according to such payment terms as may be mutually agreed in writing between Quantium and Customer and in the absence of such agreement, as may be prescribed and notified by Quantium from time to time;
      5. be responsible for any bank charges or taxes resulting from making payment to Quantium;
      6.  notwithstanding any other clause in these terms and conditions, pay Quantium interest for any overdue payment at a rate of 1% per month in respect of the entire overdue amount and further, be liable for all costs and expenses incurred by Quantium to recover such overdue payments including legal fees. Quantium shall have a security interest in and over any items the Customer has given to Quantium for delivery and which are in Quantium's possession, custody or control. Quantium shall have the right to deal with any of such items in whatever way Quantium considers appropriate (including, but not limited to, selling, holding or disposing of the items) in order to recover some or all of the overdue payment from Customer and/or to reduce Quantium's costs or disruption to Quantium's business;
      7.  be liable for any charges, costs or expenses of whatsoever nature, including but not limited to storage charges, duties and taxes, administrative costs & retrieval costs imposed by Quantium's partners, agents and/or sub-contractors in connection with the Service performed and/or the item in the event that the addressee refuses to pay them; and
      8.  indemnify and keep Quantium indemnified at all times from and against all demands, claims, actions, proceedings, charges, postages, costs or expenses, including but not limited to storage charges, duties and taxes, retrieval and administrative costs (including reasonable legal costs) incurred, suffered, or sustained by Quantium in connection with the Service performed hereunder and to assist Quantium in defending or challenging any claims, actions, suits or proceedings that may be brought against Quantium.

2.  The Customer shall ensure that:
   
   1. every item complies with the following specifications requirements (which may be revised by Quantium at any time and from time to time) for the relevant Service(s):

Please refer to local customer service for the latest requirements.

2. every item is packed in a reasonably strong case, wrapper or cover appropriate to its contents, and so that no part of the contents can be removed without either breaking or tearing the case, wrapper or cover or forcing two adhesive surfaces apart, or breaking a seal;
3.  all contents of the item are adequately packed so as to protect against damage in the course of transmission and in particular, but not limited to:
   
   1.  an item which is of a fragile nature shall be packed in a container of sufficient strength and shall be surrounded in that container with sufficient and suitable material to protect the item against the effect of such concussion, pressure and knocks to which postal items are ordinarily exposed in transmission, and the item shall bear the words "FRAGILE HANDLE WITH CARE" written conspicuously in capital letters on the face of the cover above the address of the addressee;
   2.  an item which is liable to be damaged by bending shall be packed in a container of sufficient strength to prevent the item from being bent or otherwise damaged in transmission, and the packet shall bear the words, "DO NOT BEND" written conspicuously in capital letters on the face of the cover above the address of the addressee;
4.  items prohibited by any law in force in the country of origin, destination and any 3rd party country of transit, for transmission will not be handed to Quantium;
5.  all information provided for in connection with the item or the Service are true and accurate. The name, address and the telephone number of the sender and addressee are completed accurately. For items that are addressed to companies, the name of the company, address, name of addressee and department/section in which the addressee is located must be provided to ensure prompt delivery of items;
6.  an item complies with its destination country's prevailing size and weight restrictions applicable to the specific Service pursuant to which such item is to be transmitted. For more information, please contact local customer service; and
7.  every item to be sent complies with the applicable laws, regulations and terms and conditions specified for the respective country of destination.

3. Quantium's Rights and Responsibilities

   1.  Quantium shall take all reasonable precaution to prevent unauthorised persons from having access to the items(s) or their contents and shall also take all reasonable precaution against loss of or damage to the same or their contents.
   2.  Quantium shall make reasonable effort to deliver the Customer's item according to the respective Service delivery schedules which are estimates only and not guaranteed. The deliveries are subject to possible delays including but not limited to delays by customs or government authorities of the destination country. Quantium shall however not be liable (whether in contract, tort or otherwise) for any delays in effecting delivery of the item for whatever reasons.
   3.  The Customer may request for Quantium to collect an item for delivery under any Service subject to such terms and conditions (including but not limited to payment of such additional charges as may be imposed by Quantium) prevailing from time to time. Quantium shall have absolution discretion in deciding whether to accept such request. The Customer shall be liable for additional charges if requests for collections are subsequently cancelled. There is no collection service for restricted areas, offshore islands and such other areas as may be determined by Quantium from time to time. Additional charges are applicable if collections are to be made at certain restricted areas as determined by Quantium from time to time. For details on the collection service and the list of restricted areas, please contact local customer service.
   4.  Unless otherwise agreed in writing, Quantium has the right and discretion in choosing the routing of your shipment and may engage any agents and/or subcontractors on any terms to perform the whole or any part of the carriage and related services.
   5.  Quantium reserves the right to revise the agreed charges at any time for any of the Services, including but not limited to, change of any laws, regulations or directions imposed by any governmental or regulatory authorities; surcharges relating to fuel or security, any other costs arising from situations beyond its control.
   6.  Quantium is not a common carrier and accepts no liability as such.
   7.  Quantium shall have the right to release and/or disclose any particulars and/or information relating to the Customer ("Information") to any person for the purpose of performing the Service or its obligations and/or in compliance with any Applicable Law or the direction of any regulatory authority or stock exchange. Subject to any prohibitions under law, Quantium may also collect, use and share such Information within the Quantium Solutions Group for the purposes of providing the Service and the offering or providing to the Customer of such new or other products and/or services that may be offered by the Quantium Solutions Group from time to time.
   8.  Quantium reserves the right to revise any part of these terms and conditions at any time.

4.  Charges for Services

   1.  All charges for the Services shall be calculated based on actual weight of the item as measured by Quantium, and such determination by Quantium of the actual weight shall be final and conclusive, provided that Quantium has the right to calculate the charges based on volumetric weight instead of actual weight in the event that an item's volumetric weight is more than twice its actual weight.
   2.  Volumetric weight of an item is calculated using the following formula:

Volumetric weight = [length (cm) x width (cm) x height (cm)] / volumetric divisor*

* Please contact local customer service for the applicable and prevailing volumetric divisor.

3.  Quantium reserves the right to impose any fuel surcharge, peak period surcharge and/or other types of surcharge for any Service(s) at any time. For more information, please contact local customer service.

5.  Items Which Are Unacceptable For Carriage By Quantium

   1.  Quantium reserves the right to reject any item(s) submitted by the Customer without assigning any reason whatsoever.
   2.  Without prejudice to the generality of Clause V.1 above, the Customer shall not despatch and Quantium reserves the right to refuse, any items that in Quantium's sole and absolute discretion, are:
      
      1.  prohibited by law, such as explosives, poisons, flammable items, radioactive material, compressed gas, corrosive, firearms and any items which by its nature or packing may expose officers of Quantium to injury or cause damage to other items;
      2.  infectious and non-infectious perishable substances and radioactive materials; or
      3.  prohibited or restricted items for importation into the relevant country of destination.
   3.  The Customer is liable for any loss or damage suffered by any third party as a result of any breach of the terms set out in Clause V.2 above.
   4.  By using the Services hereunder, the Customer warrants that the item submitted is acceptable for transportation. The Customer agrees that the following are deemed unacceptable for shipment:
      
      1.  items classified as hazardous material, dangerous goods, prohibited or restricted by the International Air Transport Association ("IATA"), the International Civil Aviation Organisation ("ICAO"), Postal regulations, any applicable government department or other relevant organization;
      2.  if no customs declaration is made when required by applicable customs regulations; or
      3.  if Quantium determines that an item cannot be transported safely or legally (including but not limited to, animals, bullion, currency, bearer form negotiable instruments, precious metals and stones, firearms, parts thereof and ammunition, human remains, pornography and illegal narcotics/drugs).
   5.  The list of prohibitions on importation for different destinations may change from time to time and the Customer may make enquiries with local customer service. The Customer shall take full responsibility to ensure that the item submitted for shipment is not a prohibited or restricted item for importation into the relevant country of destination.
   6.  Quantium may (but shall not be bound to) in its sole discretion, open and inspect for any reason the item, including but not limited to the verification of its contents at any time. Quantium shall charge the Customer the shipment charges according to the contents of the item discovered on such opening and inspection. The item is subject to customs clearance and inspection by customs or government authorities of the destination country.

6.  Customs Declaration

   1.  The customs declaration should be completed by the Customer in English or in a language which is accepted in the country of destination.
   2.  To clear the item with the customs in the country of destination, the customs in the country of destination needs to know the contents of the item. The Customer must therefore complete the customs declaration fully, accurately and legibly. Any false, inaccurate or misleading information may lead to a delay in customs clearance, a fine or seizure of the item by the relevant customs authority.
   3.  It is also the Customer's responsibility to inquire into import regulations (prohibition, make up, etc) and to find out what documents, if any (including but not limited to certificate of origin, health certificate, commercial invoice, packing list, import licence, exemption certificate, etc) are required in the country of destination and to attach these to the consignment note. Each item must be accompanied by one original and one duplicate copy of the invoice.
   4.  Any customs penalties, storage charges or other expenses including but not limited to duties and taxes that are incurred as a result of the actions of customs or governmental authorities or the Customer or the addressee, or as a result of the addressee's failure to provide proper documentation and/or to obtain the required licence or permit, will be charged to the addressee of the shipment. In the event that the addressee refuses to pay, the Customer shall be liable for these charges.
   5.  By using any Service hereunder, the Customer agrees to the disclosure of his/ her/ its information to third parties to facilitate customs clearance of the item.

7. Undeliverable and/or Rejected Shipments

   1. Items are delivered to the addressee's address as given by the Customer but not necessarily to the named addressee personally. Items to addresses with a central receiving area will be delivered to that area. If the addressee refuses delivery or to pay for delivery, or the item is deemed to be unacceptable, or it has been undervalued for customs purposes, or the addressee cannot be reasonably identified or located, Quantium shall use reasonable efforts to contact the Customer and agree on the appropriate action to take, failing which the item may be released, disposed of or sold by Quantium without incurring any liability whatsoever to the Customer or anyone else. The proceeds may be applied against any charges including but not limited to service charges and related administrative costs. The balance of the proceeds of the sale (if any) shall be returned to Customer.
   2. For any Service, the Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken.

8.  Limitations and Exclusions of Quantium's Liability

   1.  Notwithstanding Clause III.1, on condition that Quantium is satisfied that the Customer's claim for loss or damage to the item(s) or contents thereof is justified, the parties agree that Quantium's liability for any loss of or damage to any item or its contents shall be limited to Quantium's rights against the carrier in which Quantium orders to transport the shipment.
   2.  Notwithstanding any other provisions in this Agreement including clause VIII.1 above, the liability of Quantium to the Customer for loss or damage to the item(s) or contents shall be limited to the lower of USD 50 per item or the declared value of the item.
   3.  In no event and under no circumstances shall Quantium be liable for any loss or damage to item(s) that is sent via the following Services:
      
      1.  ezyparcels Standard Service
      2. ezyparcels Premium Service
   4.  All claims for loss or damage to the items must be made within the following time periods (or such other time periods as may be prescribed or determined by Quantium from time to time):

5.  All claims shall be made
   
   1.  in accordance with the claims policy and process as may be implemented and/or amended by Quantium from time to time; and
   2.  in writing, accompanied by the original copy of the consignment note, and all relevant supporting documents and invoices or receipts, and submitted to local customer service.
6.  Quantium shall not in any case be liable for:
   
   1.  any loss of profits, business or anticipated savings, or any indirect or consequential loss or damage, or any loss or damage caused by delays;
   2.  any loss or damage arising from or in connection with:
      
      1.  its failure to perform any of its obligations hereunder if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, 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 any other force majeure, fire, flood or any other act of God;
      2.  any defect in respect of the item, even if known to Quantium when Quantium accepted it;
      3.  the Customer’s acts of omission, including but not limited to insufficient or improper packing, security or addressing;
      4.  any action or omission by anyone other than Quantium including but not limited to:
         1. the Customer, as the sender of the item;
         2. the addressee;
         3. an interested third party;
         4. the customs or other government officials; and
         5. the carrier or other third party contracted by Quantium to serve locations that Quantium does not serve directly. Quantium shall not be liable even if the Customer did not ask or know about a third party arrangement;
      5.  electrical or magnetic damage to, or erasure of electronic or photographic images or recordings;
      6.  any loss of secrecy in communication arising from the use of the Service;
      7.  the hazardous, fragile or brittle nature of the mechanical derangement of the goods;
      8.  any consequences of delay or confiscation by any competent authority as a result of the discovery of prohibited contents;
   3.  delay or non-delivery of the item arising from the detention of the item by the customs or any government authority.