Terms and Conditions

NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ASSESSING AND/OR USING OUR WEBSITES AND/OR APPS YOU WILL BE ENTERING INTO A BINDING AGREEMENT WITH US AND YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS AND ALL DOCUMENTS AND TERMS INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE OUR WEBSITES AND/OR APPS.

ShiOkHoldings Pte. Ltd. (Company Registration No. 202041697R), a company incorporated under the laws of Singapore whose principal place of business is at 08-15, Ark @ Gambas 7 Gambas Crescent Singapore 757087 (“ShiOkHoldings”, “we” or “our” or “us”) operates the websites located at www.shiokholdings.com and www.shiokparcel.com (“Websites”) and certain mobile applications (“Apps”) relating thereto, and offers a range of products and services.

These Terms and Conditions enable you to understand your rights and obligations relating to the use of our Websites and/or Apps. These Terms and Conditions including any and all documents and terms incorporated herein by reference, constitute a legally binding agreement between you or the entity that you represent (“you”) and us.

ShiOkHoldings and you and shall each be referred to as a “Party” and collectively, the “Parties”.

By accessing our Websites, Apps and/or obtaining our products and/or services, you acknowledge and agree that you have fully read, understood and irrevocably accepted the following Terms and Conditions as well as any documents or terms incorporated herein by reference, unless agreed otherwise by a separate agreement. In the event of any conflict between these Terms and Conditions and a separate agreement between you and us, the latter will take precedence.

You also agree to use our Websites and/or Apps in accordance with these Terms and Conditions and only for lawful purposes as stipulated by law. If you do not agree to be bound by these Terms and Conditions, please do not access or use our Websites and/or Apps.

Definitions

“Agreed Fee” has the meaning ascribed to it under Clause 5.2.;
“Agreement” means the agreement constituted by these Terms and Conditions, including any other documents or terms incorporated into this agreement by reference.
“Customer” means a party who receives the final delivery item;
“Delivery Partner” means a party providing courier and/or delivery services;
“Dispute” has the meaning ascribed to it under Clause 15.2;
“Driver” means a party assigned by a Delivery Partner to deliver one or more items;
“Intellectual Property Rights” has the meaning ascribed to it under Clause 10.1.
“Merchant” means a party selling one or more items;
“Other Users Content” has the meaning ascribed to it under Clause 7.1.
“SIAC” means the Singapore International Arbitration Centre;
“SIAC Rules” means the Arbitration Rules of the SIAC;
“Third Party Websites” has the meaning ascribed to it under Clause 9.1; and
“Your Content” has the meaning ascribed to it under Clause 6.1.
References to Clauses are to the clauses of these Terms and Conditions.
All headings in these Terms and Conditions are for convenience only and shall not affect the interpretation of any terms.

Our Services

We provide a technology platform to facilitate and support the delivery process. Our services include the following:

Merchants will be able to obtain courier and/or delivery services from Delivery Partners on our Websites and/or Apps. Merchants will also be able to track the delivery of their items to the Customer on our Websites and/or Apps.
- Delivery Partners will be able to obtain and accept requests for their courier and/or delivery services from Merchants on our Websites and/or Apps.
- Delivery Partners are also able to add Drivers to their account and assign the Drivers to deliver one or more items to the Customer.
- Drivers will be notified on our Websites and/or Apps as and when Delivery Partners assign them to deliver items to the Customer.
- Customers will be able to track the delivery of the items to be delivered to them on our Websites and/or Apps. Customers may also receive advertising material from Merchants on our Websites and/or Apps.
You acknowledge and agree that we only act as an intermediary between you, the Merchant(s), Delivery Partner(s), Customer(s) and/or Driver(s) (as the case may be) and we are not your agent or the agent of any of the aforementioned parties. We are not a transportation service, and we are not a party to any contract for the provision of courier and logistics services. If you have any complaint in relation to the courier and logistics services provided, that complaint must be taken up with the party providing said services directly.
The listings of products and/or services offered by the Merchant(s), Delivery Partner(s), Driver(s) and/or any other third party on our Websites and/or Apps shall not be construed as our recommendation or endorsement of such products and/or services. We do not guarantee the quality or standard of these products and/or services, and we encourage you to independently verify the quality and standard of these products and services before procuring the same.
We make no claims or warranties as to the effectiveness of any products and/or services made available on our Websites and/or Apps. You may provide us with feedback or comments regarding the products and/or services made available on our Websites and/or Apps. However, we are not obliged to investigate, take any action against any third party, or react in any manner upon receipt of your feedback and/or comments.
We may update, amend, or delete content on our Websites and/or Apps from time to time. However, we do not guarantee that the content on our Websites and/or Apps will be complete or accurate.

Eligibility

Our Websites, Apps, products and/or services as provided and/or offered, are intended for use by persons who are at least 18 years of age and of sound mind. If you are under the age of 18, you must obtain consent to use our Websites, Apps, products and/or services from your parent(s) or legal guardian(s), as well as their acceptance of this Agreement. If you are a parent or legal guardian accepting this Agreement, you agree, on behalf of your child or ward as well as in your own personal capacity to be bound by the terms of this Agreement and to be liable for your child’s or ward’s acts and omissions while using our Websites, Apps, products and/or Services. You also agree to ensure that your child or ward will comply with the terms of this Agreement. If you are under the age of 18 and do not have the said consent from your parent(s) or legal guardian(s), you must stop using our Websites, Apps, products and/or services immediately.

You represent and warrant that you have full authority, power and capacity to enter into this Agreement and to perform its obligations hereunder. If you are accessing or using our Websites and/or Apps for and on behalf of a corporate entity, you represent and warrant that you have the requisite power and authority to bind said corporate entity to the Agreement.

You represent and warrant that you will only use our Websites and/or Apps to obtain products and/or services for you or for another person for whom you are legally authorised to act. In the event that you obtain products/and or services for another person, you will inform such other person about this Agreement.

Accounts

Registration for an account will be required to access most of the features on our Website and/or Apps. When you register, you may be required to provide us with some information about yourself, as further described in our Privacy Policy.

You agree that all information supplied by you via our Websites and/or Apps is true, accurate, current and complete. You agree and acknowledge that any use of or access to the Websites and/or Apps referable to, and any instructions identified by your account (whether such access to or use of the Websites and/or Apps, or instruction, is authorised by you or not) shall be deemed to be, as the case may be: (a) use of or access to the Websites and/or Apps by you; or (b) instructions transmitted or validly issued by you. We shall not be liable for the access of the Websites and/or Apps with your account by anyone other than yourself or for acting upon any instructions received from your account or obliged to verify the authenticity, accuracy and completeness of such instructions.

You agree that you are completely responsible for maintaining the confidentiality and security of your account details. If you believe that your account is no longer secure, notify us immediately at Support@Shiokholdings.com.

You may not assign or otherwise transfer your account to any party without obtaining our prior written approval.

You shall be completely responsible and liable for all losses and consequences arising from or in connection with any failure by you to comply with any of the above.

By registering an account with us, you agree that we may track your use of our Websites, Apps, products and/or services, as well us use any information that you may disclose to us for the purpose of determining what goods or services may be of interest to you and providing you with recommendations on the same through our Websites and/or Apps.

In any event, we reserve the right to approve or refuse your registration for an account for our Websites and/or Apps.

Use of Platform

Upon registering an account with us, you are granted a limited, personal, non-exclusive, non-transferrable, non-assignable, non-sublicensable, revocable right to access and use our Websites and/or Apps in accordance with this Agreement. This right is granted for the sole purpose of enabling you to access and use our Websites, Apps, products and/or services as provided by us and in the manner permitted by this Agreement.

If you are a Merchant or Delivery Partner, you will be charged a fee to access and use certain features on our Websites and/or Apps. Specifically, we will charge Merchants and Delivery Partners a fee for each delivery made to the Customers that is facilitated by our Websites, Apps, products and/or services ( “Agreed Fee”). ShiOkHoldings and each Merchant and Delivery Partner will separately agree on the quantum of the Agreed Fee. We will send an invoice to each Merchant and Delivery Partner at the end of each calendar month stipulating the total fees payable to us based on the number of deliveries made to the Customers and the Agreed Fee. We reserve the right to suspend your access and use of our Websites, Apps, products and/or services if our invoices are not attended to promptly.

In using our Websites and/or Apps, you warrant and represent:

that you have read and understood this Agreement and agree to all the terms set out in this Agreement;
that you have the requisite power, capacity and authority to enter into this Agreement and to perform all of your obligations under this Agreement;
that if you are using our Websites and/or Apps on behalf of another person or entity, you are authorised on such person’s or entity’s behalf to accept this Agreement, and such person or entity shall be liable for your breach of any of the terms of this Agreement;
that your execution and performance of this Agreement does not and will not be in breach of, or conflict with any order, judgment, agreement or other binding instrument;
that you have had the opportunity to obtain independent legal advice before using our Websites and/or Apps;
that you have complied and will comply with all applicable laws (including all applicable personal data protection laws and regulations) in Singapore or the relevant jurisdiction where you are located, and that you will provide us with any documents or information reasonably required for us to ascertain your compliance with said applicable laws;

that you are solely responsible for your own hardware, internet connection or telecommunication and data charges incurred from the use of our Websites and/or Apps;
that you will not use our Websites and/or Apps for any improper or unlawful purpose that would violate any applicable law, regulations having the force of law, or this Agreement;
that you will not use our Websites and/or Apps in any manner which is abusive, or which violates any law or regulations or infringes on the legal rights of any third party, or which is defamatory, fraudulent, indecent, offensive or deceptive;
that you will not use our Websites and/or Apps to threaten, harass, abuse or intimidate others, to damage our name or reputation, our affiliates and/or subsidiaries, to breach security on any computer network, or to obtain unauthorised access to an account, and/or in any manner that interferes with another user’s use and enjoyment of the Websites and/or Apps;
that you will only use our Websites and/or Apps with data that you are entitled to have, store and transfer to us and for which you are entitled to obtain data from third party sources;
that you will not take any action which is intended to, or would reasonably be expected to harm us, our affiliates and/or subsidiaries and our Websites and/or Apps, or which would reasonably be expected to bring us, our affiliates and/or subsidiaries into disrepute;
that you will not use our Websites and/or Apps in any manner that would damage or disable our servers, or interfere with any security related feature of our Websites and/or Apps;
that you will not use our Websites and/or Apps in any manner that would interfere with other users’ access and/or use of our Websites and/or Apps;
that you will not engage in any attempt to disassemble, reverse engineer, decompile, or otherwise attempt to discover the source code, object code, or any underlying structure, ideas, know-how, or algorithms relevant to any part of the Websites and/or Apps;
that you will not engage in any attempt to modify or otherwise create any derivative work based on our Websites and/or Apps;
that you will not attempt to gain unauthorised access to our Websites and/or Apps by using other users’ accounts via any means of interference including but not limited to hacking and mining;
that you will not attempt to obtain through any means any data not available or not provided for through our Websites and/or Apps;
that you will compensate and defend us, our affiliates and/or subsidiaries fully against any legal proceedings brought against us, our affiliates and/or subsidiaries by any other person as a result of your breach of this Agreement.

You agree and undertake to notify us immediately if any of the aforementioned representations and warranties become untrue, invalid, misleading or incomplete in any respect.

We reserve the right to deny you access to our Websites, Apps, goods and/or services if we reasonably assess that you have made a false, invalid, misleading, or incomplete representation and/or warranty.

We also reserve the right to request you to provide us with government identification documents or any other information to conduct additional checks required to verify your identity or background (including but not limited to checks conducted on third party databases or any other sources).

You are responsible for all access and use of the Websites and/or Apps under and/or linked to your account. When you designate any other individual with the right to access, use or administer your account, you remain fully liable under this Agreement for all acts and omissions of these individuals, regardless of whether said individuals are acting under or against your instructions.

We reserve the right to take appropriate lawful actions in response to any breach of this Agreement, including without limitation, the suspension or termination of your access and/or account. This does not limit our right to take any other action against you to defend our rights or those of any other person.

Your Content

You are responsible and liable for all the information (“Your Content”) you provide on any part of our Websites and/or Apps and will indemnify, defend and hold us harmless from any claims made in connection with Your Content.

Our Websites and/or Apps can be accessed publicly. By posting on our Websites and/or Apps, you agree that Your Content will be visible by other users and any person visiting our Websites and/or Apps. We shall not be responsible for how Your Content may be understood, perceived or interpreted by any person. We shall also not be liable nor responsible for any negative reviews, comments or feedback, nor shall we be liable for any losses, expenses, costs and/or damage suffered by you in relation to or in connection with Your Content being posted on our Websites and/or Apps.

By uploading Your Content, you grant us and anyone authorised by us a non-exclusive, royalty-free, sub-licensable, perpetual, unrestricted, worldwide licence to use Your Content in any way including, without limitation, editing, copying, adapting, translating, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public Your Content, in whole or in part and in any format or medium, whether now known or hereafter developed, for the purpose of providing you our products and/or services. You acknowledge you will not be compensated for the use of Your Content in any way.

You represent and warrant that Your Content is original to you, you have all necessary rights and licences to post Your Content on our Websites and/or Apps. In the event that it is made known and proven to us that you are not the proprietor of any part of the intellectual property rights subsisting in Your Content, we reserve the right to take down or remove Your Content from the Websites and/or Apps, and/or disable your account. We reserve our right to take any legal action against you for misrepresenting such ownership status, for failing to comply with this Agreement and/or other claims as may be appropriate. In doing so, we reserve our right to look to you for costs and damages as allowed under law.

We strive to ensure that the Websites and/or Apps are a safe environment for all users. In order to maintain this safe environment, you must not post any content on our Websites and/or Apps that:

contains any offensive language or is likely to harass, insult, or threaten any other user;
is explicit, vulgar, obscene, or pornographic;
is unlawful or encourages any unlawful activity;
spreads falsehoods; or
is defamatory, libellous or disparaging.

Any such content shall be taken down from our Websites and/or Apps without any prior notice to you.

We value respect and encourage you to respect others even when disagreeing with one another. Any content supporting racism, bigotry or hatred shall be removed from our Websites and/or Apps without any prior notice to you. You will be permanently banned from our Websites and/or Apps should you post such offending content on our Websites and/or Apps.

We do not allow the promotion of your social media accounts (including Instagram, Facebook, or Youtube) on our Websites and/or Apps. Any content promoting the same shall be removed from our Websites and/or Apps without any prior notice to you.

If you believe that your content has been wrongly taken down, do contact us at the details provided at Clause 16.8 with an explanation to help us understand your perspectives better.

UPDATES, MODIFICATIONS AND AVAILABILITY OF SERVICES

We reserve the right to modify or upgrade the features and functionality of our Websites and/or Apps from time to time. You agree that such modifications or upgrades may result in interruption, modification, failure, delay or discontinuation of any function of our Websites and/or Apps. While we will make reasonable efforts to minimise such interruption, modification, failure, delay or discontinuation, and will make reasonable efforts to inform you for any scheduled maintenance, modifications or upgrades that may affect your use of our Websites and/or Apps, you also agree that we assume no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation of any function of our Websites and/or Apps.

From time to time, our Websites and/or Apps may may be subject to interruption, modification, failure, delay, discontinuation or other problems inherent in the use of the internet and electronic communications. You agree that we assume no liability, responsibility or obligation for any such interruption, modification, failure, delay, discontinuation or other problems of any function of our Websites and/or Apps.

Should any function of our Websites and/or Apps, or any of our products and/or services be permanently discontinued, we shall endeavour to notify you in advance.

Should any function of our Websites and/or Apps, or any of our products and/or services be permanently discontinued, we will retain the rights to charge Merchants and Delivery Partners a fee based on the number of completed deliveries made to the Customers that were facilitated by our Websites, Apps, products and/or services and the Agreed Fee, and that have not been previously charged for.

Third Party Websites

Our Websites and/or Apps may contain links to third party websites, products, services, information, advertisement or other materials (hereinafter collectively referred to as “Third Party Websites”). We do not control such Third Party Websites and and are not responsible for their contents, data policy practices or other practices. Our inclusion of links to such Third Party Websites does not imply any endorsement of the material on such social sharing features, social media and websites or any association with their operators. We shall have no obligations in relation to the goods and/or services provided by third parties nor any liabilities in connection with or arising from any and all losses, costs, expenses and/or damage suffered from accessing and/or using such Third Party Websites.

You are therefore advised to visit the data policies and terms and conditions of such Third Party Websites before continuing to access and/or use them.

Intellectual Property Rights

We retain all rights, titles and interests in all of our intellectual property, including, without limitation, inventions, ideas, concepts, code, discoveries, processes, marks, methods, software, compositions, formulae, techniques, information and data, whether or not patentable, copyrightable or protectable in trade mark, and any trade marks, copyright or patents based thereon (collectively, “Intellectual Property Rights”). You acknowledge and agree that you shall not use any of our Intellectual Property Rights for any reason whatsoever without our prior written consent.

Without limiting the above, we retain all Intellectual Property Rights over the source code and technical information relating to our Websites and/or Apps, as well as all content and information relating to our Websites and/or Apps, including but is not limited to text, graphics, logos, images, source code, or any combination thereof. This Agreement shall not confer any right or interest upon you to our Intellectual Property Rights beyond the limited right to a non-exclusive, non-transferable, revocable license to access and use our Websites and/or Apps.

You acknowledge and agree that you shall not do anything to directly or indirectly result in the infringement or violation of our Intellectual Property Rights and/or the Intellectual Property Rights of any other individual. You shall not create any derivative works based on any content on our Websites and/or Apps unless you are the owner of such content.

You shall not use any name, logo, trade mark, trade name, service mark, or any other symbol of or associated with us for any purpose whatsoever without obtaining our prior written consent.

Limitation of Liability

This Agreement sets out the full extent of our obligations and liabilities in respect of our Websites, Apps, products and services.

We provide our Websites and/or Apps on an “as is” and “as available” basis. You agree that in accessing and using our Websites and/or Apps, you do so solely at your own risk.

To the fullest extent permitted by the applicable law, in no circumstances will we be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the access and/or use of our Websites, Apps, products and/or services or otherwise related to this Agreement, regardless of the form of action, whether based in contract, tort (including, but not limited to, negligence, whether active, passive or imputed), or any other legal or equitable theory (even if we have been advised of the possibility of such damages and regardless of whether such damages were foreseeable). This includes any losses, damages and/or claims arising from your reliance on any content on our Websites and/or Apps, any computer viruses, products and/or services obtained through our Websites and/or Apps, any errors, omissions or inaccuracies on our Websites and/or Apps, or any other form of reliance on our Websites, Apps, products and/or services.

We make no endorsement or recommendations about the products and/or services provided by the Merchant(s), Delivery Partner(s), Driver(s) and or any other third party. We shall not be liable for any losses, damages, and/or claims arising from your use and/or reliance of the products and/or services provided by the Merchant(s), Delivery Partner(s), Driver(s) and or any other third party.

We shall not be liable for any arrangements you make with any third party arising from the use of our Websites and/or Apps. We do not accept any responsibility for any advertising material submitted by third parties on our Websites and/or Apps, including, without limitation, any error, omission, or inaccuracy of such advertising material.

Damages. Notwithstanding the above exclusions, if we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, in no circumstances will our aggregate liability, whether in contract, tort or otherwise, for damages to you under this Agreement exceed Singapore Dollars Two Hundred and Fifty Only (SGD $250).

Indemnification

To the fullest extent permitted by the applicable law, you will indemnify, defend and hold harmless and reimburse us, our directors, officers, agents, and employees, and our affiliated entities, successors and assigns, from and against any and all actions, proceedings, claims, damages, demands and actions (including without limitation fees and expenses of counsel), incurred by us that may arise from or relate to: (i) your access and/or use of our Websites and/or Apps; (ii) your purchase and/or use of our products and/or services; (iii) your responsibilities or obligations under this Agreement; (iv) your breach or violation of this Agreement; (v) any inaccuracy in any representation or warranty that you make; (vi) your violation of any rights of any other person or entity; and/or (vii) any act or omission on your part that is negligent, unlawful or constitutes willful misconduct.
We reserve the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Clause 11.7. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other written agreement between you and us.

No Warranties

To the extent permitted by the applicable law, all terms, conditions, warranties and statements, whether express, implied, written, oral, or otherwise, which are not expressly set out in this Agreement are excluded and, to the extent such terms, conditions, warranties and statements cannot be excluded, we disclaim any liability in relation to the same.

TERM, SUSPENSION AND TERMINATION

This Agreement shall take effect upon the earlier of:

your commencement of use of our Websites, Apps, products and/or services;
your registration of an account on our Websites and/or Apps; or
execution of a written agreement with us for the provision of our products and/or services.

This Agreement shall remain in full force as long as you use our Websites, Apps, products and/or services.

We may, in our sole discretion, terminate this Agreement by giving you prior written notice in the event of any actual or suspected breach of any terms of this Agreement. Upon termination of this Agreement:

all of your rights under this Agreement shall terminate;
any amount owing or due to us shall be immediately payable;
you shall not be entitled to a refund of any amount paid;
your account with us and/or any access rights to our Websites and/or Apps shall be terminated;
Clauses 10, 11, 12, 13, 14, 15 and 16 shall survive termination of this Agreement.

Claims Against Us

To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Websites and/or Apps within one (1) year from the date on which such claim or cause of action arose or accrued. Should you fail to do so, you will be deemed to have irrevocably waived your right to bring such claim or cause of action against us.

Compliance With Local Law

The Websites and/or Apps may be viewed internationally and may contain references to products and/or services that may not be available or approved in all countries. References to a particular product or service do not imply that such product or service is appropriate or available for purchase by all persons in all locations, or that we intend to make such product or service available in such locations.

We make no representation that our Websites, Apps, products and/or services are appropriate or available for use in locations outside of Singapore. You agree that when you access our Websites and/or Apps, and/or use our products and/or services, you are responsible for compliance with all local law and regulations as applicable to you.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to conflicts of law principles.

Should there be any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof (a “Dispute”), such Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) and in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.

Before you commence arbitration of a Dispute, you must provide us with a written notice that includes your (a) name; (b) residence address; (c) email address or phone number you use for your account with us; (e) a detailed description of the dispute; and (f) the relief you seek. Such notice must be sent to us by registered post or email at the address provided in Clause 16.8. If we are unable to resolve a Dispute within sixty (60) days after such notice is received, you or we may commence arbitration.

General

Assignment

You shall not assign, novate or otherwise transfer any of your rights, interests or obligations herein to a third party without obtaining our prior written approval. Any purported assignment in violation of this Clause 16.1 shall be deemed null and void. We may assign, novate or otherwise transfer this Agreement and the rights and obligations contained therein without any prior notice to you or consent by you.

Variation

Any provision of this Agreement shall only be amended upon our written consent. In the event that we wish to amend any provision of this Agreement, we shall notify you of such amendments by posting the amendments on our Websites and/or Apps. You hereby agree that by continuing to access and use our Websites and/or Apps after such amendments to this Agreement are made, such continued access and/or use shall constitute an (i) affirmative acknowledgement on your part of the terms of this Agreement as modified by the amendments, and (ii) your agreement to abide and be bound by the terms of this Agreement as modified by the amendments.

Severability

Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.

Force Majeure

The Parties shall be under no liability to each other in respect of anything which may constitute breach of this Agreement arising by reason of force majeure; namely circumstances beyond the reasonable control of the parties which shall include (but shall not be limited to) acts of God, perils of the sea or air; fire, flood, drought, explosion, sabotage, accident, embargo, riot, civil commotion, (including acts of local government and parliamentary authority); pandemics, epidemics; acts of terrorism, labour disputes of whatever nature and for whatever cause arising including (but without prejudice to the generality of the foregoing) work to rule, overtime bans, strikes and lockouts. In the event of breach of the Agreement due to force majeure, the party affected by the force majeure shall notify the other party of the breach as soon as reasonably practicable and provide details regarding the relevant circumstances, and shall use its best endeavours to remedy the breach or otherwise rectify the cause of the breach as quickly as reasonably practicable.

Entire Agreement

Save as otherwise provided for under Clause 16.2, this Agreement, including any and all documents and terms incorporated herein by reference, as well as any other binding agreement we enter into with you in writing, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof.

Rights of Third Parties

Except as provided to the contrary, a person not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of this Agreement.

Waiver

Our delay in the exercise or non-exercise of any right or provision of this Agreement will not constitute a present or future waiver of such right or provision and will not limit our right to enforce such right or provision at a later time. All waivers by us shall be unequivocal and in writing to be effective.

Communications

Communications. All communications given or made to us shall be in writing and sent by prepared registered post or email at the following address:

ShiOkHoldings Pte. Ltd.
08-15, Ark @ Gambas
7 Gambas Crescent
Singapore 757087

Email address: communications@shiokholdings.com
Attention: Communication Officer

You acknowledge and agree that all communications given or made under this Agreement to you shall be sent by email to the email address provided by you or on behalf of you or to any other email address as notified by you to us from time to time, or sent to you through notifications on our Websites and/or Apps.

No partnership

Nothing in this Agreement shall constitute a partnership, agency, or joint venture between you and us. You shall not have or represent to any third party whether by words or by actions that you have the authority or power to bind us or to create liability on our part.

Privacy Policy

We may collect, use and/or disclose personal data which includes without limitation, name, address, phone number, email address, etc. in connection with this Agreement and/or the access and/or use of our Websites and/or Apps.

You acknowledge and agree that we will be required to obtain data about Delivery Partners, Customers and/or Drivers from Merchants and/or Delivery Partners (as the case may be) in order to provide our products and/or services. You agree to authorise us to collect such data directly from the Merchants and/or Delivery Partners (as the case may be). We shall not be liable for any defects or failures in our products and/or services resulting from inaccurate or incomplete information provided to us. You warrant that you will not hold us liable from any liabilities arising from the processing of data from third party sources.

Please refer to our Privacy Policy, which is hereby incorporated herein by reference, for our personal data protection policy governing our collection, use and/or disclosure of personal data.

— Updated as at September 2021

Why ShiOk?

So ShiOkParcel!

For

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ShiOkLogistics

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ShiOkDriver

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