Terms of Service
Terms of Service
Last Updated: 20 February 2023
PARCEL PERFORM PTE. LTD. (Company Registration Number: 201308254C) is a company incorporated in Singapore with its principal address at 138 Cecil Street #16-00, Singapore 069538 (“Parcel Perform”). Parcel Perform owns and operates the technology platform providing parcel tracking solutions and data-driven insights through its website http://www.parcelmonitor.com (“Site”).
These terms and conditions (the “Terms”) govern the use of this Site, services, products, information and functions made available on the Site (collectively the “Services”) by users (the “Users”). By accessing the Site and/or using the Services, Users are confirming that they have read, understood and agreed to all of these Terms and the Privacy and Cookies Policy. If there is a conflict between these Terms and a separate agreement between Parcel Perform and a User, the latter shall take precedence.
Parcel Perform reserves the right, in its sole discretion, to vary any parts of these Terms at any time. Users should periodically visit this page to review the current Terms so that they are aware of any revision by which they are bound. In the event of any changes to these Terms, Parcel Perform will post the changes on the Site and update the “Last Updated” date at the top of these Terms. Users shall check this page from time to time to take notice of any changes made. Users’ continued use of the Site and/or Services after any such changes constitutes acceptance of the latest terms and conditions.
The access to or use of certain areas and features of the Site and/or Services may be subject to separate policies, standards or guidelines, or may require that Users accept additional terms and conditions, as published on the Site. All such separate policies, standards or guidelines, or additional terms and conditions, are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the Site and/or Services, the latter terms and conditions will take precedence with respect to that area or feature, unless otherwise specified.
In these Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“Carriers” means such service providers that are directly or indirectly in the shipment delivery process;
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Site and/or Services, whether by Parcel Perform or Users;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Site, Services and/or Content;
“Parcel Perform’s Technology” means Parcel Perform’s proprietary technology underlying the Site and/or Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Parcel Perform or its licensors) in connection with the Site and/or Services, and also including any derivatives, improvements, enhancements or extensions of the Technology conceived, reduced to practice, or developed by Parcel Perform from time to time that are not uniquely applicable to Users or that have general applicability in the art;
“Parties” means collectively Parcel Perform and the relevant User, and a “Party” means any of them;
“Personal Data” means data that may enable Parcel Perform to identify Users personally, including data about a person who can be identified (i) from that data, or (ii) from that data and other information to which Parcel Perform has or are likely to have access.
“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including, but without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available through the Site and/or Services;
References to Clauses are to the clauses of these Terms.
The headings are for convenience only and shall not affect the interpretation of these Terms.
Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.
Eligibility To Use
Users must be at least 18 years old and able to enter into legally binding contracts to access and use the Site, Services and/or register an Account (defined below) as a User. By accessing or using the Site and/or Services, Users represent and warrant that they are 18 or older and have the legal capacity and authority to enter into a contract. If a corporate entity is accessing or using the Site and/or Services, the person registering for an Account for and on behalf of a corporate entity represents and warrants that he has the requisite power and authority to bind such corporate entity to these Terms.
For transparency and fraud prevention purposes, and to the extent permitted by law, Parcel Perform reserves the right, but has no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.
Should User choose to register and maintain an account with Parcel Perform (“Account”) to use the Services, they agree to provide and maintain true, accurate, current and complete information about themselves as prompted by the relevant registration form or when required to verify the same before Account activation. By registering an Account, Users authorize Parcel Perform to collect, store, retain, process and use Personal Data provided to Parcel Perform in accordance with Parcel Perform’s Privacy and Cookies Policy (https://www.parcelperform.com/privacy). Users’ failure to provide, maintain accurate, complete and up-to-date personal data (including having an invalid or expired Payment Method) may result in Users being unable to access and use the Site and/or Services. In any event, Parcel Perform reserves the right, in its sole discretion, to approve or refuse registration of an Account.
Users may not assign or otherwise transfer their Accounts to any party without the prior written authorisation by Parcel Perform.
Users are solely responsible for maintaining the confidentiality of their username, password and other information relating to their Accounts, and any and all activities that occur under their Accounts. Users agree to (i) immediately notify Parcel Perform of any unauthorized use of their Accounts, password, or any other breach of security, and (ii) ensure that they exit from their Accounts at the end of each session. Parcel Perform will not be liable for any loss or damage arising from Users’ failure to comply with this provision.
Users acknowledge that Parcel Perform may establish general practices and limits concerning use of the Site and agree that Parcel Perform has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Site. Users acknowledge that Parcel Perform reserves the right to terminate any Account that is inactive for an extended period of time. Users further acknowledge that Parcel Perform reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
By registering an Account, Users agree to receive informative, promotional or marketing emails or communications in connection with the Site and/or Services but they may opt-out from receiving such communications by clicking the “Unsubscribe” link at the bottom of the e-mail or exercise their rights as owner of their Personal Data under Parcel Perform’s Privacy and Cookies Policy.
Data Relating to Carriers
By using the Services, Users authorize Parcel Perform to collect data relating to Carriers. In this regard, Users are responsible to provide accurate and complete information to Parcel Perform and Parcel Perform shall not be liable for any failure of service as a result of inaccurate or incomplete information provided to Parcel Perform or through the Site. All Personal Data relating to Carriers shall belong to Users or the respective Carriers (as the case may be). All tracking information (excluding any Personal Data) generated through the use of the Site and/or Services shall belong to Users, the respective Carriers and Parcel Perform jointly and may be used for their business purposes as they deems fit.
All data that Users input into the Site, including Personal Data, shall belong to Users or their respective owners. However, Parcel Perform shall be entitled to prepare analysis and/or statistics based on data input by Users into the Site provided that such analysis and/or statistics make no specific reference to any Personal Data. Such analysis and/or statistics shall be the property of Parcel Perform and Users shall have no claim whatsoever to such analysis and/or statistics.
Each Party represents and warrants to the other Party that it will at all times comply with all applicable personal data protection laws and regulations in respect of the collection, use, disclosure and handling of Personal Data.
Right of Use, Obligations and Restrictions
Users are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site and/or Services in accordance with and subject to these Terms. Any rights not expressly granted herein are reserved by Parcel Perform.
Users may only use the Site and/or Services in compliance with applicable laws and for legitimate purposes. Users agree to comply with these Terms, all local rules and laws regarding the use of the Site and/or Services, including Users’ online conduct, that are applicable in their jurisdictions.
Users represent and warrant to only use the Service with data that the Users are entitled to have, store and transfer and for which Users are entitled to obtain data from third party sources for. Users bear all risks associated with the use of the Service and warrants that they will hold Parcel Perform harmless from and against any liabilities arising from the processing of data from third party sources.
In using the Site, Services and/or Content, Users must not:
use the Site and/or Services for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or these Terms;
use the Site in any manner that could damage, disable or impair Parcel Perform’s servers, or interfere with other Users’ access or use of the Site and security related features of the Site;
disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on Parcel Perform’s Technology, any software, applications, updates or hardware contained in or available via the Site;
do anything or cause an action to be done resulting in the infringement or violation of Parcel Perform’s Intellectual Property Rights;
attempt to gain unauthorized access to the Site by using other User’s Account through means of hacking, mining or other means of interference;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
interfere with or disrupt the Site , or servers or networks connected to the Site , or disobey any requirements, procedures, policies or regulations of networks connected to the Site , or circumvent any technology used to protect the Site;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site and/or Services;
remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Site or pass off or attempt to pass off the Site and/or Services as the product of anyone other than Parcel Perform; and/or
use the Content or create any derivative works based on the Content unless such information or material is a User’s Content owned by the particular User.
Parcel Perform reserves the right to investigate and take appropriate legal action against anyone who, in its opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.
Users will at all times maintain security systems and procedures no less stringent than those which it uses to (i) prevent any unauthorized access to or disruption of its own systems and servers and (ii) to protect its own confidential and/or sensitive data. Users shall notify Parcel Perform of any proposed changes to their security or IT systems which might adversely affect the security of the Services.
Users are solely responsible for their own hardware, internet connection or telecommunication charges incurred for accessing, connecting to or using the Site.
To the extent where the Site allows Users to post, upload, transmit or otherwise make available any User’s Consent, Users represent and warrant that: (i) Users either are the sole and exclusive owner of the User’s Content or have all rights, licenses, consents and releases necessary for use of the User’s Content on the Site ; and (ii) neither the User’s Content nor Users’ submission, uploading, publishing or otherwise making available of such User’s Content nor Parcel Perform’s use of the User’s Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Users further agree that:
Users will not share or transmit any material or content that (i) is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) they do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains malicious content, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) is illegal, or intend to promote or commit an illegal act of any kind; or (vii) in Parcel Perform’s opinion, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Parcel Perform or other Users to any harm or liability of any type, or disrepute;
impersonate any person or entity, or falsely state or otherwise misrepresent Users’ affiliation with a person or entity;
Parcel Perform is under no obligation to store, retain, publish or make available any User’s Content and that Users shall be responsible for creating backups of any such Content if necessary; and
under no circumstances shall Parcel Perform be liable in any way for any User’s Content, including, but not limited to, any errors or omissions in any User’s Content, or any loss or damage of any kind incurred in connection with the use of or exposure to such User’s Content made available via the Site.
Any User’s content will be considered non-confidential.
When uploading or posting content on the Site, Users grant Parcel Perform a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the Site and across different media (including to promote the Site or the Service),for an unlimited duration.
Updates, Modifications and Availability
Parcel Perform aims to update the Site regularly. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
Parcel Perform may modify or upgrade the features and functionality of the Site and/or Services from time to time, and reserve the right to make upgrades, updates, modifications and changes as it deems fit, without notice. Users understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of the Site and/or Services or any function or feature thereof
Users acknowledge that Parcel Perform assumes no liability, responsibility or obligation for any such error, omission, interruption, modification, failure, delay or discontinuation associated with the Site and/or Services.
The Site, Content and Parcel Perform’s Technology underlying the Services are the property of Parcel Perform and/or its licensors, and are protected by copyright and/or other intellectual property rights.
Users agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, Services and/or Content, in whole or in part. The words “Parcel Perform” & “Parcel Monitor” and associated logos are the trademarks, trade names and/or service marks of Parcel Perform, and Users agree not to display or use in any manner such names and/or marks without Parcel Perform’s prior written authorisation. In using the Site, Users shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Users further acknowledge that they have no right to have access to any aspect of the Site in source-code form, and agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Parcel Perform’s Technology.
Any uses of the Site, Services and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted herein are reserved by Parcel Perform.
By using the Site and/or Services, Users will not acquire any right, title or interest in or to the Intellectual Property Rights except for the limited right to use the Site and/or Services granted to Users pursuant to these Terms. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Parcel Perform’s trade or service marks displayed on the Site without Parcel Perform’s prior written permission in each instance. All goodwill generated from the use of the Site, Services and/or Content will inure to Parcel Perform’s exclusive benefit.
To the extent where Users provide Parcel Perform with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), Users hereby assign ownership of all intellectual property rights subsisting in that Feedback to Parcel Perform and acknowledge that Parcel Perform can use and share such Feedback for any purpose in its sole discretion.
Other company, product, and service names and logos used and displayed via the Site may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Parcel Perform.
Third Party Resources
The Site may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by Parcel Perform, or the Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by Parcel Perform of such Third Party Resources.
When Users access Third Party Resources, Users do so at their own risk. Users hereby represent and warrant that they have read and agree to be bound by all applicable policies of any Third Party Resources relating to the use of their services and act in accordance with those policies, in addition to Users’ obligations under these Terms.
Parcel Perform has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. This explicitly includes any tracking data received from Carriers. In addition, Parcel Perform will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. Users expressly relieve and hold Parcel Perform harmless from any and all liability arising from the use of any Third Party Resources.
The parties shall protect each other's Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, Parcel Perform and Usermay use the other party's Confidential Information solely to exercise their respective rights and perform their respective obligations under these Terms and may only disclose Confidential Information to their employees, agents and representatives, and those of their affiliates, on a need-to-know basis.
Parcel Perform may disclose Users’ Confidential Information to (a) comply with the applicable laws and regulations; (b) respond to any requests from a court or any other legal authority and (c) enforce these Terms or any other policies associated with the Service.
PARCEL PERFORM PROVIDES THE SITE AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. USERS AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT THEIR SOLE RISK. PARCEL PERFORM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, (I) FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (II) SECURITY, RELIABILITY, PERFORMANCE AND ACCURACY OF THE SERVICE, (III) THAT THE SITE AND/OR SERVICES WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, (IV) THE ACCURACY OR TRUTHFULNESS OF ANY CONTENT OR USER’S CONTENT, AND (VI) THE TRUTH OR ACCURACY OF TRACKING EVENTS, PERFORMANCE INDICATORS OR OTHER CONTENT MADE AVAILABLE VIA THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PARCEL PERFORM OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Parcel Perform has no responsibility whatsoever for any arrangements that Users make with any third party as a result of using the Site and/or Services.
Users may see advertising material submitted by third parties on the Site. Each individual advertiser is solely responsible for the content of its advertising material and Parcel Perform accepts no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
If any Users are dissatisfied with the Site and/or Services, or do not agree with any part of these Terms, or have any other dispute or claim with or against Parcel Perform or another User with respect to these Terms or the Site, Users’ sole recourse is to discontinue use of the Site and/or Services.
Exclusion and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PARCEL PERFORM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OR THE SITE, SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED HEREIN, THEN USERS EXPRESSLY AGREE THAT IN NO EVENT WILL PARCEL PERFORM’S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE AGGREGATE AMOUNTS PAID BY THE RELEVANT USER TO PARCEL PERFORM IN RESPECT OF THE SERVICES THAT ARE THE SUBJECT OF THAT USER’S CLAIM.
Nothing in these Terms shall limit or exclude (i) Parcel Perform’s liability in respect of death or personal injury caused by gross negligence, fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) Users’ statutory rights.
Indemnity and Release
Users hereby agree to indemnify Parcel Perform, including its directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from the use of the Site, Services, Content and/or performance of Users’ duties and obligations under these Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the gross negligence, willful misconduct or breach of these Terms by the Indemnified Parties.
Parcel Perform may, but is not obligated to, participate in the defense of any claim or action and any negotiations for settlement. Users will not make any settlement that may adversely affect the rights or obligations of Parcel Perform without Parcel Perform’s prior written approval. Parcel Perform reserves the right, at its expense and upon notice to the relevant User, to assume exclusive defense and control of any claim or action.
Parcel Perform may in its absolute discretion immediately suspend, discontinue or terminate a User’s access to and/or use of the Site, Platform, Services and/or its Account under these Terms in the event of any actual or suspected breach of any provisions under these Terms, with or without notice at any time without incurring any liability whatsoever to the User or any third party. In this instance, Parcel Perform reserves the right to remove and discard data in and content of the User’s Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension may be referred to the appropriate law enforcement authorities.
Relationship of Parties
Nothing contained herein shall be read as constituting a joint venture, partnership or agency between a User and Parcel Perform. None of the Parties hereunder may make or purport to make any representations, warranties or undertakings for the other Party.
Any notice or other communication in connection with these Terms shall be in writing in English and shall be sufficiently given or served if delivered or sent to:
In the case of Parcel Perform to:
Contact form: Link to contact form
In the case of a User to:
E-mail: As registered with the User’s Account
or (in either case) to such other address or electronic mail address as the relevant Party may have notified to the other Party through the Site and/or relevant Users’ Accounts.
No delay, neglect or forbearance on the part of a Party in enforcing against the other Party any term or condition of these Terms shall either be or deemed to be a waiver or in any way prejudice any right of that Party under these Terms.
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provision of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
These Terms and all rights and obligations thereof are not assignable, transferable or sub-licensable by Users without Parcel Perform’s prior written consent. Parcel Perform may transfer, assign or delegate these Terms and its rights and obligations thereof without prior notice to or consent by Users.
These Terms are personal to Users. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Parcel Perform is based in Singapore and makes no claims that the Site or any of its content is accessible or appropriate outside of Singapore. User is responsible for compliance with local laws.
19. Governing Law and Jurisdiction
Irrespective of the country from which Users access or use the Site and/or Services, to the extent permitted by law, these Terms and Users’ use of the Site and/or Services shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and Users hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with these Terms. In the event any provision of this T&C is found to be in conflict with any applicable laws, statutes or rules, such conflicting provision shall be deemed to be deleted under this T&C and cannot be enforced and effected, and the other provisions of this T&C shall continue in full force and impact, as if the conflicting terms, conditions or provisions were not originally contained in this T&C.
Legal Notice (Impressum)
Parcel Perform Pte.Ltd.
Address: 138 Cecil Street #16-00, Singapore 069538
Contact: contact (at) parcelperform.com
CEO: Arne Jeroschewski
VAT number: 201308254C
Trade registry: 201308254C
Address: 138 Cecil Street #16-00, Singapore 069538