blu Terms & Conditions
(Last modified: 11 Feburary 2019)
1. Representations and Warranties
You may only access the Service using authorised means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorised device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.
By using the Software or the Application, you agree that:
- You will only use the Service for lawful purposes;
- You will not use the Service or Application for the delivery, transportation, or collection of items that in accordance with the laws of the Republic of Singapore are prohibited, controlled, or restricted in any way.
- You will not use the Service or Application for the delivery, transportation, or collection of items that are flammable in nature and which may pose a safety hazard in general storage or transportation.
- You will only use the Service for the purpose for which it is intended to be used;
- You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
- You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
- You will not impair the proper operation of the network;
- You shall not intentionally or unintentionally cause or attempt to cause damage to the Company;
- You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
- You will not copy, or distribute the Software or other content without written permission from the Company;
- You will only use the Software and/or the Application for your own use and will not resell it to a third party;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
- You will provide the Company with proof of identity as it may reasonably request or require;
- You acknowledge and agree that only one (1) account can be registered on one device;
- You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
- You will only use an access point or data account which you are authorised to use;
- You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
- You shall not cause a nuisance or behave in an inappropriate or disrespectful manner towards the Company or any misgivings that you may have against the Company
- You shall not impair or circumvent the proper operation of the network which the Service operates on;
- You agree that the Service is provided on a reasonable effort basis; and
You may choose to pay for the logistics service where available, by credit card and or debit card, or where available by such other methods as are made available in the Application.
Once you have completed a parcel collection/drop-off using the Service, you are required to make payment in full and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the service provided by the Company, kindly reach us at bluCare at email@example.com or 6817 3620.
You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
4. Cancellation Fee
You may cancel your request for parcel services at any time before your booking validity ends.
You may make up to two (2) cancellations on the Application within a 7-day rolling period without charge. However, you will be charged a cancellation fee of S$5.00 (“Cancellation Fee”) on the third cancellation, and for each subsequent cancellation, made within such 7-day rolling period. The Company may in its sole and absolute discretion vary, modify or amend the Cancellation Fee, the number of cancellations which shall result in the Cancellation Fee being incurred and/or the rolling period without prior notice to you.
Each time before you make a cancellation, you will receive a notification on the Application for you to confirm that you wish to proceed to make the cancellation, and where applicable on the third cancellation, and for each subsequent cancellation, made within a 7-day rolling period, to be charged the Cancellation Fee.
The Cancellation Fee will be automatically deducted from your Wallet within The Application or charged to your card registered on the Application in accordance with the mode of payment you have selected on the Application. If you have insufficient credits or have not registered a card, then your access to the Application may be blocked after the second cancellation you make within a 7-day rolling period, until and unless you have purchased credits or register a card on the Application.
If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company at firstname.lastname@example.org or +65 6817 3620 for assistance.
5. License Grant & Restrictions
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create Internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software; (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorised access to the Software and/or the Application or its related systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.
6. Intellectual Property Ownership
You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that it, its officers, employees and agents only use such confidential information in order to perform the Service, and shall not without the Company’s prior written consent, disclose such information to any third-party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
was at the time of receipt already in your possession;
is, or becomes in the future, public knowledge through no fault or omission on your part;
was received from a third-party having the right to disclose it; or
is required to be disclosed by law.
8. Data Privacy & Personal Data Protection Policy
For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company by any means and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. The Company may also collect device data (such as your IMEI number and the names of the apps you have installed on your device) for the purpose of fraud prevention measures.
The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.
The Company may collect, use, disclose and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purposes”):
- to perform the Company’s obligations in respect of any contract entered with you;
- for internal administrative purposes, such as auditing, data analysis, database records;
- for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Singapore or overseas);
- for the Company to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Singapore or overseas including disclosing such Personal Data to Singapore and overseas law enforcement agencies or courts);
- to respond to questions, comments and feedback from you; and
- in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data.
In addition to the above, the Company may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
- to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
- to notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors; and/or
- to share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
If you do not consent to the Company processing your Personal Data for any of the Marketing Purposes, please notify the Company at the following email address: email@example.com
If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications for Marketing Purposes, please update your details by sending your request to the support contact details at the following email address: firstname.lastname@example.org
The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
The Company is committed to full compliance with the provisions of the Personal Data Protection Act 2012 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.
10. Disclaimer of Warranties
The Company does not represent or warrant that (A) the use of The Service, The Application and/or The Software will be secure, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (B) The Service will meet your requirements or expectations, (C) any stored data will be accurate or reliable, (D) the quality of any products, services, information or other materials purchased or obtained by you throught The Application will meet your requirements or expectations, (E) errors or defects in The Application or the server(s) that make the application available are free of viruses or other harmful components, or (G) The Application and/or the software tracks you or your parcel drop-off/pick-up. The Service is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of any services, including but not limited to other services and products obtained by or from third parties throught the use of The Service, The Application and/or The Software. You acknowledge and agree that the entire risk arising out of your use of The Service, and any other third party services and products, including but not limited to other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to The Company.
11. Internet Delays
The Service, The Application and/or The Software may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications including the device used by you or the third party user being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
12. Limitation of Liability
Any claims against The Company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising The Service during the event giving rise to such claims. In no event shall The Company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequeantial or other damages or losses of any type or kind (including personal injury, emotional distress and lost of data, goods, revenue, profits, use or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage, or injury which may have incurred by or caused to you or to any person for whom you have booked the service, including but not limited to loss, damage or injury arising out of, or in any way connected with The Service, The Application and/or The Software including but not limited to the use or inability to use The Service, The Application and/or The Software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, merchant, advertiser, or sponsor whose advertising appears on the website or is referred to by The Service, The Applications and/or The Software, even if The Company and/or its licensors have been previously advised of the possibility of such damages.
The Company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including merchants, advertisers, and/or sponsors and you expressly waive and release The Company from any and all liability, claims or damages arising from or in any way related to the third party providers inclusing merchants, advertisers, and/or sponsors.
The Company will not be a party to disputes, negotiations of disputes between you and such third party providers including Merchants, Advertisers and/or sponsors. The Company cannot and will not play any role in managing payments between you and the Third Party Providers, including Merchants, Advertisers and/or Sponsors. Responsibility for the decisions you make regarding services and products offered via The Service, The Software and/or The Application (with all its implications) rests solely with and on you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of The Service, The Software and/or The Application or in any way related to the Third Parties including Merchants, Advertisers, and/or Sponsors introduced to you by The Service, The Software and/or The Application.
The quality of the services scheduled through the use of The Service is entirely the responsibility of the third party provider who ultimately provides the parcel to you. You understand, therefore, that by using the service, you may be exposed to parcels that are potentially dangerious, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use The Service at your own risk.
The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.
This Agreement as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.
In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Singapore or where judgment of a Singapore court is unenforceable in the Alternate Country, unresolved disputes shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and the Company (the “Arbitrator”). If you and the Company are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules.
The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by you and the Company, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.
The Company is a licensee of Blu World Pte Ltd (Company No. 201534735R and having its registered address at (10 Anson Road #31-01 International Plaza Singapore 079903) for the Application.