1. INTRODUCTION
1.1 Welcome to the SPX Express website and mobile application (the “Platform”) operated by SPX Express Private Limited (“SPX,” “we,” “us,” or “our”). SPX Express is a paid service where you (“Sender”, “User”, “you,” or “your”) may engage SPX on a non-exclusive basis to provide delivery and related services as described in these Terms of Service. Please read these Terms of Service carefully before creating an account (“Account”) via our proprietary platform known as the SPX Portal (“Portal”) so that you are aware of your rights and obligations.
1.2 The services we provide to users include (a) the Platform; (b) the services provided via the Portal and by the SPX client software made available through the Portal, enabling you to create and manage delivery orders (“Delivery Orders”) to transport your parcel (a “Delivery Parcel”) to your designated location (including deliveries arranged via our SPX Service Point); and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, videos, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services), application programming interfaces (“APIs”), application keys and/or security tokens (“Tokens”), specifications and/or technical documentation accompanying the APIs (“API Documentation”) or other materials made available through the Platform, the Portal or its related services (collectively, the “Services”). Any new features added to or amending the Services shall also be subject to these Terms of Service.
1.3 Before becoming a User of the Platform or engaging our Services, you must read and accept all of the terms and conditions in, or linked to, these Terms of Service and you must consent to the processing of your personal data as described in our Privacy Policy. We reserve the right to revise these Terms of Service at any time without providing notice to you. Your continued use of the Platform, the Portal and/or any of our Services after such changes or amendments have been posted shall constitute your acceptance of the revised Terms of Service. If you do not agree to any such changes, you must stop using the Services, the Platform and the Portal, and contact us at contactus.sg@spxexpress.com to deactivate your Account upon which these Terms of Service will be terminated. For the avoidance of doubt, newer versions of these Terms of Service supersede older versions, unless otherwise agreed by SPX.
1.4 We reserve the right to (a) refuse to provide you access to the Platform, the Portal, our Services or to allow you to open an Account for any reason; and/or (b) change, modify, suspend or discontinue all or any part of this Platform, the Portal or the Services, temporarily or permanently, at any time or upon notice as required by local laws. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to any part of the, or the entire, Platform, Portal or Services in our sole discretion and without notice or liability.
1.5 BY USING THE PLATFORM, THE PORTAL, OUR SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THESE TERMS OF SERVICE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN, ON OUR PLATFORM, ON OUR PORTAL AND/OR LINKED HERETO (“TERMS OF SERVICE”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE PLATFORM. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU 2 MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE PLATFORM, THE PORTAL, OUR SERVICES AND/OR THE ACCOUNT.
2. ACCOUNT MANAGEMENT
2.1. In order for you to use the Services, you may be required to register for an Account. You may only create an Account and use our Services if you are located in one of our approved countries, as updated from time to time.
2.2. To create an Account, you may be required to provide certain personal information including your mobile number, telephone number, email and/or your preferred password. We will only process your registration once you have provided all requested information. Upon successful creation of your Account, you will be provided a unique user identification (“User ID”).
2.3. You are only allowed to open a single Account and you cannot transfer your Account to any other person.
2.4. You agree to (a) keep your password confidential and use only your User ID and password when logging in; (b) ensure that you log out from your Account at the end of each session on the Portal; (c) immediately notify us of any unauthorized use of your Account, User ID and/or password; and (d) ensure that your Account information (including email and bank account details) is accurate and up-to-date.
2.5. You are responsible for supplying and authorizing access to your Account to your authorized personnel, and for ensuring that any person operating your Account on your behalf has full power and authority to do so on your behalf. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with these Terms of Service.
2.6. While using or accessing the Platform and/or the Portal, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors. Any such activity, terms, conditions, warranties or representations associated with such activity are solely between you and the relevant third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party.
2.7. In certain instances, we may require you to deposit a sum of SGD 200 with us (“Security Deposit”), before you start using our Services. The Security Deposit shall serve as security for the performance of your obligations under this Terms of Service, including but not limited to the payment obligations set forth in Section 7. In the event of any breach or default of your obligations, SPX shall be entitled, without prior notice to you, to apply or set-off the whole or any part of the Security Deposit against any loss, damage, cost or expense incurred by SPX arising from such breach of default, including but not limited to any unpaid fees or charges (“Set-Off”). For the avoidance of doubt, the application or set-off of the Security Deposit shall not prejudice SPX’s right to pursue any other remedies available at law for any losses or damages exceeding the Security Deposit amount, or for any other breach of these Terms of Service.
2.8. For Users who have defaulted on any payment obligations for 2 consecutive months, SPX shall be entitled to close your Account, perform any Set-Off against the Security Deposit, and/or return the Security Deposit within 30 working days to you via bank transfer.
2.9. For Users who are inactive for a period of more than 6 months, SPX shall be entitled to terminate your Account and return the Security Deposit within 30 working days to you via bank transfer.
3. PRIVACY
3.1. Your privacy is very important to us. Please read our Privacy Policy carefully to understand how we collect, use, process and/or disclose your information.
4. LIMITED LICENSE
4.1. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services subject to these Terms of Service. Unless we provide you with our consent, this licence does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of our individual elements or content). All proprietary content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Platform and/or the Portal are our property and where applicable, third party proprietors identified in the Platform and/or the Portal. No right or licence is granted directly or indirectly to any party accessing the Platform and/or the Portal to use or reproduce any such proprietary content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Platform and/or the Portal shall claim any right, title or interest therein.
4.2. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Platform, the Portal, the APIs, Tokens, API Documentation, and our content. You agree not to copy, distribute, re-publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform, the Portal or our content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Platform and the Portal on any other server or as part of any other website.
4.3. Any software provided by us to you as part of our Services is subject to the provisions of these Terms of Service. We reserve all rights to the software not expressly granted by us hereunder. Any third party scripts or code linked to or referenced from the Platform and/or the Portal are licensed to you by the third parties that own such scripts or code, not by us.
4.4. You are welcome to link to the Platform from your website, provided that your website does not imply any endorsement by or association with us. You acknowledge that we may, in our sole discretion and at any time, discontinue providing any part of the Services without notice.
4.5. You acknowledge, consent to, and agree that we may access, preserve, and/or disclose your Account information and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required 4 to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process or applicable law; (b) enforce these Terms of Service or our Prohibited Items Policy; (c) respond to your requests for customer service; or (d) protect our rights, property, or personal safety, or that of other Users and/or the public.
4.6. We may from time to time release updates, bug fixes, patches, or other error corrections to the Platform and/or the Portal (“Updates”). Each Update constitutes part of the Platform and/or the Portal and is subject to these Terms of Services.
5. SERVICES
5.1. Shipping and Delivery
(a) Sender may create an order for delivery services (“Delivery Order”) for your Delivery Parcel through the Portal or such other method allowed by us from time to time. In placing a Delivery Order, you must provide such information as requested by us, including (i) shipping method (i.e., pickup service or drop-off service); (ii) (as applicable) pickup information; (iii) delivery information (i.e. name of the recipient, delivery address and recipient’s contact number); (iv) parcel information; (v) service requirement (i.e., delivery timing), (vi) payment method (i.e. bank transfer, cash-on-delivery (“COD”) service (“COD Service”) (if available) etc); and (vii) name of the person who is the designated recipient of such Delivery Parcel (“Recipient”) and Recipients delivery address and phone number (“Delivery Instructions”).
(b) You acknowledge and agree that we may determine your eligibility for the COD Service (if available) and to activate or deactivate your COD Service with or without notice to you at any time and for any reason, including, but not limited to, your failure to comply with these Terms of Service.
(c) SPX shall hand over the Delivery Parcels directly to Recipient in accordance with the Delivery Instructions and shall collect a delivery fee from the Sender, as calculated in accordance with these Terms of Service (“Shipping Fee”). In the event that Recipient is not present at the delivery address at the time of delivery, SPX shall hand over the Delivery Parcels to (i) a receptionist, front office staff or internal security staff, where the delivery address is a commercial building, or (ii) an immediate family member or household assistant, where the delivery address is a residential building (“Alternative Recipient”). As an alternative, SPX may leave the Delivery Parcel at a location near the Recipient’s doorstep if Recipient and/or Alternative Recipient is not available. A photograph of the Delivery Parcel at such location shall be conclusive evidence that the Delivery Parcel has been delivered and SPX shall not be liable for any claim if there is a valid electronic proof of delivery.
(d) Notwithstanding the foregoing, a Delivery Instruction shall not be binding on SPX unless and until such Delivery Instruction is confirmed on the Platform and/or the Portal or by SPX. In any event, we reserve the right, at our sole discretion, to accept or reject any Delivery Instruction.
(e) Sender shall be responsible for passing the Delivery Parcel to us for the use of Services, except where we agree to pick up the Delivery Parcels at the location specified by Sender.
(f) The pickup and delivery address for a Delivery Parcel must be within the pickup and delivery zones of SPX, as specified by us and published on the Platform and/or the Portal from time to time and/or otherwise as agreed with us. We may update the pickup and delivery zones at any time, at our sole discretion.
(g) You agree that SPX has full discretion on the routing and diversion of the Delivery Parcels, including arranging for delivery via intermediate stops. If necessary and/or required by law, SPX may (at your cost) arrange for the Delivery Parcels to be shipped via a different route.
(h) You acknowledge that any change or cancellation of Delivery Instructions may only be made through the Platform and/or the Portal and only as may be allowed by SPX at its sole discretion.
5.2. Unsuccessful Delivery
(a) A delivery may be unsuccessful (“Unsuccessful Delivery”) due to various reasons such as:
(i) refusal by the Recipient or Alternative Recipient (as the case may be) to accept the Delivery Parcels;
(ii) (if applicable) failure by Recipient or Alternative Recipient (as the case may be) to pay the Shipping Fee and/or COD amount;
(iii) the Recipient or Alternative Recipient cannot be reasonably identified or located (e.g. no appropriate person is present at the Recipient’s address to accept delivery);
(iv) change in Delivery Instructions by the User (e.g. postponement of delivery or change in delivery details); and
(v) the information provided by the User is inaccurate or incomplete.
For sub-paragraphs (i) to (v) above, SPX shall not be liable for any damages or costs with respect to the delay or cancellation of such delivery.
(b) In case of an Unsuccessful Delivery on the first attempt, SPX will re-attempt to deliver the Delivery Parcels for such number of times determined by SPX at its sole discretion. If the Delivery Parcels remains undelivered despite the delivery attempt(s) made by SPX, SPX shall initiate the return of the Delivery Parcel(s) to Sender.
(c) Notwithstanding an Unsuccessful Delivery, SPX shall be entitled to collect from Sender (i) Shipping Fee (as defined below); and (ii) if the return of the Delivery Parcels to Sender is not due to the fault of SPX, the cost required to transport the Delivery Parcel(s) for return to Sender (“Return Shipping Fee”).
(d) Any Delivery Parcels for return to Sender will be sent to the address indicated by Sender in the Delivery Instructions unless Sender notifies SPX in writing of a different address for the return of the Delivery Parcels. Alternatively, if approved by SPX, Sender may elect to collect their Delivery Parcels from a designated SPX location.
(e) If (i) Sender’s designated return address is outdated or incorrect; (ii) Sender has not provided or, upon SPX’s request, has not confirmed a designated return address; (iii) SPX cannot collect the Shipping Fee from Sender or Recipient (as the case may be) and/or (if applicable) the Return Shipping Fee from Sender; or (iv) Sender fails to collect their Delivery Parcels from the designated SPX location, SPX shall notify Sender of the aforementioned event(s).
(f) If Sender fails to resolve the issue within such number of days specified by SPX in the written notice, SPX shall have the right to dispose of the Delivery Parcels at Sender’s cost and in the manner SPX deems appropriate without prior notice and liability to User, and Sender shall be deemed to have forfeited all rights to the Delivery Parcel. For the avoidance of doubt, SPX’s right to dispose of the Delivery Parcels in this paragraph includes the right to dispose of such Delivery Parcels to recover any unpaid Shipping Fee and/or (as applicable) Return Shipping Fee and any amount due and payable by Sender to SPX under these Terms of Service.
5.3. Sender’s Responsibilities
Sender shall:
(a) properly manage and ensure that the Delivery Instructions are complete, true, and accurate. In the event that the Recipient or Alternative Recipient (as the case may be) fails to receive the Delivery Parcel due to incomplete, untrue, or inaccurate Delivery Instructions, Sender shall resolve the failed delivery issue with Recipient and, without prejudice to the right of SPX to be indemnified in Paragraph 12 and to the other rights of SPX in these Terms of Service and under the applicable law, pay SPX the Shipping Fee;
(b) ensure that the Delivery Parcel is ready for handover to SPX on the pickup date that you indicated in your Delivery Instructions (“Pickup Date”) if you selected “Pickup Service” as the shipping method. In the event that you fail to hand over the Delivery Parcel to SPX on the Pickup Date, SPX may collect 100% of the Shipping Fee from you;
(c) deliver the Delivery Parcels to your chosen SPX Drop-Off Point within the timeframe determined and notified to you by SPX (“Drop-Off Date”) if “Drop-Off Service” is made available to you and you selected it as the shipping method. In the event that you fail to hand over the Delivery Parcel to the selected SPX Service Point on the Drop-Off Date, SPX may collect 100% of the Shipping Fee from you;
(d) comply with our prescribed standard operating procedures, weight restrictions, size restrictions, airway bill labelling, and other shipping and packaging requirements under any of our policies and/or applicable law; and
(e) ensure that the Delivery Parcel does not contain any prohibited or restricted items as stated in our Prohibited Items Policy. For the avoidance of doubt, SPX does not accept Delivery Orders containing the following items and Seller shall ensure that the Delivery Parcel does not contain such items: (i) fresh food, fruit and vegetable, frozen food and canned food; (ii) fragile items such as glass, ceramics, solar panels etc.; and (iii) plants.
5.4. Delivery Requirements
(a) With regard to the delivery of alcohol products,
(i) Sender represents, warrants and undertakes that (A) Sender hold all necessary licences and/or permits to sell alcohol products in Singapore, and shall provide a copy of such licences and/or permits and supporting documents to SPX immediately upon request for verification purposes; (B) Sender had sold alcohol products to a person aged 18 and above; and (C) all information and documents provided to SPX are true and accurate; and
(ii) SPX reserves the right to (A) request valid photo identification from Recipient and/or Alternative Recipient for age verification purposes; and/or (B) refuse the delivery of alcohol products if Recipient and/or Alternative Recipient is unable to provide valid photo identification for age verification purposes.
(b) Delivery Parcels may be subject to screening which may include x-ray, explosive trace detection and other security screening methods, and SPX may open and inspect Delivery Parcels without prior notice to you.
(c) Notwithstanding anything stated or implied to the contrary, SPX reserves the right to reject a Delivery Order and/or refuse to deliver any Delivery Parcel (“Rejected Delivery Order”) at its sole discretion and for any reason, including, but not limited to, when, in its reasonable opinion:
(i) the Delivery Parcel is regarded or classified as hazardous material, dangerous goods, prohibited or restricted articles under our Prohibited Items Policy, any applicable laws, regulations or any other national or international rules including, but not limited to, the regulations of International Air Transport Association and International Civil Aviation Organization;
(ii) the Delivery Parcel would be likely to cause damage or delay to other shipments, equipment, or personnel;
(iii) where acceptance of the Delivery Parcel may jeopardize the provision of services to other Senders or other customers of SPX and/or the operations of SPX, as determined by us at our sole discretion;
(iv) the Delivery Parcel is determined by SPX as not compliant with SPX’s weight and size restrictions and other shipping and packaging requirements under our policies. For more information on SPX’s weight and dimension requirements for SPX Express Parcels, you may refer to our website; and/or
(v) other analogous cases.
For the avoidance of doubt, a Rejected Delivery Order shall not be binding to SPX, and SPX shall have no liability whatsoever to Sender, Recipient, or any third party with respect to such Rejected Delivery Order.
5.5. Prohibited or Restricted Items
If SPX finds any prohibited or restricted items as stated in our Prohibited Items Policies or under applicable laws, SPX may:
(a) notify the Sender and make the Delivery Parcel available for self-collection at such address solely determined by SPX. Where the Delivery Parcel has not been collected within seven (7) days of such notification, SPX shall be entitled to dispose the Delivery Parcel at Sender’s cost without Sender’s approval, in such manner as SPX deems fit, and Sender shall be deemed to have forfeited all rights to the Delivery Parcel. Sender further agrees that SPX shall not be liable for any loss suffered by Sender due to such disposal;
(b) dispose the Delivery Parcel if SPX determines that the Delivery Parcel may create a safety, health, or liability risk to SPX, its personnel, or any third party; or
(c) take any action as required by the applicable laws and regulations.
5.6. In the event that the packaging of the Delivery Parcel is damaged, not safe for delivering or may cause damage, SPX may, at its sole discretion, carry out further packaging or modify the packaging of the Delivery Parcel in order to secure the integrity of the Delivery Parcel for delivery.
5.7. Sender may purchase insurance coverage to insure the Sender’s Delivery Parcels. If the Sender chooses not to purchase any insurance coverage for the Sender’s Delivery Parcels, SPX’s liability for any loss or damage of the Delivery Parcel is subject to paragraph 13 of these Terms of Service.
6. FEES
6.1. Shipping Fee rates shall be as determined by us from time to time and as set out in the rate cards published on the Platform, the Portal or otherwise notified by us to you.
6.2. The applicable Shipping Fee for a Delivery Order shall be notified to, and become payable by, either Sender or Recipient depending on the Delivery Instructions, upon Sender’s provision of the complete Delivery Instructions, and through such modes of payment accepted by SPX and notified to Sender or Recipient (as the case may be) from time to time.
6.3. In the event that Sender is liable to pay a Return Shipping Fee pursuant to paragraph 5.2, the Return Shipping Fee shall be notified to, and become payable by, Sender at the time and through such modes of payment accepted by SPX and notified to Sender from time to time.
6.4. In the event that SPX’s costs for the delivery or a part of the delivery should increase due to conditions beyond SPX’s control, and which SPX could not reasonably have foreseen, SPX shall be entitled to adjust the Shipping Fee to accommodate such increase in costs. Such costs increases may result from events such as currency fluctuation, new or changed national/local levies, labour market conflicts and changes in fuel prices.
7. PAYMENT, TAX AND DUTIES
7.1. The Shipping Fee and Return Shipping Fee are subject to prevailing goods and services tax (“GST”), and Sender or Recipient (as the case may be) shall be responsible for such GST amount.
7.2. Any other taxes and/or duties applicable to the delivery of the Delivery Parcel shall also be borne by Sender or Recipient (as the case may be).
7.3. Sender or Recipient (as the case may be) shall pay the Shipping Fee to SPX:
(a) where applicable, at the time of completing Delivery Instructions through the payment channels available on the Platform, the Portal or (if available) at any SPX designated locations;
(b) within 30 days upon receipt of a tax invoice from SPX; or
(c) such other payment methods as approved by SPX.
7.4. In the event that the Sender or Recipient (as the case may be) fails to make payment within the time period stipulated in paragraph 7.3, unless SPX agrees otherwise in writing, Sender agrees to pay SPX interest at a rate of 2% per month or such other rate determined by SPX at its sole discretion on the entire outstanding balance until the date of repayment of the entire outstanding balance. SPX further reserves the right to claim damages (if any) arising from such default payment.
7.5. You acknowledge and agree that we shall have the right to set off and apply any other sum due or owing by us to you or your affiliates under these Terms of Service against any amounts of debts, outstanding claims, demands, loss or damages, and/or any amounts due and owing by you or your affiliates (as the case may be) to us under these Terms of Service or any other dealings, agreements, contracts or debit notes.
8. LOSS OR DAMAGE DURING DELIVERY
8.1. In the event that there are any issues with a delivery pursuant to a Delivery Order (including delays, damage or loss of the Delivery Parcel), Sender shall notify SPX in writing and provide such information as requested by SPX (a) within fourteen (14) days from the scheduled pickup date; or (b) within five (5) business days of the scheduled delivery date, failing which SPX shall have no liability to the User whatsoever in connection with such Delivery Parcel. For the avoidance of doubt, Sender’s obligation to pay the Shipping Fee for such Delivery Parcel under paragraph 6, shall not be prejudiced by this paragraph. If the Delivery Parcel relates to a transaction that was carried out on an e-commerce platform or third party platform that has separately engaged SPX to provide logistics services, the delivery terms for such Delivery Parcel may vary depending on the terms of such platform, and any delivery issues should be raised by the buyer directly to such platform.
8.2. All supporting documents, including the original shipping cartons, packaging and contents must be made available for SPX’s inspection and may be retained by SPX until SPX’s investigation of the delivery issue(s) is concluded.
8.3. Upon receiving the notification as referred to in paragraph 8.1 above, SPX shall investigate the case in a timely manner and shall be permitted to do all things and require such additional information from Sender as it deems necessary to complete its investigation.
8.4. If Sender proves conclusively that the delay, damage or loss of a Delivery Parcel was directly caused by SPX, SPX shall refund Sender the Shipping Fee on or before the end of the month following the month in which such delay, damage or loss was proven.
8.5. Sender agrees that any decision on a claim for compensation shall be made by SPX at its sole discretion. Sender acknowledges and agrees that SPX’s decision is final, conclusive, and binding.
8.6. Notwithstanding any other provision in these Terms of Service, Sender shall not be eligible to file a claim in the following circumstances:
(a) Sender is unable to prove that it had placed a valid Delivery Order in accordance with these Terms of Service;
(b) if the Delivery Parcel falls under our Prohibited Items Policy (“Prohibited Item”). Sender shall be fully responsible for any consequences of shipping a Prohibited Item, including, but not limited to, any damages to people or property caused by the Prohibited Item;
(c) if the claim of Sender is for the decrease in the value of the Delivery Parcel due to the perishable character of the Delivery Parcel or protracted delivery time due to any event of Force Majeure (as defined below); or
(d) other cases permitted by applicable laws.
8.7. For more information on how you can support your claim for compensation, you may contact us at contactus.sg@spxexpress.com.
9. USE OF SPX APIS, TOKENS, AND API DOCUMENTATION
9.1. This section (Use of SPX APIs, Tokens, and API Documentation) applies in the event that you use or incorporate the SPX APIs, Tokens and API Documentation to create, develop, integrate or link software applications, websites or other interfaces that you own or operate (“Your Applications”) that involves the access of and interactions with SPX’s Platform, Portal or other SPX systems.
9.2. Access to, and use of, the APIs, Tokens and API Documentation are restricted solely to users who have been authorised by SPX. We may in our sole and absolute discretion accept, reject, discontinue, suspend or terminate your access to, and use of, the APIs, Tokens and API Documentation without any reason, prior notice, or any liability if we become aware or suspect that you have failed to comply with applicable laws, these Terms of Service, our Privacy Policy, or any other SPX policy.
9.3. You shall treat the APIs, Tokens and API Documentation as confidential and you shall at all times maintain the security and confidentiality of them. You shall prevent the misuse of the APIs, Tokens and API Documentation or any other credentials provided by SPX to you in connection with the use of the Platform or Portal, and shall not transfer, loan, or share them with any third party without the prior written consent of SPX. You shall notify SPX immediately if you have knowledge, or reason to suspect, that the security or confidentiality of the APIs, Tokens, API Documentation or any other credentials provided by SPX to you have been compromised, breached, unlawfully accessed or disclosed.
9.4. You acknowledge and agree that:
(a) you shall be fully responsible for, and be bound by, any and all access and use of the APIs, Tokens and API Documentation.
(b) you shall be fully responsible for Your Applications and for all costs and expenses related to your use of the APIs, Tokens and API Documentation, including but not limited to the cost of developing or maintaining Your Applications.
(c) Your Applications shall not contain, permit, or attempt to cause or introduce, any information, graphics, photographs, data and any other material that contains, or which may contain, viruses, worms or other potentially harmful components which may threaten, infect, damage or otherwise interfere with SPX’s Platform, Portal or other systems, or otherwise creates a security risk or vulnerability, infringes any third-party intellectual property rights or any other proprietary rights, is false, inaccurate, misleading, defamatory, libellous, harassing or threatening, is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under applicable laws, or is or may be construed, in SPX's sole opinion, as abusive, offensive or otherwise objectionable;
(d) you shall not use APIs in a manner that exceeds reasonable request volumes, constitutes excessive or abusive usage or otherwise violates any SPX policies that SPX may implement from time to time
(e) SPX may in its sole and absolute discretion limit your use of the APIs (for example, by limiting the number of API requests which you may make or the number of users per application) and you undertake not to circumvent such limitations;
(f) upon the request of SPX, to provide SPX with any authorisations required to conduct regular security testing on Your Application, including but not limited to penetration testing and vulnerability scanning against Your Application and/or the Application’s hosting infrastructure. SPX may test Your Application using either manual security testing methods or automated security testing methods. You further agree that any vulnerabilities identified in Your Application shall be remedied by you prior to the release of Your Application;
(g) upon the request of SPX, you shall provide SPX with a high-level application architecture that describes the key functions of Your Application, any modules within Your Application (and their purpose), any dependency on third party modules or applications, and any data flows associated with such third party modules or application; and
(h) you shall not sell, rent, trade, distribute, store, copy, modify or otherwise make available for commercial use the APIs, Tokens or API Documentation other than as permitted under these Terms of Service.
9.5. You acknowledge and agree that you will not use or access (or otherwise attempt to, or facilitate others to, use or access) any of the APIs, Tokens or API Documentation in any way which may directly or indirectly undermine the commercial interests of SPX, or with the intent to design, build, promote or otherwise benefit any services in competition (whether directly or indirectly) with SPX.
9.6. You acknowledge and agree that your use or access of the APIs, Tokens or API Documentation shall be in accordance with all applicable privacy and data protection laws and our Privacy Policy, and you shall not collect, use, disclose or otherwise process personal data of any user other than as provided in these Terms of Service.
10. YOUR REPRESENTATIONS AND WARRANTIES
10.1. By using the Services, the Platform and/or the Portal, you represent, warrant and undertake that:
(a) (in the case of an individual) (i) you are not a minor and have full power, capacity and authority to enter into and perform your obligations under these Terms of Service; and (ii) any information provided or made available by you is at all times accurate and complete;
(b) (in the case of a company) (i) you are, and will remain at all times, a business duly organized, registered, validly existing and in good standing under the laws of the country in which the business is registered; (ii) you have full power, capacity and authority to enter into and perform your obligations under these Terms of Service; and (iii) any information provided or made available by you or your affiliates is at all times accurate and complete;
(c) you shall (i) comply with all applicable laws and regulations, including all antibribery, anti-corruption and tax laws relating to your activities, and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements; and (ii) be responsible for and pay all taxes, custom duties and other charges arising out of or associated with these Terms of Service and/or (if applicable) the items you sold;
(d) you shall comply with these Terms of Service including our policies;
(e) you shall include all information and supporting documents required by applicable laws and ensure that any information provided under these Terms of Service is accurate, current, complete and is not misleading;
(f) you shall not open and/or operate multiple Accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(g) you shall not access the Platform and/or the Portal, open an Account, or otherwise access your Account using any emulator, simulator, bot or other similar hardware or software;
(h) you shall not cause, permit, or authorize the modification, creation of derivative works, or translation of the Platform and/or the Portal without our consent;
(i) you shall not use or allow anyone to use the Services, the Platform, and the Portal in an unlawful, inaccurate, misleading, false, fraudulent, defamatory, trade libellous, or otherwise unsuitable manner;
(j) you shall not modify, hack, reverse engineer, disable, disrupt, de-compile, disassemble, reassemble, supplement, translate, adapt, create derivative works of, enhance, copy, decrypt or interfere with the functioning of the Platform and/or the Portal;
(k) you shall not attempt to decompile, reverse engineer, disassemble or hack the Platform and/or the Portal (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by SPX with respect to the Platform and/or the Portal and/or data transmitted, processed or stored by SPX;
(l) you shall not use any robot, spider, other automatic device, or manual process to monitor or copy the Platform and/or the Portal, or remove any proprietary notices from the Platform and/or the Portal;
(m) you shall not access content or information that concerns any party other than you, transmit unsolicited communications, interfere with the proper working of the Platform and/or the Portal, transmit any viruses, trojan horses, or other harmful code, or attempt to bypass any mechanism used to detect or prevent such activities;
(n) you shall not avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of the Platform and/or the Portal;
(o) you shall not interfere with, manipulate, disrupt or otherwise take any action that could directly or indirectly damage, disable, overburden, or impair the Platform and/or the Portal, or servers or networks connected to the Platform and/or the Portal, or any other User’s use and enjoyment of the Platform and/or the Portal;
(p) you shall not infringe the rights of SPX, including any intellectual property rights;
(q) you shall not harvest or collect any information about or regarding other Users, including, without limitation, any personal data or information;
(r) you shall not use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the United States, the United Nations, the European Union, the country of origin, country of destination and any transit countries; and
(s) you shall not intentionally expose us, and our respective officers, employees, directors, contractors, partners, agents, subcontractors, representatives etc., to undue risk or otherwise engage in activities that we determine to be harmful to our operations, reputation, or goodwill.
10.2. You undertake and warrant that all your representations, warranties and undertakings in these Terms of Service will remain true and correct at all times. In the event any of them become untrue or incorrect, you will promptly inform us of the same and rectify the situation to our satisfaction (without prejudice to any other of our rights or remedies).
11. SPX’S RIGHTS
11.1. SPX reserves the right to monitor and audit your compliance with these Terms of Service, including accessing and using Your Application, requesting for documents and information and visiting your facilities upon providing reasonable notice.
11.2. If you do not comply with these Terms of Service, our policies or applicable laws and/or if there are potentially fraudulent or suspicious activities/transactions associated with your Account, we may at any time, with or without notice or liability to you or any third party:
(a) immediately terminate, suspend or limit your use and/or access to your Account, the Services, the Platform, the Portal, the APIs, Tokens, or API Documentation and/or suspend the processing of any transaction associated with your Account;
(b) remove or discard from the Platform and/or the Portal any content associated with your Account;
(c) withhold any sale proceeds or refunds;
(d) withhold or void any payment to be made to you per Section 14.3;
(e) file criminal charges and/or civil actions against you, including without limitation a claim for damages and/or interim or injunctive relief;
(f) refuse to provide the Services to you now and/or in the future; and/or
(g) take any other actions that we may deem necessary to the fullest extent permitted under applicable laws.
11.3. We may withhold for investigation, refuse to process, restrict shipping destinations, stop and/or unilaterally cancel any Delivery Order.
11.4. For the purposes of prevention of fraud, compliance with applicable laws or these Terms of Service, or other commercially reasonable reasons, we may open and inspect any Delivery Parcel and/or impose transaction limits on your Account.
11.5. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
11.6. We may work with and/or use the services of our designated providers or other third party service providers in connection with the Services.
12. TERMINATION
12.1. We may unilaterally and immediately terminate these Terms of Service and restrict your use of the Services upon the occurrence of any of the following:
(a) extended periods of inactivity, as determined by us from time to time;
(b) breach of these Terms of Service, our policies and/or applicable laws;
(c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour;
(d) having multiple Accounts;
(e) use of any unauthorized third party software or products on the Portal,
(f) failure to pay any applicable tax, including withholding tax (if applicable), or to submit true and accurate documents as required by applicable laws or regulations;
(g) behaviour that is harmful to other Users, third parties, or the business interests of SPX;
(h) if a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason;
(i) (in the case of an individual) you being adjudicated a bankrupt or have any similar action taken against you in any jurisdiction, or (in the case of a company) you passing a winding up resolution or a court of competent jurisdiction making an order for the same;
(j) the issuance of a judicial management or administrative order in relation to you, or the appointment of a receiver over, or an encumbrance taking possession of, or the sale of, your assets;
(k) you making an arrangement or composition with your creditors generally or applying to a court of competent jurisdiction for protection from its creditors; or
(l) you ceasing or threatening to cease to carry on business.
12.2. You may terminate your Account if you notify SPX in writing (including via email at contactus.sg@spxexpress.com) of your desire to do so. You understand and agree that your Account will, at the earliest, be terminated twenty-four (24) hours after the request for termination.
12.3. Notwithstanding any such termination, you will remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination). SPX may decide whether to complete or cancel any pending Services, and you shall pay any fees in connection with Services that are completed. SPX shall have no liability and shall not be liable for any damages incurred due to the actions taken in accordance with this paragraph. You hereby waive any and all claims based on any such action taken by SPX.
12.4. Any provision of these Terms of Service that, by its nature, is meant to survive the term or termination, shall survive such term or termination.
13. INDEMNITY
13.1. You agree to defend, indemnify and hold us, and our respective officers, employees, directors, contractors, partners, agents, subcontractors and representatives (collectively, the “Indemnified Parties”), harmless from, and at our option, defend us against, any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to:
(a) your actual or alleged breach of any provision of these Terms of Service, or any policy or guidelines referenced herein;
(b) ii. the transportation or delivery of Prohibited Items or other unlawful goods;
(c) any incorrect, misleading, or erroneous information provided to us or any third party in connection with the Services;
(d) your use or misuse of the Services;
(e) your breach of any applicable laws or any rights of a third party; or
(f) any tax compliance costs or tax liability incurred by us in connection with your activities, arising out of your non-compliance with applicable tax laws or us being deemed as your tax agent.
13.2. If we reasonably determine at any time that any indemnified claim might adversely affect us, we may take control of the defences at your expense. You may not consent to the entry of any judgment or enter into any settlement of a claim against us without our prior consent in writing, which consent may not be unreasonably withheld.
14. EXCLUSION AND LIMITATION OF LIABILITY
14.1. We shall not be liable for indirect, incidental, special, punitive or consequential damages, including loss of use, loss of profits or interruption of business, however caused or on any theory of liability. For the avoidance of doubt, while we endeavour to deliver the Delivery Parcels in accordance with our regular delivery schedules, we are not liable to you for any form of compensation in the event of delay in the delivery of the Delivery Parcels.
14.2. In addition, each of the User and the Recipient agrees that SPX shall not be liable or responsible for the following:
(a) inability to complete delivery of the Delivery Parcel if the Recipient’s address is incomplete or incorrect;
(b) any non-compliance with any laws and regulations including export control laws, sanction, restrictive measures and embargoes; or
(c) in the event any of the Delivery Parcels is seized, detained or destroyed by a government authority.
14.3. If we are nevertheless found liable, to the fullest extent permitted by applicable laws, and not withstanding any other provision of these Terms of Service, the aggregate liability of SPX and our respective officers, employees, directors, contractors, partners, agents, subcontractors and representatives, and any of them, to you and anyone claiming by or through you, for all claims resulting from or in any way related to these Terms of Service shall be strictly limited to the actual and direct loss caused by SPX only and shall not exceed SGD 150 per Delivery Parcel.
15. FORCE MAJEURE
15.1. No party will be liable to the other or be deemed to be in breach of these Terms of Service by reason of any delay or failure to perform any of its obligations due to an event or cause beyond such party’s reasonable control (“Force Majeure”), including the following:
(a) acts of god including earthquakes, cyclones, storms, flooding, fire, disease, fog, snow or frost;
(b) acts of war, accidents, sabotage, insurrection, acts of public enemies, strikes, embargoes, perils of the air, act of terrorism, local disputes or civil commotions;
(c) national or local disruptions in air or ground transportation networks and mechanical problems to modes of transport or machinery;
(d) applicable laws, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(e) import or export regulations or embargoes;
(f) interruption of traffic, strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees, or third party workers);
(g) criminal acts of third parties such as theft and arson; and
(h) health epidemics declared by the World Health Organization.
15.2. Upon the occurrence of any event of Force Majeure, we may, at our option, fully or partially suspend delivery/performance of obligations hereunder while such event or circumstance continues. If any of the events of Force Majeure continues for a period exceeding one (1) month, we may notify you that we will terminate our obligations to you under these Terms of Service with immediate effect.
16. DISCLAIMER
16.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM, THE PORTAL AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM, THE PORTAL AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16.2. WE HAVE NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF THE DELIVERY PARCELS; OR (B) THE ABILITY OF SENDERS TO SHIP THE DELIVERY PARCELS ON TIME OR OF RECIPIENTS TO ACCEPT THE DELIVERY PARCELS AND PAY FOR SUCH DELIVERY PARCELS ON TIME. IF THERE IS A DISPUTE INVOLVING ONE OR MORE SENDERS AND ONE OR MORE RECIPIENTS/ALTERNATIVE RECIPIENTS, SUCH SENDERS AND RECIPIENTS/ALTERNATIVE RECIPIENTS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
17. GOVERNING LAW
17.1. These Terms of Service shall be governed by and construed in accordance with the laws of Singapore without regard to its conflict of law rules. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to SPX or any Indemnified Party, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this paragraph. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
18. GENERAL PROVISIONS
18.1. We reserve all rights not expressly granted herein.
18.2. Unless expressly agreed otherwise by the parties, these Terms of Service will prevail over any other agreement, terms or conditions regarding the subject matter. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this paragraph it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be 18 contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
18.3. These Terms of Service will apply to the relationship between the parties in addition to any specific terms agreed to herein or specifically agreed by the Parties from time to time. In the event of any conflict or inconsistency between these Terms of Service and our policies, the provisions of these Terms of Service shall prevail.
18.4. The recipient of any Confidential Information shall not disclose that Confidential Information, except to its affiliates, employees, and/or agents who need to know it and who have agreed to keep it confidential. The recipient shall ensure that those people and entities use Confidential Information only to exercise rights and fulfil obligations under these Terms of Service. The recipient may also disclose Confidential Information when required by law after giving the discloser reasonable notice and the opportunity to seek confidential treatment, a protective order or similar remedies or relief prior to disclosure. “Confidential Information” means any information proprietary to a party to these Terms of Service or an affiliate thereof, that is disclosed to the other party or an affiliate thereof, whether marked as confidential or not, that should be considered confidential information under the circumstances. It does not include information that the recipient already knew, that becomes public through no fault of the recipient, that was independently developed by the recipient, or that was lawfully obtained and provided to the recipient by a third party.
18.5. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations without our prior written consent. We may assign, sublicense or transfer all or part of our rights and/or obligations under these Terms of Service.
18.6. Nothing in these Terms of Service shall be construed as constituting any agency, partnership or joint venture between us and the User or Recipient, and each of the User, Recipient and SPX shall not represent itself as or hold itself out as having any power or authority to incur any obligation of any nature as agents, partner, employee or representative of each other.
18.7. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of ours and our affiliates’ and subsidiaries’ respective successors and assigns).
18.8. Notwithstanding any other provision in these Terms of Service to the contrary, nothing contained herein will oblige us or you to engage in any action or omission to act which would be prohibited by or penalized under applicable laws. The illegality, invalidity or unenforceability of any provision of these Terms of Service under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision. The actual or future invalidity or ineffectiveness of any provision in the Terms will not affect the validity or effectiveness of the whole document.
18.9. If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
18.10. The failure of SPX at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
18.11. If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Platform, please contact us at contactus.sg@spxexpress.com.
I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION TO THE SAME HEREAFTER.
Last Updated: 28 July 2025