TERMS AND CONDITIONS
By accessing this website, you are deemed to have accepted these terms and conditions, and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on this website (www.moderntennis.sg) from time to time (hereinafter collectively referred to as the “Terms and Conditions ”). WE RESERVE THE RIGHT TO AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME. The Terms and Conditions shall apply to all visits and use of this website, as well as to the content, information, recommendations, products and/or services provided to you on or through this website. Please read the Terms and Conditions carefully before using this website. If you disagree with any of these Terms and Conditions or any other applicable law or regulation that applies to this website, you must immediately discontinue your access to this website and your use of the services offered on this website.
1. Definitions and Interpretation
1.1 In these General Terms & Conditions, the following words and expressions shall have the following meanings:
means the agreement for services entered into between the Customer and Modern Sports Singapore, which incorporates, inter alia, these General Terms & Conditions and the relevant Specific Service Terms & Conditions.
means any addition, deletion, modification or alteration to any Service, the manner in which any Service is provided, or the performance standards of any Service, as may be mutually agreed in writing by the Parties.
means the fees payable by the Customer in connection with Modern Sports Singapore for the provision of any Service.
includes, but is not limited to, all information of a commercial, technical or financial nature relating to any Service and/or the Disclosing Party which is deemed to be unique, secret and confidential, and which constitutes the exclusive property or trade secrets of the Disclosing Party, regardless of form, format or media including without limitation, written, oral or information reduced to tangible form and also includes information communicated or obtained through meetings, documents, correspondence or inspection of tangible items.
means any person who applies or subscribes for or utilises a Service.
means, in relation to a Customer, all information which Modern Sports Singapore obtains, and any other information and data provided by the Customer to Modern Sports Singapore, as a result of the Customer’s use of a Service.
means the services offered or provided by Modern Sports Singapore to the Customer from time to time and “Service” means any one of them.
Specific Service Terms & Conditions
means the terms and conditions prescribed by Modern Sports Singapore with respect to the provision of a specific Service.
1.2 Unless the contrary intention appears:
A reference to these General Terms & Conditions or another instrument includes any variation or replacement of any of them;
A reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
The singular includes the plural and vice versa;
The word “person” includes a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
If a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day;
A reference to a day is to be interpreted as the period of time commencing at midnight and ending twenty-four (24) hours later;
A reference to a time is a reference to Singapore time;
A reference to anything (including, without limitation, any amount) is a reference to the whole and each part of it and a reference to a group of persons is a reference to all of them collectively, and to each of them individually;
The words “including”, “for example” or “such as” are not used as, or to be interpreted as a word of limitation, and do not limit the meaning of the words to which the example relates to that example or an example of a similar kind;
No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these General Terms & Conditions or any part of it; and
Headings are inserted for convenience and do not affect the interpretation of these General Terms & Conditions and/or Specific Service Terms & Conditions.
2. Application of General Terms & Conditions
2.1 These General Terms & Conditions shall apply to each and all the Services whenever applied for or provided to the Customer, in addition to any Specific Service Terms & Conditions, except to the extent, if any, expressly excluded in the Specific Service Terms & Conditions, provided that:
in the event of any conflict or inconsistency between any provision of the Specific Service Terms & Conditions and any provision of these General Terms & Conditions, the provision of the Specific Terms & Conditions shall prevail; and
all rights conferred on Modern Sports Singapore under these General Terms & Conditions with respect to any matter or event shall be additional to the rights conferred on Modern Sports Singapore under the Specific Terms & Conditions with respect to that matter or event.
3.1 Modern Sports Singapore reserves the right to refuse to offer any Service to any Customer without having to assign any reason for such refusal.
3.2 Modern Sports Singapore shall perform the Services in accordance with the service levels set out in the relevant Specific Service Terms & Conditions.
3.3 The Customer shall comply with the Specific Service Terms & Conditions
4. Charges and Payment
4.1 In consideration of Modern Sports Singapore’s provision of any Service, the Customer shall pay to Modern Sports Singapore the Charges.
4.2 Modern Sports Singapore may at any time review the Charges, and any new Charges so specified by Modern Sports Singapore shall apply from such date as Modern Sports Singapore may notify the Customer in writing.
4.3 Notwithstanding anything contained herein, Modern Sports Singapore reserves the right to revise the Charges without prior notice as a result of:
any approval, order, direction, determination, requirement, laws, regulations or procedures imposed by any governmental or regulatory authorities or the Authority; and/or
surcharges relating to fuel, security, conveyance costs or any other costs arising from situations beyond the reasonable control of Modern Sports Singapore.
4.4 In the event the Customer requires Modern Sports Singapore to present its invoices or to allow payment of its invoices via electronic means, the Customer shall bear all charges incurred, including all third party charges, if any.
4.5 Payments are paid in Singapore Dollars.
5. Limitation of Liability
5.1 To the extent permitted by law, neither Party shall be liable to the other Party in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by the other Party in connection with any Service whether during or after the term of the provision of the Service. For the purposes of these General Terms & Conditions and the Specific Service Terms & Conditions, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
5.2 Where Modern Sports Singapore’s liability is not expressly excluded under the Specific Service Terms & Conditions or under any applicable law, subject to satisfactory proof, Modern Sports Singapore’s liability to the Customer for any event giving rise to a claim in contract (including indemnities), tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with any Service under the Agreement shall be limited to a maximum amount of the Charges payable by the Customer to Modern Sports Singapore for the Service for a period of one (1) month immediately preceding the event giving rise to the claim, provided always that the aggregate cumulative liability of Modern Sports Singapore for all claims arising by reason of or in connection with that Service for the duration of the Agreement shall not exceed the aggregate Charges payable by the Customer in respect of that Service under the Agreement.
5.3 Neither Party shall be in breach of these General Terms & Conditions and/or Specific Service Terms & Conditions, and shall not be liable to the other for its failure to perform its obligations if, and to the extent that, such failure results from the other Party failing to perform any of its obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions.
5.4 Modern Sports Singapore shall not be liable for all claims for libel, slander or infringement of copyright arising from the material transmitted or received in connection with any Service and all other claims arising out of any act or omission of the Customer in connection with such Service. In the event of any such claim, the Customer shall indemnify and keep indemnified Modern Sports Singapore in full in respect of such claim.
5.5 Nothing in these General Terms & Condition and/or Specific Service Terms & Conditions in any way excludes or restricts a Party’s liability for death or personal injury resulting from the negligence of that Party.
6.1 The Customer shall indemnify and keep Modern Sports Singapore indemnified against any claim, action, suit or proceeding brought or threatened to be brought against Modern Sports Singapore by a third party in relation to Modern Sports Singapore’s performance of any Services, arising out of any act, omission or default (whether or not resulting from negligence) of any of the Customer’s obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions, and to pay Modern Sports Singapore damages, costs and interest in connection with such claim, action, suit or proceeding.
7.1 Either Party (“Terminating Party”) may terminate these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary by providing notice to the other Party where:
a. the other Party breaches of any of the terms and conditions of these General Terms & Conditions and/or Specific Service Terms & Conditions, the Terminating Party has given fourteen (14) days’ notice of such breach and the other Party has failed to rectify such breach within that time.
7.2 Modern Sports Singapore may terminate these General Terms & Conditions and/or Specific Service Terms & Conditions in full or to the extent necessary by providing notice to the Customer where:
Modern Sports Singapore is of the opinion that any Service has been used in such a manner as to cause embarrassment or inconvenience or in any manner unacceptable to Modern Sports Singapore
the Customer has outstanding Charges or any other monies due and payable to Modern Sports Singapore which remain unpaid, and where Modern Sports Singapore has given fourteen (14) days’ notice of such breach and the Customer has failed to rectify such breach within that time;
Modern Sports Singapore is unable to provide any Services due to lack of reasonable operating capacity;
the Customer has been adjudged bankrupt or if a receiving order has been made against it, or if the Customer is insolvent or is in liquidation (whether voluntary or compulsory) or if the Customer has made compositions or arrangements with, or assignment for the benefit of, its creditors;
the Customer, in the case of a corporation, has a winding-up petition presented against it, or has a receiver or a receiver and manager or a judicial manager appointed;
the Customer, in the case of a corporation, has in Modern Sports Singapore’s reasonable opinion, ceased to carry on business;
the continued operation of these General Terms & Conditions and/or Specific Service Terms & Conditions would be unlawful or would pose an imminent threat to life or property;
in Modern Sports Singapore’s reasonable opinion, the Customer attempted to use, is likely to use or has used any Service (whether with or without the authorisation and/or permission of Modern Sports Singapore) in contravention of any law;
any material information provided or representation made by the Customer to Modern Sports Singapore is untrue, misleading or inaccurate and has an adverse material impact on Modern Sports Singapore in relation to its provision of any Service; or
any gift or consideration of any kind was given or offered to any of Modern Sports Singapore’s staff as an inducement or reward in connection with the provision of any Service.
7.3 In the event the Authority directs or instructs or gives guidance that Modern Teni’s should (i) terminate all or part of these General Terms & Conditions and/or Specific Service Terms & Conditions and/or (ii) continuation of these General Terms & Conditions and/or Specific Service Terms & Conditions would cause Modern Sports Singapore to be in breach of any laws or regulatory requirements or guidance to which it is subject, Modern Sports Singapore shall be entitled to terminate these General Terms & Conditions and/or Specific Service Terms & Conditions forthwith without entitling the Customer to receive any compensation in respect of the termination.
7.4 A Party’s right to suspend or terminate the Agreement or any part thereof shall be without prejudice to any other rights or remedies, which the Party may have in law or in equity.
7.5 Any termination or suspension of any Service by Modern Sports Singapore for whatever reasons shall not entitle the Customer to receive any compensation in respect of the termination or suspension.
8.1 All notices, requests, consents, demands and other communications required or permitted to be given or made under or in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions shall be given or made in writing and sent by:-
hand; pre-paid registered mail or courier with recorded delivery;
facsimile transmission; or email, addressed to the intended recipient Party at its address, facsimile number or email address as may be notified to the other Party in writing from time to time.
9.1 Each Party acknowledges that during the course of the performance of these General Terms & Conditions and/or Specific Service Terms & Conditions, it may have access to Confidential Information of the other Party or one of its affiliates, and the Parties acknowledge that they are in a confidential relationship with the other. Confidential Information shall be used by Receiving Party only in performing or receiving the benefit of these General Terms & Conditions and/or Specific Service Terms & Conditions and may not be used for other purposes, except upon such terms as may be agreed upon in writing by the Disclosing Party. The Receiving Party agrees to maintain the confidentiality of the Confidential Information disclosed to it under these General Terms & Conditions and/or Specific Service Terms & Conditions and to use the same degree of care as it uses with regard to its own Confidential Information of similar importance to prevent the disclosure, publication or unauthorised use of the Confidential Information and in any case, no less than reasonable care. Neither Party may duplicate or copy Confidential Information of the other Party other than to the extent necessary for legitimate business use in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions.
9.2 The Receiving Party shall not be liable for the disclosure or use of Confidential Information if the same:
is in or enters the public domain, other than by breach of these General Terms & Conditions and/ or Specific Service Terms & Conditions; or
is known to the Receiving Party on a non-confidential basis prior to disclosure pursuant to these General Terms & Conditions and/or Specific Service Terms & Conditions; or
is or has been lawfully disclosed to the Receiving Party by a third party without an obligation of confidentiality; or
is required to be disclosed pursuant to any applicable laws, rules or regulations or direction of statutory or regulatory authority or stock exchange or order of a relevant court of law.
9.3 The Customer may, by any form of writing give its consent or authority to Modern Sports Singapore collection, use, disclosure and/or retention of Customer Information for any purpose(s) requested by Modern Sports Singapore.
10. Dispute Resolution
10.1 If a dispute arises out of or in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions, either Party may, by notice, require the other Party to seek to resolve the dispute by negotiation in good faith.
10.2 Notwithstanding Clause 10.1, nothing in these General Terms & Conditions and/or Specific Service Terms & Conditions shall prevent a Party, with the consent of the other Party, from attempting to settle any dispute arising out of these General Terms & Conditions and/or Specific Service Terms & Conditions by the following methods:
mediation conducted in private and in accordance with the rules of the Singapore Mediation Centre, with each Party bearing its own costs for participation and halving the costs of engaging the mediator, with any agreement binding the Parties on its terms. Where the parties fail to reach agreement under this Clause, the dispute may be referred to the arbitration process under Clause 12.2(b) below; and/or
arbitration, conducted in private and in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC”) with each Party bearing its own costs for participation and halving the costs of engaging the arbitrator with any agreement binding the Parties on its terms.
10.3 Where the Parties fail to reach agreement on the appointment of a mediator or arbitrator for the purposes of Clause 12.2, the Parties will agree:
in the case of mediation, to refer the dispute by mutual agreement to arbitration; or
in the case of arbitration, to the arbitrator being appointed by the chairperson of SIAC.
11. Force Majeure
11.1 Park N Parcel shall not be liable for any loss or damage arising from its failure to perform any of its obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
12.1 Modern Sports Singapore has the right to assign all or part of its rights and benefits under these General Terms & Conditions and/or Specific Service Terms & Conditions. The Customer may assign all or part of its rights and benefits under these General Terms & Conditions and/or Specific Service Terms & Conditions with the prior consent in writing of Modern Sports Singapore, which consent shall not be unreasonably withheld or delayed.
13.1 Modern Sports Singapore has the right to enter into any sub-contract for the performance of any of its obligations under these General Terms & Conditions and/or Specific Service Terms & Conditions without the prior consent of the Customer, provided always that Modern Sports Singapore shall remain at all times principally responsible to the Customer for its obligations under this these General Terms & Conditions and/or Specific Service Terms & Conditions.
14. Exclusion of Rights of Third Parties
14.1 A person who is not a Party to these General Terms & Conditions and/or Specific Service Terms & Conditions has no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any term of these General Terms & Conditions and/or Specific Service Terms & Conditions.
15. Independent Contractors
15.1 The relationship of the Parties shall be solely that of independent contractors. Nothing in this contract shall be deemed to constitute, create or give effect to or otherwise recognise a joint venture, partnership or formal business entity of any kind, and the rights and obligations of the Parties shall be limited to those expressly set forth herein. Nothing herein contained shall be construed as authorising either Party to act as an agent or representative of the other Party.
16. Entire Agreement
16.1 These General Terms & Conditions and/or the relevant Specific Service Terms & Conditions (as may be amended from time to time) shall constitute the entire understanding between the Parties hereto concerning the provision of the Service and supersedes and replaces any prior agreements and negotiations related to the subject matter herein.
17.1 These General Terms & Conditions and/or Specific Service Terms & Conditions will be automatically amended in accordance with any amendments required by the Authority from time to time, and the Customer shall be bound to observe and comply with these General Terms & Conditions and/or Specific Service Terms & Conditions and any such amendments thereof.
17.2 Modern Sports Singapore reserves the right to amend or supplement these General Terms & Conditions and/or Specific Service Terms & Conditions from time to time, and the Customer shall be bound to observe and comply with the amendment or supplement to these General Terms & Conditions and/or Specific Service Terms & Conditions. .
18.1 If any of the provisions of these General Terms & Conditions and/or Specific Service Terms & Conditions becomes invalid, illegal or unenforceable in any respect under any applicable law:-
the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired; and the Parties shall negotiate in good faith in order to agree upon the terms of a mutually satisfactory provision to be substituted for the invalid, illegal or unenforceable provision which as nearly as possible gives effect to their intentions as expressed herein.
19. Applicable Law and Jurisdiction
19.1 These General Terms & Conditions and/or Specific Service Terms & Conditions shall be subject to and construed in accordance with the laws of the Republic of Singapore.
19.2 Subject to Clause 12, the Parties hereby submit to the exclusive jurisdiction of the courts of Singapore.
19.3 For the avoidance of doubt and without prejudice to Clause 20.1 hereof, it is hereby agreed and understood that these General Terms & Conditions and/or Specific Service Terms & Conditions shall, notwithstanding anything contained herein, be subject to the Postal Services Act (Cap. 237A) including any statutory modification or re-enactment thereof and any rules and regulations made there under and any directions whatsoever which the Authority has given or may give to Modern Sports Singapore or under any provisions of any licence granted by the Authority, where applicable.
20. Information Security
20.1 We will use our best efforts to ensure that all data handled by this website, including your data and information, login process, and all transactions are subject to security measures as mandated by the relevant authorities and compliance standards such as PCI DSS. However, we do not warrant that the information provided in this website is complete, accurate or error-free.
20.2 We retain the right to monitor, screen, censor, or control any activity, content or material appearing on this website, and to investigate any violation or non-compliance with these Terms and Conditions ; and
20.3 We retain the right to do all such acts as may be necessary to ensure the smooth operation of this website and provision of the services offered in this website.
21. Use of this website
21.1 you must not:
attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website;
distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the website for any public or commercial purpose without our written consent; access or use this website in any way that could or is intended to damage or impair the website, or any server or network underlying the website, or interfere with anyone else’s use and enjoyment of the website;
use the website to advertise or perform any commercial solicitation unless with specific written consent of Modern Sports Singapore; and/or upload to your online storage vault (if made available by any of the services offered in this website), any material which is illegal or which could constitute or encourage conduct that would be considered a criminal offence, would violate the rights of any party or which may otherwise give rise to civil liability or violate any law, unlawful, threatening, false, misleading, inflammatory, defamatory, invasive of privacy pornographic, obscene, abusive, discriminating or in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our services or hardware system.
22. Links to the website
22.1 You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out herein will apply to your use of this website by linking to it.
23. Links from this website
24 Delivery & Collection
24.1 The article will be made available for collection (as stated in an e-mail or website notification, being the delivery notice “Delivery Notice”, which will be sent by Modern Sports Singapore to the Customer) for a period of five (5) calendar days from the date of the Delivery Notice. If the Customer fails to collect the article within the period stipulated, or such other period as may be stipulated in the Delivery Notice, the article stored for another fourteen(14) working days. Should the Customer fail to collect the article within the said period, Modern Sports Singapore may, at its sole discretion, and without notice and without liability to the Customer or any other party, (i) dispose of the article in any manner Modern Sports Singapore deems fit;. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, administrative fees, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken and shall ensure prompt payment of all such fees.
24.2 Modern Sports Singapore reserves the right to review, amend or remove the list of users/agents from time to time and make changes thereof without any or prior notice to Customers and/or any third party.
24.3 The Customer acknowledges and agrees that, where applicable, the customs authorities of Singapore or any other country has the right to detain any article for whatsoever reason they deem appropriate, and that Modern Sports Singapore is not liable for any consequences of such delay.
25 Late Collections
25.1 If the parcel is collected after 5 calendar days but within the given another fourteen days, the user has to pay late charges of $0.50 per day, up to a maximum of $7.00. 28.2 .The parcel will only be given to the user only after the late payment has been collected from the user to the parker.