(Last Updated: 29 May 2020)
1.1 Except to the extent that the context otherwise requires, the following terms shall have the meanings set forth below:
“Article” means each separate item carried or moved by Spaceship. When two or more items are packed together in one carton or bundled together, such carton shall count as one Article;
“Business Day” means a day, other than a Saturday, Sunday, or gazetted public holiday in Singapore;
“Company”, “Spaceship”, “our”, means Astore Pte. Ltd., a Singapore incorporated company (Registration No. 201427949H);
“Logistics Service” means the logistic services provided by Spaceship or Spaceship’s Representative and includes but not limited to, professional moving, manpower labour, items transportation, collections and deliveries;
“Parties” mean Spaceship, Spaceship’s Representatives, and the User collectively and each a “Party”;
“Plan Fee”, “Plan Fees”, “Subscription Fees” means the recurring fees payable by the User to Spaceship for the use of Spaceship’s Storage Service;
“Plan”, “Subscription Plan” means Spaceship’s storage recurring plans that the User subscribes to use Spaceship’s storage service;
“Premise” means the address of the User where Spaceship performs the Logistics Service;
“Storage Facility” or “Storage Facilities” mean the Storage Facility or Storage Facilities where the User’s items are stored;
“Prohibited Items” means items that are prohibited as ascribed in Clause 3.4;
“Spaceship Representatives” means Spaceship, Spaceship’s directors, Spaceship’s employees, agents, sub-contractors and partners;
“Spaceship Services” means the services provided by Spaceship including the Storage Service and the Logistics Service;
“Storage Service” means the service as ascribed in Clause 2;
“Term” means the minimum commitment period that the User is required to subscribe to Spaceship’s Service;
“Termination Date” means the end date of the Agreement, resulting in the User being no longer subscribed to Spaceship’s Storage Service;
“Termination Advance Notice” means the period of advance notice for the User to notify Spaceship to terminate the Agreement as stipulated;
“User”, “you”, “your” means the person or company contracting with Spaceship to use Spaceship’s Services.
2. THE STORAGE SERVICE
2.2 Spaceship offers a number of Subscription Plans for Storage Services with different conditions and limitations. Subject to the Agreement and the type of Plan the User subscribes to, Spaceship Storage Services include:
a. Provision of space in a shared Storage Facility for the User to store items in an ambient or temperature-controlled environment.
b. Logistics Service, which includes a professional moving service, items transportation and manpower labour to move, load and unload the User’s items into and out of the Storage Facility within Singapore.
c. Itemised inventory on an article basis of the User’s items moved for tracking and recording of the User’s items.
3. STORAGE FACILITY AND STORED ITEMS
3.1 The User’s items shall be stored in an ambient environment in a Storage Facility, unless otherwise stated in the Agreement. Spaceship shall at its sole discretion, determine the Storage Facility that the User’s items shall be stored at, and the location of the User’s items within the Storage Facility. The User’s items may be stored at different Storage Facilities depending on the timing of receiving and/or delivering of the User’s items, or the availability of space in our Storage Facilities. In addition, within a Storage Facility, the User’s items may be grouped and stored separately at Spaceship’s sole discretion. Spaceship reserves the right to relocate the User’s items within the Storage Facility, and to other Storage Facilities without any notice and approval from the User.
3.2 The User acknowledges and agrees that the Storage Facility is non-accessible as it is a secured facility and not open for public access. Upon the arrival of the User’s items at the Storage Facility, the User’s items will be unavailable for inspection or for pickup by the User. In certain circumstances, Spaceship, at its sole discretion, may grant the User access to inspect the User’s items at a designated holding area in the Storage Facility. Additional handling fees to move items out of the storage location to the holding area, and to move the User’s items back into storage shall apply.
3.3 To ensure the safety of your items from damages and for the safety of Spaceship personnel, the type of storage bins and/or the way your items are packed, wrapped and/or stacked for storage will be at Spaceship’s full discretion. Items may be stacked on top of each other to reduce the amount of space used, however, with the following stacking height limitations:
a. For general household/office items, up to 1.8 metres;
b. For retail & merchandise stored on pallets, up to 1.6 metres;
c. For retail & merchandise stored on shelves, up to 1.8 metres;
d. For corporate documents, up to 1.6 metres;
e. For other items, up to 1.6 metres.
3.4 Spaceship prohibits the storage of the following items:
a. Drugs or drug paraphernalia;
b. Firearms, explosives, flammables (including alcohol), and any hazardous items;
c. High-value items including antiques, paintings, jewellery, watches, valuable and important documents, currency, cash, credit/debit card, stored value cards, certificates, passports, travel documents;
d. Living things and perishable items;
e. Stolen or illegal items.
3.5 The User acknowledges to have full knowledge of the User’s items stored with Spaceship. Spaceship does not and will not be deemed to have any knowledge of the User’s items and is not a bailee of the User’s items. Spaceship reserves the right, without approval from the User, to inspect the User’s items, by giving 5 (five) Business Days written notice to the User. In the event of an emergency whereby property, the environment, or human life is, in the absolute opinion of Spaceship, is deemed to be threatened, Spaceship may at any time, inspect the User’s items without prior approval or notice. The method of inspection includes opening up the User’s cartons, containers, bags, or any packaging method to inspect the contents within.
3.6 Spaceship shall track the User’s stored items either electronically or manually depending on the inventory method as stipulated in the Agreement. Spaceship may label and/or physically mark the User’s stored items according to Spaceship’s internal procedures to identify the User’s items even if the User’s stored items have already been labelled or marked by the User. Additional fees in accordance to the Agreement shall apply for handling inbound items at Spaceship’s Storage Facility.
4. THE MOVING TO STORAGE AND STORAGE RETURN SERVICE
4.1 Spaceship’s Logistic Service, unless otherwise stated in the Agreement, includes the provision of vehicle or vehicles and manpower labour to move the User’s items to the Storage Facility and to return the User’s items from the Storage Facility to the User. This will be in accordance to the pricing schedule in the Agreement.
4.2 Unless otherwise stated in the Agreement, the User agrees to solely engage Spaceship’s Logistics Services for moving the User’s items into and out of the Storage Facilities. The User shall not be allowed to arrange for their own third-party transport or delivery provider, or send or pick up any of the User’s items directly from Spaceship’s Storage Facilities.
4.3 From time to time and depending on the type of Logistics Services to be performed by Spaceship, Spaceship may engage third-party agents and/or sub-contractors to provide transportation, delivery and labour services on behalf of Spaceship. In the event that Spaceship engages third-party agents and/or sub-contractors, the terms in this Agreement shall continue to apply.
4.4 The User may request for additional services including but not limited to packing of items into cartons, disassembly / assembly of items, extra protective wrapping of items and disposal of items for additional fees. If such requests were not made prior to the confirmation of the User’s order, subject to the availability of Spaceship’s manpower and materials, Spaceship may, at its sole discretion, choose to proceed with or reject the provision of additional services.
4.5 Spaceship reserves the right to reject the handling, moving, transportation of any of the User’s items at its sole discretion and without explanation, when Spaceship determines that:
a. The risk of damages or losses to the User’s items or the Premise are high;
b. There is a safety risk to carry out the Logistics Service;
c. Information provided by the User in relation to the Premise or the Items to be moved is inaccurate or incomplete;
d. Spaceship does not have the necessary manpower, vehicles, materials or equipment to provide the Logistics Service or to handle, move and store any item.
4.6 Bookings of the Logistic Service is subject to the availability of Spaceship’s resources. A booking is only confirmed upon the receipt of the full amount of the initial payment required and Spaceship sends a confirmation of the booking. Bookings are at best, an estimate. Actual arrival time and completion times may vary due to unforeseen circumstances such as bad weather, heavy traffic, delays in preceding jobs, shortage of labour, vehicle conditions, and unanticipated longer than expected time required to complete the Logistics Service. The User acknowledges and agrees that Spaceship shall reserve the right to make any changes to the date and timings of the Logistics Services without any compensation.
4.7 In the event where the User’s Premise may have certain access limitations and/or require special arrangements, additional fees shall apply in accordance to the prevailing fees for such surcharges. The User agrees to pay for these additional surcharges should Spaceship continue to provide the Logistics Services. Access limitation surcharges include, but are not limited to, the following:
a. Providing the Logistics Service beyond standard operating hours;
b. Poor loading access due to height restrictions, congestion, or the User’s items have to be pushed in excess of 30 metres from the Premise to the location where Spaceship’s vehicle is parked;
c. Parking fees at the Premise;
d. Items that require special handling or weigh in excess of 80 kilograms; and
e. Provision of the moving service at commercial buildings or addresses in special zones including Sentosa, airports, immigration checkpoints, ports, Jurong Island, camps, customs and construction sites.
5. MOVING ITEMS IN/OUT OF THE STORAGE FACILITY
5.1 For Users under Spaceship’s Warehousing Plan or Fulfilment Plan, the User may arrange for third-party transport provides to send items and pick up items from our Storage Facilities. Prior to sending the User’s items to Spaceship’s Storage Facility, the User shall ensure that the items shipped to Spaceship follows Spaceship’s receiving guidelines, and the User shall ensure that:
a. A complete and accurate list of items to be shipped including the item codes, a description of the items and the respective quantities to be received by Spaceship is provided;
b. The inbound shipment shall contain items that are cleaned and packaged;
c. An order is placed on Spaceship’s online platform or via e-mail at least 3 Business Days in advance of the pending inbound shipment and Spaceship confirms the inbound shipment order;
d. The shipping and loading method of the inbound shipment, and any handling activity required to be performed by Spaceship is accurately provided; and
e. Details of the third-party provider including the vehicle type, shipment reference number, load size of the inbound shipment, the estimated date and time interval, and contact details of the third-party provider is provided at least 3 (three) Business Days in advance of the pending inbound shipment;
5.2 Spaceship reserves the right to refuse any non-standard receiving inbound shipments at its sole discretion. If Spaceship agrees to accept the non-standard receiving inbound shipment, additional fees shall apply in accordance with the Agreement. Examples of non-standard receiving inbound shipments include, but are not limited to; (i) unlabelled or non-compliant labelled items; (ii) damaged cartons or items; (iii) mixed receiving that requires additional sorting; (iv) unexpected receiving; (v) receiving that is not cleared of taxes, duties, and any third-party charges.
6. STORAGE FEES AND SERVICE FEES
6.2 The User acknowledges that quotations provided by Spaceship, or any recommendations by Spaceship to the User on the appropriate Plans, the size of storage space required, and/or Logistics Service fees are based on estimates only. The final storage fee, services fees and surcharges may vary.
6.3 Spaceship’s Storage Service are based on a recurring subscription basis. The User agrees to a recurring payment billing cycle which shall continue for the entire duration of this Agreement and shall automatically renew for additional subsequent periods unless and until the Agreement is terminated by the User and/or by Spaceship.
6.4 Monthly plan fees are based on the storage space occupied by the User’s items at Spaceship’s Storage Facilities, rounded up to the nearest whole unit of measure. The unit of measure to determine the space used is based on the unit of measure stated in the Agreement. Spaceship’s storage plans include a minimum commitment size of storage space. If the actual storage space used is less than the fixed size or the minimum commitment size, the User shall still be required to pay the monthly Plan Fee in accordance to the Agreement. If the storage space used by the User exceeds the minimum commitment size, the User shall pay Spaceship for the excess space usage in accordance to the fees stated in the Agreement.
6.5 Unless otherwise stated, the billing cycle for the monthly Plan Fees starts on the first day the User’s items arrive at our Storage Facility. The billing cycle shall recur on a rolling monthly cycle or on a calendar month basis. The User shall be billed the monthly Plan Fee on the first day of each billing cycle based on the previous billing cycle’s storage space used. If Spaceship receives additional items from the User during a billing cycle, Spaceship shall recalculate the storage space occupied by the User’s items and bill the User for any excess storage space usage based on the day the additional items arrive at Spaceship’s Storage Facility on a pro-rated billing cycle basis. For the avoidance of doubt, there will be no pro-rated refunds if the User reduces the amount of storage space used during a billing cycle.
6.6 In the event that the amount of storage space occupied by the User’s items decreases, Spaceship shall continue to bill the User without any reductions to the monthly Plan Fee plus any previously charged additional usage fees unless the User submits a request for a review of usage of space via e-mail. Upon confirmation from Spaceship, if the space usage decreases, save for the minimum commitment size, Spaceship shall adjust the usage space and storage fees in the User’s next billing cycle. For the avoidance of doubt, there will be no refunds to the amount billed for the current or previous billing cycle.
6.7 The User may request for plan downgrades during this Agreement by sending in a request for a Plan downgrade via e-mail to Spaceship, provided the User has completed the Term as stated in the Agreement. Upon receiving the User’s request, subject to the approval and confirmation from Spaceship, Spaceship shall make changes to the User’s Plan in the next billing cycle. There will be no refunds, whether full or pro-rated, to the amount billed for the current billing cycle.
6.8 For the provision of Logistics Services, payment of the full amount of the initial payment fee is required prior to Spaceship confirming the Logistics Services, unless otherwise stated in the Agreement. If Spaceship does not receive full payment within 3 (three) Business Days of performing the Logistics Service, the User’s order shall be deemed to have been cancelled, and Spaceship shall not be required to perform the Logistics Service. Any cancellation fees, where applicable, shall apply in accordance to the Agreement.
7. SECURITY DEPOSIT
7.1 The User shall maintain, with Spaceship, a Security Deposit equivalent to two (2) months of the User’s monthly Plan Fee, unless otherwise stated in the Agreement. The Security Deposit shall:
a. Act as security for the due observance and performance by the User of each and every term, covenant, condition, stipulation and obligation on the part of the User under this Subscription Agreement, and
b. Be used to secure and/or indemnify Spaceship against (i) any loss or damages resulting from any default by the User under this Subscription Agreement and/or (ii) any claims by Spaceship at any times against the User in relation to any matter arising out of or in connection with Spaceship’s Storage Facilities, whether or not this Agreement is existing.
7.2 In addition to, and without prejudice to the rights of Spaceship at law, in equity, or under this Agreement, if the User shall at any time fail to observe or perform any of the terms, covenants, stipulations and obligations on the part of the User under this Agreement, or if the User is liable under any indemnity of this Agreement, Spaceship, may at its sole and absolute discretion, appropriate and apply all or any part of the User’s Security Deposit held by Spaceship towards payment in respect of such failure or liability, including payment for all and any outstanding monies, interests, reimbursements due, or to compensate for any loss or damage, or provide any contingent liability under this Agreement. Any appropriation of the User’s Security Deposit by Spaceship shall not be deemed to be a waiver by Spaceship of any non-payment, non-performance, or liability on the part of the User and shall not preclude the User from exercising any of its other rights and obligations in this Agreement.
7.3 In the event that Spaceship appropriates or applies the User’s Security Deposit in accordance with Clause 7.2, the User shall immediately pay Spaceship an amount sufficient to restore the Security Deposit to the amount prior to such appropriation or application.
7.4 The Security Deposit shall be refunded to the User without interest after the termination of the Subscription Agreement within sixty (60) calendar days from the Termination Date provided that the User has:
a. Duly performed and observed all covenants, conditions, stipulations and obligations under this Agreement;
b. Fully paid all outstanding monies due to Spaceship; and
c. The User has submitted a written request with the forwarding bank details for the return of the Security Deposit. If the User fails to request for the refund of the Security Deposit within 365 (three hundred and sixty five) calendar days after the Termination Date, the Security Deposit shall be deemed forfeited and Spaceship shall no longer be required to refund the Security Deposit to the User.
7.5 The User agrees that the Security Deposit shall not be deemed to be payment of the monthly Plan Fees and/or any other recurring and/or one-time fees for the provision of any of the Company’s Services.
7.6 If Spaceship, at any time during this Agreement, determines that the User’s payment credit rating is unsatisfactory, the Company may increase the amount of the Security Deposit payable by the User under this Agreement by notice in writing. Upon receiving such notice, the User shall immediately pay to Spaceship an amount sufficient to increase the Security Deposit held by Spaceship to the full amount of the Security Deposit stipulated by Spaceship in the said notice.
8. DISCOUNTS PROMOTIONS AND OFFERS
8.1 Spaceship reserve the right to terminate, withdraw, shorten, extend, vary, modify, delete or otherwise revise any of the terms of discounts, promotion and offers at its sole discretion without written notice or approval from the User.
9.1 The User shall be required to pay the Security Deposit, advance Plan Fee and any other recurring fees or one-time fees including setup fees, service fees and admin fees as stipulated in the online order or Quotation, within five (5) Business Days of the confirmation of the order or five (5) Business Days before the Subscription Start Date, whichever is earlier.
9.2 The User shall make payment for the fees and charges via cheque, bank transfer, or direct credit card deductions. Spaceship shall reserve the right to decide on the type of payment methods accepted and to terminate and/or amend any existing payment method or recurring payment arrangements at any time.
9.3 For payment via credit card or direct GIRO deductions, the User authorizes Spaceship and any third-party payment processing facilities that Spaceship uses to charge the User via the User’s selected payment method for any amounts due to Spaceship and consents to the disclosure of the User’s payment information to such a third-party. The User acknowledges that the amount billed may vary for reasons including but not limited to changes to promotional offers, changes to the Plan, changes to space usage, changes to prices and changes to applicable taxes. The User agrees that the amount of recurring charges and/or one-time fees may change, and agrees to allow Spaceship and any third-party payment processing facilities to charge the User via the User’s selected payment method for such amounts due to Spaceship without any approval from the User.
9.4 If any fees or charges are not fully paid by the due date, the User shall pay a late payment admin fee of SGD 30.00 per invoice. Additionally, the User shall pay a monthly late payment interest fee of 3% of the total amount overdue. Spaceship reserves the right to deny the User access to the User’s items and/or provide any other Services to the User unless full payment of the amount overdue is received and verified by Spaceship.
9.5 If full payment of the fees and/or charges is not made after five (5) Business Days of the due date, and if Spaceship is in possession or in custody of the User’s items at Spaceship’s Storage Facilities, the User irrevocably agrees to grant Spaceship a lien on all of the User’s items in Spaceship’s Storage Facilities. Spaceship shall continue to charge the monthly Plan Fee and all other expenses at the prevailing rates whilst maintaining lien on the User’s items. The User acknowledges that Spaceship shall not be liable as a bailee for the items and products retained in such an event.
9.6 If full payment of the fees and/or charges is not made after ten (10) Business Days of the due date, the User irrevocably agrees that the full sum payable for the entire Term of the Agreement will become due and payable in full immediately. The User also irrevocably agrees that Spaceship is authorized, without notice, and without approval from the User, to seize, sell, and/or dispose of any of the User’s items in Spaceship’s Storage Facility in accordance with Clause 10.
9.7 All payments due and owed by the User to Spaceship, under no circumstances, shall be free of any restrictions or conditions and without any deduction or withholding whether by way of legal and/or equitable sell-off or otherwise. The User acknowledges and agrees that any claim or dispute does not relieve the User from the obligation to defer payment to Spaceship in part or in full.
9.8 The User acknowledges that Spaceship may engage external debt collection agencies and/or law firms and/or commence legal proceedings to recover all outstanding amounts due to Spaceship. The User agrees to indemnify the Company for all costs, expenses, fees and reimbursements for such recovery.
9.9 In the event of outstanding payments or partial payments, when the Company receives funds from the User, each payment and subsequent payment shall be applied to the oldest outstanding amount due first.
10. RIGHT TO WITHHOLD, SELL, DISPOSE
10.1 The User acknowledges and agrees that Spaceship shall be authorized without notice, and without approval from the User to seize, sell, and/or dispose of any of the User’s items in the Storage Facility under the following conditions:
a. The Customer has not made full payment of any fees and/or charges in accordance to Clause 9.6;
b. The User’s Agreement is terminated in accordance with Clause 11, and the User fails to make arrangements for the return delivery of the User’s Items within 30 (thirty) calendar days of the last billing cycle prior to the termination of the Agreement.
10.2 Spaceship shall inform the User within 30 (thirty) calendar days, requiring the User to arrange for a return delivery, or re-delivery of the User’s Items. If the User fails to have the User’s items completely removed from Spaceship’s Storage Facility after the 30 day notice period, Spaceship may dispose and/or sell some or all of the User’s items by sale or otherwise. The User shall be responsible for all transport, storage charges, selling charges, disposal charges and other associated costs reasonably incurred by Spaceship while their items are being withheld or disposed of.
10.3 Spaceship’s, without any explanation, shall have the sole discretion to determine the sale prices of the User’s Items. If Spaceship determines that the User’s Items cannot be sold for a reasonable price or at all for whatsoever reason(s), or despite Spaceship’s reasonable efforts, the User’s Items remain unsold, the User agrees that Spaceship, without any approval required from the User, shall treat the User’s items as abandoned and to destroy or otherwise dispose of the User’s items. The User shall be responsible for all costs incurred by Spaceship in the disposal or sale of items, including a Spaceship’s administrative sale or disposal fee of SGD 150.00.
10.4 Spaceship shall then apply any proceeds from the sale in or towards payment of the amount due to the Company, including any late payment fees, and fees associated with the sale and/or disposal of the items. Any surplus proceeds in excess of all the amounts due to Spaceship shall be returned to the User upon the User’s request, provided that such request was made no more than ninety (90) calendar days after the date the User’s items were seized, sold and/or disposed.
11.1 Each Party can terminate this Agreement after completing the Term by providing written notice in accordance with the Termination Advance Notice as stipulated in this Agreement.
11.2 Without prejudice to the rights of Spaceship at law and in equity, in the event the User purports to terminate this Agreement for any reason prior to the expiry of the Term; (i) Spaceship shall be entitled to receive from the User forthwith in one lump sum, the amount equivalent to the aggregate Plan Fee and any other recurring fees that are part of the entire Term, for the whole entire Term plus any discounts on the Plan Fee and other recurring fees provided by Spaceship to the User, (ii) the User shall refund Spaceship any discounts or commissions paid by Spaceship to any third-party sales broker, agent (if any), on a pro-rated basis, for the unexpired Term, and (iii) any other fees that Spaceship may incur due to this breach of this Agreement by the User, at the time of the purported termination of the Agreement by the User. Nothing herein, shall be construed to impose or imply any obligation on Spaceship to accept the User’s purported termination of this Agreement.
11.3 Prior to the Termination Date, the User shall ensure that all stored items are fully removed from Spaceship’s Storage Facility by promptly arranging for a return delivery of all of the User’s Items. In the event that the User continues to have items stored at Spaceship’s Storage Facility after the Termination Date, the User shall be deemed to be still using Spaceship’s storage services and shall be required to pay the entire Plan Fee and excess usage fee of a full billing cycle, until all of the User’s items are fully removed from the Storage Facility. Such recurring fees shall not be pro-rated for even if the excess period of using Spaceship’s storage service is less than the one full billing cycle, and the other provisions of this Agreement shall continue to apply.
11.4 Spaceship may terminate this Agreement and stop the provision of any of Spaceship services by giving the User sixty (60) calendar days’ written notice without compensation where:
a. Spaceship is no longer able to provide the User with the Storage Service at the existing Storage Facility where the User’s items are stored;
b. Spaceship’s ceases to operate;
c. Spaceship, in its absolute sole discretion, deems fit to do so.
11.5 Spaceship may terminate this Agreement immediately without compensation in the event that:
a. The User has been suspected to be involved in any immoral, unethical, illegal or fraudulent business practice;
b. The User breaches any material provision of this Agreement that is not capable of remedy;
c. The User fails to pay any amount due under this Agreement within twenty (20) calendar days after the due date;
d. The User becomes insolvent, goes into liquidation, or becomes unable to pay debts as they fall due; or
e. The User fails to make payment of the Security Deposit and the Initial Payment within five (5) Business Days of signing the Agreement.
11.6 If the Agreement is terminated by Spaceship in accordance to Clause 11.5, the full sum payable by the User for the balance of the Term, if any, shall become due and payable in full immediately and arrange for all of the User’s items to be removed from the Storage Facility, in accordance to Clause 11.2 and Clause 11.3.
11.7 If Spaceship terminates this Agreement under any of the provisions in this Agreement:
a. Such termination does not prejudice the rights of Spaceship against the User for any previous default by the User arising out of or in connection with this Agreement.
b. The Company is not liable for any inconvenience, loss, damage, cost, expense, or compensation in connection with such termination.
12. OPERATING HOURS
12.1 Spaceship’s standard operating hours are from 10am to 6pm from Monday to Friday, and 10am to 1pm on Saturday, excluding public holidays. Where the Logistics Services provided is not completed within the standard operating hours, Spaceship may on the request of the User, continue to perform the Logistics Services beyond the normal operating hours for an additional fee.
13. USER RESPONSIBILITIES
13.1 When signing up with Spaceship, the User shall ensure that complete and accurate information such as contact details (e-mail, telephone numbers), legal name, company name and company registration number is provided. The User shall be responsible for updating Spaceship in writing and/or via e-mail for any changes in contact details and/or addresses.
13.2 When engaging Spaceship’s Logistics Services, the User shall:
a. Ensure that complete and accurate contact details, address of the Premise and access details, and details of items to be moved are provided;
b. Ensure that Spaceship and/or Spaceship’s Representatives have reasonable access and parking facilities at the Premises in order to carry out the Logistics Service;
c. Ensure that all necessary permits, security deposits and information required is provided to the relevant parties, unless otherwise stated in the Agreement;
d. Notify Spaceship immediately upon the collection, delivery or return of items to the User or during the Logistics Service, of any damages or losses to the User’s items;
e. Ensure that the User is present during the performance of the Logistics Service and to assist Spaceship in the inventorying of the items to be collected, moved, returned or delivered.
13.3 The User shall abide by any storage rules and/or moving rules, whether existing, added, or amended, at all times.
13.4 The User shall ensure that the User’s payment details are up to date and that there are sufficient funds for auto deductions. The User is responsible for notifying Spaceship of any changes to the User’s payment method, including sending in requests to update any expiring credit/debit cards.
13.5 The User acknowledges and agrees to pay Spaceship for any delays or cancellation charges if Spaceship fails to complete the Logistics Services if the User fails to ensure the clauses listed in Clause 13.2.
14.1 Spaceship strongly recommends that the User acquire, arrange, and maintain at their own cost and expense, adequate insurance for the User’s items stored at Spaceship’s Storage Facility and/or handled and/or moved during the provision of the Logistics Services. While Spaceship endeavours to handle the User’s items with care, there are always risks of damages or losses to the items and the User’s Premise when items are moved and/or stored.
14.2 Unless otherwise stated in the Agreement, Spaceship’s Storage Service includes a basic protection coverage to cover against damages or losses to the User’s items in storage, or damages or losses to the User’s items and the User’s Premise during the provision of Spaceship’s Logistics Service. The amount covered for damage or loss to items is the lower of the rate of SGD 1.00 per kilogram per Article or the second-hand replacement value of the depreciated value of the Article, up to a maximum amount of SGD 100.00 under the Agreement.
14.3 The User has the option of purchasing additional insurance protection coverage for damages or losses to their items, subject to prior approval from Spaceship. Should the User choose to purchase additional protection coverage, the User shall inform Spaceship at least 10 (ten) Business Days prior to the commencement of Spaceship’s Services. Such additional insurance protection coverage is only confirmed when (i) the User completes and submits the necessary documents to Spaceship (whichever is earlier) at least 10 (ten) Business Days prior to the start of the User’s Term or the commencement of Spaceship’s Logistics Service; and (ii) The User receives confirmation and approval from Spaceship, and the User fully pays the additional premiums in full at least 5 (five) Business Days prior to the start of the User’s Term or the commencement of Spaceship’s Logistics Service.
14.4 Spaceship’s basic protective coverage for transit and/or storage does not cover the following items, unless otherwise stated in the Agreement:
a. Personal effects, shoes, bags, clothing;
b. High value items and/or fragile items including works of Art, paintings, mirrors, antiques, vases, ornaments, money, jewellery, laptops, electronic devices;
c. Fragile items including but not limited to items made of glass, porcelain, china, flat packed furniture or furniture made of compressed wood;
d. Musical instruments and medical instruments;
e. Derangement of electrical electronic and mechanical equipment;
f. Items packed into cartons, or containers, or boxes by the User;
g. Rust, oxidation discoloration, mould and scratching, bending, denting, chipping;
h. Items where the User chooses not to purchase extra protective wrapping; and
i. All prohibited items listed under Clause 3.4.
14.5 Should there be any loss or damages to the User’s items or Premise, the User shall notify Spaceship with detailed information on the loss or damage of any applicable item or to the Premise within the following time limits, after which the insurance protection coverage shall no longer be available:
a. Within 5 Business Days of the completion of Spaceship’s Logistics Service for User’s items damaged or lost;
b. Within the same day Spaceship’s Logistics Service was performed for any damages to the User’s Premise.
15. LIMITATION OF LIABILITY
15.1 Spaceship does not know the value of the User’s items, therefore Spaceship limits its liability to the actual damages through its basic insurance protective coverage policy as detailed in Clause 14. The amount of risk Spaceship accepts under this condition is reflected in the price of our Storage and Logistics Services. In no case whatsoever, shall any liability of Spaceship, howsoever arising, and not withstanding any lack of explanation, exceed amount in Clause 14.2.
15.2 Spaceship and Spaceship’s Representatives shall in no circumstances be liable for:
a. Any loss or damage caused by any event of force majeure, fire, flood, rain, explosion, theft, acts done by malicious intent by any person, or any other event outside the control of Spaceship;
b. Any loss or damage caused whilst the User’s items are in the care and control of the User;
c. Any loss or damage caused by the User or other acts or omission where the User’s items have been packed, unpacked improperly packed, secured, marked, or addressed by the User or any other party that is not Spaceship or Spaceship’s Representatives;
d. Loss or damage caused by atmospheric conditions including but not limited to contamination by smell, or odour, dampness, mould, mildew, rusting, tarnishing, corrosion, gradual deterioration;
e. Loss, damage, or delay caused by events including but not limited to, acts of God, bad weather, heavy traffic, delays in preceding jobs, shortage of labour, vehicle conditions, and unanticipated longer than expected time required to perform Spaceship’s Services;
f. Loss or damage to any intangible property, and/or documents or data, whether in hardcopy or stored on electronic devices, or any reconstruction or reinstatement or such data; and
g. Any direct, indirect or consequential loss or damage, howsoever caused, and of whatever nature, including but not limited to any loss or damage to any internal parts of any object.
15.3 To the maximum extent permitted by applicable law, in no event, and under no legal theory, shall Spaceship, its directors, employees, suppliers or representatives be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, spaceship’s services.
15.4 To the maximum extent permitted by applicable law, the aggregate cumulative liability for spaceship, whether in contract or tort (including negligence), statutory liabilities or otherwise arising out of or in connection with the agreement or the provision of Spaceship’s storage or logistics service, shall not exceed SGD 100.00 per logistics service order in relation to Spaceship’s Logistics Services and shall not exceed the lower of the monthly average of the last 3 months of the User’s monthly plan fee or SGD 300.00 for spaceship’s Storage Services.
15.5 In the event that Spaceship ceases operations, Spaceship shall attempt to make reasonable efforts to return the User’s items to a location within Singapore, but cannot guarantee if and when such returns will occur by. Spaceship shall not be liable for any failure to return the User’s items in the event of a cessation of Spaceship’s business.
16.1 The use of Spaceship’s Storage Service and Logistics Service is at the risk of the User. To the maximum extent permitted by applicable law, the User releases Spaceship and its Representatives from all claims and demands of every kind in respect of or resulting from anything that occurs in the Storage Facility or when Spaceship is performing the Logistics Services, including any accident, breakage, leakage, damage or injury suffered by the User or its representatives whether to or in respect of the person, property or business.
16.2 The User shall indemnify and keep indemnified, and hold Spaceship and its Representatives harmless from and against all claims, demands, writs, summons, actions, suits, proceedings, judgements, orders, decrees, damages, losses, and expense of any nature whatsoever which the User may suffer or incur in connection with this Agreement including losses or damages arising directly or indirectly from:
a. The condition of or any occurrence within and in the common areas of the Premise or the Storage Facility for the loss of life, personal injury and/or damage or loss of the property;
b. Any breaches by the User in complying with the provisions of this Agreement;
c. Any liability of Spaceship to any third-party whose item or property is handled, moved, disposed of by Spaceship during the provision of Spaceship’s Services or under Clause 10 under, including the mistaken belief (which shall be presumed unless the contrary is provided), that such items belong to the User;
d. Any loss or damage caused by the corruption of data or any loss of information from hardware, software, mechanical or online sources.
17. RIGHTS TO ASSIGN
17.1 The User shall not assign, sublet, underlet, license, transfer, dispose or otherwise share or part with possession or use of Spaceship’s Storage Service, or any other rights, benefits and obligations to any third-party or hold them on trust for any such party under this Agreement without the written approval of Spaceship.
17.2 Spaceship is entitled to transfer (either by way of assignment or novation) all of its rights and interests under this Agreement. The User hereby expressly acknowledges and undertakes to Spaceship that where Spaceship transfers its rights and interests in, under or arising out of this Agreement (including the transfer of the Security Deposit), the User shall be deemed to have consented to such transfer and shall accept any transferee of Spaceship as its new service provider and shall release Spaceship from all of its obligations under the provisions of this Service Agreement, and in particular, the obligation of Spaceship to refund the Security Deposit and any other sums pursuant to the terms of the Subscription Agreement. Upon such a transfer, Spaceship shall notify the User by written notice thirty (30) calendar days in advance and the User is treated to have consented to such a transfer and accepts the new transferee as the User’s new service provider. The User shall immediately release Spaceship from all obligations under this Service Agreement, upon the transfer of the Security Deposit to Spaceship’s transferee. The User shall then become a party to and sign any agreement with the Company and the provisions of this Agreement shall continue to apply.
18. REPRESENTATION AND WARRANTY
18.1 The User represents and warrants that:
a. The User has full power and authority to enter into, exercise its rights and perform and comply with its obligations under this Agreement, and all transactions relating to this Agreement constitutes legally binding and enforceable obligations on its part;
b. The User has taken all actions and fulfilled all conditions (including obtaining any necessary consents, licenses or making any regulatory filings or registrations) to enable the User to lawfully enter into, exercise its rights and perform and comply with its obligations under this Agreement and all transactions relating to the same;
c. The User’s entry into, exercise of its rights and/or performance of or compliance with its obligations under this Agreement, and all transactions relating to the same do not and will not violate, or exceed any power or restriction granted or imposed by (i) any applicable law or any directive or order (whether or not having the force of the law) to which it is subject; (ii) the memorandum and articles and constitutive documents (where applicable); or (iii) any agreement to which it is a party or which is binding on it; or (iv) any order, judgement or decree of any court or any governmental department or the authorities.
18.2 The User warrants that the User is not in competition, whether directly or indirectly, with the existing business of Spaceship.
18.3 The User is deemed to have knowledge of the items at Spaceship’s Storage Facility and warrants that they are the owner of the items in the Storage Facility and/or are entitled at law to deal with the items in accordance with all aspects of this Agreement.
19. COST AND EXPENSES
19.1 The User agrees to pay Spaceship on a full indemnity basis and immediately on demand for all of Spaceship’s costs and expenses incurred in taking any action to rectify any breach of this Agreement by the User; and all of Spaceship’s legal costs and expenses incurred in enforcing any provision of this Agreement in the event of a breach by the User.
20. USE OF PERSONAL DATA
20.1 In using Spaceship’s Services, the User agrees and consents to the Company performing the following:
a. Collect, store, process and share the User’s personal data, which includes but is not limited to personal particulars, account operating history, creditworthiness, and any other relevant information in relation to the User’s use of Spaceship’s Services;
b. Disseminate, disclose and share the User’s personal data to third-parties that provide services or functions for and on behalf of the Company and its representatives;
c. Disseminate, disclose and share the User’s personal data to the relevant government authorities, credit bureaus or third parties for the following purposes including, but not limited to (i) conducting credit and background checks; (ii) receiving updates, news, promotional campaigns, marketing mails or materials; (iii) research and surveys for Spaceship and its Representatives; (iv) transferring or sharing such information to Spaceship’s Representatives, where required to comply with applicable laws and regulations.
21.1 All notices, demands or other communications required or permitted to be given or made under this Agreement shall be in writing and in English and either (i) delivered personally, (ii) sent by pre-paid post (iii) sent via e-mail to the intended recipient at the last provided physical address or e-mail address as provided by either Party.
21.2 Any such notice, demand/or communication shall be deemed to have been duly served if given or made by letter, 24 hours after posting or if made or given to or from an address outside Singapore, 72 hours after posting and, in proving the same, it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted;
21.3 In the event that the User is not contactable, all notices issued by the Company is deemed to be served if Spaceship sends the notice by pre-paid post to the last provided physical address or e-mail address of the User.
22.1 Unless otherwise required by law or regulation, or with either Party’s written approval, both Parties shall not disclose or permit the disclosure of, or use or permit the use of any information, discussions, negotiations and documentation obtained from Spaceship as a result of or in connection with the Agreement’s implementation thereof. This includes, but is not limited to, such information concerning the either Party’s business and affairs, and the services and rates provided hereunder, to any person, firm or corporation, or any other agent.
23. UNENFORCEABILITY AND SEVERANCE
23.1 The illegality, invalidity or unenforceability of any provision in this Agreement under the law of any jurisdiction will not affect the legality, validity or enforceability of that provision under the law of the Country and State in which the Premises is located; or the legality, validity or enforceability of any of the other provisions in this Agreement.
24. CLAUSE HEADINGS
24.1 The section headings and clause headings are for reference and the convenience of the Parties only. These headings do not define, limit or change the meaning, interpretation and scope of any of the clauses.
25. THIRD PARTIES
25.1 A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of the Singapore Statutes, to enforce any of its terms.
26. GOVERNING LAW AND SUBMISSION TO JURISDICTION
26.1 This Agreement shall be governed by and construed according to the laws of Singapore. The Parties agree that the courts of Singapore shall have exclusive jurisdiction over all matters of the Agreement.
27. GOVERNING LAW AND SUBMISSION TO JURISDICTION
27.1 The Parties expressly acknowledge that they have read this Agreement and understood its provisions. The Parties agree that this Agreement constitutes the entire agreement and understanding between the Parties hereto with respect to the subject matter hereof, and supersedes all prior or contemporaneous proposals, agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied), or arrangements entered into between the Parties prior to this Agreement, whatsoever with respect to the subject matter hereof. No promise, inducement, representation or agreement, other than as expressly set forth in this Agreement, has been made to or by the Parties.