Terms and Conditions

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE.

The services offered by Tricore Pte. Ltd. (“Tricore”) at www.Borderclick.com (the “Site”), and any sub-domains, are provided to you under the terms and conditions of this Terms of Service (“Terms of Service”), and any operating rules or policies that may be published by Tricore at Site. The Terms of Service comprises the entire agreement between you and Tricore, and supersedes all prior agreements between the parties regarding the subject matter contained herein.

Borderclick is an online logistics and delivery platform which provides convenient, fast and cost-effective cross border logistics services relating to regional and international consignment of goods whereby the customers can inter alia book and arrange shipment, transportation, delivery of packages through Borderclick with its global network of service agents such as international and national couriers, freight forwarders, third party logistics providers, last mile delivery service providers, supply chain specialists etc.

BY COMPLETING THE REGISTRATION PROCESS, OR USING BORDERCLICK, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. WE, TRICORE RESERVE THE RIGHT TO UPDATE AND AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME.

YOU, HEREBY WARRANT THAT (I) YOU ARE EITHER THE OWNER OF THE CONSIGNMENT OR YOU ARE AUTHORIZED AGENT OF THE OWNER OF THE CONSIGNMENT TO ACCEPT THIS AGREEMENT ON THE OWNER’S BEHALF AND (II) YOU ARE ABOVE 16 YEARS OF AGE OR OLDER, AND IF YOU ARE UNDER THE AGE OF 16, YOU ARE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN.

IF YOU DO NOT AGREE TO OUR TERMS AND CONDITIONS, THEN YOU MUST NOT PROCEED TO PURCHASE ANY OF OUR SERVICES.

If you agree with our terms and conditions, you must tick on the “I confirm my acceptance to the terms and condition” box before you can proceed to place an order with us which these terms and conditions will apply.

The revised terms and conditions will be posted on the Site and shall take effect from the date of such posting.
 

1. Acceptance

1.1 Borderclick contracts the services on behalf of itself to a network of independent service agents such as couriers, carriers, logistics providers or sub-contractors to render its services. Borderclick is not the common carrier and will accept no liability as such.

1.2 Borderclick accepts the job order authorized by you for the consignment for carriage subject solely to the terms and conditions of this Agreement.

1.3 Borderclick does not undertake that the goods shall depart or arrive by any particular date.

1.4 Borderclick, at its own discretion, decides the independent service agents, transport modes and routes as it deems fit or appropriate.

1.5 If you specify to use a service agent, transport mode or route of your choice, Borderclick will provide you subject to availability but additional charges may apply.

1.6 Borderclick reserves the right to refuse the carriage or transport of articles or any class of articles for any particular company, entity or individual at our sole discretion without giving any justification(s), reason(s) or whatsoever for its decision.

1.7 The independent service agents which has been tasked to perform the service may refuse a collection or delivery, if for whatsoever reason(s), believe that it would be in breach of the terms and conditions of this Agreement.

1.8 Borderclick or its appointed service agents will not provide any specialized equipment for loading and unloading unless Borderclick has agreed to do so in advance. If you use your own specialized equipment for loading and unloading, Borderclick will not be liable for any liability or any kind of losses or damages suffered by you during the loading and unloading process. Where such specialized equipment is not available, Borderclick or its appointed service agents may at its own discretion to load and unload and you shall indemnify Borderclick against all losses or damages suffered or incurred as the result of use, or non-use of such specialized equipment.

1.9 Any person(s) representing Borderclick as its service agent is authorized to sign the consignment note(s) on your behalf.

1.10 Borderclick or its appointed service agent reserves the right to open and inspect any items delivered in your name without prior notice to you.

1.11 Any courier, freight or transportation charges will be considered earned or recognized by Borderclick as soon as the goods are loaded for dispatch.

1.12 The price quotation provided by Borderclick in the Quick Quote function is based on estimated shipping cost without any additional costs such as duties and taxes (if any), documentation fee (if any), remote area surcharges (if any), storage charges (if any), oversized dimension charges (if any) and others. At the same time, the price may vary frequently due to market volatility and competitions.

1.13 Borderclick shall have a right of lien on the goods and on any other goods in our possession including any documents relating to the goods under the terms and conditions of this Agreement until all the outstanding fee, charges and other amounts payable by you to us is fully paid.

1.14 Further to the Clause 1.11 above, the lien clause extends the rights for Borderclick to sell all or any of your goods in our possession without giving you any prior notice to recover all the outstanding fee, charges and other amounts payable by you including but not limited to other expenses related to retention fee, storage fee and handling costs as part of the cost of sales. Borderclick shall be entitled to the full recovery of the amount owing by you to us without prejudice to our rights and liability to any person whatsoever.

1.15 Except as otherwise made available to you, where any amount is expressed as a currency other than Singapore Dollars, it shall be converted into Singapore Dollars at its published exchange rate on the due date for payment and paid in Singapore Dollars.

2. Your Responsibilities

2.1 The goods must be securely and correctly packaged with both interior and exterior packing materials suitable for international shipping. Borderclick will not accept any liability for any loss or damages caused by inadequate or insufficient packaging.

2.2 You remain solely responsible for ensuring the packaging is secured and fit for transportation. If Borderclick or its appointed service agent considers the goods are not adequately secured or packed for transportation, Borderclick may refuse to accept the consignment, or terminate the job order at no cost to you.

2.3 In the event if your packages are not taped properly, additional charges may apply for re-taping by our appointed service agent. If the package cannot be re-taped, the packaging will be replaced and additional charge of USD10 per package will apply.

2.4 All packages must comply with the requirements of any applicable laws and regulations of each country which the goods may be carried at your sole responsibility.

2.5 Correct and accurate information must be provided including but not limited to the description of the goods, number of packages, weight (in kg), dimension (in cm), shipper’s full name, address including postal code, contact landline telephone number, mobile phone number and email address and receiver’s full name, address including postal code, contact landline telephone number, mobile phone number and email address.

2.6 Full commercial documentations including but not limited to tax invoices, customs declaration forms, permits or licences must be provided for customs clearances.

2.7 Further to the Clause 2.5 and 2.6 above, failure on your part to provide the necessary information required, BorderClick or its appointed service agent shall be entitled to refuse the collection or delivery of the consignment. In the case of returning the consignment to the collection address, BorderClick will charge the delivery cost plus processing and administration fee of USD50 to you.

2.8 For collection, Borderclick’s appointed service agent shall collect your consignment based on collection date, time and designated address given by you. If the consignment is not available or ready for collection at the time Borderclick’s service agent arrives, a waiting charge of USD20 per hour (minimum charge of 1 hour) plus administration fee of USD10 will be charged to you.

2.9 Declaration of commercial value of your contents for customs duties, excise and tax purposes. Please note that inaccurate or incorrect valuations may lead to penalties that you will be solely responsible to pay.

2.10 All customs duties and charges by the relevant authority must be paid either by you or your recipient before the consignment will be released and delivered. If such payment is not made, your consignment will be disposed of.

2.11 No explosive, inflammable, dangerous, damaging or harmful goods other than the goods specifically disclosed and submitted by you. Please note that failure to make correct and accurate declaration of such contents may be considered a serious offence punishable by law.

2.12 Failure to declare any goods due to negligence or any other whatsoever reason(s) will be considered a breach of contract under this Agreement, and Borderclick shall not be held liable for any loss or damage or failure to deliver the goods including other direct or indirect consequences relating to the carriage, transportation and delivery of your consignment.

2.13 No prohibitive goods or items to or from which the consignment is to be collected or sent. You are responsible to ensure that the contents in your consignment does not contain any prohibited items or goods in the recipient country. If you are in doubt if the item or content is prohibitive or not, please check with BorderClick at www.borderclick.com/contact-us

2.14 If you are an existing account holder with DHL or other service providers, please be advised that we will not be able to serve you in case of any conflict of interest. If you want to use Borderclick, please be advised to stop or discontinue your account with the service provider(s) concerned.

3. Security

3.1 You are solely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.

3.2 You may change your password or any other account information at any time by going to your "Dashboard > Profile" page once you have logged in.

3.3 You agree to immediately inform us within 5 days if you suspect that your account and/or any identifier number allocated by Tricore has been compromised in any manner such as unauthorized use of your account, password and/ or any identifier number allocated by Tricore.

3.4 We are authorized to act on all instructions received using your Borderclick Username, Borderclick password, and/or any identifier number allocated by Tricore.

3.5 We are not obliged to verify the authenticity of such instructions or transactions made.

3.6 We have the right to monitor, and control any activity, content or material appearing on the Site and to investigate any violation or non-compliance with these terms and conditions.

3.7 You agree to provide certain current, complete, and accurate information about you when prompted to do so by Borderclick.

3.8 You agree to maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or in your “Dashboard > Profile” is inaccurate, Tricore reserves the right to terminate your account immediately and your right to use Borderclick Service.

3.9 Identification documents must be sent to us upon request in the event that your account or transactions show any irregularities, suspicious and/or fraudulent activities. Failure to provide the requested documentation will result in your account, items and/or orders being suspended until the said requested identification document is forwarded for our verification. Borderclick will not be held liable for any delays or damages as a result in this non-compliance.

4. Storage

4.1 Tricore will store packages free of charge for period of 30 days from the date of items received.

4.2 After 30 days, Tricore will charge you a fee of USD10/week per cubic metre block which will have to be paid prior to shipment to you.

4.3 Unclaimed or unselected packages/orders for shipment more than 60 days at our facility will be disposed as we deem fit.

5. Door to Door Solutions to Malaysia and Indonesia

5.1 Borderclick provides all-inclusive door to door solutions to Malaysia and Indonesia or to other designated countries in the region using Singapore as a hub for consolidation services of goods procured by you worldwide.

5.2 Borderclick will arrange the shipment of your goods by air/sea/road depending on most optimized service mode available from Singapore to the designated country.

5.3 Borderclick or its appointed service agent will handle all the importation including Goods and Service Tax (GST) matters as well as for the re-export from Singapore to the designated country.

5.4 Goods re-exported will be cleared from the in-country designated airport/port/checkpoint by our nominated customs clearance agent(s) and will be delivered directly to consignee.

5.5 Delivery times and rates are subject to locations in the designated country.

5.6 Full importation documentation will not be made available to you as Borderclick’s appointed service agent(s) and/or customs clearance agent(s) may declare your goods under their companies or any other 3^rd party companies or individuals for customs clearance purposes.

5.7 Due to the handing over of goods, Borderclick will not be able to provide real time tracking or delivery throughout the delivery process.

5.8 Notwithstanding Clause 10 below, Borderclick shall not be held liable for any unexpected delay beyond its reasonable controls for customs clearance at the in-country designated airport/port/checkpoint.

6. Termination

6.1 Tricore may terminate your Borderclick Account or your use of Borderclick Service with or without cause at any time and effective immediately, at Tricore’s sole discretion, should your conduct fail to conform to the terms and conditions of these Terms of Service.

6.2 Tricore shall not be liable to you or any third party for termination of BorderClick Account or termination of your use of Borderclick Service.

6.3 After cancellation or termination of your Borderclick Account, Tricore reserves the right to (i) charge you standard rates for packages that still arrive under your name, or (ii) return the items to sender or (iii) destroy or dispose them.

6.4 You may cancel your Borderclick Account by giving us 10 days’ prior notice in writing.

6.5 Your cancellation shall not release you from any liabilities or responsibilities which have accrued prior to the date of termination, including but not limited to your obligation to pay any outstanding charges.

7. Privacy

7.1 We do not sell, rent or disclose your personal information to third parties for their marketing purposes without your explicit consent.

7.2 Your information is being processed and stored in servers in Singapore that has infrastructure as well as system security protection.

8. Shipping Fees

8.1 Borderclick Shipping charges are found on Quick Quote.

8.2 Shipping charges for Delivered Duties Unpaid (DDU) and Delivered Duties Paid (DDP) will be sent to you via email, SMS and posted on your account’s notification board.

8.3 Borderclick shall have the right to review the shipping charges from time to time and make changes thereof without any or prior notice to you.

8.4 A processing and administration fee of USD50 will be charged for returning the products back to the merchants. This fee is excluding any delivery fee.

9. Force Majeure

9.1 In case of a Force Majeure Event, Borderclick’s failure to perform its obligation shall not constitute a breach or default under this Agreement. Generally, a Force Majeure Event is defined as acts, events, omissions or accidents beyond its reasonable control, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transportation network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, adverse weather conditions or default of its service agents.

9.2 Borderclick will notify you once the Force Majeure Event has ended and it can perform its obligations under this Agreement. If the Force Majeure Event continues for a period of more than thirty (30) days, either party may cancel the job order and terminate this Agreement provided such Force Majeure Event is continuing at the date of termination. In such circumstances, Borderclick shall arrange to return your Consignment to you at the collection point or at the supplier’s address as soon as reasonably practicable and at your sole cost and expense.

10. Limitation of Liability

10.1 YOU AGREE TO INDEMNIFY TRICORE FOR ALL LOSSES, COSTS, DAMAGES AND EXPENSES INCURRED BY EACH OF THEM FOR (I) THE NON-COMPLIANCE WITH ANY LAW OF REGULATIONS OF ANY COUNTRY BY YOU, (II) THE BREACH OF ANY OF THESE TERMS BY YOU, (III) YOUR USE OF THE BORDERCLICK SERVICES AND (IV) ANY PARTY’S USE OF BORDERCLICK SERVICES USING YOUR BORDERCLICK USERNAME, PASSWORD, REFERENCE NUMBER AND/ OR ANY IDENTIFIER NUMBER ALLOCATED BY TRICORE.

10.2 BORDERCLICK SHALL NOT BE LIABLE FOR ALL INDIRECT, ANCILLARY, LOSS OF PROFITS, BUSINESS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

10.3 BORDERCLICK SHALL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE OF GOODS SEIZED, COMPOUNDED, CONFISCATED, REMOVED BY THE CUSTOMS AUTHORITY OR ANY OTHER GOVERNMENT AGENCIES DURING THE HANDLING AND CLEARANCE OF THE GOODS.

10.4 IN THE EVENT OF LOSS OR DAMAGE TO YOUR GOODS CAUSED BY NEGLIGENCE OR BREACH OF CONTRACT ON OUR PART OUR LIABILITY IS THE DECLARED VALUE OF THE GOODS OR USD30 PER CONSIGNMENT, WHICHEVER IS LOWER.

10.5 WHERE APPLICABLE, YOU CAN REQUEST FOR INSURANCE COVERAGE FOR LOSS AND DAMAGE FOR YOUR CONSIGNMENT, WHICH ENTITLES YOU TO CLAIM FOR THE STATED VALUE IF YOUR ITEMS ARE LOST OR DAMAGED IN TRANSIT. PLEASE TAKE NOTE THAT IF YOU DECLARE A DIFFERENT VALUE IN YOUR AIRWAY BILL, THE CLAIM AMOUNT WILL BE BASED ON THE LOWER OF THE SUM DECLARED ON THE AIRWAY BILL OR THE SUM INSURED. FOR AVOIDANCE OF DOUBT, THE SUM INSURED SHOULD BE THE SAME AS THE AMOUNT DECLARED ON YOUR AIRWAY BILL.

10.6 FURTHER TO CLAUSE 10.5 ABOVE, PLEASE TAKE NOTE THAT THE INSURANCE COVERAGE DOES NOT COVER (I) DAMAGE TO EXTERNAL PACKAGING, (II) ITEMS NOT SECURELY AND CORRECTLY PACKAGED FOR INTERNATIONAL SHIPPING, (III) PROHIBITED ITEMS AND (IV) RESTRICTIVE ITEMS.

10.7 EXCEPT IN SO FAR AS OTHERWISE PROVIDED BY THESE CONDITIONS, THE LIABILITY OF BORDERCLICK, HOWSOEVER ARISING AND NOTWITHSTANDING THAT SUCH LIABILITY SHALL HAVE ARISEN FROM ITS NEGLECT OR DEFAULT, SHALL NOT EXCEED:

(i) THE VALUE OF THE GOODS LOST, DAMAGED, MISDIRECTED, MISDELIVERED OR IN RESPECT OF WHICH A CLAIM ARISES; OR

(ii) USD2.50 PER GROSS KILOGRAM OF THE SAID GOODS, AND SHALL NOT EXCEED USD10,000 IN ANY EVENT WHATSOEVER IN RESPECT OF ANY ONE CLAIM.

10.8 BY SPECIAL AGREEMENT IN WRITING AND ON PAYMENT OF ADDITIONAL CHARGES, HIGHER COMPENSATION MAY BE CLAIMED FROM BORDERCLICK NOT EXCEEDING THE VALUE OF THE GOODS OR THE AGREED VALUE, WHICHEVER IS THE LESSER.

10.9 IN RESPECT OF CLAIMS FOR DELAY WHERE NOT EXCLUDED BY THE PROVISIONS OF THESE CONDITIONS, THE AMOUNT OF THE BORDERCLICK'S CHARGES FOR THE SERVICES IN RESPECT OF THE GOODS DELAYED.

10.10 FOR THE PURPOSES OF CLAUSE 10.7 AND CLAUSE 10.8 ABOVE, THE VALUE OF THE GOODS:

(i) SHALL BE CALCULATED BY REFERENCE TO THE INVOICE VALUE OF THE GOODS PLUS FREIGHT AND INSURANCE IF PAID; AND

(ii) IF THERE IS NO INVOICE VALUE FOR THE GOODS, SHALL BE CALCULATED BY REFERENCE TO THE VALUE OF SUCH GOODS AT THE PLACE AND TIME WHEN THEY ARE DELIVERED TO THE CUSTOMER OR OWNER, THEIR ASSIGNEES OR SUCH PERSONS AS INSTRUCTED BY THE CUSTOMER OR SHOULD HAVE BEEN SO DELIVERED. THE VALUE OF THE GOODS SHALL BE FIXED ACCORDING TO THE CURRENT MARKET VALUE OR COMMODITY EXCHANGE PRICE OR IF THERE IS NO CURRENT MARKET VALUE OR COMMODITY EXCHANGE PRICE, BY REFERENCE TO THE NORMAL VALUE OF GOODS OF THE SAME KIND AND QUALITY

10.11 BORDERCLICK SHALL BE DISCHARGED OF ANY LIABILITY WHATSOEVER UNLESS:

(i) NOTICE OF ANY CLAIM, SUCH NOTICE BEING A CONDITION PRECEDENT TO ANY LIABILITY ON THE PART OF THE BORDERCLICK IS RECEIVED IN WRITING BY BORDERCLICK OR ITS SERVICE AGENT WITHIN 7 DAYS AFTER THE DATE SPECIFIED IN CLAUSE 10.12 BELOW; AND

(ii) BORDERCLICK SHALL BE DISCHARGED OF ANY LIABILITY WHATSOEVER UNLESS SUIT IS BROUGHT IN THE PROPER FORUM WITHIN 3 MONTHS AFTER THE DATE SPECIFIED IN CLAUSE 10.12 BELOW.

10.12 THE DATE REFERRED TO IN CLAUSE 10.11 ABOVE SHALL:

(i) IN THE CASE OF DAMAGE TO GOODS, THE DATE OF DELIVERY OF THE GOODS, AND IN THE CASE OF LOSS OF THE GOODS, THE DATE THE GOODS SHOULD HAVE BEEN DELIVERED;

(ii)IN THE CASE OF DELAY OR NON-DELIVERY OF THE GOODS, THE DATE THAT THE GOODS SHOULD HAVE BEEN DELIVERED; AND

(iii) IN ANY OTHER CASE, THE EVENT GIVING RISE TO THE CLAIM.

11. Prohibited Items

11.1 The following is a partial list of prohibited or illegal items that:

• is patently offensive, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• could be harmful to minors or vulnerable adults;
• could be seen to incite abusive behaviour towards another person;
• constitutes inappropriate content;
• harasses or advocates harassment of another person;
• involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
• promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits Personal Data from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
• consists of explosive, inflammable, noxious, filthy, deleterious or otherwise harmful substance
• consists of sharp Instruments includes (but not limited to): Box cutters, Ice axes, Ice picks, Knives, Meat Cleavers, Razor-Type Blades, Sabers, Scissors, any type of Swords.
• consists of dangerous and controlled drugs, with the exception of and on production of an export licence, narcotics and psychotropic substance may be sent by insured post for medical or scientific purposes to countries which admit them on these conditions.
• contains perishable non-infectious articles, anything liable to become offensive or injurious through decay during the time ordinarily occupied in transmission particularly if addressed to a tropical or subtropical country, unless sent in a hermetically sealed container.
• consists of articles which from their nature of packing may expose postal officials to danger, soil, damaged office items or postal equipment or which tend to hamper the performance of postal operations.
• contains coins and bullions, securities of any kind payable to bearer, bank or currency notes unless sent by insured post.
• consists of radioactive materials, whether solid, liquid or gaseous.
• consists of marine flare and signal, landing flare, highway fuse, smoke generator, distress signal or other pyrotechnic device intended for signalling, warning, rescue or similar purposes.
• contains petroleum or flammable material within the meaning of the Fire Safety (Petroleum and Flammable Materials) Regulations (Cap. 109A, Rg 7).
• consists of aerosol paint container or other implement or substance that is capable of being used to mark graffiti.
• consists of flag or banner which is larger than one metre by one metre, or has a handle longer than one metre
• contains chewing gum (except oral dental and medicated gum), applicable to import to Singapore only.
• consists of cigarette lighters of pistol or revolver shape.
• consists of endangered species of wildlife and their by-products.
• contains firecrackers or fireworks.

11.2 If you are in doubt if the item or content is prohibitive or not, please check with Borderclick at www.borderclick.com/contact-us

12. Restrictive Items

12.1 The following is a partial list of restrictive items or contents that is:

• Glass, china, porcelain, pots, vases, ceramics, objects constructed of precious metals and/or stones, loose precious stones (including industrial diamonds), legal drugs and pharmaceutical products; medical samples (includes bodily fluids and tissue samples), human remains or ashes, un-wrapped furniture, freestanding furniture, un-packaged and/or damaged goods
• LCD screens, Plasma screens, CRT screens, LED screens, micro-processors, electronic components and/or mobile telephones
• Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
• Perishable items and/or those requiring a controlled environment.
• Jewellery, Watches, Precious Metals and Stones, Money, Coins, and Deeds.
• Any livestock, animals, insects, larvae, pupae, birds or fish.

12.2 If you are in doubt if the item or content is restrictive or not, please check with Borderclick at www.borderclick.com/contact-us

13. No Waiver

13.1 The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach.

14. Third Party Rights

14.1 Unless expressly provided to the contrary in this Agreement, a person who is not a Party has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or to enjoy the benefit of any term of this Agreement.

14.2 Notwithstanding any term of this Agreement the consent of any third party is not required for any variation (including any release or compromise of any liability under) or termination of this Agreement.

15. Law and Jurisdiction

15.1 All the terms and conditions of this Agreement is governed by and shall be construed in accordance with Singapore law.

15.2 Any dispute arising out of or in connection with the terms and conditions of this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Singapore International Arbitration Centre.