Terms & conditions
Terms and Conditions (Terms and Conditions) of Eythos for the Companies in the Eythos Group
If you retain a company in the Eythos Group, or otherwise assert reliance on us, then you accept these Terms and Conditions as being applicable to your dealings, whether as owner or agent of the subject Property.
IMPORTANT NOTICE: Customer’s attention is drawn in particular to insurance terms, Eythos’ liability limitations and exclusions, claim notification requirements, deposit and failure to pay provisions, governing law and arbitration provisions, and personal data and CCTV provisions. Nothing in these Terms and Conditions excludes or restricts any right, remedy or liability that cannot be excluded or restricted under applicable mandatory law.
Our customers must ensure that their Property is insured. Our liability has been limited, as set forth herein. The rates charged reflect this. If, however, you do not have sufficient insurance coverage for the Property you plan to entrust with us, we can increase our liability with our commercial fine art insurer, in accordance with Clause 4.4 herein.
Any request to vary these Terms and Conditions, is subject to our agreement, and must be via amendment, in accordance with Clause 9.2 herein, and our pricing and services will need to be adjusted.
While you put your physical Property in our hands, legal title to your Property remains with you in accordance with these Terms and Conditions.
Scope of Our Obligations
1.1 These Terms and Conditions govern the Services of the applicable Eythos Group company you contract with, including but not limited to the storage, handling, and transport of property, advice related thereto, and any other services an Eythos company, including related entities and agents of Eythos, may provide.
1.2 The intended services must be specified in an order or quotation for services executed by Eythos and the customer (an Order) that describes specifically the Property you are entrusting to our care (the Property) and describes specifically the services to be provided by Eythos (the Service or collectively as the Services).
1.3 Unless agreed otherwise expressly by Eythos and the customer in writing, these Terms and Conditions are deemed incorporated into any Order, or any agreement of Eythos, including related entities of Eythos and its agents, to perform Services for the customer.
1.4 Our obligations arise only when the Property is in the Custody and Care of Eythos, which means that the Property has been physically received by an authorised representative of Eythos for the purpose of performing a Service to which these Terms and Conditions relate and Eythos has given written acknowledgement of receipt; and end at the point stipulated in the Order, or in the absence of such a stipulation, when the Property has been delivered to the Consignee of the customer or, in the event of non-delivery, when the Property has been returned to the customer. Consignee means any person or entity to whom we agree with you to deliver or release the Property to, as part of our Services.
1.5 The details and limitations of our Services are specified herein, which we may supplement from time to time, including in an Order, or in connection with an Order.
2. Scope of Your Obligations; Your Warranties to Us
2.1 Customers should ensure that the Property is insured with a reputable insurer against any loss or damage occurring when the Property is in, or is intended to be in, our Custody and Care, including if such loss or damage arises due to our negligence.
2.2 You warrant that you are either the lawful owner of the Property or are acting on behalf of the lawful owner and as such, you are authorised to bind the lawful owner to these Terms and Conditions. If you are acting as an agent for the lawful owner, you warrant that you are contracting with Eythos on your own behalf and as agent for the lawful owner, making you both fully liable and jointly and severally liable to Eythos for your warranties and representations and, you are both obligated to perform as set forth in these Terms and Conditions and Orders.
2.3 You warrant that the information you provide to us is accurate and complete, consistent with other representations and disclosures you have made about the Property to others, and complies with all anti-money laundering and other required asset ownership disclosure obligations applying to you and the Property. Customer further warrants that should there be a change in circumstances that calls into question the accuracy or completeness of the previously supplied information, you will immediately inform us. As our pricing and Services are based on the information you supply, you warrant that you will immediately correct any inaccuracy in the information you have supplied us, which you acknowledge and agree, may result in our changing our pricing or Services, at our discretion, which customer agrees to pay.
2.4 You warrant that there is no claim disputing ownership asserted against the Property.
2.5 Customers must inform Eythos in writing, at the time of the Order, of all relevant information related to the Property, including but not limited to, addresses, amount and kind and content of the Property, size, weight, and other characteristics, individuals we may deal with on your behalf, including those whom we may deliver and otherwise release the Property to, the value of the Property to be handled, as well as the available space and facilities at the place of collection and delivery and shall promptly provide Eythos with any further information required by Eythos to comply with applicable laws. Where customer provides Eythos with personal data relating to any Consignee, owner, agent, representative, employee, household member or other third party, customer warrants that it has notified the relevant individual and has obtained all necessary consents, or otherwise has a lawful basis, for disclosing such personal data to Eythos for the purposes set out in these Terms and Conditions, the applicable Order and Eythos’ personal data notice. Customer accepts that if conditions are different than informed, Eythos has the right to adjust its pricing, at its discretion, which customer agrees to pay. Customer also agrees that it will not hold Eythos liable for any purported non-performance or delay, loss or damage due in part to customer’s failure to provide complete and accurate information to Eythos, at all times.
2.6 Customer further warrants that, where customer is not the lawful owner of the Property or where any third party has an interest in the Property, customer has full authority from the lawful owner and any such interested person to grant, acknowledge and permit the enforcement rights set out in these Terms and Conditions, to the fullest extent permitted by applicable law.
2.7 Customer agrees that it will only communicate release and delivery or any other instructions relating to its Property or otherwise the Services to Eythos’ employees through an Eythos designated technology platform or agreed designated Eythos email address. Customer hereby understands and agrees that it may not rely on any communications made outside of such official means of communication. By way of example, non-official means of communication include but shall not be limited to any communications by text, personal email, Zoom, WhatsApp, WeChat, and the like.
2.8 Good Faith: Customer will act in utmost good faith in respect to Eythos, its related entities, and its agents.
2.9 Obligation to Protect Eythos Against Harm Due To Customer Conduct: Customer agrees that it will immediately reimburse Eythos for all costs, internal and external, Eythos incurs as a result of any action taken against Eythos, or demand made on Eythos, by any person, entity or governmental authority, due allegedly to conduct, acts or omissions of the customer. Customer further agrees to indemnify, hold harmless and defend Eythos from and against any and all losses, damages, expenses (including attorney fees, internal and external), liability or claims made at any time, or presented in any manner by any person or entity or governmental authority with respect to any act or omission of the customer, alleged breach of any contractual obligations of the customer, or any breach of applicable laws by the customer.
3. Payment, Deposits, and Consequences of Failure to Pay
3.1 Obligation to Pay: Customers must pay Eythos’ charges within the period stipulated in the Order, which may specify payments in advance, deposits, or, if no such period for payment is stipulated, no later than 30 days from the date of the invoice without deferment, reduction or set-off on account of any claim or demand. If at any time you dispute payment, customer must pay in accordance with this Clause 3.1, and then seek reimbursement or otherwise bring a claim as specified in these Terms and Conditions.
3.2 Interest: In respect of invoices not paid in full by the due date, or for any other sums that we incur on your behalf, customer agrees to pay interest of one percent (1%) per month of the amount unpaid, which shall be compounded, and pay Eythos’costs of collection including internal and external legal fees and costs.
3.3 Additional Charges and Offsets: Unless otherwise stated, prices quoted do not include any sales tax, use, excise, value-added, property or other such taxes or duties that may be levied on the transaction by local, provincial, national or federal governments or public authorities. Any such taxes or duties Eythos is required to collect or pay will be added to the invoice or billed separately. Eythos reserves the right to pursue payment of any charges due under these Terms and Conditions from the Consignee or any person with an interest in the Property, including legal fees and costs of collection incurred by Eythos in securing payment of these charges. Eythos reserves the right to offset outstanding charges owed by a customer to Eythos from any amounts payable to that customer by Eythos.
3.4 Storage Billing: Billing is set out in the order.
3.5 Security Deposit: Customer must pay a security deposit equivalent to six (6) months of storage charges (the “Deposit”). The Deposit shall be deemed the property of Eythos upon payment; however, Eythos agrees not to apply or use such funds unless and until the customer is in default of its payment obligations under this Agreement. The Deposit shall not accrue interest and shall not be held in trust.
3.6 Non-Payment Procedure: If any invoice remains unpaid for more than sixty (60) days after the due date, Eythos may, without liability, transfer the Property from its assigned storage area to general storage at the customer’s cost and risk. If payment remains outstanding for six (6) months, Eythos may issue written notice to the customer requiring collection of the Property within fourteen (14) days. If customer fails to collect the Property within that period, Eythos may, at its discretion and without further notice, remove the Property from its facility at customer’s cost and risk. Eythos shall have no further obligation or liability for the Property thereafter.
3.7 Supplementing Deposit: If any portion of the Deposit is applied by Eythos to cover unpaid charges or costs, customer must replenish the Deposit to the full amount equivalent to six (6) months of storage charges within thirty (30) days of written notice from Eythos. Failure to do so shall constitute a material breach of this Agreement and may result in suspension or termination of Services. If customer adds property to be handled or stored by Eythos, or facts come to light about the Property that were not known or understood by Eythos at the time the original deposit was set, then customer will immediately upon request supplement its deposit as requested by Eythos.
3.8 Release of Deposit: Upon termination or expiry of this Agreement, and provided that all sums due to Eythos have been fully settled and no outstanding obligations remain, Eythos shall release any remaining balance of the Deposit to customer within thirty (30) days. Eythos reserves the right to deduct from the Deposit any amounts necessary to satisfy unpaid fees, costs, or other liabilities arising under this Agreement prior to such release.
4. Eythos’ Liability
4.1Extent of Eythos’ Liability: Subject always to the provisions of Clause 5, Eythos shall be liable for loss of or damage to the Property, which occurs while the Property is in the Custody and Care of Eythos, or for any breach of the Services, provided that the liability of Eythos for such breach, loss or damage, whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise, shall be limited and in no event exceed the lesser of (a) US$1,000 per 1000 KG or (b) a maximum of US$1,000 (one thousand US Dollars) per event.
4.2 Sole and Exclusive Liability: The liability of Eythos under this Clause 4 shall be Eythos’ sole and exclusive liability to the customer in respect of any loss of or damage to Property, or otherwise, and the customer will have no other claim against Eythos of any kind in respect of such loss or damage, or otherwise, whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise, unless any applicable law mandates otherwise.
4.3 If Treaty or Law Restricts Limitations of Liability: To the extent any applicable law or treaty regulates the scope of this limitation of liability, the parties agree that Eythos’ liabilities will be limited to the maximum extent possible under that law or treaty and otherwise consistent with this Clause 4 and following Clause 5 to the fullest extent possible. Without limiting the foregoing, nothing in these Terms and Conditions excludes, restricts or prejudices any right, remedy or liability to the extent such exclusion, restriction or prejudice is prohibited or unenforceable under the Unfair Contract Terms Act 1977, the Consumer Protection (Fair Trading) Act 2003, the Personal Data Protection Act 2012, or any other mandatory Singapore law applicable to the Services, the Property, the customer or Eythos.
4.4 If Insurance Arranged: Where the customer requests insurance coverage through Eythos' insurance program and Eythos agrees to arrange such coverage, the Property shall be insured subject to the terms, conditions, exclusions and limits of the applicable insurance policy. Eythos acts solely as a facilitator of such coverage and is not an insurer. Any claim for loss or damage shall be subject to the insurer's assessment and claims procedures, and Eythos shall have no liability for any denial of coverage, limitation of recovery, delay in payment, insolvency of the insurer, or other act or omission of the insurer. Unless otherwise expressly agreed in writing, Eythos' liability shall remain subject to these Terms and Conditions, including Clauses 4 and 5.
5. Exclusions and Limitations of Liability
5.1 Eythos shall have no liability whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise, to the customer, customer’s insurers, or to any third parties, other than as set out in Clause 4. Customer hereby agrees to release, indemnify and hold harmless Eythos against any and all liability Eythos may incur from any claims, disputes, suits, proceedings at law or in equity, loss, liabilities, costs, payments, injury, damage and expenses of any nature (including attorney’s fees and court costs) brought by a third party arising, or alleged to arise, from the customer’s acts, omissions, instructions, misrepresentations, rights, interests, breach of an agreement, or questions regarding or related o the ownership or custody of the Property.
5.2 Notwithstanding anything else contained in these Terms and Conditions, Eythos shall have no liability whether in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise for any consequential, special or indirect loss or damages; business interruption; delay, deterioration or loss of market; loss of production; loss of profit; loss of revenue; loss of contract; loss of or damage to goodwill; financial charges or interest; or any loss of or damage to Property, or otherwise to the customer, customer’s insurers, customer’s agents, or any third parties, which is directly or indirectly caused by or results from circumstances beyond its control, or from the following circumstances: (a) natural ageing, gradual deterioration, inherent defect, rust or oxidation, pests or animals, warping or shrinkage; (b) aridity, humidity, exposure to light or extreme temperatures, exposure to toxins, exposure to bacteria; (c) consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, terrorism, insurrection, military or usurped power, sanctions, confiscation or nationalisation or requisition or destruction of or damage to the Property under the order of any government or public or local authority (d) any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a communicable disease or the fear or threat (whether actual or perceived) of a communicable disease. (e) loss or damage arising directly or indirectly from nuclear radiation or radioactive contamination, chemical or gas contamination, explosive materials or other hazardous materials; (f) suspension or interruption of utilities; (g) act or default of the customer, its employees, officers, agents or representatives, including failure to comply in all respects with any laws of any local, national or supranational public authority within whose jurisdiction the Property may be; (h) failure on the part of the customer to pay customs duties, failure on the part of the customer to provide bond or security, or any financial cause on the customer’s part whether under court order or otherwise; (i) compliance by Eythos, its employees, subcontractors or other authorised representatives with any instructions given by the customer or its authorised representatives or agents; (j) compliance by Eythos, its employees, subcontractors or other authorised representatives with any regulations, instructions, demands of or action taken by any government or public authority; (k) in no case shall Eythos be liable for loss, damage, liability or expense directly or indirectly caused by, contributed to by or arising from the use or operation, as a means for inflicting harm, electronic warfare, of any digital or cyber-attack, ransomware, computer software programme, malicious code, computer virus; (l) Eythos shall not be deemed to be liable for, nor shall it be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such liability, payment of such claim or provision of such benefit would expose Eythos or its insurers to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the places where it has operations or dealings, including but not limited to European Union, United Kingdom, United States of America, or The People’s Republic of China.
5.3 Should the Services include the handling of fragile artwork, such as china, glassware and the like, or liquids, customer agrees to provide advance written notice of any fragile Property which requires special handling, and will package fragile Property in a container that contains no other Property and pay additional charges relating to such fragile artwork or liquids. Notwithstanding any declaration of value, should customer fail to provide advance written notice of fragile Property, or not package such fragile Property as required by these Terms and Conditions, or pay applicable additional handling charges, Eythos shall have no liability for damage to such fragile Property. Eythos shall have the right to determine, in its sole discretion, whether to handle or provide Services relating to any fragile Property.
5.4 To the fullest extent permitted by applicable law, none of Eythos’ affiliates, parent or subsidiary companies and none of the officers, agents, representatives, directors and employees of Eythos and Eythos’ affiliates or parent or subsidiary companies shall be liable in contract, tort (including negligence and misrepresentation), indemnity, breach of statutory duty or otherwise for any loss or damage sustained in connection with the contract between Eythos and the customer of which these Terms and Conditions form part, by virtue of their relationship with Eythos or the performance of or failure to perform any of the Services contemplated hereunder.
5.5 Nothing in these Terms and Conditions shall exclude or limit liability that cannot be legally excluded or limited, nor should any Terms and Conditions be taken as a deviation from any non-waivable consumer protection law. In Singapore, this includes any right, remedy or liability that cannot be excluded, restricted or prejudiced under the Unfair Contract Terms Act 1977, the Consumer Protection (Fair Trading) Act 2003, the Personal Data Protection Act 2012, or any other applicable mandatory Singapore law.
6. Delivery
6.1 Unless otherwise agreed in writing, the delivery or release may be made with discharging effect to any adult person present on the premises of the recipient and belonging to the business or household, or to the Consignee designated by the customer or other agreed premises, unless Eythos believes the person encountered is not authorised to take receipt of the Property.
6.2 Eythos shall not be liable for non-performance or delay due to circumstances beyond its reasonable control. Eythos shall promptly notify the customer when such circumstances cause a delay or failure in performance and when they cease to exist. In such circumstances, Eythos may store the Property at the customer’s cost or return the Property to the customer at the customer’s cost. Eythos does not warrant or guarantee any pickup or delivery times and such times are approximations or estimates. Unexpected additional delivery costs can be charged to the customer.
7. Complaints and Claims
7.1 Process: If it is necessary to make a complaint or claim against Eythos, customer shall make such claim directly to Eythos and such claim will be subject to the procedures and limitations contained herein.
7.2 Notice at Earliest Possible Time To Be Given: Customer agrees that as soon as customer learns anything that might indicate potential damage to the Property, or other circumstances that may cause Eythos to be unable to comply with any of customer’s needs or requirements with respect to the Property, customer must notify Eythos in writing with particulars of its concern and the circumstances, and provide all documentation bearing on the circumstances at issue, so that Eythos’ arranged insurer may have an opportunity to inspect, investigate and remedy. If customer fails to comply with this obligation, customer accepts that, to the fullest extent permitted by applicable law, it waives its rights to later assert a claim and otherwise complain. Specifically with respect to damage to the Property that is apparent at the time of delivery or handover, customer must notify Eythos no later than three (3) days after receipt and any damage that is not apparent upon receipt, no later than fourteen (14) days after delivery or handover, or earlier, if discovered earlier. If notice is not given during these time periods, then customer waives any right to make a claim, to the fullest extent permitted by applicable law.
7.3 Opportunity To Cure or Satisfy: If at any time customer believes that Eythos has breached its obligations, customer must provide notice with particulars, and starting upon receipt of such notice, Eythos shall be given thirty (30) days (Cure Period) to implement a reasonable cure, or otherwise propose a mutually satisfactory solution, which proposal if made, shall be treated as being made on a without prejudice basis, that is, made in confidence and cannot be disclosed in any subsequent proceeding, to the extent protected by applicable law and subject to any tribunal, court, statutory or regulatory disclosure requirement, unless done so by Eythos. Nothing in this Clause prevents customer from seeking urgent interim or injunctive relief, taking preservation measures, or using statutory complaint channels or low-value claim mechanisms, in each case only to the extent such rights cannot lawfully be excluded. For the avoidance of doubt, subject to the foregoing, customer agrees to seek claims against Eythos in connection with Eythos’ breach of its obligations only after Eythos has failed to cure in a timely manner such breach in spite of its receipt of the written cure notice from customer.
7.4 Evidence Must Be Produced At Time of Claim: If customer asserts a claim in arbitration or in any other way, at the time of giving notice of its claim, customer must furnish Eythos with a detailed written proof of loss or damage specifying date of shipment, name and address of Consignee and consignor, and notice and description of the Property and the loss or damage alleged. Customer further agrees to deliver to Eythos, at the time of its making a claim, all information in whatever form it exists (documents, images, and in hardcopies and in digital or electronic formats, etc.) relevant to a valuation, assessment of condition, and appraisal of the Property, and otherwise relevant to the circumstances at issue, and being inculpatory and exculpatory. Customer also agrees to provide all information, upon request, that Eythos may require as to prior storage, handling, and use of the Property. If all such information is not timely and comprehensively provided to Eythos, customer waives or is otherwise estopped to pursue its claim, to the fullest extent permitted by applicable law.
7.5 Agreement to Final and Binding Arbitration: If customer decides that Eythos has not implemented a reasonable cure of the purported breach, or otherwise proposed a satisfactory solution during the Cure Period, then customer may proceed to arbitration by filing a notice of intent to arbitrate with the Singapore International Arbitration Centre (SIAC), concurrently served on Eythos. The parties agree that for any claim or dispute arising out of or relating to the Property, or in any way related to the Services, such claim or dispute shall be governed by the laws of Singapore, without regard to conflict of law principles. Any such claim or dispute shall be finally settled by arbitration administered by SIAC in accordance with the Arbitration Rules of the SIAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The parties further agree (a) that the seat of arbitration shall be Singapore and (b) the arbitration shall be conducted in English before a single arbitrator experienced in the commercial transport of goods who shall be appointed in accordance with the SIAC Rules . The Parties agree that any arbitral award issued hereunder shall be final and binding and that they waive any right to appeal such award to the extent permitted by applicable law. Nothing in this Clause limits the application of any mandatory Singapore law, including the Unfair Contract Terms Act 1977, the Consumer Protection (Fair Trading) Act 2003 and the Personal Data Protection Act 2012, or prevents a Singapore consumer from using statutory complaint channels or low-value claim mechanisms that cannot lawfully be excluded.
8. Compliance
8.1 In the event that the Services (or any part thereof) required by the customer to be performed by Eythos are prohibited under any applicable laws, sanctions or embargoes, Eythos may at its discretion partially or fully cancel the Service at any time, without prior notice and without incurring any liability to the customer.
8.2 Eythos will not be held responsible in any way for any loss, delay or damage resulting from any inaccuracy in the values or other information relating to Property declared by the customer, shipper or Consignee to customs both at the origin or destination. The customer takes full responsibility to declare the correct value and other information. Any fines or penalties arising from false or incorrect declaration will be payable by the customer, shipper or Consignee and the customer will indemnify Eythos against any costs, claims or liability arising from the same, including, without limitation, any legal or other costs which Eythos may incur in relation thereto. Eythos may make a declaration to customs, but any such declaration will only be based on the information given by the customer to Eythos and the fact that Eythos has made such a declaration shall not absolve the customer from responsibility for the contents thereof. Customer acknowledges that customs, sanctions, anti-money laundering and asset ownership information may include personal data and must be provided in accordance with Clause 10 and applicable data protection law.
9. Additional Terms
9.1 Choice of Law: These Terms and Conditions, and all Orders, and all dealings involving Eythos of whatever nature shall be governed by and construed exclusively in accordance with the laws of Singapore and any claim or dispute arising out of or relating to these Terms and Conditions, any Orders, and any dealing with Eythos, shall be exclusively settled by confidential arbitration seated in Singapore, as specified in these Terms and Conditions. Nothing in these Terms and Conditions excludes, restricts or prejudices the application of any mandatory Singapore law, including the Unfair Contract Terms Act 1977, the Consumer Protection (Fair Trading) Act 2003 and the Personal Data Protection Act 2012, or prevents a Singapore consumer from using statutory complaint channels or low-value claim mechanisms that cannot lawfully be excluded.
9.2 Entire Agreement: These Terms and Conditions, together with the applicable Order, comprise the entire contract between Eythos and the customer and supersede all previous agreements, statements, promises, warranties, representations and understandings between them relating to its subject matter. Eythos and customer acknowledge that they do not rely on and shall not have any remedy in respect of any statement, representation, promise or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions and the applicable Order, except that nothing in this Clause excludes or restricts any liability or remedy for fraud, fraudulent misrepresentation, statutory rights, or any liability that cannot be excluded or restricted under applicable law. Any provisions amending or additional to the provisions set out in these Terms and Conditions shall be of no effect unless they are in writing and duly executed by authorised representatives of both Eythos and customer. In the event of a conflict between these Terms and Conditions and the terms and conditions of an Order, or any other document, these Terms and Conditions shall control, subject to any applicable mandatory law. Eythos may in any particular situation waive a term for the benefit of a customer, but that waiver is limited to that situation and time, and does not result in any other waiver or estoppel.
9.3 Termination: Eythos may terminate its Services at any time as a matter of right by giving customer thirty (30) days’ notice of its intent to do so. Eythos will not be obliged to continue to store or otherwise care for the Property after this thirty (30) day period, except that, for so long as the Property remains in Eythos’ actual possession, custody or control, Eythos’ obligations in respect of the care and custody of the Property shall continue only to the extent required by applicable law and subject always to the limits and exclusions within these Terms and Conditions. Eythos may require customer to collect the Property, arrange return or onward storage of the Property at customer’s cost, or exercise any lien, retention, sale or disposal rights available to Eythos under these Terms and Conditions and applicable law.
9.4 Duty of Confidence: Each party agrees for itself, its officers, directors, agents, servants, employees, successors and assigns to keep confidential any and all information obtained about the other party (including without limitation information relating to the other party’s operations, personnel and security) except in the following circumstances: it is compelled to disclose such information by a court or government authority having jurisdiction or by applicable law; disclosure to its auditors or for the purposes of regulatory requirements; to airlines for specific compliance checks; to its professional advisors on a confidential basis; to insurers, customs brokers, logistics providers, group companies and other service providers where reasonably required for the Services, claims handling, compliance, accounting or administration; or as otherwise permitted by Clause 10 and applicable data protection law.
9.5 Access and Security at Eythos facilities: Customers are expected to respect the privacy of our facilities when visiting by refraining from taking photos and sharing any information or observations with third-parties. Access to a facility is by appointment only, and at all times, subject to the then existing Eythos security protocols. Handling of any Property must be conducted exclusively by Eythos personnel. Customer understands and agrees that video monitoring including CCTV monitoring, takes place at Eythos facilities for security, safety, access control, compliance, claims handling and protection of Property purposes. Eythos will provide appropriate notifications where personal data may be collected by CCTV and will retain CCTV footage only for so long as permitted or required by applicable data protection law or for legal, regulatory, insurance, security or business purposes. No perishable goods, contraband, or hazardous materials may be brought to an Eythos facility, and customer understands and agrees that items brought to an Eythos facility may be subject to inspection.
9.6 No Third Party Rights: Subject to applicable law, no third party may enforce any of these Terms and Conditions, save that Eythos’ affiliates or parent or subsidiary companies and the officers, agents, representatives, directors and employees of Eythos and Eythos’ affiliates or parent or subsidiary companies may enforce.
9.7 Notices: Any notice given to a party, under or in connection with these Terms and Conditions, shall be in writing and shall be given through the Eythos designated technology platform, or the e-mail addresses or physical addresses designated by either of the parties to use for notices, as set forth below. This provision does not apply to the service of any proceedings or other documents in any legal action.
9.8 Interpretation: The parties agree that these Terms and Conditions are fair and reasonable, carefully read and understood, and, to the extent permitted by applicable law, the rule that language should be interpreted against the drafter must not apply.
9.9 Savings Clause: Should any of the above clauses prove to be invalid, this shall not affect the remaining provisions of these Terms and Conditions or any other individual provision. In this case, the parties and any neutral, as the case may be if a dispute has been brought to arbitration, shall endeavour to replace the invalid clause with another clause that most closely approximates the original commercial and legal intent of the invalid clause.
9.10 AI Use at Eythos: Eythos may use AI tools to support the delivery of its Services from time to time. AI may be used for early-stage or administrative tasks such as research, drafting, data organisation, or ideation; however, all strategic, creative, and client-facing work is developed, reviewed, and approved by Eythos’ staff. Input is processed either using a secure, encrypted platform or anonymised and appropriately redacted so that no confidential or commercially sensitive customer information is identifiable. AI is used solely to enhance workflow.
10. Singapore Personal Data Protection Notice
10.1 Where the Personal Data Protection Act 2012 applies, Eythos may collect, use, disclose, process and retain personal data relating to Customer, the lawful owner of the Property, any Consignee, authorised representative, agent, employee, household member, visitor to an Eythos facility, and any other individual whose personal data is provided to or collected by Eythos in connection with the Services.
10.2 Such personal data may be collected, used and disclosed for administering Orders; verifying identity, authority, ownership, provenance and delivery instructions; providing, arranging and improving the Services; communicating with customer, Consignees and authorised persons; billing and collecting charges; operating security, access control and CCTV systems; protecting Eythos facilities, personnel and property; handling complaints, claims, insurance, audits and disputes; complying with customs, sanctions, anti-money laundering, tax, regulatory, law enforcement and other legal requirements; and any purpose reasonably related to the foregoing.
10.3 Eythos may disclose personal data to its affiliates and group companies, insurers, insurance brokers, auditors, professional advisers, banks, payment processors, customs brokers, carriers, airlines, storage providers, subcontractors, technology providers, regulators, law enforcement agencies, courts, tribunals, arbitral institutions and any other person where reasonably required for the purposes set out in Clause 10.2 or as permitted or required by applicable law.
10.4 Where personal data is transferred outside Singapore, Eythos will take steps required by applicable data protection law in respect of such transfer, unless an exception applies. Eythos will retain and protect personal data in accordance with applicable data protection law and for so long as required for legal, regulatory, insurance, security, accounting, dispute resolution or business purposes.
10.5 An individual may request access to, or correction of, personal data about that individual in Eythos’ possession or control, or withdraw consent to the collection, use or disclosure of such personal data, by contacting Eythos’ Data Protection Officer. Eythos will respond to such requests to the extent required by applicable data protection law. A withdrawal of consent may affect Eythos’ ability to provide the Services or continue dealing with the Property, and does not affect any collection, use, disclosure or retention permitted or required by applicable law.
10.6 Customer must ensure that any individual whose personal data is provided by customer to Eythos has been notified of, and where required has consented to, the collection, use, disclosure, retention and overseas transfer of that personal data for the purposes set out in this Clause 10. Customer shall promptly provide Eythos with reasonable assistance and information required for Eythos to comply with applicable data protection law.
