Terms and Conditions of Service
The Terms and Conditions stated herein (collectively, the “The Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and GRAB HAULIER SDN BHD [Company No.: 886805-P] (“the Company” or “Grab Haulier”).
By accessing or using the Service (as defined below), it is deemed that you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter in to this Agreement, on behalf of yourself or for the company, entity or organization that you represent. You may not access or use the Service or accept this Agreement if you are not at least 18 years old or unauthorized by the entity you represent. Use of the Service is conditioned on your agreement to all of the terms and conditions contained in the Agreement, including the policies and terms linked to or otherwise referenced in the Agreement, all of which are hereby incorporated into the Agreement. If you do not agree, you should decline this Agreement, in which case you are prohibited from accessing or using the Service.
The Company reserves the right to modify, vary or change the Terms and Conditions of this Agreement or its policies relating to the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Service shall be effective upon the posting of an updated version onto http://www.grabhaulier.com (https://www.grabhaulier.com). You agree that it shall be your responsibility to review this Agreement regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of such changes.
The Company is a TECHNOLOGY COMPANY which provides a Platform (as defined below) for Customer (as defined below) to obtain Carriage Service (as defined below) provided by Carrier (as defined below). The Company’s role is merely to link the Customer with such Carrier. Carrier shall not represent to be an agent, employee or staff of the Company. The Company is not responsible for the acts and/or omissions of any Carrier and any liability in relation to such Carriage Service shall be borne by the Carrier.
Service refers to the linking of Customer to Carrier through the Platform, Software and/or Application.
Platform refers to the Company’s relevant technology platform, portal or website that when used in conjunction with the Software and/or Application, enables User to access the Service.
Software refers to any relevant computer software(s)made by the Company for the User, Customer and/or Carrier.
Application refers to any relevant mobile application(s) made by the Company for the User, Customer and/or Carrier.
Customer refers to any person or company or body incorporated under the law of any country sending or receiving or desiring to send and receive Goods by the Carriage Service of the Carrier or its agent and includes unless the context otherwise requires, his principals, servants, agents (including but not limited to the forwarding agent), Consignee and the owner of the Goods.
Carrier refers to the person (corporate or otherwise) who contracts with the Customer to carry the Goods.
1.7. Carriage Service
Carriage Service refers to the service provided by the Carrier in carrying and transporting the Goods.
User refers to any individual or company who uses the Service, Platform, Software and/or Application.
Goods refers to the cargo accepted from the Customer and includes any container not supplied by or on behalf of the Carrier.
Consignee refers to the person, firm or company who will collect the Goods from the Carrier.
Consignment refers to any container, transportable tank, flat or pallets and should be constructed to ISO (International Standards Organization), SIRIM (Standards and Industrial Research Institute of Malaysia) or other acceptable standards and maintained in a state that is safe for transportation.
Tariffs refers to the list of charges published on the Platform and/or Software for the Carriage Service rendered through the use of the Service, Platform, Software and/or Application. The Company may update the charges from time to time in its sole discretion.
1.13. Request For Delivery
Request For Delivery or RFD means document required and issued by the Carrier requesting the Customer or its agent to submit particulars and details of the Goods to be delivered.
1.14. Shipment Fee
Shipment Fee refers to the charges for the Carriage Service rendered through the use of the Service, Platform, Software and/or Application.
Request of Carriage Service through the use the Service, Platform, Software and/or Application.
1.16. User Content
User Content refers to any and all information, data, and other content that the User submit to, or uses with the Service, Platform, Software and/or Application.
1.17. Force Majeure
Force Majeure refers to events not within the control of the Company and/or Carrier and has a direct of indirect effect on the Carrier’s obligations in the performance of the Agreement; events which it is unable to prevent, avoid or remove and shall include war whether declared or not, hostilities, invasion, armed conflict, act of foreign enemy, riot, insurrection, strikes, resolution, act of terrorism, sabotage or criminal damage, natural disasters including earthquakes, lighting, volcanic eruptions, hurricanes, tempest, fires and floods.
1.18. Dangerous Goods
Dangerous Goods refers to Goods, which are of a dangerous, flammable, radioactive or damaging nature, and includes Goods, which are specified as dangerous goods published by the International Maritime Organization (IMO) or any law for the time being enforced in Malaysia.
1.19. the Association
Means Association Of Malaysian Hauliers.
2. Representations, Warranties and Undertakings
2.1. By using the Service, Platform, Software and/or Application, you represent, warrant and/or undertake that:
2.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old.
2.1.2. You will only use the Service, Platform, Software and/or Application for their intended and lawful purposes.
2.1.3. You will keep your account password or any identification we provide you which allows access to the Service, Platform, Software and/or Application secure and confidential.
2.1.4. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
2.1.5. You will not try to interrupt or harm the Service, Platform, Software and/or Application in any way.
2.1.6. You will not attempt to commercially exploit any part of the Service, Platform, Software and/or Application, including without limitation modify any of the content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without written permission from the Company.
2.1.7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity without written permission from the Company.
2.1.8. You will provide the Company with whatever proof of identity or any other documents, permits, licenses or approvals which Company may reasonably request or require.
2.1.9. You will not use the Service, Platform, Software and/or Application for sending or storing any unlawful material or for fraudulent purposes.
2.1.10. You will not use the Service, Platform, Software and/or Application to cause nuisance, annoyance, inconvenience or make fake request of Carriage Request and/or acceptance.
2.1.11. You will comply with all laws applicable to you and/or your use of the Service, Platform, Software and/or Application.
2.1.12. You will not copy, or distribute the Software, Application and/or Content without written permission from the Company.
2.1.13. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service, Platform, Software and/or Application at any time with or without notice.
2.1.14. You will only use an access point or data account which you are authorized to use.
2.1.15. You agree that the Service is provided on a reasonable effort basis.
2.1.17. You agree to assist the Company with any internal or external investigations as may be required by the Company in complying with any prevailing laws or regulations in place.
2.1.18. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any other party as a result of your breach of this Agreement.
2.1.19. Where applicable, you will not copy any content displayed through the Platform, Software and/or Application, including any third party product content and reviews, for republication in any format or media.
2.1.20. In the course of performing the duty, you agree to keep the Company informed and updated should there be any dispute or issues arise between the users.
2.2. If you are Customer, you further represent, warrant and/or undertake that:
2.2.1. By using the Service, Platform, Software and/or Application, save for the terms stated in this Agreement, you agree that the Condition of Carriage and the Standard Trading Conditions of the Association shall apply and the terms stated therein shall be the term of contract between Carrier and Customer. The Company will not be liable for whatsoever reason.
2.2.2. You will not contact the Carrier for purposes other than the Carriage Service.
2.2.3. You will not intentionally or unintentionally cause or attempt to cause damage to the assets of Carrier.
2.2.4. You will not use the Service in furtherance of the Carriage Service of Goods that is illegal, dangerous, hazardous, harmful, unsafe, offensive or objectionable.
2.2.5. You own the shipped Goods, or have the necessary rights to ship such items.
2.2.6. All Goods moved using the Carriage Service through the use of the Service, Platform, Software and/or Application have been properly and sufficiently packed and/or prepared.
2.2.7. You use the Carriage Service, Service, Platform, Software and/or Application at your own risk and agree that the Company will not be liable for the loss of any Goods.
2.2.8. You shall insure/maintain a valid insurance cover for the Goods from the original point of pickup to the final point of delivery at your own cost and shall waive/cause to waive the right of subrogation against the Company and the Carrier engaged. For the convenience of the Customer, the Company has provided on its website a solution for the Customer to obtain an insurance. No insurance will be effected except upon express acceptance given in writing by the insurance company. Should the insurers dispute their liability for any reason the insured shall have recourse against the insurers only and the Company shall not be under any responsibility or liability whatsoever in relation thereto notwithstanding that the premium upon the policy may not be at the same rate as that charged by the Company or paid to the Company by its Customer.
2.2.9. The premium calculation on the website shall be treated as a reference. The Customer shall settle the difference in premium formulated or charged and the actual premium upon the request of the Company.
2.2.10. Notwithstanding any provision stated herein, it is advisable for the Customers to purchase additional insurance including but not limited to the insurance for the Marine Cargo, Freight Forwarders Liability and/or Goods in Transit/Bailee Insurance at the Customers’ own costs and expenses. The Company shall not be under any obligation to effect any insurance for the Customer and/or the Carrier for any reason whatsoever.
2.2.11. You shall be deemed to have truthfully and accurately declared all particulars relating to the general nature and description of the Goods, their marks, numbers, weights, volume, quantity, value and, if applicable, the dangerous character of the Goods, as furnished.
2.2.12. You shall be liable for all loss or damage, costs, expenses and any fines or charges imposed by the authority resulting from the inaccurate, fraudulent or incomplete information or instructions provided for the Carriage Service of the Goods.
2.2.13. In the event the Company shall become liable to any other party resulting from the inaccurate or fraudulent information, whether the Company is negligent or otherwise, the Customer shall indemnify and hold harmless the Company accordingly for such action taken against the Company.
2.2.14. Where other costs and expenses are payable, including duties or such other additional charges, the Company shall be entitled to claim the same on the Customer, notwithstanding there being any claim on the Company for any loss of or damage to the Goods, the monies to paid out by the Company on behalf of the Customer shall become payable without any reduction or deferment on the account of any claim, counterclaim or set-off against any amount owing to the Company.
2.2.15. Where the Customer is in arrears of any payments due to the Company and the outstanding exceeds the agreed credit period, the Company shall be entitled to impose a late payment penalty charge of such percentage as advised and/or imposed by the Association.
2.2.16. In the event the arrears remained outstanding beyond such further period in excess of the agreed credit period as granted by the Company for the Customer to make good such outstanding and provided that the Customer responded to the demands for payments being served on them, the Company shall be entitled to report such delinquent accounts accordingly as required under the Credit Reporting Agencies Act (2010) without any liability or responsibility for any loss or damage ensuing therefrom or thereafter when the Customer’s delinquent account shall be reflected in the trade bureau database.
2.2.17. Where the dispute persists and upon the Customer’s inability to resolve the same with the Consignee or any other buyer 30 calendar days after arrival of the goods or from the date such dispute arose, the Company shall be vested with a General Lien on the goods and may either exercise the rights to confiscate and/or to accordingly forfeit and dispose the goods in any manner deemed fit and proper so as to make good and/or recover any further costs and expenses incurred.
2.2.18. In the event a General Lien is notified to the Customer and/or any legally interested parties, the Company shall conduct sale and disposal of the goods by auction, whether by private arrangement or by public notification, the nett proceeds shall accordingly be used to defray the cost of auction, the costs and expenses owing to the Company and the Customer and/or actual owners of the Goods if there remains any amount thereafter.
2.2.19. You shall not unreasonably reject or cancel a booked Carrier and you bear the sole responsibility to review and accept or deny the Carrier’s trailer, lorry or container for cleanliness, odour, leaks, dirt or other conditions that may be unacceptable to you. If a trailer, lorry or container or any equipment is unacceptable, it is your obligation not to load or to prohibit loading onto the trailer, lorry or container. In such event, you shall notify the Carrier immediately and request alternative arrangements or transport. Unless otherwise agreed in writing, or otherwise specified by law or regulation, it is your responsibility to develop adequate blocking, bracing and packaging that facilitates the safe handling and stowing of freight and prevents damage during transit.
2.2.20. You shall give Carrier 48 hours to plan for the collection of the container from the requested return date.
2.2.21. Your insertion of “Grab Haulier” or “Grab Haulier Sdn Bhd” on a receipt of goods, bill of lading, waybill, manifest, or any other shipping document, shall be understood by the parties to be for your convenience, or due to your oversight only, and shall not operate to alter the Company’s status as the Service provider, nor the Carrier’s status as the responsible Carrier. The terms and conditions set forth in any such shipping document used by a Carrier or a Customer shall not supersede, alter, or modify any term of this Agreement or add any liability or responsibility to the Company. The Company has no role in the application, validity of the terms contained in the Carrier’s documents as applicable to the Customer or Carriage Service provided by the Carrier.
2.2.22. The Company represents that it is not a governmental agency and therefore cannot and does not in any way guarantee the suitability, relative fitness, compliance record of, or current or future safety performance of, any Carrier or its drivers. Notwithstanding any provisions stated herein, the Company is not responsible in any way for the acts and/or omissions of Carriers or their drivers in complying with the terms and conditions herein or any legislation for any reason whatsoever.
2.3. If you are Carrier, you further represent, warrant and/or undertake that:
2.3.1. By using the Service, Platform, Software and/or Application, save for the terms stated in this Agreement, you agree that the Condition of Carriage and the Standard Trading Conditions of the Association shall apply and the terms stated therein shall be the term of contract between Carrier and Customer. The Company will not be liable for whatsoever reason.
2.3.2. By using this Service, you agree that you shall not re-broker, co-broker, subcontract, assign, or cause or permit any other person or entity to perform any of your obligations hereunder, or cause or permit any Goods tendered hereunder to be transported by any other third-party Carrier, or any other substitute mode of transportation, without the express written consent of the Company.
2.3.3. Upon acceptance of the Booking, you confirmed that your vehicle is fit for the Customer’s purpose.
2.3.4. You shall procure and maintain the following insurance coverages at your sole cost and expense, with reputable and financially responsible insurance underwriters, acceptable and of the Company’s satisfaction:
22.214.171.124. Third Party Commercial Vehicle insurance in accordance with Malaysia insurance regulation (Road Transport ACT) to include any automobile, or all owned, non-owned and hired automobiles, covering bodily injury (including injury resulting in death) and loss of /or damage to property.
126.96.36.199. Carrier Liability insurance and/or Bailees insurance in an amount not less than RM100,000 per incident and shall not contain any exclusions for employee theft or dishonesty.
188.8.131.52. Any other insurance that may be required by any applicable federal, state or local laws, rules, regulations or ordinances.
2.3.5. Carrier shall provide to the Company certificates of insurance and upon request, shall provide copies of all policies and endorsements. Further, Carrier will ensure that the Company is provided notice of cancellation or modification of any insurance required under this Agreement at least 30 days in advance of any cancellation or modification of the required insurance.
2.3.6. You are duly registered with APAD (Agensi Pengangkutan Awam Darat) or CLVB (Commercial Vehicles Licensing Board) as a for-hire motor carrier of property in accordance with the Commercial Vehicles Licensing Board Act, 1987. With respect to the transportation services provided pursuant to this Agreement, Carrier shall comply with all federal, state and local laws, rules, regulations and ordinances, including but not limited to all rules and regulations promulgated by the APAD, CLVB and all other Federal and State agencies and departments having jurisdiction over the transportation services to be performed by Carrier. Carrier shall defend, indemnify and hold the Company and its Customers harmless from and against any and all fines, penalties, judgments, liabilities, expenses and costs of any nature resulting from Carrier’s failure to comply with all such laws, rules, regulations and ordinances.
2.3.7. You shall perform all transportation services pursuant to this Agreement with equipment that is in good order, condition and repair and that meets with all applicable federal and state laws, rules and regulations, including but not limited to those of APAD and CLVB.
2.3.8. This Agreement does not make Carrier an agent, legal representative, joint venture, or partner of the Company for any purpose. It is understood by Carrier that Carrier is to act as an independent contractor and is in no way authorized to make any contract, warranty or representation on behalf of the Company, or to create any obligation express or implied on behalf of the Company. It is expressly agreed and understood by Carrier that Carrier shall not be considered under this Agreement as having any employment status with the Company, or as being entitled to any plans, distributions, or benefits extended by the Company to its employees.
2.3.9. Except as otherwise provided herein, the Carrier’s liability for cargo loss or damage shall be governed by the provisions of applicable legislation in Malaysia. Carrier shall be liable to the Company, and its Customer, for any and all property damage, cargo loss, damages or delay occurring while such cargo is in the possession or under the control of Carrier, or resulting from Carrier’s performance or failure to perform the service undertaken by Carrier under the terms of this Agreement. Carrier further agrees to defend, indemnify, and hold the Company and its Customer harmless from any and all claims, loss, damage, expenses, or liability, including reasonable attorney fees, arising out of Carrier’s performance of services, or any violation by Carrier of applicable law or terms of this Agreement. Any attempt by Carrier to limit its liability or amend this Agreement by provisions contained in any bill of lading, delivery receipt or tariff shall be deemed null and void. Exclusions in Carrier’s insurance coverage shall not exonerate Carrier from this liability.
2.3.10. You or your driver possesses a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals, and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service.
2.3.11. You own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting offers and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind.
2.3.12. You shall be solely responsible for any and all claims, judgments and liabilities arising from any accident, loss or damage including but not limited to personal injuries, death total loss and property damages which is due to or is alleged to be a result of the motor vehicle and transportation delivery service howsoever operated.
2.3.13. You shall obey all local laws related to the operation of the transportation service and will be solely responsible for any violations of such local laws.
2.3.14. You shall perform all transportation service based on the information provided in the Service, Platform, Software and/or Application. Prior acknowledgement from freight forwarder, consignee or shipping liner needs to be obtained in the form of information updates in the Platform, Software and/or Application in the event you intend to, including but not limited to, perform the service at different date, time, destination, terminal or depot.
3.1. Indemnification of the Company
Both Customer and Carrier agree to defend, indemnify and hold the Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your (i) use of the Service, Platform, Software and/or Application, (ii) User Content, (iii) interaction with any other User, (iv) violation of this Agreement; (v) violation of applicable laws or regulations; or (vi) your Goods (if you are a Customer) or your Carriage Service (if you are a Carrier). The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company and both Customer and Carrier agree to cooperate with the Company’s defence of these claims. Both Customer and Carrier agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify both Customer and Carrier of any such claim, action or proceeding upon becoming aware of it.
3.2. Indemnification of Customer
Carrier agrees to defend, indemnify and hold Customer (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by the negligence or other intentional conduct of the Carrier or its employees or agents
3.3. Indemnification of Carrier
Customer agrees to defend, indemnify and hold Carrier (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any and all damages, claims or losses arising out of its performance of this Agreement, to the extent such damages, claims or losses are caused by the negligence or other intentional conduct of the Customer or its employees or agents
4. General Liability And Exclusions
4.1. Limitation of liability
4.1.1. Unless otherwise stated, and to the fullest extent allowed by law, any claims against the Company by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the Service during the event giving rise to such claims. The Company shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the Carriage Service through use of the Service, Platform, Software and/or Application, including but not limited to:
184.108.40.206. Loss, damage or injury arising out of, or in any way connected with the Service, Platform, Software and/or Application.
220.127.116.11. The use or inability to use the Service, Platform, Software and/or Application.
4.1.2. The Company will not be in any way responsible in the performance of the Carriage Service, transportation and delivery of the Goods.
4.1.3. Without diminishing the above, anything contained in this Agreement to the contrary, notwithstanding the performance of the obligations of the Parties hereto shall be subjected to all laws, both present and future, of any directives imposed by Government having jurisdiction over the Parties hereto, and to orders, regulations, directions, or requests of any such Government, or any department, agency, or corporation thereof, and to any contingencies resulting from war, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, or any causes of like or different kind beyond the control of the Parties (hereinafter referred to as “Contingency”), neither the Company nor the Carrier shall be liable to the Customer for any loss damage or delay due to the Contingency events which may include delay or misconnection arising from the Carrier, its agents or Company.
4.1.4. Further neither the Company nor the Carrier shall be under any liability whatsoever for any consequential loss arising out of loss or damage to Goods or delay or non-delivery or mis-delivery, however caused.
4.1.5. Neither the Company nor the Carrier is liable for acts of error and omission by any third parties involved with the carriage of the Goods, such as, but not limited to, Carriers, warehousemen and other performing party, unless there are evidence to prove that the Company failed to exercise due diligence in selecting, instructing or supervising such third parties.
4.1.6. Where it is alleged that the Company or the Carrier is liable as principal, whether by implied or expressed undertaking or through providing the ancillary services as an independent contractor, the Customer shall provide such evidence of the Company’s or the Carrier’s acts as principal, including any independent third party investigation survey report, to the Company within twenty one (21) calendar days upon the arrival of the Goods at destination or on such date the Goods should have arrived at destination.
4.1.7. If it is alleged that the Carrier is liable in respect of loss following delay or deviation of the transportation vehicle or the conveyance, such liability shall only be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay or deviation or the reasonable additional expenses incurred in respect of the reasonable recovering of delay following deviation.
4.1.8. Where the Goods have not been delivered to the destination within a period of ninety (90) calendar days after the date the Goods ought to have been delivered, in the absence of evidence to the contrary, the Goods shall be treated as lost. The value of the Goods for the assessment of compensation of loss or damage shall be determined according to the current commodity exchange price index or, if there is no such price indication available or applicable, according to any reasonable market value or, by reference to the normal value of the goods of the same kind and quality but in no event shall exceed that which is originally contained in the documentary evidence.
4.2. General Exclusions and Time Bar
4.2.1. The Company shall not be liable for any loss of profit, loss of market and/or loss opportunities caused by any delay or deviation of the vessel and/or any unreasonable delay in delivery or taking delivery of the Goods at such date the Goods should have been delivered for any reason whatsoever.
4.2.2. The Company shall be discharged from all liability if the Customer has not fully settled all freight and other charges to the Company.
5. Rates And Charges
5.1. The rates and charges for the Carriage Service will be based on the Tariffs that is published on the Platform, Software and/or Application.
5.2. An additional fixed amount of charges (“Service Fee”) will be charged per container for the use of the Service.
5.3. The Company may at any time amend and update the Tariffs in its sole discretion without any prior notice.
By using this Service, both Customer and Carrier agreed and authorized the Company to collect and or receive any moneys payable by any of the party to another in the course of using the Service including but not limited to the charges payable to the Carrier, premium payable to the insurance company/agency and charges payable to the Company.
6.1. Payment Terms for Customer
6.1.1. Payment of Shipment Fees or any charges as per the Tariffs has to be made in advance by the Customer unless satisfactory arrangements has been made with the Company.
6.1.2. The Company may grant at its sole discretion any credit facility arrangement to the Customer, in which case the payment is to be made within the specified period agreed between the Customer and the Company.
6.1.3. Any additional charges that may incur related to the rendering of the Carriage Service for whatsoever reason has to be made upon billing. These charges include, but are not limited to, detention or waiting time at each location, overnight storage, and any differences between the actual Carriage Service and the description of the Carriage Service created on the Service, Platform, Software and/or Application.
6.1.4. Charges for the Carriage Service shall be payable by the Customer without prejudice to the Company and/or Carrier’s right against the Consignee or any other person liable for the charges.
6.1.5. Any amount that is not paid when due will accrue interest at eighteen percent (18%) per annum or the maximum rate permitted by applicable law, whichever is less, on the invoice value from the date of the invoice to the date of actual payment.
6.1.6. The Customer is given fourteen (14) days grace period to dispute any invoice billed to the Customer by the Company in written form failing which all invoices are deemed as final and conclusive evidence of the acceptance of the Customer of its indebtedness to the Company in the amount stated.
6.1.7. All sums shall be paid to the Company in cash (by credit card, online bank transfer or depositing into the Company’s bank account) immediately when due without deduction and payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
6.2. Payment Terms for Carrier
6.2.1. The Company will settle all the amount due within 10 days from the end of the next billing cycle for the Carriage Service rendered successfully by the Carrier.
6.2.2. The Company retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Carrier and/or the Customer have breached any of the terms in this Agreement. In such an event, Carrier shall not hold the Company liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to the Carrier.
6.2.3. Carrier need to issue all the relevant invoices to the Company within three (3) working days.
7.1. For Booking that is yet to be accepted by the Carrier and is cancelled, Customer are entitled for full refund of the amount paid excluding the amount of the service fee.
7.2. For Booking that is accepted by the Carrier but the task is not yet started, Customer are only entitled for ninety percent (90%) refund of the amount paid excluding the amount of the insurance premium (if applicable) and the service fee.
7.3. For Booking that is accepted by the Carrier and the task has been started, no refund is available.
7.4. Only Customer can cancel a Booking. Carrier are not allowed to cancel a Booking.
7.5. Cancellation term for promotional rate shall differ from this clause and the terms stated for each promotion shall prevails.
8. Refunds And Claims
8.1. The Company will endeavor to process all refunds and claims within a period of thirty (30) days however such claims are subjected to the insurance provider process.
8.2. Any excess in insurance claims that is not covered by the Insurance Provider will be charged back to the Carrier and/or Customer if it is proven that the fault lies with the Customer.
You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
10. Modification, Suspension and Termination
The Company may do any of the following, at any time, without notice:
(i) to modify, suspend or terminate operation of or access to the Application, Software, Platform and/or Service for any reason;
(ii) to modify or change any applicable policies or terms; and
(iii) to interrupt the operation of the Application, Software, Platform and/or Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
11. License Grant and Restrictions
11.2. You shall not:
11.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software and/or Application in any way.
11.2.2. modify or make derivative works based on the Software and/or Application.
11.2.3. “mirror” the Software and/or Application on any other server or wireless or internet-based device.
11.2.4. disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract from the Software and/or Application.
11.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second,
(a) to unduly burden or hinder the operation and/or performance of the Service, Platform, Software and/or Application;
(b) to conduct data mining or scraping activities, or
(c) in any way reproduce or circumvent the navigational structure or presentation of the Service, Platform, Software and/or Application or its content.
11.2.6. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the Company of such proprietary rights.
11.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Platform, Software and/or Application.
11.2.8. use the Service, Platform, Software and/or Application to:
(a) send spam or otherwise duplicative or unsolicited messages;
(b) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
(c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
(d) interfere with or disrupt the integrity or performance of the Service, Platform, Software and/or Application or the data contained therein;
(e) attempt to gain unauthorized access to the Platform, Software and/or Application;
(f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
(g) engage in any conduct that could possibly damage our reputation or amount to being disreputable
12. Intellectual Property Ownership
The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform, Software and/or Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Agreement do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Platform, the Software, the Application or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Platform, the Software, the Application and the product names associated with the Platform, Software and/or Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Platform, the Software and the Application shall include its respective components, processes and design in its entirety
13. Anonymous Data
The Company may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as company name) that makes the data identifiable to you. The Company may use and disclose Anonymous Data for any purpose, including improving the Service.
14. Publication of Information
The Company may reproduce your name, logo, trademark on the Platform or in any other material for marketing purposes or any other purposes related to the Company.
15. Credit Reporting Consent
Pursuant to the Credit Reporting Agencies (CRA) Act 2010 and Central Bank of Malaysia Act 2009, I/we the undersigned do hereby give my/our consent to the Company and CTOS Data Systems Sdn Bhd (“CTOS”), a registered credit reporting agency under the CRA Act to process my/our company personal data. By this consent, I/we understand and agree that:
15.1. The Company may conduct credit/trade check, CCRIS and DCHEQS checks on me/us and where applicable on our directors, shareholders, guarantors, etc. with CTOS at any time for as long as I/we have a trade relationship with the Company or where any dues remain unpaid and outstanding with the Company, for any one or more of the following purposes:
– Opening of account
– Credit/Account monitoring
– Debt recovery
– Credit/Account evaluation
– Credit/Account review
– Legal documentation consequent to a contract or facility granted by the Company
15.2. The Company may disclose any information on my/our conduct of my/our account(s) with the Company, to any business entity/ies for bona fide trade checking at any time. I/We am/are also aware and understand that such information will be provided to CTOS, who may in turn share such information to subscribers of their service.
16. Internet Delays
The Service, Platform, Application and/or the Software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by the User being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
Different models or versions of web browsers, mobile devices and/or mobile operating system may have firmware or settings that are not compatible with the Platform, Software and/or Application. While we continuously develop the Platform, Software and/or Application in order to, as far as possible, support commonly used mobile devices, models and web browsers where the Platform, Software and/or Application is likely to be accessed from, we do not warrant compatibility of the Platform, Software and/or Application with specific mobile devices, models, operating system and/or web browsers.
18. Choice of Law
This Agreement is governed under Malaysian law.
19. Dispute Resolution
In the event of a dispute arising out of this Agreement, a party’s recourse be firstly resolved by negotiation and/or arbitration in accordance with the Arbitration Act (2005) and/or its subsequent amendments. The arbitration shall be conducted before one arbitrator from the Kuala Lumpur Regional Centre for Arbitration (KLRCA). Arbitration proceedings shall be conducted under the rules of the KLRCA. Upon agreement of the parties, arbitration proceedings may be conducted outside of the administrative control of the KLRCA.
20.1. The Company may give notice by means of a general notice on the Software and/or Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Unless the contrary is proved, each such notice or communication will be deemed to have been given or made and delivered, if by post 48 hours after posting, if by delivery when left at the relevant address, if by telecopier upon transmission during normal business hours (otherwise on the next following business day) subject to the correct telecopier number being received on the transmission report, or if by electronic mail when actually received in the incoming mail box of the recipient.
20.2. Notice to the Company shall be deemed given when received by the Company by electronic mail, by letter sent by courier or registered mail to the Company, using the contact details as provided in the
Platform, Software and/or Application.
21. Term of Agreement
This Agreement will remain in full force and effect while you use the Service. The Company may at any time terminate this Agreement in its sole discretion if
(a) you have breached any provision of this Agreement (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with this Agreement);
(b) the Company has elected to discontinue the Service; or
(c) for your poor performance as a Customer or Carrier in the Company’s sole discretion. Upon termination of this Agreement, your right to access and use of the Service, Platform, Software and/or Application will terminate immediately.
22. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding the use of the Service, Platform, Software and/or Application. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement may be executed in counterpart.
The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, or non‐ infringement. The Company makes no warranty that the Service: (a) will meet your requirements or expectations; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; or (d) result in any revenue, profits, or cost reduction. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures or other damages resulting from such problems.
Last modified: 11 November 2020