Please
make sure to carefully read through these Terms before accessing or using the
Platform.
By
using or accessing the Platform, you hereby expressly affirm that:
you
have read, understand and comply these Terms and Conditions,you will comply
with Community Guidelines; and you are at least the age of legal majority in
your place of residence and otherwise legally competent to enter into
contracts.
You
also acknowledge and agree that you have the authority to enter into these
Terms personally and, if applicable, on behalf of any organization on whose
behalf you have enrolled for use of the Platform and to bind such organization
to these Terms.
IF YOU
DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM.
In
these Terms, the words “you” or “your” refer to all individuals and other
persons who access or use the Platform, including, without limitation, any
organizations that enroll or otherwise access or use the Platform through their
respective representatives or employees (“User(s)”).
We
reserve the right to change these Terms from time to time. If we make changes,
we will notify you by revising the date at the top of the Terms and, in some
cases, we will provide you with additional notice (such as adding a statement
to our homepage or sending you an email notification). We encourage you to
review these Terms periodically to stay informed about our practices. Whenever
we make changes to these Terms, they are effective when the revised Terms are
posted unless we notify you otherwise. If you continue to use the Platform
after the revised Terms have been posted, then you will be deemed to have
accepted the changes to these Terms.
In
these Terms, “Applicable Law” means applicable Malaysian laws, rules, and
regulations governing payments and all services provided hereunder, including
any and all foreign laws, treaties, rules, regulations, regulatory guidance,
directives, policies, orders or determinations of (or agreements with), and
mandatory written direction from (or agreements with) any regulatory authority,
as each of the foregoing may be amended and in effect from time to time.
1. Our
Services
Pickup-lah
is a mobile application services provided by Abang Lorry Logistics (M) Sdn.
Bhd. (“Services”) are meant to connect Users and independent third
party delivery partners (“Delivery Partner/Driver/Rider”) who provide
transportation, logistics, moving/relocation and/or delivery services. The
services provided by the Delivery Partner/Driver could be
availed/requested through the use of the Platform supplied by Abang Lorry
Logistics.
You
acknowledge that Abang Lorry Logistics by itself or any of its affiliates does
not own, employ or provide transportation and/or logistics services or function
as a transportation carrier and that all such transportation, or logistics
services are provided by Delivery Partners/Driver.
2. Use
of the Software
While
using the software provided by Abang Lorry Logistics (“Software”) you agree
that:
1. you are permitted to install a copy of the Software on your
mobile device for your use;
2. you are not permitted to rent, lease, sublicense, distribute
or transfer copies of the Software or the license for the use of the Software to
any third parties;
3. you shall not probe, scan or test the vulnerability of the
Platform or any network connected to the Platform nor breach the security or
authentication measures on the Platform or any network connected to the
Platform;
4. you shall not modify, adapt, reverse engineer, decompile,
disassemble, translate the Software or create derivative works based on the
Software;
5. you shall not interrupt the normal operation of the Software,
or use any methods to export or modify the source code of the Software;
6. you shall not upload or send any kinds of computer viruses,
worms, trojans, or malicious codes;
7. you shall not install and/or execute the Software on any
device other than the mobile device and web running the operating systems
approved by Abang Lorry Logistics; and
other than the license to use the Software granted hereof, no
other license or right is hereby granted to you and the ownership of the
Software and all other rights are hereby expressly reserved by Abang Lorry
Logistics
8.We do not knowingly collect Personal Data from any individual
under the age of 18 years old. As a parent or legal guardian, please do not
allow a minor under your care to submit Personal Data to us. In the event that
any Personal Data of a minor is disclosed to us, you hereby signify your
consent to the processing of the minor’s Personal Data as a parent or legal
guardian of the minor and personally accept and agree to be bound by this
Policy and take responsibility for his or her actions.
3. Use
of the Services
User
Account
In
order for you to use the Services, you are required to register for a personal
account (“Account”) with Pickup-lah User Application. During Account
registration, you are obligated to provide your personal information, in
accordance with our Privacy Policy.
Once
the Account registration is successfully completed with us, will be provided
with an User Account. The Services or Platform may be restricted/limited based
on your resident jurisdiction because of age, in such cases you must abide by
the age limits and not use the Services or the Platform.
You
agree that the details entered and maintained by you are accurate, complete and
valid. Abang Lorry Logistics is not liable for false, incomplete, old or
incorrect registration information provided by you. Your failure to enter or
maintain accurate, complete, and valid information may result in your inability
to access and use the Services. You are responsible for all activity that
occurs under your Account. Abang Lorry Logistics is entitled to verify the
information that you have provided at all times and refuse the use of the
Services without providing reasons and prior notice.
You are
responsible for acquiring and updating compatible hardware or devices necessary
to access and use the Services and the Applications. Abang Lorry Logistics does
not guarantee that the Services, or any portion thereof, will function on any
particular hardware or devices. Abang Lorry Logistics reserves the right to
terminate the use of the Services should you be using the Service in an
incompatible or unauthorized device or that the security of your account has
been compromised in any way or for any reason we may find.
While
using the Services, you agree that:
1. you
shall only access the Services using means explicitly authorized by Abang Lorry
Logistics;
2. the Platform and Services provided will solely be used by you
for your personal use and will not be resold to any third party;
3. you will not authorize others to use your Account;
4. you are only allowed to open a single Account;
5. transferring of your Account to any other person or legal
entity is not permitted;
6. you cannot use an account that is subject to any rights of a
person other than you without appropriate authorization;
Abang
Lorry Logistics holds the right to include/exclude the Users from promotional
offers;
1. the Services cannot be used for unlawful purposes, including
but not limited to (i) violation of Applicable Law; (ii) storing or sending any
unlawful material; (iii) sharing of sensitive personal information of others,
without their consent (iv) causing intentional harm, nuisance, inconvenience or
annoyance; (v) impairing or harming the proper operation of the Services; (vi)
exhibiting the tenor of impersonating another person; or (vii) copying or
distributing the Services without the permission of Abang Lorry Logistics;
2. your password or any identification credentials should be
secure and confidential;
3. proof of identity or other documentations needs to be
submitted immediately if requested by Abang Lorry Logistics;
4. compliance with all the Applicable Law is a must while using
the Services;
5. you will not engage with the Delivery Partner/Driver outside
of the Platform directly or indirectly;
you
shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic devices, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or any content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform.
Abang
Lorry Logistics reserves the right to bar any such activity;
1. you shall not attempt to interfere with, compromise the
system integrity or security or decipher any transmissions to or from the
servers running the Platform;
2. you shall not collect or harvest any personally identifiable
information, including account names, from the Platform;
3. you shall not engage in threatening, harassing,
discriminatory (based on race, gender, age, disability, or any other protected
classification) or any other behaviour that Abang Lorry Logistics deems
inappropriate when using the Services; and you agree to grant Abang Lorry
Logistics the right to share your information and/or permitted information with
any third parties in accordance with our Privacy Policy.
3. Mode of Communication
By creating an Account, you electronically agree to accept and
receive communications from us including via email, text message, calls, and
push notifications to the mobile device or cellphone number you provide to us .
You understand and agree that you may receive communications generated by
automatic telephone dialing systems and/or which will deliver prerecorded
messages sent by or on behalf of Abang Lorry Logistics, and/or third party
contractors, including but not limited to communications concerning orders
placed through your registration with respect to the Services. You may opt-out
by changing your notification preferences. Please note that opting out may
impact your usage of the Services.
4. Promotional Offers
Abang Lorry Logistics, at its sole discretion, may make
promotional offers with different features and different rates to any User. These
promotional offers are subject to these Terms and may be valid only for certain
Users as indicated in the offer. Abang Lorry Logistics reserves the right
to withhold or deduct credits or benefits obtained through a promotional offer
in the event that Abang Lorry Logistics determines or believes that the
redemption of the promotion or receipt of the credit or benefit was in error,
fraudulent, illegal, or in violation of the applicable promotion terms or these
Terms. Abang Lorry Logistics reserves the right to modify or cancel an offer at
any time for any reason without liability to Abang Lorry Logistics. Abang Lorry
Logistics may also offer gratuitous credits to Users, which can be used for the
Services. Any credit issued by Abang Lorry Logistics is subject to the specific
terms that Abang Lorry Logistics establishes and may not be redeemed for cash
or cash equivalent. Upon expiration, credits will be removed from your Account.
Expired credits are no longer redeemable.
You
agree that promotional offers:
1. may
only be used by the intended audience, for the intended purpose, and in a
lawful manner;
2. may
not be duplicated, sold or transferred in any manner, or made available to the
general public, unless expressly permitted by Abang Lorry Logistics;
3. are
subject to the specific terms that Abang Lorry Logistics establishes for such
promotional offer;
4.
cannot be redeemed for cash or cash equivalent; and
5. are
not valid for use after the date indicated in the promotional offer.
5.
Booking Rules
Users ensure
that they are either the owners or the authorized person of the owners of the
goods and materials comprising any requested shipments, and that the Users are
authorized to order that the shipments be made in accordance with the Users’
instructions.
Users
understand that the Delivery Partners/Driver will be directed by the User’s
instructions to transport the shipments to the User’s designated location.
Users agree that neither the Delivery Partner nor Abang Lorry Logistics holds
title to or acquires any ownership interest in any shipments that the Users
request to be delivered through the Services.
Users
shall be deemed to have accepted all information (including but not limited to
the information of the Delivery Partner and vehicle) relating to the shipment
provided by the Delivery Partner, whether or not such information is identical
to the User’s order information. After the shipment, User shall not hold Abang
Lorry Logistics liable for any inconsistency between any information in the
shipment and the order information.
Users
shall give the Delivery Partners/Driver sufficient, accurate and executable
instructions or orders. Any extra costs arising from the difference between the
Users’ provided information and the actual situation or facts involved shall be
borne by the User. Any amendment or change to a User’s instructions or orders
(and any pricing or cost changes triggered by such amendment or change) must be
approved and updated in the Application unless otherwise permitted by Abang
Lorry Logistics.
If the
Delivery Partners/Driver find that the actual item to be delivered does not
match the item description or delivering such item would violate our Rules/Terms
upon arrival at the pick-up location, Delivery Partners/Driver may refuse to
accept the order. Further, Abang Lorry Logistics may charge the User a
cancellation fee or the entire order Charge.
Users
ensure that they have complied with all laws and regulations relating to the
nature, condition, packaging, handling, storage and carriage of the goods and
materials comprising shipments. Users shall not dispatch (and Delivery
Partners/Driver are entitled to refuse transport of) any articles that are
prohibited by law, dangerous or hazardous materials, perishable substances, and
radioactive material. Users are liable for any loss or damages (including
physical damages, lost revenues, personal injuries, financial damages or
losses, or any other loss or damage) suffered by any third party as a result of
a User’s breach of these Terms.
Deliver
partner/driver shall not be required to accept for transportation any truckload
shipment which exceeds gazetted by Land Public Transport Commission (SPAD) and
Road Transport Department (JPJ) weight limit or which occupies more than the
full visible capacity of the transport which is provided or size of the lorry
that has been booked prior to pick up date even if the transport provided
may be able to carry the excess load.
Delivery
partner/Driver, manpower/ movers and Abang Lorry Logistics will not be
responsible for any damages incurred before the shipment/delivery or moving
starts.
Users
must ensure that the goods to be delivered by the Delivery Partner/Driver
do not contain or constitute:
1.
Fragile items (including flowers, cakes) without proper packaging that require
special handling and instruction to deliver partner/driver
2.
Hazardous, explosive, flammable and unsafe items (including power banks)
3.Valuable
items and documents (e.g. cash, passport, birth certificate)
4.Credit
or debit cards
5.
Illegal substances, including including duty free alcohol or cigarettes
6.
Animals (live or otherwise)
7.Any unpacked
/ loose items that can be easily damaged in transit
8.
Items exceeding size, dimensions or weight of selected vehicle type
9.
Counterfeit goods
10.
Bullion, currency in any denomination, tax stamps / stickers, bearer forms or
negotiable instruments, precious metals / stones
11.
Real or imitation weapons including firearms or parts thereof, explosives or
ammunition
12.
Human organs or remains (Ashes or bones)
13.Pornographic
material (Tangible & Intangible)
14.
Human being/Person inside the shipment/moving transportation.
6.
Shipment/Delivery/Appointment Pick up and Delivery
Delivery
Parnter/Driver shall not be liable for late deliveries or unkept appointments
due to circumstances beyond their control such as but not limited to
weather and traffic conditions, store loading and wait times, customer special
requests, and other unexpected barriers to loading or unloading.
The
rates named herein include pick up or delivery at all points within the limits
of the cities, towns, villages and other points from and to which rates apply,
but each booking will include only pick up and one delivery unless special
requests are made and the additional charges are chose at Service Application
by Users
7.
Cancellation of Booking
Cancellation of scheduled order:
Any cancellation shall be made BEFORE twenty-four (24) hours
of scheduled pick-up by cancelling the order at our platform.
If the Delivery Partners/Driver/Rider already arrived
discovers, through communication with the customer, that the customer’s items
are not eligible for the Services due to not limited to, items under the
“TRANSPORT AND GOODS LIMITATIONS” list (under clause number 5 -Booking rules)
and/or incorrect information provided by the customer that make the order
process unable to proceed.
Cancellation
of instant order:
Any
cancellation shall be made WITHIN ten (10) minutes upon booking is accepted by
Delivery Partner/Driver/Rider. If the Delivery Partners/Driver/Rider already
arrived discovers, through communication with the customer, that the customer’s
items are not eligible for the Services due to not limited to, items under the
“TRANSPORT AND GOODS LIMITATIONS” list (under clause number 5 -Booking rules)
and/or incorrect information provided by the customer that make the order
process unable to proceed.
8.
Payment of Service
a) Cash
On Delivery (COD) : Cash Payment shall borne by you (user)
b) Pickup-lah
User Wallet : We
offers you the facility to make top-up and purchase credits through User
Wallet. Abang Lorry Logistics has the absolute right to revise the prices of
any credit packages or credit amount/limits where applicable without giving
prior notice. All credits are pre-paid and are not exchangeable, returnable nor
refundable once sold unless required by the Applicable Law or otherwise
determined by Abang Lorry Logistics at its own discretion. You may top up your
Abang Lorry User Wallet through the following method Electronic Payment
Gateways
c)
Electronic Payment Gateways : You may settle the Charges through third-party
Electronic Payment Gateways. The process of the payment is subject to the
confirmation from the third party payment processor ("Payment
Processor"). Abang Lorry Logistics is not responsible for any errors on
the Payment Processor’s end. Abang Lorry Logistics shall not be responsible for
any unauthorized use of your Electronic Payment Gateways during or after
availing the Services.
9.
Limitation of Liability
Abang
Lorry Logistics is not responsible and shall not be held liable for:
1.
damage/defect/change of item/property from its original state due to
substandard packaging
2.
item/property already damaged/defected/changed before the start of the
transportation
3. quality
of the Services as it is entirely dependent on the Delivery Partner, who is
ultimately providing you the transportation and/or logistics services,
4. any
booking that is not accepted,
5. any
damages resulting from the use of or inability to use the Services, including
damages caused by wrong usage of the Services, error in call centre number,
network issues, malware, viruses or any incorrectness or incompleteness, appropriateness
of mobile or email or any other communication medium.
You
shall be responsible for immediately reporting the errors, if any, occurred in
the information sent to you regarding booking confirmation;
1. any
direct, indirect, punitive, incidental, special or consequential damages or for
any damages whatsoever, including profit and loss, whether based on contract,
tort, negligence, strict liability or otherwise, even if Abang Lorry Logistics
has been advised of the possibility; and any lost items during the
Services, Abang Lorry Logistics will try to locate the items on a "best-effort"
basis but is not responsible for any loss or damage of such items.
10.
Damage claims
Abang
Lorry Logistics shall not be responsible for any lost, stolen, damaged or
destroyed goods. You acknowledged and agreed that the your usage on the
platform for the services is at your own risk. You hereby agree that you shall
procure your own insurance coverage to proctect your goods. As part of Our
value-added Services, We will assist in ensuring the highest level of care is
administered while handling and transporting your goods but we will not accept
any liability arising therefrom
11. Indemnity
You undertake the Services at your own risk and agrees to
indemnify Abang Lorry Logistics against all costs, losses, damages, expenses
and liabilities (including for loss of reputation and goodwill and professional
advisors fees) and any claim arising from your own actions in any way in
connection with the Services, or a breach of your obligations as set forth in
these Terms and Conditions.
Abang Lorry Logistics is not liable in any way for any costs,
expenses, damages, liability or injury arising out of or in any way connected
with the Services. This limitation does not exclude any liability for
negligence by Abang Lorry Logistics or death or personal injury arising out of
such negligence
12.Governing Law:
These Terms and Conditions shall be governed by and
interpreted in accordance with Malaysian law and the parties irrevocably submit
to the exclusive jurisdiction of the Malaysian courts. We reserves the right to
update these Terms and Conditions at any time and any changes may be made
without notice to you. We recommend you to read this Terms and Conditions
periodically.