The terms and conditions of this Agreement govern your use of the services ("Services") provided by ZeptoLab Sdn Bhd (Company No.1176715-D) of 2-6 Block A, Jalan GC1, Glomac Cyberjaya, Cyberjaya 12, 63200 Cyberjaya, Selangor D.E. Malaysia.
("ZeptoLab" or "We" or "Us" or "Our"), a Malaysian entity, either itself or through its subsidiaries or licensees, via our mobile application or any other platforms designated by Us ("Portal").
By using the Portal, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree with its terms, please do not use this Portal and mobile apps.
The Services constitute a platform that enables our users to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers under agreement with ZeptoLab or certain of its affiliates (collectively referred as "Dispatcher").
YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.
1. WHEN YOU REGISTER WITH US
- To fully access or use the Portal, you are required to register for an account by providing, among other, your name, email address and your mobile number.
- You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and conditions of this Agreement, which may result in immediate termination of this Agreement.
- In registering an account, you shall not:
- Select or use as an account a name of another person with the intention to impersonate that person;
- Use as an account a name subject to any rights of a person other than you without appropriate authorization; or
- Use as an account a name that is otherwise offensive, vulgar or obscene.
- We reserve the right to refuse registration of, or cancel an account in our direction. You shall be responsible for maintaining the confidentiality of your password.
- Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.
2. OUR GUIDELINES TO USE THE PORTAL
- The use of this Portal is subject to our guidelines. You shall only use the Portal for lawful purpose and you are prohibited to :-
- use the Portal for sending any unlawful material or for fraudulent purposes;
- cause nuisance, annoyance, inconvenience or make fake bookings via the Portal;
- use the Portal for purposes other than obtaining the Services;
- contact a Dispatcher for purposes other than the Services;
- impair the proper operation of the Portal or Services;
- harm the Portal or Services in any way whatsoever; and/or
- copy, or distribute the Portal or other content without written permission from the Company
- We or the Dispatcher will not accept any materials and products that may be dangerous or hazardous to handling or prohibited by us. It is your responsibility to comply with current government regulations or laws applicable and the rules imposed by the Dispatcher (if any). The prohibited items such as:-
- Articles of exceptional value (such as works of art, antiques, precious stones, gold and silver);
- Box with Hazardous label - Items sent with a Hazardous label attached will be classed as such. Do not reuse old hazardous labeled boxes;
- Dangerous goods - such as Explosives / Fireworks / Radioactive Materials / Deactivated or Replica Weapons and Munitions / Firearms / Swords / Knives / Axe / Chainsaw / Anything with a blade larger than 1.5 inches / Weapons;
- Dry Ice
- Engines / Generators / Gearboxes or any part containing or having contained oil/petrol unless flushed through
- Hazardous materials such as Paint / Adhesives / Chemicals / Flammable resins/ solvents/ liquids / Compressed Air & Empty cylinders / Items containing any gases
- Human Remains / Body Fluids
- Liquids / Adhesives / Paint / Oil / Creams / Gels
- Live / Dead animals
- Money, Keys, Negotiable items / Payment cards
- Wet or Lithium Batteries or any item containing (Not including Dry Cell)
- Written Prescriptions / Prescribed Drugs / Medication / Any Controlled / Illegal substance
- Animal skins / Furs / Any animal parts including meat / ivory and ivory products
- Cheques or Tickets that are not named
- Magnets or items containing ferro-magnetic material
- Passports / Birth Certificates / Driving Licenses
- Alcohol / Tobacco and tobacco products
- Shipments cannot be delivered to PO boxes. Shipments are delivered to the receiver's address given by you but if the receiver is unable to accept service, the Dispatcher will reschedule the delivery in which additional charges will apply. You authorize the Dispatcher to contact the receiver directly.
- If the shipment is deemed to be unacceptable, or receiver cannot be reasonably identified or located, or receiver refuses delivery, the Dispatcher shall use reasonable efforts to return the shipment to you at your cost, failing which the shipment may be released, disposed of or sold by us without incurring any liability whatsoever to you or anyone else, with the proceeds applied against service charges and related administrative costs.
- You may pay for the Services via our Portal or other methods designated by us. You are not required to pay any fee to the Dispatcher directly (unless expressly stated) and if you do so without our prior knowledge, we do not consider it as payment of our Services and we will still charge you for the Services. No refund will be made for such payment made to the Dispatcher.
- Once you have completed a service using the Portal, your payment will be deducted automatically and is non-refundable. You may also top-up your account for future payment ("ZeptoCredit"). However, such top-up is not transferrable or refundable and have a validity period of one (1) year.
- We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of this Agreement.
- You agree that you will cooperate in relation to any crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
- You shall be responsible to resolve any disputes with your Card company on your own.
4. HOW WE DEAL WITH PERSONAL INFORMATION
5. HOW WE DEAL WITH CONFIDENTIAL INFORMATION
- Confidential Information is important to the both of us. In view of this, we will not disclose or use your Confidential Information and likewise, you will not disclose or use our Confidential Information. However, nothing binds us from the acts of the Dispatcher who may mishandle your Confidential Information.
- "Confidential Information" means any information disclosed or made available to you by us or vice versa, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.
- However, Confidential Information does not include information other than information that:
- is or becomes publicly known and generally available other than through your action or inaction; or
- was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
- You acknowledge, consent and agree that we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that any content violates the rights of third parties;
- respond to your requests for customer service; or
- protect our rights, property or personal safety, our users and the public.
6. DISPUTE WITH DISPATCHER
If you have any complaints in relation to the services provided by the Dispatcher, please direct it to us for our investigation. In the event that we find that the Dispatcher had not performed in a manner in compliant with his agreement with us, we may suspend or terminate his services. However, we are under no obligation to resolve the dispute between you and the Dispatcher.
7. OUR LIABILITY TO YOU WHEN YOU USE OUR PORTAL OR MOBILE APPS
You release us (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Portal, Mobile Apps and/or Services. This includes any damages or losses to your document or parcel due to the fault of the Dispatcher. We are not responsible for the actions of the Dispatcher as they are not our employees and/or agents. However, without admission to liability, we are happy to offer a non-binding compensation of a maximum amount of RM100 for any losses arising out of or in any way connected with the use of the Portal, Mobile Apps and/or Services.
8. OUR INTELLECTUAL PROPERTY RIGHTS
- You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Portal, and that you will not acquire any rights, titles, or interests in or to the Portal except as expressly set forth in this Agreement.
- You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.
- You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Portal.
- "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
- We will send a notification to your recipient via text message upon confirmed delivery order and when the Dispatcher is arriving for a pickup of the shipment
- We will send a notification when your shipment safely arrived at the designated place by the Dispatcher.
- We will send you information containing advertisements and promotions of our affiliates and partners if you have opted-in to receive them. If you have however opted out, we may still send you notification relating to on-going activities on the Portal or to inform you about new products or services provided by us.
- You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.
10. WHEN CAN WE SUSPEND OR TERMINATE YOUR ACCOUNT
- We may suspend or terminate your access to all or any part of the Portal at any time, with or without cause, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of this Agreement.
- We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time.
- We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to suspension or termination of your account.
- We reserve the right to terminate this Agreement if your account is inactivity for more than 360 days, with the date of termination being the 360th day following the date of the last transaction done by you.
11. WHAT HAPPEN AFTER TERMINATION
- In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:-
- your access to the Portal and Mobile Apps shall immediately terminate;
- you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;
- we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you; and
- any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
- In the event that this Agreement is automatically terminated for inactivity, any ZeptoCredit deposited previously will not be refunded. No written or refund request will be entertained. Prior to account termination, an email reminder for account activation will be sent out 30 days, 14 days, 7 days and 1 day in advance before actual termination date.
12. WHAT HAPPEN IF THERE IS A DISPUTE BETWEEN US
This Agreement will be governed by the Malaysian law and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.
13. CAN WE MODIFY THIS AGREEMENT
- We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Portal at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
- If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Portal. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.
- What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
14. GENERAL TERMS
- Nothing in the Agreement prohibits us from adding, withdrawing or modifying the functions and operations of the Portal and we reserve the right to do so.
- You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Portal and/or your breach of any term of this Agreement.
- This Portal may contain links to third-party web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
- If any of these terms and conditions of this Agreement is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.
- In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
- We do not represent or warrant that:-
- access to the Portal or any part of it, will be uninterrupted, reliable or fault-free; or
- the Portal or any of its contents will be accurate, complete or reliable.
- We do not guarantee or warrant that the data stored in our server or generated by the Portal will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.