1.3 JUMBOEX is an e-commence services provider. It provides a system to connect independent third party drivers, vehicle operators or third party service providers with User(s) (as defined) but does not provide transportation services or act in any way as a transportation carrier or provider, courier or postal services provider, delivery services provider, food and beverage supplier or operator, taxi or private hire operator. The Parcel Delivery Services (as defined) are provided directly by you to the User(s) and you act as an independent, third party driver or deliverer carrying on business on your own account and not under the employment of JUMBOEX or JUMBOEX’s subsidiaries, affiliates, associated companies and/or jointly controlled entities. JUMBOEX has no responsibility or liability for any Parcel Delivery Services provided by you to the User(s).2 Definitions and Interpretations
|“Account”||means the registered account you obtain to access the Platform as Third Party Provider(s);|
|“Deliverer Application”||means the mobile application supplied by JUMBOEX for Third Party Deliverer(s) to connect with User(s);|
|“Immediate Parcel Delivery Services”||means the Parcel Delivery Services whereby the User(s) request for immediate pick up and delivery of the Parcel(s) to the destination specified by the User(s) on the same day;|
|“Intellectual Property Rights”||means patents, trademarks, service marks, registered designs, applications and rights to apply for any of those rights, trade, business and company names, internet domain names and email addresses, copyrights, database rights, know-how, rights in designs, inventions, processes and other industrial property rights;|
|“JUMBOEX”||means MFORCE E EXPRESS SDN. BHD. (Company No. 202001010457 [1366777-H]) a company incorporated in Malaysia with its registered address at 53 (Ground Floor), Lorong Perda Selatan 1, Bandar Perda, 14000 Bukit Mertajam, Pulau Pinang, Malaysia and place of business at 1485, Jalan Seruling, Kawasan Perindustrian Valdor, 14200 Sungai Jawi, Pulau Pinang operating under the name of JUMBOEX;|
|“JUMBOEX’s Policies”||means the policies pertaining to the use of the Deliverer Application, Platform and/or the Services including but not limited to the following:-
|“Parcel(s)”||means the documents, goods, packages, parcels or food that will be sent by the sender to the recipient using the services of a Third Party Deliverer(s) through Parcel Delivery Services;|
|“Parcel Delivery Services”||means one of the services available in the Deliverer Application and/or Platform where the User(s) book Third Party Deliverer(s) for the delivery of their documents/goods/parcels/foods from the designated pick up location to the destination specified by the User(s);|
|“Personal Data”||means data which can be used to identify, contact or locate an individual. Personal Data may include but not limited to your name, email address, residential address, telephone number, credit card information, personal interests, your image, government-issued identification numbers, biometric data, race, gender, date of birth, marital status, religion, health information, vehicle and insurance information;|
|“Platform”||means the related technology platform, software, portal, websites and other support systems and services that when used in conjunction with the Deliverer Application enables Third Party Provider(s) to access, request or obtain the Services;|
|“Scheduled Parcel Delivery Services”||means the Parcel Delivery Services whereby the User(s) schedule a booking for future pick up time and delivery time of the Parcel(s) to the destination specified by the User(s);|
|“Services”||means the linking of User(s) to Third Party Provider(s) or other User(s) through the Deliverer Application and/or Platform and/or Software;|
|“Software”||means any software associated with the Deliverer Application which is supplied made available for download and installation by JUMBOEX;|
|“Surviving Provisions”||shall include Clauses 1, 2, 3.2(e), 11, 12, 13, 14, 16, 17, 19, 20, 21, 23, 25, 26, 29, 31 and 34 herein;|
|“Third Party Deliverer(s)”||means the third party drivers/deliverers who have agreed to accept bookings of User(s) through the Services offered by JUMBOEX;|
|“Third Party Provider(s)”||means any independent third parties who provide the Third Party Services to User(s) through the Services, including Third Party Deliverer(s);|
|“Third Party Services”||means the Parcel Delivery Services which are made available to User(s) through the Services and any such other services which JUMBOEX may make available from time to time;|
|“User(s)”||means any person who use the User(s) Application and/or Platform to search for and obtain for Third Party Services through the Services offered by JUMBOEX;|
|“User(s) Application”||means the mobile application supplied by JUMBOEX for User(s) to connect with Third Party Provider(s);|
|“User(s) Charges”||means the standard delivery fee including any delivery fare, petrol costs, applicable tolls, parking charges, entrance fee, taxes and any other charges payable by User(s) for obtaining the Third Party Services through the use of the Services as posted on www.jumboex.com.|
|“User(s) E-Wallet”||means the electronic payment wallet operated by JUMBOEX that enables User(s) to store value electronically and to use the stored value as a means of making payment to Third Party Provider(s) for the Third Party Services;|
|“User(s) Information”||means information about User(s) made available to you by or on behalf of JUMBOEX, which may include the User(s)’ name, pick up location, designated delivery location, contact information and photo;|
|“Vehicle”||means the motor vehicle(s) which Third Party Deliverer(s) use to deliver the Parcel(s) and/or providing the Parcel Delivery Services such as motorcycle, motorcar, van or lorry.|
- a reference to “writing” does not include email unless otherwise specified;
- anything mentioned after “include”, “includes” or “including” does not limit what else might be included;
- the expression “person” or “persons” includes any individual, firm, body corporate, unincorporated association, government, state or agency of state, association, joint venture or partnership, in each case whether or not having a separate legal personality;
- unless there be something in the subject or context inconsistent therewith, the words importing the singular or the masculine gender also include the plural number or the feminine gender;
- a reference to a party to a document includes that party’s successors and permitted assigns;
3 Representations, Warranties and Undertakings
- all the information and documents provided by you shall be accurate, current, complete and not misleading. You shall undertake to provide all the documents and information as required for the use of the Deliverer Application, Platform and/or the Services and to undertake the responsibility to maintain and update your information to keep them accurate, current and complete at all times during the term of this Agreement. You agree that we 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, we have the right but not the obligation to terminate this Agreement and your use of the Deliverer Application, Platform and/or Services at any time with or without notice to you;
- to use the Software, Deliverer Application, Platform and the Services for their intended and lawful purposes only;
- not to attempt to alter, disrupt, disable or harm the Software, Deliverer Application, Platform and/or the Services in any manner whatsover;
- not to attempt to commercially exploit any part of the Deliverer Application and/or Platform without our prior written consent, including without limitation modify any of the Deliverer Application and/or Platform’s content in any way or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our prior written consent;
- not to engage in any fraudulent, deceptive, misleading, illegal or criminal conduct;
- not to use the Deliverer Application and/or Platform for sending or storing any unlawful material or for fraudulent purpose;
- not to use the Deliverer Application and/or Platform to cause nuisance or inconvenience or behave in an inappropriate or disrespectful manner towards us or any third party;
- not to copy and/or distribute the Software or other content of the Deliverer Application and/or Platform without our prior written consent;
- not to create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Deliverer Application and/or Platform except for your personal and non-commercial use;
- not to copy any content displayed through the Deliverer Application and/or Platform, including any third party product content and reviews for republication in any format or media;
- not to impair or circumvent the proper operation of the system or network which the Deliverer Application and/or Platform operates on;
- to only use an internet access point or data account which you are authorized to use and that only one (1) account can be registered on one device;
- that you solely responsible for having in place an appropriate internet and mobile plan and bear all fees charged by your telecommunications service provider;
- not to utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud us or to disrupt the natural functions of the Deliverer Application and/or Platform;
- to comply with all rules, regulations and laws applicable to you and/or your use of the Deliverer Application, Platform and/or the Services at all times;
- to fully cooperate in relation to any criminal investigation that is required and to assist us in complying with any internal or external investigations, instructions or requirements from the authorities or requirements of rules, regulations or applicable laws;
- that the Services is provided on a reasonable effort basis; and
- to assume full responsibility and liability for all loss or damage suffered by yourself, us or any other party as a result of your breach of this Agreement.
- you possess a valid driver’s license to operate a motor vehicle and have all the appropriate approvals, permits, license and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Services;
- you own or have the authority and legal rights to operate the Vehicle which you intend to use when accepting booking from User(s) and such Vehicle is in good operating condition and meets the industry safety standards for motor vehicles of its kind;
- as the provider of the Parcel Delivery Services, you shall therefore be solely responsible for the safety, efficiency and proper performance of Parcel Delivery Services using all reasonable care and skill. You shall also be solely responsible for providing and/or using all necessary equipment, materials, tools and other items necessary for the safety, efficiency and proper performance of the Parcel Delivery Services. You are also solely responsible for your own safety and the Parcel(s) in the performance of the Parcel Delivery Services and you shall take all necessary precautions;
- you will use the appropriate road safety equipment as required by applicable rules, regulations and laws (for example:- helmet or safety belt);
- you have a valid policy of liability insurance (in industry-standard coverage amounts or at least a level of coverage that satisfies the minimum requirements under the applicable laws) for the operation of your Vehicle to cover any anticipated losses (including bodily damage or property damage) related to the operation of the Parcel Delivery Services and you shall maintain in force policy of such insurance and shall not do anything that permit such insurance to lapse or do anything that will make policy of such insurance to be void or voidable. We do not control or advise you on your insurance arrangements or arrange the insurance on your behalf;
- you shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Parcel Delivery Services provided by you;
- you shall obey all the applicable rules, regulations and laws related to the Parcel Delivery Services and the operation of the Vehicle and will be solely responsible for any violations of such rules, regulations and laws;
- you will promptly provide us with any additional documents or information requested by us, including proof of identity, proof of ownership or right to use the Vehicle or proof of valid motor vehicle insurance. You acknowledge and agree that you may be subject to background, criminal record and/or driving record checks from time to time and you will cooperate with these as required by us;
- you shall not contact User(s) for purposes other than in connection with the Services and shall not use the User(s) Information and/or recipient information for any purposes other than for the Parcel Delivery Services;
- you shall not reverse look-up, trace or seek to trace any information on any other User(s) of or visitor to the User(s) Application, Deliverer Application and/or the Platform or any of our customer, including without limitation any user account not owned by you, to its source or exploit the User(s) Application, Deliverer Application or Platform or any service or information made available or offered by or through the User(s) Application, Deliverer Application and/or the Platform in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information other than your own information, as provided for by the User(s) Application, Deliverer Application and/or the Platform;
- you shall not promote competitors’ applications, websites, products or services, giving out coupons and suggesting any other form of discounts to the User(s) without our prior written consent; and
- if you are required to and do sign up for an Account on behalf of your employer, your employer shall be the owner of the Account and you represent and warrant that you have the authority to bind your employer to this Agreement.
You represent and warrant to us that your representations and warranties are true, accurate and correct in all respects at the date of this Agreement and will continue to be so throughout the term of this Agreement and acknowledges that we have entered into this Agreement in reliance upon, amongst other things, your representations and warranties herein but however, your warranties herein shall not be affected or limited in any way by information gathered by us.4 Covenants and Responsibilities of Third Party Deliverer(s)
4.1 You shall not accept any Parcel(s) containing or which you believe may contain any of the below items:-
- Fragile items (including flowers, cakes) that require special handling;
- Perishable items that require refrigeration or a controlled environment;
- Hazardous, explosive, flammable and unsafe items (including power banks);
- Valuable items and documents (including cash, passport, birth certificate; ownership certificate/title);
- Credit or debit cards;
- Illegal substances, including but not limited to narcotic substances, alcohol, cigarettes or other products that cause addiction;
- Animals (live or otherwise) and plants;
- Any unpacked / loose items that can be easily damaged in transit;
- Counterfeit goods;
- Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones;
- Real or imitation weapons including firearms, weapons or parts thereof, explosives or ammunition;
- Human remains or body parts;
- Pornographic material in any form;
- Gambling device and lottery ticket;
- Government-controlled goods;
- Goods resulting from crime (including stolen goods);
- Other goods which are prohibited by applicable rules, regulations and laws;
- Items having size, dimensions or combined weight in excess of 43cm (L) x 43cm (W) x 43cm (H) or 10kg if the User(s) book for Parcel Delivery Services by using motorcycle; OR
items having size, dimensions or combined weight in excess of 100cm (L) x 50cm (W) x 50cm (H) or 50 kg if the User(s) book for Parcel Delivery Services by using motorcar;
- Items that exceed the vehicle’s carrying capacity; and/or
- Any item(s) of an aggregate value exceeding RM200.00 (Ringgit Malaysia Two Hundred).
- take all reasonable precaution to prevent unauthorised persons from having access to the Parcel(s) and shall also take all reasonable precaution against loss of or damage to the Parcel(s);
- make reasonable effort to deliver the Parcel(s) according to the respective delivery schedules; and
5 Your Account
5.1 In order to access the Services as an independent driver or vehicle operator, you will need to register and maintain an Account as the user of Deliverer Application.
5.2 You hereby agree that:-
- you are responsible for all activities conducted on your Account;
- you must only have one Account;
- you must keep your Account information (including your login details, hints and password) confidential and secure;
- you must not provide any other person with access to your Account, including not to authorize others to use your identity or status and you may not assign or otherwise transfer your Account or any rights granted to you or information from your Account to any other person or entity without our prior written consent; and
- you must promptly notify us if you suspect any unauthorised access to or use of your Account.
- if we deem, in our sole discretion, that you have violated any of the terms and conditions of this Agreement or JUMBOEX’s Policies;
- if you breach any terms and conditions of any other agreement entered with us;
- if all or any part of the representations and/or warranties given by you in this Agreement at any time discovered to be false or untrue;
- if we deem, in our sole discretion, that your Account may be used for or be involved in any fraudulent, illegal or other criminal activity;
- during an investigation on you;
- if you owe any money to us;
- if this Agreement is terminated for any reason; or
- at any time deem reasonable to us.
6 Payment Terms
6.1 Payments to and from you made under this Agreement will be in Ringgit Malaysia. You hereby acknowledge, agree and confirm that we are irrevocably authorised by you to administer all payments to you and act as your collection agent of the User(s) Charges from the User(s) and to pay you the total amount of the User(s) Charges due to you in respect of your provision of the Parcel Delivery Services after the deduction of the Service Fee (as defined below) or any amounts owed to us.
6.2 You are entitled to charge User(s) a fee for the Parcel Delivery Services according to the User(s) Charges posted on www.jumboex.com or as shown in the Deliverer Application. The User(s) Charges are determined by us at our absolute discretion based on the weight, size, specification, distance, points of pick up and destination, mode of transportation of the Parcel(s) and any other relevant factors. The User(s) Charges shall cover the standard delivery fee including delivery fare, petrol costs, any applicable tolls, parking charges, entrance fee, sales and service tax or similar taxes and any other charges for the delivery of the Parcel(s) to the designated delivery location. The guidelines on the User(s) Charges may be amended, revised and/or updated at our absolute discretion at any time for any reasons without prior notice and it shall be effective upon posting of the updated version on www.jumboex.com.
6.3 In the event of cancellation of booking for Parcel Delivery Services by User(s), you may be allowed to charge User(s) a cancellation fee based on the followings:-
- a cancellation fee of fifty per centum (50%) of the User(s) Charges if a User(s) cancels the booking for Immediate Parcel Delivery Services after being matched to a Third Party Deliverer(s); or
- a cancellation fee of fifty per centum (50%) of the User(s) Charges if a User(s) cancels the booking for Scheduled Parcel Delivery Services within two (2) hours before the scheduled time for pick up of the Parcel(s) at the pick up location
6.4 You acknowledge and agree that we may, to the extent permitted by applicable laws, adjust, revise or cancel the User(s) Charges and/or Cancellation Fee (or any part thereof) payable to you in connection with a particular instance of Parcel Delivery Services when we have reasonable reason to believe that there is an error in the original calculation, that you have not complied with this Agreement or the JUMBOEX’s Policies, that a fee was charged when it should not have been (or vice versa) or in the case of a complaint from a User(s).
6.5 User(s) may opt to pay the User(s) Charges, the Cancellation Fee and any other amounts payable by User(s) for obtaining or using the Parcel Delivery Services using the payment methods offered via the User(s) Application and/or Platform from time to time, including (where applicable) credit or debit card, online banking, User(s) E-Wallet or by using vouchers or promotional codes.
6.6 In consideration of the Services provided by us to you, a service fee shall be payable by you to us (“Service Fee”) for each and every booking for Parcel Delivery Services accepted by you and the Service Fee shall be twenty per centum (20%) of the User(s) Charges or as determined by us from time to time at our absolute discretion, subject to any limit stipulated by the applicable laws. We may change or revise the Service Fee as we deem fit in our absolute discretion from time to time. The Service Fee which you pay to us for the Services are due immediately upon acceptance of booking and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Deliverer Application and/or Platform or use of our Services, our decision to terminate or suspend your access to the Deliverer Application and/or Platform or use of our Services, disruption caused to the Services whether planned, accidental or intentional, or for any reason whatsoever.
6.7 You hereby acknowledge, agree and confirm that we are irrevocably authorised by you to deduct the Service Fee or any amount owed to us from the User(s) Charges before remitting the balance of the User(s) Charges to you. After the deduction by us of the Service Fee or any amounts owed to us, the balance of the User(s) Charges and/or Cancellation Fee, if any, will be remitted to your bank account registered in our system biweekly basis after the Parcel Delivery Services are completed or the cancellation of the booking for the Parcel Delivery Services, whichever is applicable.
6.9 We may, at our sole discretion, make promotional offers with different features and different rates to the Parcel Delivery Services to any of the User(s) and these promotional offers shall be honored by you accordingly.
7 Incentive to Third Party Deliverer(s)
7.1 We may offer incentive payments to you based on you meeting specified criteria and complying with specified conditions, this Agreement and JUMBOEX’s Policies at our absolute discretion from time to time. You have the absolute discretion to decide on whether or not to participate in the incentive programme. If you do decide to participate, any incentive payments are conditional on you meeting all of the specified criteria and complying with all of the specified conditions, this Agreement and JUMBOEX’s Policies to our satisfaction. If you do not do so, you may not receive the relevant incentive payments. If you receive an incentive payment, the amount of the payment will be remitted to your bank account registered in our system. For the avoidance of doubt, we reserve the right to modify, cancel and/or limit such incentives at any time or refuse to provide such incentives to any person or bodies at our absolute discretion without any compensation.
8.1 The User(s) rely on you for delivery or provision of the Parcel Delivery Services. You agree that high and/or frequent cancellation rates or ignoring the User(s)’ booking will impair the User(s)’ experience of the Services and the reputation and image of JUMBOEX negatively.
8.2 While you may cancel an booking, the cancellation shall be based on acceptable cancellation reasons as shown below:-
- Vehicle break down or road accident;
- cancellation requested by User(s);
- cancellation due to Parcel(s) is found or suspected to be under the list of prohibited items in Clause 4.1 herein;
- incorrect information or specification of the Parcel(s) provided by User(s) resulting in the inability to provide the Parcel Delivery Services;
- User(s) and/or the recipient is unreachable physically or uncontactable after ten (10) minutes from the time arrival at the designated pick up location;
- designated pick up location or delivery location are out of reach or within restricted area due to act of God, work stoppages, strikes, industrial disputes, war, any act of government, lockdown, accidents, traffic obstructions or congestion or other events of force majeure
Notwithstanding the above, the Acceptable Cancellation Reasons will only be accepted by us if they are supported with relevant documentary proof, information and/or verification from User(s) or any relevant third party and/or such other documents or information as may be required by us and all the requested documentary proof, information and/or verification required by us shall be submitted to us within twenty four (24) hours from the date of request for cancellation of booking by you.
8.3 We reserve the absolute right to amend the Acceptable Cancellation Reasons from time to time.
8.4 A cancellation that is not based on one of the Acceptable Cancellation Reasons or ignoring a booking for Parcel Delivery Services may be counted in determining if your access to the Services will be temporarily restricted. In the event of cancellation of booking without Acceptable Cancellation Reasons by you, the following penalties will apply:-
- for first (1st) cancellation, you shall be suspended for accessing or using the Services for four (4) hours;
- for second (2nd) cancellation, you shall be suspended for accessing or using the Services for one (1) day;
- for third (3rd) cancellation, you shall be suspended for accessing or using the Services for three (3) days;
- for fourth (4th) cancellation, you shall be suspended for accessing or using the Services for five (5) days; and
- for fifth (5th) cancellation, you shall be permanently banned for accessing or using the Services.
9 Your interactions with User(s)
9.1 Your provision of Parcel Delivery Services to User(s) create a direct relationship between you and the User(s), to which we are not a party. We are not responsible or liable for the acts or omissions of a User(s) in relation to you and the provision of the Parcel Delivery Services by you are at your own risk. You have the sole responsibility for any obligations or liabilities to User(s) or third parties that arise from your provision of the Parcel Delivery Services.
9.2 Although you are solely responsible for the Parcel Delivery Services, we may assist to deal with any complaints that User(s) have filed through our complaints handling process or any complaints that you may have about any User(s). You agree to cooperate fully with such process and to submit any complaint you may have through the contact details set out in Clause 34 herein. We also reserve the right at our discretion to redirect any such complaints by any User(s) to you directly and may choose to facilitate discussions with the User(s). You agree to comply with the terms of this Agreement, JUMBOEX’s Policies and the applicable laws in your handling of such User(s)’ complaints.
10 Your interactions with third parties
10.1 During use of the Services, you may enter into correspondence with, purchase goods and/or services from or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Deliverer Application, Platform and/or Services. Any such activity and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We and our licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. We do not endorse any applications or sites on the internet that are linked through the Deliverer Application, Platform and/or Services and in no event we shall be responsible for any content, products, services or other materials on or available from such sites or third party providers. We provide the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third party providers may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services and we are not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.
10.2 We may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services and/or to earn additional revenue. By agreeing to the terms and conditions of this Agreement, you agree to receive such advertising and marketing. If you do not wish to receive such advertising you should notify us in writing immediately or in accordance with the procedure determined by us. You agree and allow us to compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any other third party providers, advertisers and/or sponsors you interact with through the Services and/or advertising or marketing material supplied through the Services.
11 Your relationship with us
11.1 Your relationship with us is that of an independent third party service provider. You expressly acknowledge and agree that:-
- this Agreement is not an employment agreement, nor does it create an employment relationship (including from a labour and employment law, tax law or laws relating to statutory contributions perspective (for example:- contributions to employees provident fund, social security organization and employee insurance system) between you and us; and
- no joint venture, partnership or agency relationship exists between you and us. You have no authority to bind us and you undertake not to hold yourself out as an employee, agent, worker or representative of JUMBOEX.
12 Limitation of Liability
12.1 Unless otherwise stated and to the fullest extent allowed by law, in no event shall our maximum aggregate liability arising under or in connection with the Services and/or this Agreement exceed the Service Fee paid to us in connection with your Account in the one (1) month period immediately preceding the event giving rise to the claim. We and/or our licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or any person including but not limited to:-
- loss, damage or injury arising out of or in any way connected with the Deliverer Application, Platform and/or the Services;
- the use or inability to use the Deliverer Application, Platform and/or the Services;
- any reliance placed by you on the accuracy, completeness or existence of any advertising or promotional offers; or
- as a result of any relationship or transaction between you and the User(s) which are referred to by the Deliverer Application, Platform and/or by the Services.
- your use or misuse of the Software, Deliverer Application, Platform and/or Services in your dealings with the User(s);
- your provision of the Parcel Delivery Services;
- your violation of any rights of any third party, including but not limited to the Vehicle that you have control over, other motorists or road users and pedestrians as a result of your interaction with any third party;
- your ownership, use or operation of the Vehicle;
- any claim asserting that you are an employee, worker, agent or representative of JUMBOEX, JUMBOEX’s subsidiaries, affiliates, associated companies and/or jointly controlled entities or if you may be deemed to be an employee, worker, agent or representative of JUMBOEX, JUMBOEX’s subsidiaries, affiliates, associated companies and/or jointly controlled entities, any claims by any other person, entity, government authority based on such implied employment, worker, agency or representative relationship, including in respect of statutory contributions, wages, duties, withholdings, social security and insurance contributions and premiums (for example:- contributions to employees provident fund, social security organization and employee insurance system) and premiums or similar payments or liabilities;
- any claim by you or a person acting on your behalf that we rather than the Third Party Provider(s) is the provider of the Third Party Services; and/or
- taxes and tax liabilities, duties, levies, claims and penalties that are imposed on you in connection with your own income arising from your provision of Parcel Delivery Services or in connection with you provision of Parcel Delivery Services or otherwise arising from your failure to comply with your tax obligations. For the avoidance of doubt, you shall be solely liable and responsible for all taxes and tax liabilities, duties, levies, claims and penalties that are imposed on you in connection with your own income arising from your provision of Parcel Delivery Services or in connection with your provision of the Parcel Delivery Services.
14 Term and termination
14.1 This Agreement shall continue until terminated in accordance with the terms and conditions of this Agreement.
14.2 You hereby agree that we may terminate this Agreement at any time for any reason by giving seven (7) days’ prior notice to you without assigning any reasons.
14.3 Notwithstanding Clause 14.2 herein or anything to the contrary contained in this Agreement, without prejudice to our other rights and remedies, we are entitled to terminate this Agreement immediately with or without notice upon the occurrence of any of the following events:-
- if you breach any obligations, undertakings, terms and conditions of this Agreement;
- if you breach any terms and conditions of any other agreement entered with us; and/or
- if all or any part of the representations and/or warranties given by you in this Agreement at any time discovered to be false or untrue.
14.5 On termination of this Agreement for any reason, you shall:-
- immediately delete and fully remove the Deliverer Application from your mobile device;
- promptly (and in any event within three (3) days), pay any money owed to us (which shall become immediately due and payable on termination) (and, for this purpose, you hereby authorize us to deduct the relevant amount from the outstanding User(s) Charges to be remitted to you for the Parcel Delivery Services provided by you, if any); and
- the parties shall have no further obligations or rights under this Agreement after termination of the Agreement, without prejudice to any obligations or rights which have accrued to either party at the time it is terminated, save that the Surviving Provisions of this Agreement and any other clause which expressly or by its nature is intended to survive, shall continue to have effect after the end of this Agreement.
15.1 The Deliverer Application, Platform and Software may not be compatible to certain models or versions of routers, browsers or devices. We do not warrant compatibility of the Deliverer Application, Platform and Software with specific mobile devices or other hardware.
16 License Grant and Restrictions
16.2 You hereby agree and undertake that you shall not:-
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software and/or Deliverer Application in any way;
- modify or make derivative works based on the Software, Deliverer Application and/or Platform;
- "mirror" the Software, Deliverer Application and/or Platform on any other server or wireless or internet-based device or except to the extent such restriction is prohibited under applicable law, reverse engineer or access the Software, Deliverer Application and/or Platform in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the Software, Deliverer Application and/or Platform or copy any ideas, features, functions or graphics of the Software, Deliverer Application and/or Platform;
- use any manual or automated program or script (i) which may burden or hinder or affect the operation and/or performance of the Deliverer Application and/or Platform, (ii) to conduct data mining or scraping activities, or (iii) in any way reproduce or circumvent the navigational structure or presentation of the Deliverer Application and/or Platform or its contents;
- post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- remove any copyright, trademark or other proprietary rights notices contained on the Deliverer Application and/or Platform; or
- use the Deliverer Application and/or Platform to:-
- send spam or otherwise duplicative or unsolicited messages or online communications in violation of applicable laws; (ii) send or store infringing, obscene, discriminatory, threatening, harassing, defamatory, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software, Deliverer Application and/or Platform or the data contained therein; (v) attempt to gain unauthorized access to the Deliverer Application and/or Platform or its related software, systems or networks; (vi) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (vii) cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to us (and our officers, directors, members, employees and agents), any User(s), third party providers or any other party; or (viii) damage our reputation in any way.
17 Intellectual Property Ownership
17.1 We and our licensors, where applicable shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Software, Deliverer Application and/or Platform and by extension, the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services or any Intellectual Property Rights owned by us or our licensors. Our name, logos and marks associated with the Services and the Third Party Provider(s)’ names, logos, marks and the product names associated with the Third Party Services are trademarks of JUMBOEX or the Third Party Provider(s) and no right or license is granted to you to use them. For the avoidance of doubt, the term the Software and the Deliverer Application herein shall include its respective components, processes and design in its entirety.
18.1 You acknowledge and agree that this Agreement is subject to all applicable 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 shall comply with all applicable rules, regulations, laws and further agree to use your best efforts to take all steps required to enable, assist and/or defend us to claim, declare or verify any input tax credit, set off, rebate, repay or refund in respect of any taxes paid or payable in connection with the Services supplied by us under this Agreement.
19.1 You shall hold all information and data relating to us and our subsidiaries, affiliates, associated companies and/or jointly controlled entities or our services, products, business affairs, marketing and promotional plans or other operations which are disclosed to you by or on behalf of us (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from us or any of our subsidiaries, affiliates, associated companies and/or jointly controlled entities or created in the course of this Agreement in the strictest confidence and will never without our prior written consent, disclose such information to any third party nor use it for any other purpose, other than to use such information to enable your usage of the Services or provision of the Parcel Delivery Services.19.2 The above confidentiality obligations shall not apply to any information which:-
- was already in your possession without confidentiality obligations prior to your receipt;
- is at the time of disclosure already publicly available or subsequently becomes available to the public through no fault or omission on your part;
- was lawfully obtained from a third party having the right to disclose it without any confidentiality obligations, provided such third party is not, to your knowledge, in breach of any confidentiality obligations relating to such information; or
- is required to be disclosed by law.
20 Data Privacy and Personal Data Protection Policy
20.4 You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by us and not for any other unauthorised purposes.
21 Disclaimer of Warranties
21.1 The Deliverer Application and/or Platform, their contents and any related service(s) are provided to you on an “as is” and “as available” basis. You agree and confirm to use the Software, Deliverer Application, Platform, the Services and/or any related service(s) solely at your own risk and expense.
21.3 We do not guarantee that your use of the Services will generate any minimum number of bookings for Parcel Delivery Services or any minimum User(s) Charges for you.
22 Internet Delays
22.1 The Software, Deliverer Application, Platform and/or the Services may be subject to interruptions, limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. We shall not be held responsible for any delays, failures, damages or losses resulting from such problems.
23.1 We may give notice to you by means of a general notice published on the Deliverer Application or otherwise via the Platform, electronic mail to your email address in our records or by written notice sent by registered mail or pre-paid post to your address in our record. Such notice shall be deemed to have been given immediately upon publishing on the Deliverer Application or otherwise via the Platform or upon the expiration of forty eight (48) hours after mailing or posting (if sent by registered mail or pre-paid post) or one (1) hour after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) by letter sent by courier or registered mail to us using the contact details as provided in Clause 34 herein.
24 Successors and Assignment
25 Dispute Resolution
26.1 If any provisions of this Agreement or any part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
27 No Waiver
27.1 No failure or delay on the part of any party in exercising any power or right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of such right or power preclude any other or further exercise thereof or the exercise of any other right or power.
28 Suspension and Termination
- to modify, limit, suspend or terminate operation of or access or use to the Software, Deliverer Application, Platform and/or the Services (including access or use to your Account and/or the availability of any products or services) for any reason;
- to interrupt the operation of the Deliverer Application and/or Platform or any portion of the Deliverer Application and/or Platform (including access to your Account), 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.
29 No Third Party Rights or Assignment
29.1 Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement.
30.1 Time wherever mentioned in this Agreement shall be of the essence of the contract.
31.1 We shall reserve the right to make any amendment, variation, revocation, cancellation, substitution or waiver of, or addition or supplement to any of the provisions of this Agreement at any time.
32 Force Majeure
32.1 We shall not be held liable for any delay or failure or disruption of the content or services delivered through the Deliverer Application and/or Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, lockdown, orders of domestic or foreign courts or tribunals or non-performance of third parties.
33.1 This Agreement comprises the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or discussions.
34 Our Contacts
MFORCE E EXPRESS SDN. BHD. (Company No. 202001010457 [1366777-H])
Address: 1485, Jalan Seruling, Kawasan Perindustrian Valdor, 14200 Sungai Jawi, Pulau Pinang
Contact Number: 04-545 2233
Email: [email protected]