Terms and Conditions - User

Section A – General Terms

1 Introduction

1.1 These Terms of Use govern your access and use of the User(s) Application (as defined), Platform (as defined), Services (as defined) and the use of any information, functions and/or services made available by us at the User(s) Application and/or Platform. Before using this User(s) Application, Platform or the Services, you must read carefully and accept these Terms of Use and JUMBOEX’s Policies (as defined) and you must consent to the processing of your personal data in the manner stipulated in the Privacy Policy set out at www.jumboex.com. By accessing the User(s) Application, Platform or using the Services, you agree to be bound by these Terms of Use, JUMBOEX’s Policies and any amendments to the foregoing issued by us from time to time. JUMBOEX (as defined) may amend the Terms of Use and the JUMBOEX’s Policies at any time. Such amendments shall be effective upon the posting of an updated version on www.jumboex.com. It is your responsibility to review the Terms of Use and JUMBOEX’s Policies regularly. Your continued use of the User(s) Application, Platform or the Services after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments. If you do not agree to these Terms of Use and JUMBOEX’s Policies,  please do not access or use this User(s) Application, Platform or the Services.

1.2 These Terms of Use constitute a legally binding agreement between you and JUMBOEX (“Agreement”).

1.3 JUMBOEX is an e-commence services provider. It provides a system to connect independent third party drivers, vehicle operators and/or third party service providers with User(s) (as defined) but does not provide transportation services, nor act 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, nor act as an agent for any such person or entity. All Third Party Services (as defined) are provided directly to you by the Third Party Provider(s) (as defined) who are independent and carrying out business on his/her 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 Third Party Services provided to the User(s).


2 Definitions and Interpretations

2.1 Definitions
In these Terms of Use, the following terms have the following meanings:-
“Account” means the registered account you obtain to access the Platform as 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 User(s) Application, Platform and/or the Services including but not limited to the followings:-
  1. the Privacy Policy set out at www.jumboex.com (as amended from time to time); and
  2. all other forms, codes of conducts, policies, notices, guidelines, frequently asked questions or agreements provided to or entered into by you from time to time;
“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 User(s) 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, shipping 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 User(s) Application enables the User(s) to access, request or obtain the Services;
“Privacy Policy” means the privacy policy set out at www.jumboex.com as amended from time to time;
“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);
“Service Fee” means the service fee payable by the Third Party Deliverer(s) to JUMBOEX for each and every booking of Parcel Delivery Services accepted by the Third Party Deliverer(s) whereby the service fee shall be twenty per centum (20%) of the User(s) Charges or as determined by JUMBOEX from time to time at the absolute discretion of JUMBOEX;
“Services” means the linking of User(s) to Third Party Provider(s) or other User(s) through the User(s) Application and/or Platform and/or Software;
“Software” means any software associated with the User(s) Application which is supplied made available for download and installation by JUMBOEX;
“Surviving Provisions” shall include Clauses 1, 2, 5, 9, 12, 13, 14, 15, 17, 20, 22, 24, 26 and 30 herein;
“Terms of Use” means these terms of use in this Agreement including any modifications and/or variations as may be made by JUMBOEX from time to time;
“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 the 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 delivery fare, petrol costs, any 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) E-Wallet Account” means the electronic payment wallet account open or activated by the User(s) to access the virtual wallet.

2.2 Interpretations
In these Terms of Use (except where the context otherwise requires):-
  1. a reference to “writing” does not include email unless otherwise specified;
  2. anything mentioned after “include”, “includes” or “including” does not limit what else might be included;
  3. 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;
  4. 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;
  5. a reference to a party to a document includes that party’s successors and permitted assigns;
  6. no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Use or any part thereof.

3 Representations, Warranties and Undertakings

3.1 By accepting these Terms of Use or by accessing or using the User(s) Application and/or Platform to obtain the Services, you acknowledge, agree, represent, warrant and/or undertake the following:-
  1. you are at least eighteen (18) years of age and you have the full power and authority to enter into and be legally bound by these Terms of Use;
  2. 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  User(s) 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 User(s) Application, Platform and/or Services at any time with or without notice to you;
  3. to keep your Account login id, hints and password or any identification we provide you which allows access to the User(s) Application and/or Platform private and secure;
  4. that only one (1) Account can be registered on one device;
  5. to notify us immediately of known or suspected unauthorized access or use of your Account or any other breach of security;
  6. not to authorize others to use your identity or user status and you may not assign or otherwise transfer your Account  or any rights granted to you to any other person or entity without our prior written consent, failing which, we reserve the right to block or deny access to your Account without notice;
  7. that we may consider an Account to be dormant if there has been no transaction made by you on your Account for a period of six (6) consecutive months from the last date of transaction and deactivate or restrict access to your Account based on our absolute discretion;
  8. to use the Software, User(s) Application, Platform and the Services for their intended and lawful purposes only;
  9. not to attempt to alter,  disrupt, disable or harm the Software, User(s) Application, Platform and/or the Services in any manner whatsover;
  10. not to use the Software, User(s) Application, Platform and/or the Services to cause nuisance, annoyance, inconvenience or make fake bookings;
  11. not  to attempt to commercially exploit any part of the User(s) Application and/or Platform without our prior written consent, including without limitation modify any of the User(s) 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;
  12. not to use the User(s) Application and/or Platform  for sending or storing any unlawful material or for fraudulent or illegal purpose;
  13. not to use the User(s) Application and/or Platform  to cause nuisance or inconvenience or behave in an inappropriate or disrespectful manner towards us or any third party;
  14. not to copy and/or distribute the Software or other content of the User(s) Application and/or Platform  without  our prior written consent;
  15. not to create or compile directly or indirectly any collection, compilation or other directory from any content displayed on the User(s) Application and/or Platform  except for your personal and non-commercial use;
  16. not to copy any content displayed through the User(s) Application and/or Platform, including any third party product content and reviews for republication in any format or media;
  17. not to impair or circumvent the proper operation of the system or network which the User(s) Application and/or Platform  operates on;
  18. 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;
  19. that you solely responsible for having in place an appropriate internet and mobile plan and bear all fees charged by your telecommunications service provider;
  20. 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 User(s) Application and/or Platform;
  21. to comply with all rules, regulations and laws applicable to you and/or your use of the User(s) Application, Platform and/or the Services at all times;
  22. not to engage in any fraudulent, deceptive, misleading, illegal or criminal conduct;
  23. to assist us with any internal or external investigations as may be required by us in complying with any prevailing laws or regulations in place;
  24. not to contact the Third Party Provider(s) for purposes other than the Services;
  25. you shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider(s) or their motor vehicles;
  26. that the Services is provided on a reasonable effort basis; and
  27. 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 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.


Compatibility

4.1 The User(s) 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 User(s) Application, Platform and Software with specific mobile devices or other hardware.


5 License Grant and Restrictions

5.1 Subject to your compliance of these Terms of Use, we  and our licensors, where applicable, grant you a revocable, non-exclusive, non-sublicensable, non- transferable, limited license to use and access the Software, User(s) Application and/or Platform to use the Services pursuant to the terms and conditions of this Agreement. All rights not expressly granted to you under these Terms of Use are reserved by us and our licensors. Nothing in these Terms of Use transfers any ownership in or to the Software, User(s) Application, Platform and/or the Services (in whole or in part) to you.

5.2 You hereby agree and undertake that you shall not:-
  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software, User(s) Application and/or Platform in any way;
  2. modify or make derivative works based on the Software, User(s) Application and/or Platform; 
  3. "mirror" the Software,  User(s) 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,  User(s) 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,  User(s) Application and/or Platform or copy any ideas, features, functions or graphics of the Software,  User(s) Application and/or Platform;
  4. use any manual or automated program or script (i) which may burden or hinder or affect the operation and/or performance of the User(s) 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 User(s) Application and/or Platform or its contents;
  5. 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;
  6. remove any copyright, trademark or other proprietary rights notices contained on the User(s) Application and/or Platform; or
  7. use the User(s) Application and/or Platform to:-
    1. send spam or otherwise duplicative or unsolicited messages or online communications in violation of applicable rules, regulations and/or laws;
    2. 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;
    3. send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
    4. interfere with or disrupt the integrity or performance of the Software, User(s) Application and/or Platform or the data contained therein;
    5. attempt to gain unauthorized access to the User(s) Application and/or Platform or its related software, systems or networks;
    6. impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
    7. cause nuisance, annoyance, inconvenience, harassment, personal injury or property damage, whether to us (and our officers, directors, members, employees and agents), any other User(s), Third Party Provider(s) or any other party; or
    8. damage our reputation in any way.

6 Payments

6.1 Any payments from you made under this Agreement shall be in Ringgit Malaysia and shall be payable to us for our onward payment to the Third Party Provider(s) pursuant to these Terms of Use and  our arrangements with the Third Party Provider(s).

6.2 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 comprise of the standard delivery fee including delivery fare, any applicable tolls, parking charges, entrance fee, sales and services tax or similar taxes and any other charges payable by User(s) to for obtaining the Third Party Services through our Services. Please refer to the latest pricing and dimension guidelines posted on www.jumboex.com. 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. Nevertheless, we retain the right to charge additional fees in addition to the User(s) Charges if the User(s) provides wrong or incomplete booking information (including contact details, delivery address or identity of recipient). 

6.3 All amounts payable by you for obtaining or using the Third Party Services through our Platform under these Terms of Use are final and non-refundable and must be paid to us using the payment methods available via the  User(s) Application and/or Platform from time to time, including (where applicable) by credit or debit card, online banking,  User(s)  E-Wallet or by using vouchers or promotional codes immediately upon completion of booking.

6.4 You hereby grant us the full authority and power to debit any amount payable by you  using the default payment method designated in your Account and remit the User(s) Charges or the amounts payable by you for obtaining or using the Third Party Services on your behalf to the Third Party Provider(s), after deduction (where applicable) of the Service Fee or the relevant amounts by us in accordance with our arrangements with the Third Party Provider(s).

6.5 If third party payment methods are available to you, your use of the third party payment method is subject to the terms and conditions of the relevant third party providing such payment method and may also be subject to separate charges or taxes imposed by the third party provider. We make no representation, warranty or guarantee regarding the availability, reliability, timeliness, quality, suitability and/or security of such third party payment methods and shall not be responsible to you or such third party provider in respect of your use of any third party payment method, including any interruptions, limitations, delays, or failures of the third party payment method.

6.6 Without prejudice to our other rights and remedies, we reserve the right to suspend the processing of any transaction where we have reasonable reason to believe that the transaction may be fraudulent, illegal or involves any criminal activity or where you have breached any of the Terms of Use in this Agreement or any of the applicable laws. In such event, you shall not hold us liable for any withholding of, delay in, suspension of or cancellation of any payment(s) or promotions to you.

6.7 Upon completion of payment for booking of Third Party Services, an electronic receipt will be automatically provided to you via email to your email address in our record. No hard-copy receipt will be provided by us to you. 

6.8 If you think that you have been billed incorrectly or if you have any complaints or queries (for example:- complaints or queries relating to your User(s) E-Wallet or vouchers or promotional codes), please contact us through the contact details set out in Clause 32 herein promptly. We have the sole discretion in determining whether to process any refund or return of payment to you and the mode of such refund or return of payment (including by way of vouchers).

7 User(s) E- Wallet Account

7.1 All amounts payable by you for obtaining or using the Third Party Services through our Platform may be paid by using User(s) E-Wallet to us. 

7.2 In order to make payment by using User(s) E-Wallet to us, you will need to register and activate the User(s) E-Wallet Account available in the User(s) Application or Platform. You hereby agree and acknowledge that:-
  1. by registering and activating the User(s) E-Wallet Account, you authorize the deposit of electronic money and/or funds into your User(s) E-Wallet Account to carry out the relevant transactions and you further authorize the deduction of funds from your User(s) E-Wallet Account automatically by us without us having to seek for additional authorization from you; 
  2. the acceptance and continuance of the User(s) E-Wallet Account will be entirely at our discretion. We reserve the right to reject and decline any User(s) Application by User(s) to open User(s) E-Wallet Account at our sole and absolute discretion without assigning any reasons whatsoever;
  3. the User(s) E-Wallet Account is not transferable nor assignable to any third party and shall be exclusively used by you;
  4. the funds in the User(s) E-Wallet Account will not accumulate interest nor any other earnings;
  5. the funds in the User(s) E-Wallet is solely limited for purposes of payment to us for your purchases of goods or services from Third Party Provider(s) pursuant to these Terms of Use and such funds cannot be used as a means of making payment to any other person other than us; and
  6. you shall be responsible for payment of all applicable charges or fees incurred or any taxes as a result of your use of User(s) E-Wallet and/or access to the User(s) E-Wallet Account to carry out the relevant transactions.
  7. You shall ensure that there is sufficient balance in your User(s) E-Wallet Account before using the Services for the total cost of the Third Party Services.
7.3 You may use your bank account to reload or top up a maximum sum of RM500.00 only to your User(s) E-Wallet provided that your bank’s internet banking services are linked to the User(s) E-Wallet Account. The maximum User(s) E-Wallet limit is RM1,000.00 only and the daily transaction limit is RM1,000.00 only.

7.4 You may also request for withdrawal of the available balance from the User(s) E-Wallet provided that the minimum balance requirement of RM2.00 is met. If you wish to do so, we will charge a fee of RM2.00 only (“Administrative Fee”) for each request for withdrawal. The Administrative Fee shall be paid by deducting from your User(s) E-Wallet Account. We shall refund the balance of your User E-Wallet (after the deduction of the Administration Fee) within seven (7) working days from our receipt of your request for withdrawal. You shall provide all the necessary information and documents for the purpose of refund upon our request.


8 Complaints

8.1 Although the Third Party Provider(s) are solely responsible for the Third Party Services, if you have any complaint about the Third Party Services you have received,  we may assist to deal with any such complaints through our complaints handling process. You agree to cooperate fully with such process and to submit any complaint you may have via the feedback column in the User(s) Application or Platform or to the contacts details set out in Clause 32 herein. We also reserve the right to redirect your complaint to the relevant Third Party Provider(s) and may choose, but is not obliged, to facilitate discussions with the Third Party Provider(s). Our complaints handling process shall not exclude any rights or remedies that cannot be excluded or limited under applicable laws.

8.2 If we receive any complaint from Third Party Provider(s) or another person about you, we have the right to redirect the complaint to you or deal with such complaint via our complaints handling process whereby you agree to give full cooperation with such process.


9 Intellectual Property Ownership

9.1 We and our licensors, where applicable shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Software, User(s) 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 User(s) Application herein shall include its respective components, processes and design in its entirety.


10 Promotion

10.1 We may offer promotions  to you based on you meeting specified criteria and complying with specified conditions to promote the usage of the User(s) Application, Platform and/or Services at our absolute discretion from time to time. You have the option to choose whether or not to participate in such promotions. If you opt to participate, your right to benefit from the relevant promotions is conditional on you meeting all of the specified criteria and complying with all of the specified conditions, to our reasonable satisfaction. If you opt not to do so, you will not be entitled to the benefits of the relevant promotions. You agree that you will only use such promotions for their intended use and will not abuse, duplicate, sell or transfer the promotions in any manner. You also agree and understand that the benefits of such promotions cannot be exchanged for cash and may expire on a certain date even before you use them. For the avoidance of doubt, we reserve the right to modify, cancel and/or limit such promotions at any time or refuse to provide such offers to any person or bodies at our absolute discretion.


11 Taxes

11.1 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 and 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.


12 Confidentiality

12.1 You shall hold all information and data relating to us, our services, products, business affairs, marketing and promotional plans or other operations and our subsidiaries, affiliates, associated companies and jointly controlled entities 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 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.

12.2 The above confidentiality obligations shall not apply to any information which:-
  1. was already in your possession without confidentiality obligations prior to your receipt;
  2. is at the time of disclosure already publicly available or subsequently becomes available to the public through no fault or omission on your part;
  3. 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
  4. is required to be disclosed by law.

13 Data Privacy and Personal Data Protection Policy

13.1 The collection and use of Personal Data will be in accordance with our Privacy Policy. 

13.2 The Privacy Policy applies to all of the Services and it is part of our Terms of Use which governs your use of the User(s) Application, Platform and/or Services. Without limiting that generality, by way of illustration, we may use the Personal Data that you provide and we collect, including information about how you use our Services for the purposes of accounting, billing, reporting and auditing, credit, debit or other payment cards verification or screening, safety, security, health,  training, administrative and legal purposes, advertising and marketing, customer care and helping us in any future dealings with you. For these purposes you authorise us to retain your Personal Data and to transmit or release it to our own offices, our subsidiaries, User(s), third party providers, government, enforcement agencies, credit, debit and other payment card companies. 

13.3 Where applicable, you agree and consent to us collecting, using, processing and disclosing Personal Data as further described in the Privacy Policy.

13.4 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.


14 Indemnification

14.1 By agreeing to these Terms of Use upon using the Services, you agree that you shall indemnify and hold JUMBOEX, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including solicitors’ fees and expenses) arising out of or in connection with:-
  1. your use of the Software, User(s) Application, Platform and/or Services in your dealings with the Third Party Provider(s);
  2. your violation or breach of any of these Terms of Use or any applicable rules, regulations or laws whether or not referenced herein;
  3. your use or misuse of the Software, User(s) Application, Platform and/or  Services;
  4. in respect of any items that you purchase, obtain and/or transport using the Third Party Services;
  5. any third party claims (including claims by any Third Party Provider(s)) arising from your use of the Services and/or the Third Party Services; and
  6. 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.

15 Disclaimer of Warranties

15.1 The User(s) 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, User(s) Application, Platform,  the Services and/or any related service(s) solely at your own risk and expense.

15.2 We make no representations, warranties and/or guarantees of any kind whether express or implied, in connection with the User(s) Application,  Platform, Services, these Terms of Use, the contents or any related service(s). Although we make reasonable efforts to keep the User(s) Application and/or Platform up-to-date, we make no representations, warranties and/or guarantees whether expressed or implied regarding the accuracy, correctness, availability, reliability, suitability, timeliness and quality of the Services or of such information in the contents of our User(s) Application and/or Platform or the results of their use or that the Services will be uninterrupted or error-free or will operate in combination of any other hardware, software, system or data. 

15.3 We also make no representation or warranty of any kind whatsoever, express or implied, nor guarantee the quality, suitability, reliability, timeliness or safety of the Third Party Services and/or the products provided by Third Party Provider(s) or any third party services or products procured through the use of the Services or the ability of the Third Party Provider(s) in performing the Third Party Services. You agree that you shall bear all risk arising out of your use of the User(s) Application, Platform or Services and any Third Party Services provided by Third Party Provider(s) and shall have no recourse to us in respect of the same.

15.4 We shall not be liable or responsible to keep the Software, User(s) Application and/or Platform free or safe from virus, bug, ransomware, adware, trojan, worms, malware and/or spyware. We shall also not be liable or responsible for any direct, indirect or consequent loss or damage of any kind whatsoever arising from any problem caused by virus, bug, ransomware, adware, trojan, work, malware and/or spyware due to your use of the Software, User(s) Application and/or Platform or arising from the amendments or modifications to the Software, User(s) Application, Platform,  Services or these Terms of Use.


16 Internet Delays 

16.1 The Software, User(s) Application, Platform and/or the Services may be subject to 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


17Limitation of Liability

17.1 Unless otherwise stated and to the fullest extent allowed by law, any claims against us by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in using the Services, during the event giving rise to such claim, subject to a maximum sum of Ringgit Malaysia Two Hundred (RM200.00) only. 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 for whom you have booked the Third Party Services, including but not limited to:-
  1. loss, damage or injury arising out of or in any way connected with the User(s) Application, Platform and/or the Services;
  2. the use or inability to use the User(s) Application, Platform and/or the Services;
  3. any reliance placed by you on the accuracy, completeness or existence of any advertising or promotional offers; or
  4. as a result of any relationship or transaction between you and the Third Party Provider(s) which are referred to by the User(s) Application, Platform and/or by the Services.
Even if we and/or our licensors have been previously advised of the possibility of such damages.

17.2 For the avoidance of doubt, we will not assess or monitor the ability, suitability, reliability, legality, timeliness, location or security of any User(s), Third Party Provider(s), advertisers and/or sponsors and you expressly waive and release us from any and all liabilities, claims or damages arising from or in any way related to the Third Party Provider(s), advertisers and/or sponsors.


18 Your interactions with Third Party Provider(s) and other User(s)

18.1 We will not be a party to disputes or negotiations of disputes between you and the Third Party Provider(s). You expressly waive and release us from any and all liability, claims, causes of action or damages arising from your use of the User(s) Application, Platform and/or Services or in any way related to the third parties including the Third Party Provider(s) introduced to you by the User(s) Application, Platform and/or the Services.

18.2 Your booking for Third Party Services from Third Party Provider(s) creates a direct relationship between you and the Third Party Provider(s), to which we are not a party. To the maximum extent permitted by the applicable laws, we are not responsible or liable for the acts or omissions of any Third Party Provider(s) in relation to you. You have the sole responsibility for any obligations or liabilities to Third Party Provider(s) or any other third parties that arise from your use of the Third Party Services.

18.3 You agree, acknowledge and/or undertake the following:-
  1. to treat Third Party Provider(s) and other User(s) with respect, in compliance with these Terms of Use and not to engage in any unlawful, threatening or harassing behaviour or activities whilst using the Third Party Services;
  2. not to cause any damage to third party property;
  3. not to contact Third Party Provider(s) for purposes other than to receive and use the Third Party Services; and
  4. the Third Party Provider(s) has sole discretion whether to accept, reject or cancel requests for Third Party Services for any reason. Without limiting the foregoing, the relevant Third Party Provider(s) reserves the right to refuse accepting your booking if it has reasonable grounds to suspect a breach of these Terms of Use or the applicable laws.
18.4 For the avoidance of doubt, we do not endorse any Third Party Provider(s) applications or websites that are available or to which you are connected through the User(s) Application and/or Platform and in no event shall we, our licensors or any of our affiliates be responsible for any content, products, services or other materials on or available from such Third Party Provider(s). Any Third Party Provider(s)’ ratings are intended to be indicative of ratings provided by other User(s) but do not constitute an endorsement (or otherwise) by us of that Third Party Provider(s).


19 Your interactions with third parties

19.1 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 User(s) 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 User(s) 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.

19.2 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 these Terms of Use, 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.


20 Notice

20.1 We may give notice through the User(s) Application, electronic mail to your email address in our records or by written communication sent by registered mail or pre-paid post to your address in our record. Such notice shall be deemed to have been given 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 32 herein.


21 Successors and Assignment

21.1 These Terms of Use shall inure to the benefit and be binding upon us and you and their respective successors and permitted assigns and shall not be construed and enforced so as to confer any benefit upon any other person except as expressly provided herein. These Terms of Use as modified from time to time may not be assigned by you without the prior our written consent but may be assigned by us without your consent by us. Any purported assignment by you in violation of this clause shall be void.


22 Dispute Resolution

22.1 These Terms of Use shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction and any actions, disputes, claims or causes of action arising out of or in connection with these Terms of Use or the Services shall be referred to the Asian International Arbitration Centre (“AIAC”) in accordance with the Rules of the AIAC as amended or modified from time to time (“the Rules”) by a sole arbitrator appointed by mutual agreement of both parties (“the Arbitrator”). If both parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur in the English language and the fees of the Arbitrator shall be borne equally by both parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable laws.


23 Relationship of Parties

23.1 Neither Party shall by virtue of this Agreement be deemed to be partner or an agent of the other nor shall anything herein contained be construed as creating agency, franchise, partnership, joint venture/ association, trust or such like between the parties, it being agreed that each party shall be individually responsible only for its own obligations under this Agreement.


24 Severability

24.1 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.


25 No Waiver

25.1 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.


26 Suspension and Termination

26.1 These Terms of Use shall continue until terminated in accordance with their terms. You acknowledge and agree that we may do any of the following, at any time, without notice to you:-
  1. to modify, limit,  suspend or terminate operation of or access or use to the Software, User(s) Application, Platform and/or the Services (including access or use to your Account, User(s) E-Wallet Account and/or the availability of any products or services) for any reason;
  2. to terminate these Terms of Use or modify or change any applicable terms or policies; and
  3. to interrupt the operation of the User(s) Application and/or Platform or any portion of the User(s) Application  and/or Platform (including access to your Account, User(s) E-Wallet Account and/or the availability of any products or services), 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.
26.2 You are under no obligation to use the Services and may cease using them at any time in your sole and absolute discretion by permanently deleting the User(s) Application from your mobile device, thus disabling your use of the User(s) Application. This Agreement is automatically terminated when you permanently delete the User(s) Application from your mobile device or if your Account is closed.

26.3 Upon such termination, the parties shall have no further obligations or rights under this Agreement after termination of this 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 and the provisions in the clauses which expressly or by its nature are intended to survive, shall continue to have effect after the end of this Agreement. We may retain an archived copy of records we have about you as required by law or for legitimate business purposes. For the avoidance of doubt, the termination of this Agreement shall not require us to compensate, reimburse or cover any cost incurred by you.


27 Entirety

27.1 This Agreement comprises the entire agreement between the parties and supersedes any prior or contemporaneous negotiations or discussions.


28 No Third Party Rights or Assignment

28.1 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. 


29 Time

29.1 Time wherever mentioned in this Agreement shall be of the essence of the contract.


30 Amendment

30.1 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.


31 Force Majeure

31.1 We shall not be held liable for any delay or failure or disruption of the content or services delivered through the User(s) 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.


32 Our Contacts

32.1 If you have any questions or concerns regarding these Terms of Use or would like to give feedback or make complaints in relation to our Services or the Third Party Services, please contact our customer service officer at:-

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]

Section B - Specific Terms and Conditions 

1 Parcel Delivery Services

For User(s):-

1.1 You are prohibited to engage for Parcel Delivery Services of the following items through the User(s) Application and/or Platform:- 
  • 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  10 kg 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).
1.2 You represent and warrant that:-
  1. you are either the legal owner or have been duly authorised by the owner of the Parcel(s) to be his/her representative to handle and deliver the Parcel(s) and that you are also authorised to accept and you accept these Terms of Use for yourself or as a representative acting for and on behalf of the owner of the Parcel(s);
  2. you are duly authorised by the recipient of the Parcel(s) to provide the recipient’s details (for example:- name, contact details and delivery address) to us and the Third Party Deliverer(s) (whether by way of your entering such details on the User(s) Application and/or Platform or otherwise);
  3. the Parcel(s) does not fall within the categories listed at Clause 1.1 of Section B above. The Third Party Deliverer(s) have the right to refuse delivery if the Parcel(s) falls or suspected to fall within the categories listed at Clause 1.1 of Section B above;
  4. the description and specific details of the Parcel(s) which you provide are accurate and complete. Before delivery commences, you must inform the Third Party Deliverer(s) of any specific precautions which should be applied to the handling of the Parcel(s) in accordance with its nature;
  5. you comply with all applicable rules, regulations and laws relating to the nature, condition, packaging, handling, storage and transportation of the Parcel(s) and the Parcel(s) is not or does not, in any way or condition: (i) non-compliant with or prohibited by any applicable rules, regulations or laws; (ii) dangerous; (iii) easily experience degradation of quality; (iv) flammable; (v) contain explosives; (vi) corrosive; and/or (vii) contain radioactive substances;
  6. the Parcel(s) has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the Parcel(s) and the characteristics of the Parcel(s). We do not provide any boxes, cardboard or other packaging as part of the Parcel Delivery Services.
1.3 You are responsible for ensuring that the delivery details (for example:- recipient’s name, contact details and delivery address) entered by you on the User(s) Application and/or the Platform are accurate and complete. Neither we nor the Third Party Deliverer(s) shall not be liable in the event of late delivery or non-delivery of Parcel(s) by reason of erroneous delivery details entered by you on the User(s) Application and/or Platform.

1.4 By using our Parcel Delivery Services, you agree to us and/or the Third Party Deliverer(s) to open and inspect the Parcel(s) without prior notice to you based on any reasonable suspicion that the Parcel(s) may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein. In addition to the foregoing, you agree to us and/or the Third Party Deliverer(s) that we and/or the Third Party Deliverer(s) may lodge police report on such suspicion and may surrender  such Parcel(s) to the Police Department for their action or investigation. We and/or Third Party Deliverer(s) has the right to refuse the receipt and delivery of such Parcel(s).

1.5 After the Parcel(s) is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the Parcel(s) whether or not caused directly or indirectly by you or any recipient of the Parcel(s) (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).

1.6 As a general rule you shall not be entitled to cancel your booking for Parcel Delivery Services after being matched to a Third Party Deliverer(s). Nevertheless, we may accept cancellation by you in the following situations subject to cancellation fee as follows:-
  1. 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
  2. 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
(“Cancellation Fee”).

Notwithstanding anything to the contrary contained herein, once the Third Party Deliverer(s) has departed or arrived at the pick up location, the booking for the Parcel Delivery Services is not cancellable and if you cancel the booking, you will remain liable to pay the User(s) Charges in full regardless of whether the Third Party Deliverer(s) has collected the Parcel(s) at the pick up location or has delivered the Parcel(s) to the designated delivery location.

1.7 Upon your submission of a booking for the Parcel Delivery Services, the estimated time for the Third Party Deliverer(s) to:-
  1. pick up the Parcel(s) from the designated pick-up location; and
  2. deliver the Parcel(s) to the designated delivery location will be shown on the User(s) Application and/or Platform.
The estimated time of pick up and the estimated time of delivery of the Parcel(s) are merely an estimation of the date and time of the expected pick up and delivery time, we and/or the Third Party Deliverer(s) do not commit and/or guarantee the accuracy of the pick up and delivery timeline provided to you and the pick up and delivery timelime provided to you are not binding and do not form part of the contract. We will not be liable for any damages or loss caused by delays of the delivery or the non-delivery of the Parcel(s) by the Third Party Deliverer(s) in any manner whatsoever.

1.8 We and the Third Party Deliverer(s) will also have the right to not proceed with your booking in the following circumstances:-
  1. where the requested delivery location falls outside the delivery zone offered on the User(s) Application and/or the Platform;
  2. failure to contact you by phone or other means at the time of confirming the order booking;
  3. failure to deliver your booking due to lack of information, direction or authorisation from you at the time of delivery; or
  4. the recipient whom you indicated in the User(s) Application and/or Platform is unreachable physically or uncontactable after ten (10) minutes from the time that the Third Party Deliverer(s) arrives at the designated delivery location.
1.9 You hereby agree that:-
  1. if you intend for the Parcel(s) to be delivered to a specific person, you must specify the intended recipient on the Parcel(s). Notwithstanding the above, you agree that the Third Party Deliverer(s) may leave the Parcel(s) with any person present at your designated delivery location;
  2. the Third Party Deliverer(s) may return the Parcel(s) to your designated pick-up location and be entitled to charge additional charges for the costs of returning the Parcel(s) to you if your intended recipient refuses to accept the Parcel(s) or if there is no person available to receive the Parcel(s) at your designated delivery location;
  3. the Third Party Deliverer(s) may leave the Parcel(s) at your designated delivery location without the presence of the intended  recipient or any person or otherwise handle the Parcel(s) as required by applicable laws, if your intended recipient or nobody is present at such location at the time of delivery;
  4. in any of the aforesaid event in Clause 1.9(b) or Clause 1.9(c) of the Section B above occurs:-
    1. you remain liable to pay the User(s) Charges in full. If you wish to re-deliver the Parcel(s), you are required to submit a new booking via the Platform;
    2. Parcel(s) that cannot be delivered because the recipient of the Parcel(s) cannot be found at the recipient’s address is not our responsibility. We do not provide safekeeping services in any form for you or the Third Party Deliverer(s) of the Parcel(s); and
    3. we shall not be liable to you or any third party for any loss or damage to the Parcel(s) in any manner whatsoever.
1.10  We shall not be liable for loss or damage arising from or in connection with:-
  1. the act, default or omission of yourself, recipients or any other party with an interest in the Parcel(s);
  2. the act, default or omission of the Third Party Deliverer(s) in handling and/or delivering the Parcel(s);
  3. the violation of any of these Terms of Use, rules, regulations and/or applicable laws by you. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, JUMBOEX, Third Party Deliverer(s) or any third party as a result of any breach of these Terms of Use;
  4. the delivery of any of the items set out in Clause 1.1 of Section B above. We exclude all liability for items set out in Clause 1.1 of Section B above howsoever accepted by us or the Third Party Deliverer(s) (including acceptance by mistake or under notice);
  5. the improper or insufficient packing, securing, marking or addressing of Parcel(s);
  6. your failure to specify any special precautions to be taken in respect of Parcel(s);
  7. delay or confiscation by any relevant authorities due to the discovery of prohibited contents of the Parcel(s); or
  8. our and/or the Third Party Deliverer(s)’ failure to perform any of our obligations hereunder as a consequence of circumstances outside our control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, lockdown, accidents, traffic obstructions or congestion, mechanical breakdown, or other events of force majeure.
1.11 If the Parcel(s) is damaged, defective or lost during the Parcel Delivery Services, you can file a complaint  via the feedback column in the User(s) Application or Platform or through the contact details set out in Clause 32 herein. 

1.12 We do not insure the Parcel(s) and you are responsible for your own insurance arrangements. Nevertheless, we may cooperate with third party insurance provider(s) to provide insurance coverage for the Parcel(s) during the implementation of the Parcel Delivery Services. For more information on the insurance provided by the third party insurance provider(s), you can access it through www.jumboex.com/insurance-coverage. For the avoidance of doubt, we do not act as an agent or representative of third party insurance service provider(s) and not a party to the insurance agreement between you and the third party insurance provider(s). You cannot make an insurance claim if the Parcel(s) falls within the categories listed at Clause 1.1 of Section B above.