Terms and Conditions

1. DEFINITIONS AND INTERPRETATION

The following definition and rules of interpretation apply unless the context otherwise requires the following expressions shall have the following meanings :

• ‘5SENDS’ means 5SENDS LOGISTIC SDN BHD, a company incorporated in Malaysia, with its registered office at LEVEL 25, MENARA WORLDWIDE, 198 JALAN BUKIT BINTANG, 50450 KUALA LUMPUR.
• ‘SERVICES’ means any and all services provided by 5SENDS as stated in Paragraph 4.
• ‘APPLICATION’ means the technological web-based and mobile application supplied by 5SENDS and downloaded and installed by you on your electronic device whereby you can arrange and/or schedule logistical and/or delivery services for goods.
• ‘5SENDER’ means the independent third party driver or rider who offers delivery services and maybe requested through the use of our App and Services.
• ‘ADVERTISEMENT’ means any promotion messages and information that may appear on your mobile device during the operation of the App.
• ‘TERMS & CONDITIONS’ means these terms and conditions as amended from time to time pursuant to Paragraph 2.
• A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

2. TERMS AND CONDITIONS

a. Your use of our website, mobile website and mobile apps (collectively referred to as the ‘SITES’ ), App and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, App and Services shall constitute your agreement to be bound by these Terms and Conditions.

b. 5SENDS may at its sole discretion amend these Terms and Conditions from time to time as it deems necessary, and such amended Terms and Conditions shall take effect and be binding on you upon 5SENDS having posted the same on the Sites and the Apps.

c. Your continued access and/or use of the Sites, Apps and Services shall be understood and automatically deemed as an acknowledgement of and consent to be bound by any such amended or additional Terms and Conditions.

d. If you do not agree to all Terms and Conditions of this agreement, then you may not access the Website or use any Services.

3. SERVICES

a. The Services that 5SENDS provides is the provision of the Platform which constitutes a technological platform that enables you to arrange and/or schedule transportation, logistical and/or delivery services for goods, whereby the Apps will facilitate and connect you with a 5SENDER who will provide you with such transportation, logistical and/or delivery services.

b. As part of the Services, we also provide certain information in regards to the 5SENDER who accepted your posting, including the name, location, vehicle identification, and ratings. The 5SENDER have the sole discretion to accept or reject your request.

c. You acknowledge and agree that we only act as an intermediary between you and the 5SENDER and we are not your agent or the agent of the independent courier and that we are not a delivery company, a courier company and do not provide delivery services.

d. We are not responsible for the behavior, negligence, conduct, actions or inactions on the part of the 5SENDER that you may use via your posting on our Applications. Any contract for the provision of transport and logistics services is between you and the independent 5SENDER and not us.

e. If you have any complaint in relation to the delivery services provided then that disputes must be taken up with the 5SENDER directly.

f. You must safeguard any login name and password that we may provide you to access our Applications and Services and shall not disclose them to third parties, and we shall assume that any person using your electronic device to access our Applications and Services, your username and password is you or a person authorized by you.

g. 5SENDS reserves the right to limit, suspend or terminate your account and your use of our Application and Services in the event you are in breach of any of the Terms and Conditions herein.

4. LICENSE OF SOFTWARE

a. You are permitted to limited, non-exclusive, non-assignable and non-sublicensable license to install and use a copy of the Applications on your mobile device for your own, non commercial use subject to these Terms and Condition.

b. In your use of the Application, you shall not:

• Rent, lease, sublicense, distribute or transfer copies of the Application or the license for the use of the Application to any third parties or otherwise.
• Modify, adapt, reverse engineer, decompile, disassemble, translate the Application or create derivative works based on the Application.
• Interrupt the normal performance/operation of the Application, or use any methods to export or modify the source code of the Application, cause or facilitate unauthorized access to or deny authorized access to, any software, hardware, network, services, systems or data.
• Upload or send out any kinds of computer viruses, worms, trojans or malicious codes.
• Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such material or information.
• Engage in spamming and phishing activities.
• Use the Application in any way to track, stalk, harass or hurt any person, or engage in any unlawful or illegal activity which is in contravention of any applicable laws and regulations.

5. USER OBLIGATIONS

a. You agree and warrant that all the information and details provided by you to us in your registration, updates and communication, either through the Applications or other means are true, accurate, complete and up-to-date in all respects and at all times.

b. You represent and warrant that you shall comply all applicable laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and that the goods are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.

c. You warrant that the goods to be delivered by 5SENDER does not contain or constitute:

• Hunted animals, part of animals such as ivory, shark fin or other items which are made processed from animal parts, including other items which are not for human consumption and prohibited items according to international treaties and/or applicable international laws.
• Human organs, ashes, bones.
• Firearms, ammunitions, explosive materials, ignition equipment of all kinds such as gunpowder, etc.
• Illegal items including counterfeit or pirated products, illegal drugs or additive substances, illegal property or any materials which are against the applicable laws, regulations or rules stipulated by federal, state or local government authorities, including the materials which the users have legal right of possession but are not allowed to partially or entirely move or send to other places.
• Sharp or hazardous objects.
• Flammable materials of all kinds.

d. You shall at all times be responsible for ensuring that you provide 5SENDS and/or the 5SENDER with accurate and sufficient details to enable 5SENDERS to complete the receipt and delivery of your goods. You agree to compensate us and the 5SENDER for all additional charges incurred in the event when information and details related to your orders are inaccurate or incomplete.

e. You warrant to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.

f. We reserve the right to suspend, restrict or terminate your access to our Applications and Services at any time without any advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse our Applications and Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.

6. CONDITION FOR ACCEPTANCE OF DELIVERY

a. We may refuse acceptance of transport of packages or delivery items -if any of the following cases applies :

• Your request does not comply with our Terms and Conditions.
• You fail to enter a valid address and other required fields that are recognizable by our systems.
• The package or items are not suitable for transport.
• The transport may violate laws and regulations or is detrimental to public order, or injurious to public morals.
• The package or items are explosives or other hazardous materials or any similar packages that are likely to cause damage to other packages.

7. PAYMENT

a. After you have received Services or goods obtained through your use of the Service, we will facilitate your payment of te applicable charges on behalf of the 5SENDER, and as such act as limited payment collection agent for 5SENDER. Payment of the cahregsin such manner shall be considered the same as payment made directly by you to 5SENDER.

b. Payment amounts quoted are in Malaysia currency and include Malaysian Sales and Service Tas (SST), where applicable.

c. 5SENDS has the absolute right to revise the rates, charges and/or fees without giving prior notice to you and the revised rates, charges and/or fees shall be binding onto you upon revision of the same.

d. All charges are due immediately and payment will be facilitated by using the preferred payment method designated in your Account, after which we will send you a receipt by email.

e. 5SENDS reserves the right to charge a cancellation fee, as follows:

• For a ‘ scheduled (>30min) ’ service, the base fare will be charged if you cancel after the driver arrives at the pickup location.
• For a ‘ deliver now ‘ service, the base fare will be charged if you cancel 5minutes after being matched to the driver and/or after the 5SENDER arrives at the pickup location.
• For a 5SENDER who is on the way to the pickup location, the 5SENDER will call you to confirm the order prior to departing. If delivery is confirmed with the 5SENDER and a cancellation happens after the scheduled time, 50% of the order fee will be chargeable to the customer. 5SENDS will assist in communicating the charges to the customer on the driver’s behalf.
• Once a vehicle type and pickup point/drop off point has been entered into the Application, it will provide you with the delivery price. By confirming the delivery request, you accept to pay the delivery price quoted.
• You shall pay the 5SENDER in cash all sums immediately when due as indicated on the Apps. If any parties does not agree with the charges, 5SENDS customer service must be contacted prior to payment to the driver.

f. Further, you acknowledge and agree that charges applicable in certain geographical areas may increase during times of high demand.

g. We may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the charges applied to you.

h. 5SENDS reserves the right to refund to you the equivalent sum of amount paid by you in the event 5SENDS for any reason is unable to process the application/request for Services.

i. No hardcopy receipt will be provided to you. An electronic receipt will be automatically provided after completion of an order, sent to an email address provided by you subject to your activation of the ‘E-Receipt’ toggle on the Application.

j. If you have deposited delivery credits in 5SENDS e-wallet, you are not allowed to cash out the credits under any circumstances.

8. LINKS AND ADVERTISEMENTS

a. Our Applications may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisements.

b. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.

9. LOSS OF OR DAMAGE

a. In the event that 5SENDER discovers that there has been loss of or damage to the delivery item, 5SENDS or 5SENDER shall notify the customer of such loss or damage within a reasonable period from such loss or damage and shall seek instructions from the user with respect to the appropriate action to be taken. 5SENDS reserves the right to decline to accept any further instructions for any reason whatsoever.

b. In the event that the customer does not provide further instructions regarding the appropriate action to be taken within a reasonable period of us notifying the customer of the loss or damage, we shall take such action in relation to the delivery item to the customer or retention of the delivery item, and shall notify the customer of the same.

c. 5SENDER shall be liable for any physical loss of, or physical damage to, goods during transit, except to the extent that such loss or damage has arisen from insufficient or improper packing, labeling or addressing, including incorrect or missing postcode information.

10. INDEMNITY

a. You agree to indemnify and hold 5SENDS and its officers, directors, employees and agent harmless from any and all claims, damages, demands, losses, liabilities, and expenses arising out of of or in connection with:

• Your breach or violation of any of the terms of the Terms and Conditions.
• Your violation of the rights of any third party, including 5SENDER.

11. INTELLECTUAL PROPERTY RIGHTS

a. You acknowledge that we own all rights, title and interest, including without limitation all intellectual Property Rights, in and to the Application, and that you will not acquire any rights, titles, or interests in or to the Application except as expressly set forth in this Agreement.

b. ‘Intellectual Property Rights’ means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions and re-instatements thereof, now or hereafter in force and effect worldwide.

12. DISCLAIMER

a. The Application is delivered to you on an ‘as is’ basis and although 5SENDS has used its best endeavors to ensure that the Application will work properly on your mobile device, 5SENDS does not warrant the performance of the Application nor the compatibility of the Application with your mobile device.

b. The Application is also delivered to you on an ‘as available’ basis and 5SENDS does not warrant the availability of the Services, the availability of 5SENDERS through the use of the Services, the accuracy of the data or information provided as part of the Services.

c. 5SENDS do not make any representation or warranty in respect of the quality or timeliness of any transportation, logistical and/or delivery services provided by the 5SENDER. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the 5SENDER and you shall have no claim against 5SENDS.

d. You acknowledge and agree that 5SENDS has no responsibility or liability to you or any third party in relation to any goods intended to be transported and/or delivered by a 5SENDER.

e. The foregoing limitations and exclusions apply to the extent permitted by law.

13. MISCELLANEOUS

a. We may update the User terms from time to time which will apply to the use of the Company site and such changes shall be binding on the User upon posting.

b. This Agreement will be governed by the Malaysian Law and parties agree that any dispute or claim between you and us will be adjudicated In the courts in Malaysia. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party.

c. We reserve the rights to revise the Terms and Conditions at any time without any prior notice.

d. These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.