- Definitions and Interpretation
- In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
"We", "Ours", "Halo" refers to Techzilla Global Solution Sdn Bhd;
"Services" means any and all services provided by us to you as defined in section 2 below;
"Applications" means the Halo web-based and mobile application supplied by us and downloaded and installed by you on your electronic device through which you may obtain our services;
"Delivery agent" means the independent third party who offers delivery services and may be requested through the use of our Applications and Services;
"Advertisement" means any promotion messages and information that may appear on your mobile device during the use of the App;
- Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
- A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
- The service we provide is to offer a platform via our mobile application or website (collectively, “our App”) for you to post the details of your delivery needs and to distribute the details of your delivery needs you posted to independent delivery agents. As part of our services, we also provide certain information with regards to the delivery agent who accepted your posting, including the name, location, vehicle identification, and ratings. The delivery agent has the sole discretion to accept or reject your request;
- You acknowledge and agree that we only act as an intermediary between you and the delivery agent and WE ARE NOT YOUR AGENT OR THE AGENT OF THE INDEPENDENT DELIVERY AGENT and that we are not a delivery company, a courier company and we do not provide delivery services;
- We are not responsible for the behavior, negligence, conduct, actions or inactions on the part of the delivery agent that you may request on our App. Any contract for the provision of transport and logistics services is between you and the independent delivery agent. We shall never be a party to any agreement (to be) entered into between you and any delivery agent. If you have any complaint in relation to the delivery services provided then that dispute must be taken up with the delivery agent directly;
- You must safeguard any login name and password that we may provide you to access our App and shall not disclose them to third parties;
- We shall assume that any person using your electronic device to access our App with your username and password is you or a person authorized by you.
- License of Application
- You are permitted to install and use our App for your own personal, non-commercial use provided that you comply with all of the Terms in this section;
- You are not permitted to rent, lease, sub-license, distribute or transfer copies of our App or the license for the use of our App to any third parties;
- You shall not modify, adapt, reverse engineer, decompile, disassemble, translate our App or create derivative works based on our App;
- You shall not interrupt the normal operation of our App, or use any methods to export or modify the source code of our App;
- You shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes;
- You shall not install and/or execute our App on any device other than the mobile device running the operating systems approved by Halo;
- Other than the license to use our App granted in paragraph 3 (a), no other license or right is hereby granted to you and the ownership of our App and all other rights in relation thereofshall always belong to Halo and its suppliers.
- Terms of Usage
You agree, represent and warrant that:
- all the information and details provided by you to us in your registration, updates and communication, either through our App or other means are true, accurate, complete and up-to-date in all respects and at all times;
- the item to be delivered is properly packed and labeled in a case, wrapper or container appropriate for the nature and weight of the item such that no part of the item may be removed without the case, wrapper or container being torn or broken (a seal being broken or two adhesive surfaces being forced apart. In the event it is deemed by Halo that the packaging of the item to be delivered is unsuitable for transportation, you shall upon notification by Halo re-pack the item in a suitable manner approved by Halo. Halo shall not be liable for any loss or damages to the item arising from improper packing.
- any item of a fragile nature shall be encased in or surrounded by suitable and sufficient protective material within the packaging and marked prominently with “FRAGILE” on the container.
- you shall not use our App and our services:
- For unlawful purposes;
- In any way that interrupts, damages, impairs or renders our service less efficient;
- To access of attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;
- To advertise or promote third party or your own products or services
- you will comply with all applicable laws while using our App and our services;
- you will not use our App and our services to cause nuisance, annoyance or inconvenience;
- all the information and details provided by you to us in your orders, either through our App or other means are true, accurate and complete in all respects and at all times. You agree to compensate us and the delivery agent for all additional Charges incurred in the event when information and details related to your orders are inaccurate or incomplete;
- you will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
- you will provide us with whatever proof of identity that we may reasonably request;
- you will treat the independent delivery agent introduced to you via our App with respect and not to cause damage to their assets or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst they are providing services to you; and
- you will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
We reserve the right to suspend, restrict or terminate your access to our App and our services at any time without 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 App and our 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.
- Conditions for Acceptance of Transport / Delivery of Packages
We may refuse to accept the transport or delivery of items in the following circumstances:
- Your request does not comply with our Terms of Service;
- You fail to enter a valid address and other required fields that are recognisable by the Halo system;
- The package or item is not suitable for transportationby our services and/or our independent courier;
- Transportation of the package or item may violate laws and regulations; or is detrimental to public order, or injurious to public morals;
- The package or item is of the following nature:
- Explosives or other hazardous materials or any similar packages that are likely to cause damage to other packages;
- Packages specifically determined by Halo to be unacceptable, including but not limited to combustible, inflammable, poisonous and toxic materials, livestocks, dogs, cats, little birds, guns and swords etc.
- Payment amounts quoted are in Malaysian currency and includes the Malaysian Sales and Services Tax (SST), where applicable.
- Halo has the absolute right to revise the prices of any fees without giving prior notice.
- Halo has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice.
- Any request for service is subjected to availability of resources. In the event any request submitted is not processed, Halo shall inform the user based on the information provided by the u
- Halo shall process the request for top-up only after the user's payment is cleared by the bank appointed by Halo and upon approval by Halo.
- Halo reserves the right to refund to the user the equivalent sum of amount paid in the event Halo for any reason is unable to process the user’s request.
- Credits sold are not exchangeable, returnable nor refundable.
- Receipt is issued to the user when the payment is successful. However, in the event that the payment is not cleared by the bank, the receipt will be considered void.
- Links and Advertisements
Our App may contain advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any advertisements. 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 advertisements, 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.
We may introduce promotions from time to time. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
- Natural Disaster
Delivery services will be temporarily suspended in the event of official typhoon warning of No. 8 or above or red / black rainstorm warning. Delay is expected due to unpredictable traffic conditions on rainy days.
- Disclaimers, Limitation of Liability and Indemnity
- The services are provided "as it is" and subject to availability. Halo disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of our services, or that our services will be uninterrupted or error-free. We do not guarantee the quality, suitability, reliability, honesty or ability of delivery agents.
- You hereby agree to bear the entire risk arising out of your use of our services, and any service requested in connection therewith, to the maximum extent permitted under applicable laws.
- Limitation of Liabilities
Halo shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, lost of property or delivered items, damage to property or delivered items, in connection with, or otherwise resulting from any use of the services, even if we have been advised of the possibility of such damages, including but not limited to any damages, liability or losses arising out of:
- your use of or reliance on our services or your inability to access or use our services;
- any transaction or relationship between you and any delivery agents, even if Halo has been advised of the possibility of such damages;
- delay or failure in performance resulting from causes beyond our reasonable control;
Where you request and schedule for delivery services with the delivery agents, you agree that Halo has no responsibility or liability towards you in relation to any delivery services provided to you by the delivery agents other than as expressly set forth in these terms. Halo shall not be liable for loss or damage arising from or in connection with:
- your failure to provide complete and accurate delivery instruction and sufficient packing for anitem to be delivered;
- misalignment, wear and tear, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the item to be delivered;
- failure of Halo to perform any of its obligations stated herein as a consequence of circumstances outside its control, including butnot limited to any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of items to be delivered by government authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events beyond control;
- any acts or omissions of any party other than Halo, including but not limited to you, the named addressee, andany government official or statutory body; and
- any indirect or consequential loss or damage, including but not limited to loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to our attention before or after acceptance of the item to be delivered.
The limitations and disclaimer in this section do not purport to limit our liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify and hold Halo and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
- your use of the services obtained through your use of our App;
- your breach or violation of any of these terms;
- Halo's use of information provided by you; and
- your violation of the rights of any third party, including the delivery agent.
- Any claims for damage to and/or loss of the item to be delivered must be made within five (5) business days from the date on which Halo accepts the item for delivery, failing which Halo shall have no liability whatsoever towards the damage or loss.
- Claims are limited to one claim per item to be delivered, the settlement of which shall be full and final for all loss or damage in connection therewith.
- Without prejudice to Clause 9 and provided that Halo is satisfied that your claim is justified, Halo's liability for any loss of the item to be delivered shall be limited to the cost of the item as indicated by you, upon acceptance of the item by Halo, or RM100 per item, whichever is lower (“the Compensation Limits”).
- In the case of damage to the item to be delivered, the amount of compensation shall be based on Halo's own assessment of the extent of the damage and the actual cash value of the contents of the item provided always that the amount of compensation shall not exceed the Compensation Limits.
- Halo is not obliged to act on any claim until all the fees and/or transportation charges in connection with any items to be delivered have been paid. The claim amount may not be deducted from the fees and/or these charges or from any outstanding balance owed to Halo by you.
- Save in cases of delivery failure and provided that Halo is satisfied that your claim is justified, our liability for any loss or damage arising from Halo's failure to deliver an item by the date of delivery shall be limited to the amount of the fees charged for the delivery of that item.
- Personal Data and Privacy
- You may be required to submit personal information to Halo in order to use certain function of our App.
- You agree that Halo can use your personal data (namely your name and contact number) as provided by you to Halo from time to time when you use our App for the purpose of providing our services.
- You agree that Halo is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when Halo provides our services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
- You agree that Halo is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when Halo provides the services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
- You further expressly consent that Halo is entitled to transfer your personal data to the delivery agent as may be necessary including but not limited to the purposes of sourcing a booking to be accepted by a delivery agent, confirmation/clarification of the booking information between you and the delivery agent, and tracking the booked delivery agent when Halo provides our services to you.
- Modification of Terms and the Services
We reserve our rights to change any of these terms and the revised terms will be binding on you upon posting on our website. We also reserve the rights to change, suspend or discontinue our services by sending by posting a notice on our website, which also shall be binding on you upon posting.
- Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and us agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these terms.
- CANCELLATION OF BOOKING
Any cancellation shall be made BEFORE Rider Accept the job.
If a booking is booked and then cancelled after rider accepted, Plase contact our customer service for futher modification