Service Agreement

Welcome to www.deliboy.com.my. This Service Agreement contains the terms and conditions that govern all our Services (as described below) and all content, services or products available on or through our website, sub-domains and any associated web-based and mobile applications (collectively, the “Platform”).

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE OUR SERVICES.

The original language of these Terms is English. A User may peruse translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.

You shall not, without our prior written consent, access our Platform or accept our services (i) for production purposes, (ii) if you are a competitor, (iii) to monitor the availability, performance or functionality of the services or (iv) for other benchmarking or competitive purposes.

1. Acceptance and Effectiveness of Agreement

• The terms and conditions shall be read and agreed before registering as a user of our Platform (“User”). This Service Agreement shall be automatically remain effective upon the Users have clicked “Register” and being notified by our Company that such registration is successful. Thereafter, the Users shall be bound by all the terms and conditions of this Service Agreement.

• After the registration is successful, each User has confirmed himself/herself/itself to have full authority and power to enjoy the services of our Platform (including but not limited to place order, payment and etc.) and shall be able to bear legal liabilities independently. In the case of an individual, the individual must be at least 18 years of age or have valid authorisation from his/her legal representative or custodian. In the case of a legal entity, the entity must be duly incorporated and in good standing.

• Our Company hereby reserves all rights to amend and interpret all agreements, terms and conditions and promotions.

• DELIBOY WORLDLINK SDN BHD (“Company”) shall possess all rights in relation to user services and operations and would strictly abide and enforce all the published terms and conditions.

2. Update of Terms and Conditions

• All the terms and conditions shall be updated or amended from time to time, all the updates and amendments shall be announced on the Platform promptly to notify the User(s). Please check these terms and conditions periodically for changes.

• The Users are deemed has agreed and accepted the latest published terms and conditions if the Users continue using the services at our Platform.

3. Accuracy and Updated Information

• Our Company is relying on website and internet as platform, using our Company designated information and the information furnished by Users, to provide services to the Users of the DELIBOY’s Platform.

• All information (regardless of personal, goods or otherwise) which has been provided by the Users shall be true and accurate to be relied upon by our Company.

• If there is any amendment or update, it shall be promptly updated to the system on the website. In the event that any User fails to update the latest information to the system on the website before placing an order which result any economic losses, our Company shall not be responsible and liable for such losses.

• Our Company reserves the right to unilaterally terminate this Service Agreement with an User and revoke the User’s rights to use the Platform’s services with immediate effect without liable to the User or any third parties in the event that we discover any information and/or details provided by the User is inaccurate, false or misleading.

4. Service Scope and Charges

• The scope of procurement services provided by this Platform mainly includes purchase, transportation, storage and such other functionality and features as offered through our Platform to Users (“Services”).

• Transportation: Our Company provides consolidation shipment and transnational transportation services, and upon the request of the Users, provides such other customised services.

• Purchase: Our Company shall rely on the purchase order placed by Users, to act as purchasing agent to purchase/procure the respective goods from sellers.

• Storage: Our Company provides warehousing and transportation packages for Users who need such services.

• The costs and expenses of goods, China's domestic transportation fees, cross-border transportation fees, purchasing service fees, currency exchange rate, special warehousing, parcels, additional customer service fees and etc. shall be solely borne by the Users. Our Company reserves the rights to adjust and interpret to all costs and expenses and our Company’s decision shall be final and binding on the Users.

5. Account and Security Management

• Each User will be required to fill in the User’s email address and create a password during the registration process. Once the registration is successfully, the User shall log in to the website according to the password and email address that has been created in order to access and subscribe the Services.

• Our Company would strongly urge the Users to manage and protect their respective password and not to disclose the password to any third party in order to avoid theft or misuse of the account.

• Our Company would recommend the User to consider changing a new password regularly if it is necessary. The User shall be able to change the password and information at will.

• Our Company shall not be liable to any losses incurred by theft or misuse of the account.

• The Users shall notify our Company if the Users found out that there is any illegal use of the Users’ account or security breaches.

6. Personal Data Protection

• Our Company shall comply with the Malaysian Personal Data Protection Act 2010 and strive to protect the information of all Users. Our Company collects information from users and uses it only for the business of DELIBOY. Our Company will not disclose, transfer or resold such information to third parties without the Users’ consent.

• The personal information shall only be disclosed without the Users’ consent in any of the following circumstances:

A)under the exercise of the corresponding laws and regulations, we are required to disclose the personal information of the Users; or

B)our Company carries out other business development in order to provide more comprehensive services to the Users.

• Kindly read the privacy policy of this Services Agreement for further details.

7. Responsibility and Management of User

• Our Company does not guarantee the truthfulness or represent, precision, or dependability of contents on the Platform. The Users shall be solely responsible for all the information published and/or provided by the Users.

• The Users shall not engage in any illegal transactions or activities using the Platform.

• The Users shall not attack or interfere with the daily operation and services of the Platform, including but not limited to: disseminating false messages, transmitting electronic viruses, and illegally invading the server of the Platform.

• The Users shall not damage the rights, interests, and reputation of our Company, the Platform, the suppliers of goods and such other third parties.

• The Users shall not copy, duplicate or use the products protected by intellectual property rights (including but not limited to text, trademarks, videos, photos, images, software, etc.) of DELIBOY or our Company’s partners without written authorisation.

• The information provided and/or published by the Users shall comply with the laws and regulations and this Services Agreement.

• Our Company reserves the rights to delete, keep or forward partial or whole information (text, photos or otherwise) furnished by the Users to our Company.

8. Disclaimer

• We will use our best endeavor to provide a secure network platform for all the Users. However, our Company shall not be liable to compensate any economic or reputation losses incurred by Users which is caused by others’ malicious attacks and resulting the information provided by our Company to the Users (through server, e-mail or otherwise) to have viruses or other harmful components.

• We will use our best endeavor to maintain the usual operation of the Platform. In the event of any emergency or circumstances beyond our control, we shall be entitled to shut down the Platform’s system in order to rectify the issues without giving any notice to Users or third party,. Our Company shall not be liable for any losses incurred by the Users during such situation.

• We shall not be responsible for items/goods provided or sold by the sellers in the online marketplace, or the quality of the service of the chosen courier. It is User’s choice of the product, and seller for which we comply, according to the User’s order.

9. Termination / Restriction / Blocking Service

• The Users have the right to expressly refuse to continue using the Services of the Platform. Subject to the fulfillment of all termination terms and conditions stated herein, Users many terminate this Services Agreement and close his/her/its account.

• Our Company shall reserve the right to terminate or restrict the use of the website services without consent of the User. The general circumstances are as follows:

A) The Users who is involved in fraud, abuse, violation of any laws and regulations / statutory network use terms, and commit any conduct which is breach of the terms and conditions of this Service Agreement;

B) Other circumstances in which this Services Agreement should be terminated

C) The access of a User’s account will be blocked automatically if the User fails to enter the correct password with 5 attempts, until the User has requested to change password and log in again with new password.

10. Post termination obligation

• After the termination of this Services Agreement, our Company is under no obligation to provide any information of the relevant User’s account to the User or a third party designated by the User, except as expressly provided by laws.

• After the termination of this Services Agreement, our Company shall be entitled to seek damages and/or compensation from the User for any antecedent breach.

• After the termination of this Services Agreement, our Company may notify the counterparty of any order generated during the term of this Services Agreement and decide whether to terminate the purchase order according to the will of such counterparty. In the event that such counterparty has opted to proceed with the transaction, the User shall continue to compete his/her/its order in respect of such transaction and shall bear any loss or any increase of fees resulting therefrom.

11. Governing laws and jurisdiction

• This Services Agreement shall be construed and governed by the laws of Malaysia. In the case of any dispute between the parties which cannot be resolved amicably within 30 days from such dispute arises, such dispute shall then be submitted by either party to arbitration which shall be conducted by KLRCA using a three (3) arbitrator panel selected by the parties with the venue at Kuala Lumpur and such arbitration shall be settled / determined in accordance with the KLRCA Arbitration Rules.