General Terms & Conditions

 

Please read these Terms and Conditions carefully before using the services offered by PINDAHMAN Mobile Application Platform is a full subsidiary of Brilliant Richwell Sdn Bhd (“PINDAHMAN“) or (“We”, “Us”, or “Our”), a company incorporated under Malaysia’s law. These terms set forth the legally binding terms and conditions for your use of Our Services as contained in https://www.Pindahman.com  (“Website“) (collectively with the site, referred to as “Services“).

 

            Acceptance of your delivered goods shall be deemed acknowledgement of our terms and conditions. We do not ship for you any items that contain poisonous fumes, combustible materials, and any such items that is deemed dangerous and illegal in Malaysia. You will be liable if you fail, neglect or refused to inform us on the nature and condition of your items to be delivered. Please also see our Return and Refund Terms and Conditions.

 

Interpretation

 

      In these Terms and Conditions unless the context otherwise requires the following expressions shall have the following meanings:

 

      “Driver Partner” or “Driver Partners” means an independent third party driver or rider under PINDAHMAN platform, who have agreed to accept bookings from you and provide transportation, logistical and/or delivery services through the Platform;

 

      “PINDAHMAN” means Pindah platform, wholly owned by Brilliant Richwell Sdn Bhd, a company incorporated in Malaysia with its registered office at B10-2, Damas 118 Plaza, Jalan Pintas, Jalan Penampang, 88300 Kota Kinabalu, Sabah, Malaysia”.

 

      “Platform” means the technological platform in whatsoever and howsoever form as PINDAHMAN may from time to time determine whereby a user can arrange and/or schedule transportation, logistical and/or delivery services for goods;

 

      “Services” means the services as set out in paragraph Services;

 

      “Terms and Conditions” means these terms and conditions as amended from time to time pursuant to paragraph Terms and Conditions.

 

      Unless the context otherwise requires, reference to any paragraph is to the paragraph of these Terms and Conditions.

 

           

       Use of Internet as Medium of Communication

 

            You acknowledge that the internet is not a secure medium and information submitted for the Services hosted on Our Website and Platform or software may be accessed by third parties. PINDAHMAN accepts no liability whatsoever in this circumstance.

 

 

       Use of the Platform and/or Services

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            Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.

 

            Unless specifically stated otherwise, PINDAHMAN does not sell or purchase any Products or Services. The company only operates, manages and provides the Platform for the purpose of enabling transactions between User, Merchant and Driver Partner.

 

            Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the Merchant and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.

 

            Certain related features and services that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.

 

            As a condition of your use of the Services and/or access to the Website, you agree that:

 

            You will only use an access point or data account which you are authorized to use;

 

            The Service is provided on a reasonable effort basis;

 

            Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:

 

            committing fraud by making transaction on the Platform using another person’s identity, credit card or bank account;

 

            attempting to raise funds in the guise of any transaction in contravention of the law;

 

            distributing, sending or facilitating the sending or any unsolicited electronic commercial messages, or engage in any form of spamming activities; or

 

            using the Services to promote and facilitate pyramid schemes;

 

            Compliance with Terms and Conditions. You shall comply with these Terms and Conditions and our policies.

 

            Uploading and Use of Contents. You shall not upload, reproduce, post, encourage, promote or facilitate the use of any information, text, graphics, images, video clips, sound, directories, files, databases or listings made available via the Platform and the Services (“Contents”):

 

            which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or

 

            which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.

 

            Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.

 

            Use of Personal Data. You shall not collect or post personal information about other Members, including email addresses, without their consent.

 

            Abusive Behaviour. You shall not use the Services, access the Platform or manipulate the Platform system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:

 

            transferring your Member account and Member ID to another party and/or allowing s to you; and

 

            PINDAHMAN may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.

 

            Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. PINDAHMAN shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

 

            We may, from time to time (without giving any reason or prior notice), upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.

 

            We reserve the right, but shall not be obliged to:

 

            monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;

 

            prevent or restrict access of any an authorised user to the Platform and/or the Services;

 

            report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or

 

            to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

 

 

 

Terms and Conditions

 

Your use of our website, mobile website (collectively referred to as the “Sites”), Platform and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Platform and Services shall constitute your agreement to be bound by these Terms and Conditions.

 

PINDAHMAN 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 PINDAHMAN having posted the same on the Sites and the Platform.

 

Your continued access and/or use of the Sites, Platform 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.

 

The Terms and Conditions are applicable in respect of your use of the Sites, Platform and Services in the territory of Malaysia. Your use of the Sites, Platform and Services in other territories shall be subject to the prevailing terms and conditions in those territories.

 

 

 

Licence of the Platform / Software

 

PINDAHMAN grants to you a non-exclusive, revocable, limited, non-assignable and non-sublicensable license to install and use a copy of the Platform on your mobile device for your use and subject to these Terms and Conditions.

 

In your use of the Platform, you shall not:-

 

Lease, rent, sublicense, distribute or transfer copies of the Platform or the license for the use of the Platform to any third parties or otherwise commercially exploit the Platform other than for arranging and/or scheduling transportation, logistical and/or delivery services;

 

modify, adapt, reverse engineer, decompile, disassemble, translate the Platform or create derivative works based on the Platform;

 

upload or disseminate any kinds of computer viruses, worms, trojans, or malicious codes;

 

post, distribute or reproduce any information or material on the Platform which is offensive, defamatory, libellous, vexatious, obscene, threatening or which is otherwise unlawful;

 

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 phishing and spamming activities;

 

in any way:- (a) interrupt the normal performance/operation of the Platform, or use any methods to export or modify the source code of the Platform; (b) cause or facilitate unauthorized access to or deny authorized access to, any software, hardware, network, services, systems or data;

 

use the Platform 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.

 

You shall not install and/or execute the Platform on any device other than the mobile device running the operating systems approved by PINDAHMAN.

 

Other than the license to use the Platform granted under our Terms and Conditions as mentioned above, no other license or right is hereby granted to you.

 

 

Services

 

The Services that PINDAHMAN 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 Platform will facilitate and connect you with a Driver Partner who will provide you with such transportation, logistical and/or delivery services.

 

The types of transportation, logistical and/or delivery services that a Driver Partner can provide to you can be found on the Sites and the Platform.

 

You agree and acknowledge that PINDAHMAN is not your agent or the agent of the Driver Partners and that:- (a) neither the Driver Partner or PINDAHMAN have the authority to bind each other; and (b) PINDAHMAN is not a party to the contract for the hiring of the Driver Partners.

 

 

Additional Pick Up / Drop Off (Stop-Off)

 

The following provisions govern additional stops in transit, to partially load or unload, except as otherwise specifically provided.

 

Items pick up from User from one point at one time in one booking, may be stopped in transit for partial loading and/or unloading only at points stated in the order and within the scope of our Driver Partners or as otherwise agreed by our Driver Partners.

 

The consignees or any parties authorized and designated by User to accept at a point or place of stop-off may be the same or other than the customer in the booking details.

 

The request for additional pick up or drop off must designate the following:

 

Stop-off point or points and places.

 

The weight, quantities, markings, and description of articles to be loaded or unloaded.

 

The name, identity card number, and contact number of the consignee (party authorized) to accept item (consignee) for unloading at point of stop-off.

 

A photo will be taken by our Driver Partner, and upload to the platform.

 

A notation will be made on the booking details and description of the portion of the items unloaded at each stop-off.

 

The substitution of items for that originally loaded or any exchange of contents at a point or place of stop-off is not permitted. User must cancel the booking and re-book a new booking of job.

 

Additional charges on item(s) stopped to partially load or unload must be prepaid or guaranteed by the User.

 

The rate that User shall pay for PINDAHMAN’s stop-off service shall be assessed at the rate applicable from point of origin to stop-off location and/or from one stop-off location to another stop-off location in addition to the original charge for point-of-origin to the final destination.

 

User Account

 

You shall safeguard any login name and password PINDAHMAN may provide to you in relation to the Platform and the Services and you represent and warrant that you shall not:- (i) disclose your account details and credentials to third parties; or (ii) allow any third party to use your account with PINDAHMAN or impersonate you in the use of your account.

 

PINDAHMAN shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.

 

PINDAHMAN reserves the right to limit, suspend or terminate your account and your use of the Sites, Platform and the Services in the event you are in breach of any of the Terms and Conditions herein.

 

 

Payments on the Service

 

The rates for the transportation, logistical and/or delivery services on the Platform together with any additional charges and/or fees are stated in our official pricing portal: https://www.pindah.com/

 

Payment amounts quoted are in Malaysia currency and include Malaysian Sales and Services Tax (SST), where applicable.

 

PINDAHMAN 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.

 

PINDAHMAN reserves the right to charge a cancellation fee, as follows:

 

For a “Scheduled (>30 min)” service, 50% of the fare charges will be charged after confirmation of payment.

 

For a “Deliver Now” service, a 50% of the fare charges will be charged after confirmation of payment.

 

Once a vehicle type and starting point/end-point has been entered into the Platform, it will provide you with the delivery price. By confirming the delivery request, you agree and accept to pay the delivery price quoted and that additional charges may be imposed according to the pricing portal as mentioned in paragraph related to “Services”.

 

Payment for the Services may be done in the following manner:-

 

by deducting credits from your PINDAHMAN e-wallet immediately upon order completion;

 

PINDAHMAN shall process the application/request for top-up only after the User's Payment is cleared by the bank appointed by PINDAHMAN and upon approval by PINDAHMAN.

 

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

 

Credits sold are not exchangeable, returnable nor refundable.

 

No hard-copy 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 Platform.

 

If you have deposited delivery credits in PINDAH’s e-wallet, you are not allowed to cash out the credits under any circumstances

 

 

 

Disclaimer

 

The Platform is delivered to you on an “as is” basis and although PINDAHMAN has used its best endeavors to ensure that the Platform will work properly on your mobile device, PINDAH does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device.

 

The Platform is also delivered to you on an “as available” basis and PINDAHMAN does not warrant the availability of the Services, the availability of Driver Partner through the use of the Services, the accuracy of the data or information provided as part of the Services.

 

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

 

PINDAHMAN shall not be liable for any damages including but not limited to indirect, special, accidental, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Platform.

 

You acknowledge and agree that PINDAHMAN 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 Driver Partner.

 

You also acknowledge and agree that upon the item or goods is delivered and accepted by the consignee or confirmed by the User, the Driver Partners and PINDAHMAN are release of any liabilities of the item delivered.

 

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

 

 

Passing Of Risk

 

When your goods are transported or moved for the purpose of transportation, any risk (including destruction, accidental loss or deterioration) (“Risk“) shall pass to you as soon as we have delivered the goods to the assigned mover. As part of Our value-added Services, We will assist in ensuring the highest level of care is administered while handling and transporting your goods but we cannot accept any liability arising there from.

 

 

User obligations

 

You (User) warrant that you are either the owner or the authorized representative of the owner of the goods, and that you are authorised to accept and are accepting these Terms and Conditions for yourself or as a representative for and on behalf of the owner of the goods.

 

You (User) represent and warrant that you shall comply with 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.

 

You (User) warrant that the goods to be delivered by a Driver Partner does not contain or constitute:

 

Hunted animals; part of animals such as ivory, shark fin or other items which are made or 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, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.;

 

Illegal items including but not limited to counterfeit or pirated products, illegal drugs or addictive 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 including but not limited to knives, swords, spears, daggers;

 

Flammable materials of all kinds such as LPG, NGV, etc.

 

PINDAHMAN and/or the Driver Partners reserve the right to open and check the goods without prior notice to you where PINDAHMAN and/or the Driver Partners have any reasonable suspicious that the goods may contain or constitute illegal, unlawful or prohibited items as referred to in the above mentioned provisions herein and PINDAHMAN and/or the Driver Partners reserve the right to refuse the receipt and delivery of such goods.

 

User shall at all times be responsible for ensuring that you provide PINDAHMAN and/or the Driver Partners with accurate and sufficient details to enable the Driver Partners to complete the receipt and delivery of your goods.

 

 

Indemnity

 

User agree to indemnify and hold PINDAHMAN and its officers, directors, employees and agents harmless from any and all claims, damages, demands, losses, liabilities, and expenses arising out 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 a Driver.

 

 

Personal Data and Privacy

 

You(User) shall be required to submit your personal information to PINDAHMAN in order to use the Platform and the Services.

 

You consent to PINDAHMAN using your personal data (including but not limited to your name, pick-up and delivery addresses and contact number) as provided by you to PINDAHMAN from time to time when you use the Software for the purpose of providing the Services.

 

You consent to PINDAHMAN collecting, using, keeping and updating your personal data to such extent, for and at such time period as may be necessary when PINDAHMAN 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 PINDAHMAN is entitled to disclose your personal data to the Participating vehicles as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles when PINDAHMAN provides the Services to you.

 

You agree that the collection, use, storage and transfer of your personal data is subject to PINDAHMAN’s privacy policy the latest version thereof is at “www.Pindah.com”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions and that the terms of the Privacy Policy shall be incorporated into these Terms and Conditions.

 

PINDAHMAN may disclose to you personal data belonging to a Driver Partner during the provision of the Services. User represent and warrant that user shall not use the personal data of the Driver Partner for any purpose other than for purposes of using the Services.

 

 

Intellectual Property

 

Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property belonging to PINDAHMAN. PINDAHMAN and/or its related corporations (where applicable) shall at all times own all the rights, title and interest and to the Sites, Platform, Services, PINDAHMAN’s name, logos, trademarks, service marks, designs, copyrighted materials and all other intellectual property rights of PINDAHMAN.

 

 

Governing Law

 

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

 

You submit to the non-exclusive jurisdiction of the courts of Malaysia

 

 

Promotions

 

PINDAHMAN’s promotions are introduced from time to time. All promotions provided are subject to the prevailing regulatory requirements. PINDAHMAN reserves the right to revise, suspend or terminate these requirements or Terms and Conditions at any time and PINDAHMAN may withdraw the offer at its discretion without prior notice.

 

 

Damage Claims

 

 

 

      User acknowledge and agree that your access and use of the Platform and procurement of any transportation, logistics and/or delivery services is at User’s own risk and PINDAHMAN shall not be responsible for any lost, stolen, damaged or destroyed goods. You hereby agree that if you are desirous of insuring your goods, you shall procure your own insurance coverage. The PINDAHMAN platform has offered the insurance services as an option for your choice.

 

            For lost or damaged parcels, if User has not purchased insurance under PINDAHMAN platform, PINDAHMAN will compensate the item or goods’  value amount up to RM200 ONLY.

 

            a. Lost item claims process

            - Ensure parcel does not exceed 24 hours from the date order placed

            - Provide supporting documents such as order e-receipt, photo of item before pick up as proof of order.

            - Send the proof and photos to our Customer Service at Livechat.

 

            b. Damaged item or goods claims process

            - Must raise the claim within 24 hours from the date of item or goods received.

            - Provide supporting document such as order e-receipt, photos of item before pick up, photos or and image of damaged items or goods.

            - Send us the supporting documents to our Customer Service at Livechat.

 

 

      User may elect to use the insurance services offered on the Platform, the terms of which are set out in the respective policy document(s) which can be found at

https://www.Pindah.com/malaysia/kualalumpur/en/insurance-coverage. Such services are provided by the Company’s panel of insurance providers that the Company may at its sole discretion designate.

 

Every incident/claim request should be reported to PINDAHMAN’s Livechat within 3 days after the delivery of the goods.

 

Every filed claim must be supported with proof of evidence such as receipts, invoices, and photographs of any damaged items.

 

Our insurance provider will acknowledge your claim within 5 business days from the date of notification and provide you with the claim reference number and contact details of the claim handler.

 

Our insurance provider will assess your claim and will reply to you within 10[2]  business days from the first acknowledgement on the outcome of your claim.

 

Our insurance provider will make payment within 7 business days[3]  from the date of claim assessment outcome on payable claims.

 

 

Assignment

 

You may not assign or transfer any of your rights, interests or obligations under these Terms and Conditions, wholly or in part, without PINDAHMAN’s prior written approval.

 

PINDAHMAN may at its sole discretion and as it thinks fit and/or necessary, assign or transfer any of its rights, interests or obligations under the Terms and Conditions, wholly or in part, to:-

 

a subsidiary or an affiliated company;

 

an acquirer of the Company’s equity, business and/or assets; or

 

a successor by means of a merger or acquisition.

 

 

Waiver

 

Any failure or delay by PINDAHMAN in enforcing or exercising any right, power or remedy hereunder shall not be deemed to operate as a waiver by PINDAHMAN to enforce or exercise such right, power or remedy in future or any other right, power or remedy under these Terms and Conditions.

 

 

Severability

 

If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement, but the legality, validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.

 

 

Entire Agreement

 

These Terms and Conditions constitute the entirety of the agreement and understanding between you and PINDAHMAN with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

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