POSTO MOTORCYCLE DELIVERY
The terms and conditions of this Agreement govern your use of the services ("Services") provided by Bayo Pos Sdn Bhd (Company No.1175671-X) ("BAYO POS" or "We" or "Us" or "Our" or “Company”), a private limited company incorporated in Malaysia, either itself or through its subsidiaries or licensees, via our mobile application (“Mobile Apps”) or any other platforms designated by Us ("Portal or Mobile Apps").
By using the Portal or Mobile Apps, you shall be deemed to have indicated and confirmed that you have read, understand and agree to be bound by the terms and conditions herein (“Terms and Conditions”). If you do not agree with the Terms and Conditions, please do not use this Portal and Mobile Apps and we disclaim any responsibility and/or liability to you arising whether directly or indirectly from the access and/or use of the Portal or Mobile Apps by you.
The Services constitute a platform that enables our users to arrange and schedule transportation and/or logistics services with third party providers of such services, including independent third party transportation providers and third party logistics providers (collectively referred as the "Service Provider").
YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTAION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY US OR ANY OF OUR AFFILIATES.
1. WHEN YOU REGISTER WITH US
1.1 To fully access or use the Portal or Mobile Apps, you are required to register for an account by providing, among others, your name, email address and your mobile number and such other information and/or particulars as we may determine.
1.2 You shall provide us with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in the immediate termination of this Agreement without the need for us to issue any notice to you.
1.3 In registering an account, you shall not:
(a) select or use as an account a name of another person with the intention to impersonate that person; or
(b) use as an account a name subject to any rights of a person other than you without appropriate authorization; or
(c) use as an account a name that is otherwise offensive, vulgar or obscene.
1.4 We reserve the right to refuse any registration of, or cancel an account in our absolute discretion and without the need to provide any reason thereto. You shall be responsible for maintaining the confidentiality of your password and we shall not be liable or responsible on the usage of the password by you or by any other person.
1.5 Unless specifically stated otherwise, the account is strictly personal to you and cannot be shared with third parties or transferred to third parties.
2. OUR GUIDELINES TO USE THE PORTAL OR MOBILE APPS
The use of this Portal or Mobile Apps is subject to our guidelines. You shall only use the Portal or Mobile Apps for lawful purpose and you are prohibited to:
(a) use the Portal for sending any unlawful material or for fraudulent purposes;
(b) cause nuisance, annoyance, inconvenience or make fake bookings via the Portal;
(c) use the Portal for purposes other than obtaining the Services;
(d) contact any Service Provider for purposes other than the Services;
(e) impair the proper operation of the Portal or Services;
(f) harm the Portal or Services in any way whatsoever;
(g) copy or distribute the Portal or other content without written permission from the Company.
3.1 You may pay for the Services via our Portal or Mobile Apps or other methods designated by us. You are not required to pay any fees to the Service Provider directly (unless expressly stated) and if you do so without our prior knowledge, we do not consider it as payment of our Services and we will still charge you for the Services. No refund will be made for such payment made to the Service Provider.
3.2 We have the right to suspend the processing of any transactions where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of this Agreement.
3.3 You agree that you will cooperate in relation to any crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.
3.4 You shall be responsible to resolve on your own any disputes, claims or other complaints, which you may have with the issuer of your debit and/or credit card.
4. HOW WE DEAL WITH PERSONAL INFORMATION
When you use the Portal or Mobile Apps, we will collect, store and use certain information as listed here, name, mobile number, email address, vehicle plat number, sender address and receiver address. If you do not agree to such provisions, please do not use the Portal or Mobile Apps.
5. HOW WE DEAL WITH CONFIDENTIAL INFORMATION
5.1 Confidential Information is important to the both of us. In view of this, we will not disclose or use your Confidential Information and likewise, you will not disclose or use our Confidential Information. However, nothing binds us from the acts of the Service Provider who may mishandle your Confidential Information.
5.2 "Confidential Information" means any information disclosed or made available to you by us or vice versa, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.
5.3 However, Confidential Information does not include information other than information that:
(a) is or becomes publicly known and generally available other than through your action or inaction; or
(b) was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.
5.4 You acknowledge, consent and agree that we may share your account information with any of our related companies, affiliates, representative offices and joint venture partners, which may be located in Malaysia or overseas; and we may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any contents violate the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect our rights, property or personal safety, our users and the public.
6. DISPUTE WITH SERVICE PROVIDER
We are under no obligation to resolve any dispute between you and the Service Provider. Any complaints, claims and/or disputes between you and the Service Provider shall be made or dealt by you directly with such Service Provider and we shall not be held responsible and/or liable whether directly or indirectly in respect of such complaints, claims and/or disputes.
7. OUR LIABILITY TO YOU WHEN YOU USE OUR PORTAL OR MOBILE APPS
You release us (and our officers, directors, agents, subsidiaries, joint ventures, partners and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the use of the Portal, Mobile Apps and/or Services including any damages to your goods, vehicles and/or belongings due to any act, omission, breach, default and/or negligence of the Service Provider. We are not responsible for the actions of the Service Provider as they are not our employees and/or agents.
8. OUR INTELLECTUAL PROPERTY RIGHTS
8.1 You acknowledge that we own all rights, titles and interests, including without limitation all Intellectual Property Rights (as defined below), in and to the Portal or Mobile Apps, and that you will not acquire any rights, titles, or interests in or to the Portal or Mobile Apps except as expressly set forth in this Agreement.
8.2 You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.
8.3 You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Portal or Mobile Apps.
8.4 "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.
9.1 We will send a notification to your recipient via text message and email upon request of Type Allocation Code (TAC) confirmation code for registration process. Our payment Service Provider also will send email notification upon successful transaction.
9.2 We will send you information containing advertisements and promotions of our affiliates and partners if you have opted-in to receive them. If you have however opted out, we may still send you notification relating to on-going activities on the Portal or to inform you about new products or services provided by us.
9.3 You may unsubscribe by contacting us or using the unsubscribe option in the email updates that we forward to you.
10. WHEN CAN WE SUSPEND OR TERMINATE YOUR ACCOUNT
10.1 We may suspend or terminate your access to all or any part of the Portal at any time, with or without cause, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of this Agreement, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10.2 We will suspend or terminate your access to the site/Portal if you are determined to be, in our sole discretion, a defaulter of the Terms and Conditions.
10.3 We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time as determined by us in our absolute discretion.
10.4 We may, but shall not be obligated to, give you one warning if you have violated this Agreement prior to suspension or termination of your account.
10.5 We reserve the right to terminate this Agreement if your account is inactivity for more than 360 days, with the date of termination being the 360th day following the date of the last transaction done by you.
11. WHAT HAPPENS AFTER TERMINATION
11.1 In the event that this Agreement terminates for whatsoever reasons, the following shall be applicable:-
(a) your access to the Portal and Mobile Apps shall immediately be terminated;
(b) you shall continue to comply with all of the obligations on your part under this Agreement which are not affected by termination;
(c) we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you.
(d) any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of this Agreement which shall have occurred prior to such termination shall not be affected or prejudiced.
12. WHAT HAPPENS IF THERE IS A DISPUTE BETWEEN US
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.
13. CAN WE MODIFY THIS AGREEMENT
13.1 We reserve the right to change the Terms and Conditions from time to time. We may change any or all aspects of services provided by the Portal at any time and without notice. Nothing in this Agreement will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.
13.2 If the alterations constitute a material change to the Terms and Conditions, we will notify you by posting a notification on this Portal. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions as modified.
13.3 What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
14. GENERAL TERMS
14.1 Nothing in the Agreement prohibits us from adding, withdrawing or modifying the functions and operations of the Portal and we reserve the right to do so.
14.2 You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Portal and/or your breach of any term of this Agreement.
14.3 This Portal may contain links to third-party web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.
14.4 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14.5 If any of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of this Agreement will not be affected.
14.6 In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
14.7 We do not represent or warrant that:
(a) access to the Portal or any part of it, will be uninterrupted, reliable or fault-free; or
(b) the Portal or any of its contents will be accurate, complete or reliable.
14.8 We do not guarantee or warrant that the data stored in our server or generated by the Portal will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.
14.9 By using the service, you are also agreeing to accept the term and condition that set out by the Service Provider.
# Courier Service Provider #
By the Conditions set out below by FGV Courier Posto (there after collectively referred as FCS) and its servants and agents are firstly NOT TO LIABLE AT ALL FOR CERTAIN LOSSES AND DAMAGE and secondly if they are to be liable THE AMOUT OF LIABILILITY is in circumstances LIMITED TO THE AMOUNT STATED. Customers are therefore advised to seek their own insurance coverage in any area in which liability and fault are not clearly accepted by FCS.
1. FCS shall in these conditions include their respective associate and subsidiaries companies and approved agent in the country of residents of the customer or if the customer is a body corporate or a company the customer's place of business.
2. Any business undertaken by FCS is carried out subject to the conditions hereinafter set out, each of which shall be deemed to be incorporated in any to be a condition of any agreement whether written, oral or implied between, FCS and a customer. FCS shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of FCS by an authorized officer thereof. In the absence of any such written agreement to the contrary the conditions herein shall constitute the entire agreement between FCS and each of its customers.
3. FCS is not a common carrier and will only carry documents subject to the conditions herein which can only be altered by written agreement with FCS. FCS reserves the right to refuse the carriage or transportation of any documents or goods for any person, firm or company and the carriage or transportation of any class of documents or goods at its discretion.
4. FCS undertakes subject to payment in accordance with rates notified to the customer from time to time, to carry the customers’ documents between destinations agreed between FCS and individual customers. FCS reserves the customers' documents by any route and procedure and by excessive carriers and according to its own handling storage and transportation methods.
5. FCS will notify customers from time to time of the materials which are not accepted by FCS for carriage goods in this regard (see Clause 15). Where customers are applied by FCS with a pouch it is the customers responsibility to place all documents for carriage on that pouch which will be collected from the customers premise or as otherwise agreed by FCS representative for onward transmission.
6. Any rates quoted by FCS for carriage all exclusive of Value Added Tax, where applicable, but are inclusive of local airport taxes, which taxes constitute the local liability of FCS in connection with taxation duties, levies, imports, deposits or outlays in respect of carriage of the customers documents. Quotations are given on the basis of immediate acceptance and are subject to rights of withdrawal or revision without notice.
7. The customer is liable for all losses, damages and expenses arising as a result of its failure to comply with its obligation hereunder or as a result of its own negligence. FCS will be liable for any penalties imposed or loss incurred due to the customers documents being impounded by customs or similar authorities and the customer hereby agrees to indemnity FCS against any such penalty of loss FCS accepts to responsibility for incorrect packaging or damage to documents or goods consigned unless such damage can be proven to have arisen through the gross negligence of FCS its servants or agents. It is the sole responsibility of the customer to address adequately each of the documents to enable effective delivery to be made. FCS shall not be liable for delay in delivery of forwarding resulting from the customers’ failure to comply with its obligation in this respect.
8. FCS reserves the right to inspect the documents consigned by the customers to ensure that all documents or particulars items are capable of carriage to the country of destinations within the standard operating procedures. Customer declaration and handling method of FCS. In making reservation, FCS does not warrant that any particular items to be carried in capable of carriage without infringing the Law of any country or state from to or through which the item may be carried.
9. FCS will only carry documents which are the property of the customer and the customer warrants that is authorized to accept and is accept this condition not only on behalf of itself who are or may thereafter become interested in the documents The Customer hereby undertaken to indemnify FCS against any damages, cost and expenses resulting from any breach of this warranty.
10. FCS is only responsible for the customers documents whilst such documents are within its custody or control and shall be liable subject to Clause 11 hereof for loss sustained by the customer due to damage of loss of the documents whilst under FCS custody or control provided that such loss of damage was due to the negligence of FCS its servants or agents. Save as aforesaid FCS shall be under no liability in respect of the documents carried by it and in particular shall not be liable for consequential loss however the same shall arise. The parties agree that consequential loss shall be deemed to include without restriction commercial, financial or other direct loss including loss of interest and utility. Whilst FCS will try to deliver documents in accordance with any agreed schedule FCS will not be liable for any delay or non-performance of any carriage.
11. (a) FCS shall not be liable for or in respect of any loss of damage suffered by the customer however caused of arising and without limiting the generality of the foregoing, whether caused or arising by reason or on account of loss or damage to goods destruction of goods as a result of miss-delivery or non-delivery, concealed damage, deterioration, contamination evaporation, cancellation or delay in scheduled air flights, in customers procedures of any internal re-mailing or any other means or on-forwarding in or to overseas countries, war, invasion acts of foreign enemies, hostility (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power confiscation, nationalism or under the order of any government or public or local authority.
(b) FCS shall not be liable under any circumstances for any loss damage or expenses arising from or in any way in connection with marks, weights, numbers, brand contents quality or descriptions of any goods.
(c) FCS shall not under any circumstances be liable for loss or damage resulting from or attributable to any question, statement representation or information whether oral or in writing howsoever or to whomsoever made or given by any servant employee of agent of the customer as to the classification of or liability for amount scale or rate of customs duty or other impost or tax applicable to any goods or property whatsoever of as to whether any goods or property are such that the customer shall commit any breach of any Act of Parliament, Regulation or Ordinance made in respect of the same.
(d) FCS does not give any advice with respect to the provisions of any Act of Parliament or rules or regulations made thereunder or of any subordinate or autonomic legislation or whatsoever type or kind or represent or advise that any action by it or on behalf complies or will comply with such provisions FCS does not claim that it possesses the standard of competence or is prepared to exercise the diligence generally shown by persons who carry on the business of giving advice of the kind herein before referred to FCS is not acquainted with the standard or capable of complying with the standard and has not appreciation of the nature and magnitude of the loss which the customer may sustain, if the acts of FCS do not comply with such provisions.
12. Goods or documents which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold by FCS or returned to the customer at the FCS's option at any time after the expiration of 21 days from the date of the notice in writing sent to the address from which FCS collected the goods or documents. All the charges and expenses arising in connection with the sale or return of the goods of documents shall be paid by the customer. A communication from any agent or correspondent of FCS to the effect that the goods of documents cannot be delivered for any reason shall be conclusive evidence of the fact.
13. Any claim brought by a customer against FCS, in respect of others and liabilities hereinafter must notified by the customer to an officer of FCS in writing within 28 days from the date the documents should have reached their destination. No claim may be made against the side this time limit.
14. For the purpose of establishing the amount of FCS's liability under these conditions, the value of documents of the goods shall be ascertained by reference to their replacement or reconstitution at the time and place of shipment but without reference to their commercial utility to the customer and other items of consequential loss. NOTWITHSTANDING the aforesaid it is hereby expressly agreed between the parties hereto that the liability of FCS's in any event shall NOT EXCEED M$150.00 or its equivalent per consign.
15. FCS will not carry (in addition to those items mentioned in Clause hereof) dangerous, hazardous, combustible or explosive materials, gold and silver bution, coin, dust, cyanides precipitates, or any form of uncoined gold and silver are bullion platinum and other precious and semi-precious stones including commercial carbons or industrial diamonds current (paper or coin) of any nationality uncancelled postage or revenue stamps, war savings or thrift stamps, blank or endorsed in blank cashier's cheques, money order's or traveller's cheque, letter, antiques, pictures, livestock or plants and in the event that any customer should consign such items with FCS the customer shall be indemnify FCS for all claims, damages and expenses arising in connection therewith the FCS shall gave the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon FCS having knowledge that such items infringes these conditions.
16. FCS is not an air transport undertaking within the Warsaw Convention 1929 and subsequent air carriage treaties and legislation. FCS only acts as agents for its customers when consigning documents with a particular airline for onward carriage, and without prejudice to its general right of subrogation hereunder FCS shall have right to recover compensation from any airline for loss damage or expense which FCS shall either incur itself or which loss, damage or expense shall have accrued to a customer hereunder.
17. All Agreements between FCS and its customers shall be governed by local law and within the exclusive jurisdiction of the local Courts.
# Disclaimer #
All Content which is available on this website and the services herein are provided on an "as is" and "as available" basis and are strictly meant for your reference and information only, and shall not, at any time whatsoever, be assumed or deemed to be intended for any business or commercial purposes or to constitute an offer or solicitation and/or the giving of advice in respect of services by us and/or any of our subsidiaries, affiliates and business partners. You are therefore advised to obtain independent professional advice at all times and verification of the said Content before making any decisions based on the same.
While we shall use our best efforts to ensure that the Content herein or any portion thereof are, as far as possible, accurate, complete, current and true, you acknowledge and agree that certain Content transmitted or made available through the web site may be provided by third parties, therefore, we do not warrant the same and further, we expressly disclaim all liability for any errors, omissions or inadequacies in the Content herein or any portion thereof. Further, we do not give any kind of warranty, whether express, implied or statutory, including but not limited to warranties of user ability, fitness for a particular purpose, non-infringement or freedom from viruses. We also do not warrant that this website, the services herein and the Content will meet your requirements, be uninterrupted, timely or secure.
You are solely responsible for making your own assessment when accessing and using this website, the services herein and the Content and you agree that your access and use thereof shall be at all times at your sole risk.
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