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Terms and Conditions

As a “User” of this EFINAIR application, you hereby agree to the following Terms & Conditions:

1. DEFINITIONS

  1. “User” means Person who installs a copy of the Software on a mobile device and submits an Order through the Software for Private Carrier to be performed in Malaysia.
  2. “Driver” or “Drivers” or “Rider” means an independent third party driver or rider who have agreed to accept bookings from you and provide transportation, logistics and/or delivery services through the Platform;
  3. “User” means Person who installs a copy of the Software on a mobile device and submits an Order through the Software for Private Carrier to be performed in Malaysia
  4. Services means the services as set out in the paragraph 4 (1)
  5. “Platform” means the technological platform in whatsoever and howsoever form as EFINAIR may from time to time determine whereby a user can arrange and/or schedule transportation, logistics and/or delivery services for goods;
  6. “Terms and Conditions” means these terms and conditions as amended from time to time pursuant to paragraph 3(b).
  7. Unless the context otherwise requires, reference to any paragraph is to the paragraph of these Terms and Conditions.
  8. “Shipment” means all packages, parcels, delivery items or any part of the articles therein or contents thereof that travel under one Order
  9. “User Wallet” refers to the deposit of money made by the User with EFINAIR, from which deposit the fees and charges due for an Order may be deducted, and over which deposit the User has full and complete control until the total order cost is deducted as a result of a completed transaction.

2. SOFTWARE LICENCE.

EFINAIR provides a refundable, limited, non-exclusive, non-assigned and non-sub licensable license to install and use a copy of the platform on your own mobile device for your use and is subject to these Terms and Conditions ۔

  1. You shall not rent, lease, sublicense and 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, logistics and/or delivery services,
  2. 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,
  3. You will not install and / or implement platforms on any device other than a mobile device running an operating system approved by EFINAIR.
  4. Engage in any illegal or unlawful activity that violates any applicable laws and regulations,
  5. Use the platform in any way to track, harass or harm anyone.
  6. You shall not Upload or spread any kinds of computer viruses, worms, Trojans, or malicious codes,
  7. Interrupt the normal performance/operation of the Platform, or use any methods to export or modify the source code of the Platform,
  8. Cause or facilitate unauthorized access to or deny authorized access to, any software, hardware, network, services, systems or data,
  9. Post, distribute or reproduce any information or content on the platform that is offensive, defamatory, obscene, threatening or illegal
  10. Engage in spamming and phishing activities.

3. TERMS AND CONDITIONS

  1. Your use of our Website, Mobile Website (collectively known as “Sites”), Mobile App, Platform and Services will be subject to these Terms and Conditions and you hereby agree that your use of the Sites, Platforms and Services will bound you to abide by these terms and conditions.
  2. The EFINAIR may modify these Terms and Conditions from time to time at its sole discretion as it deems necessary, and such amended Terms and Conditions shall come into force immediately after posting the same on EFINAIR website.
  3. Your continued access to and / or use of the Sites, Platforms and Services will automatically be deemed as an acknowledgement and your consent to be abide by these amended or additional terms and conditions.
  4. These Terms and Conditions apply to your use of sites, platforms and services in the territory of Malaysia.
  5. EFINAIR shall not be held liable for any loss or damage due to any delay in transportation or transit of any consignment.
  6. It the goods are not ready at the specific time, EFINAIR can reject the order and refuse to accept the order or impose additional fee and charges on the user.
  7. Once the order is confirmed, there shall be no changes or alteration to the consignment.
  8. EFINAIR reserves the right to refund to you the equivalent sum of amount paid by you in the event EFINAIR for any reason is unable to process the application/request for Services. Credits sold can only use for delivery fees of EFINAIR deliveries on app. No hard-copy receipt will be provided to you.

4. SERVICES

  1. EFINAIR provides services to facilitate the perfection and performance of the agreement between the user and the Driver.

i) The computation and determination of the fees and charges for the fulfilment of an Order,

ii) The publication of the details of an Order to eligible Driver for their acceptance,

iii) Upon the acceptance by a Driver of an Order, the transmission to the User of the details of the Driver who has accepted the Order,

iv) Where the option for payment using the User Wallet is selected by the User, the confirmation of receipt of the payment of the fees and charges, for and on behalf of the Driver, which sum shall be deducted by EFINAIR from the User Wallet of the User for the account of the Driver.

5. USERS ACCOUNT

  1. User warrants that he has the legal capacity to enter into and form contracts under Malaysian laws.
  2. By availing of EFINAIR’s Services, the User conclusively agrees that the logistics services to be provided by the Driver shall be subject to the terms and conditions.
  3. By availing of EFINAIR’s Services, the User shall provide EFINAIR complete and accurate information in submitting the Order, such as the description of the delivery items included in the Shipment, his choice of delivery vehicle type, add-on services availed, and handling instructions of the Shipment, if any, through the Software for initial determination of applicable rates.
  4. The User warrants that he is either the owner or the authorized agent of the owner of the Shipment, and that he is authorized to accept and is accepting these Terms and Conditions not only for himself but also as agent for and on behalf of the owner of the Shipment.
  5. User shall be responsible for the security of his account, shall safeguard any login name and password EFINAIR may provide in relation to the Software and the Services and shall not disclose them to third parties, and undertakes to immediately notify EFINAIR if there is any reason to believe that the security of the account has been compromised.
  6. The User warrants that he has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Shipment. User shall not propose to dispatch any articles that are prohibited by law, dangerous or hazardous materials or substances, radioactive material, or which may be harmful to the Driver or the delivery vehicle.
  7. The User is liable for any loss or damage suffered by the Driver, EFINAIR or any third party as a result of User’s violation/s of herein terms and conditions and/or the Contract with the Driver.
  8. The User agrees to hold EFINAIR free and harmless from any legal liability to any third party as a result of any breach of the
  9. User’s obligations under herein terms and conditions and/or the Contract with the Driver.
    The User acknowledges that he or she has full and complete control over the outstanding balance of the User Wallet, including the right to demand a refund of the same, until a deduction is effected with respect to the outstanding balance as a result of a completed transaction.
  10. The User acknowledges that, in the event the Shipment is not accepted by the designated recipient, EFINAIR shall return the same to the User within the same day at the pickup point. If the User fails to accept the return of the same, EFINAIR shall not be held liable for the said Shipment and may dispose the Shipment within one (1) calendar day if the Shipment is perishable or ten (10) calendar days if non-perishable from the date when EFINAIR attempts to return to the User the Shipment and in any manner as EFINAIR may deem fit. In addition, EFINAIR shall have the right, but not the obligation, to open and inspect the Shipment during the said period before disposal. All expenses for the return of the Shipment to the User shall be shouldered by the User. Upon the lapse of the said period, the User shall be deemed to have forfeited and/or waived all rights to such Shipment, as well as any and all claims that it may have against EFINAIR as a result of the return of the Shipment.

6. E-wallet

  1.  Top up money to EFINAIR wallet will create a facility for Customer to maximize the advantages of non-cash payments.
  2. Customer may top up money into wallet by connecting all types of credit card, international debit card (Credit/Debit from Visa/Master card), bank transfer, or other forms supported by EFINAIR.
  3. The outstanding amount in wallet will be used for delivery charges payment for orders placed on EFINAIR app and is not convertible to cash or other forms of money transfer.

7. FEES AND CHARGES

  1. Payment amounts quoted are in Malaysia currency and include Malaysian Sales and Services Tax (SST), where applicable.
  2. The User will be charged the Standard Transport Fee in accordance with the prevailing “Rates” at the time of the Driver’s acceptance of the Order.
  3. Prevailing rates are indicated in the “Pricing” section on the EFINAIR website or in the Software.
  4. The fees and charges for the User’s Shipment are determined in accordance with specified maximum weight, size, and quantity of the delivery item/s, the vehicles used, pickup and drop off points and add-on services availed, if any, as the case may be.
  5. Additional charges, including but not limited to toll, parking fees and such other fees and expenses which are necessary, related or incidental to effect delivery to the recipient or return of the Shipment to the User shall be for the User’s exclusive account and are not included in the Standard Transport Fee to be charged against the User.
  6. An adjustment of the rates as well as additional charges shall likewise apply if the weight, size or quantity of the Shipment declared by the User is different from the actual weight, size, or quantity thereof.
  7. In the event that the Shipment is not accepted or refused by the recipient or the recipient’s representative/s, all expenses for the return of the Shipment to the User shall be shouldered by the User.
  8. EFINAIR reserves the right to charge a cancellation fee, as follows:

i) For a “Scheduled (>30 min)” service, the base fare will be charged if you cancel after the driver arrives at the pickup location.

ii) For a “Deliver Now” service, the base fare will be charged if you cancel 5 minutes after being matched to the driver and/or after the Driver arrives at the pickup location.

iii) For a Driver who is on the way to the pickup location: the Driver will call you to confirm the order prior to departing. If delivery is confirmed with the Driver and a cancellation happens after the scheduled time, 50% of the order fee will be chargeable to the customer. EFINAIR will assist in communicating the charges to the customer on the driver’s behalf.

iv) 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 accept to pay the delivery price quoted and that additional charges may be imposed according to the pricing portal.

9. The User shall pay the Driver in accordance with the agreed mode of payment selected through the Software upon submission of the Order.

10. For Users availing of payment using the User Wallet option, the final adjusted rates and additional charges shall be deducted  from the User’s Wallet. Of the total fees and charges to be deducted from the User Wallet as a result of a completed delivery of a Shipment, eighty percent (80%) shall be paid to the Driver, while twenty percent (20%) shall be received by EFINAIR on its own behalf.

11. EFINAIR 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.

12. Payment for the services may be done in the following manners:

i) Cash or online

ii) By deducting credits from your EFINAIR e-wallet, immediately upon completion of your order.

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

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

15. Credits sold can only use for delivery fees of EFINAIR deliveries on app.

16. 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.

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

8. DISCLAIMER

  1. The Platform is delivered to you on an “as is” basis and although EFINAIR has used its best endeavours to ensure that the Platform will work properly on your mobile device, EFINAIR does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device.
  2. The Platform is also delivered to you on an “as available” basis and EFINAIR does not warrant the availability of the Services, the availability of Drivers through the use of the Services, the accuracy of the data or information provided as part of the Services.
  3. EFINAIR does not make any representation or warranty in respect of the quality or timeliness of any transportation, logistics and/or delivery services provided by the Drivers. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the Drivers and you shall have no claim against EFINAIR for any amount of money, valuables, bank notes, coins, travel cheques and precious objects like gold, silver, polished or unpolished precious stones or other valuable items.
  4. EFINAIR shall not be liable for any damages including but not limited to indirect, accidental, special, 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.
  5. You acknowledge and agree that EFINAIR 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.
  6. At all times, the risk on the consignment goods remains with the end-user/ sender.
  7. The foregoing limitations and exclusions apply to the extent permitted by law.

9. RESPONSIBILITIES OF USERS

  1. You will be responsible at all times to ensure that you provide accurate and appropriate details to EFINAIR and / or drivers so that drivers can complete receipt and delivery of your goods.
  2. You 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.
  3. You guarantee that you are either the owner of the goods or the authorized representative, and that you are authorized to accept the terms and conditions for yourself or on behalf of the owner of the goods and as a representative.
  4. EFINAIR and / or drivers have the right to open and check your luggage without prior notice where EFINAIR and / or drivers have a reasonable suspicion that the goods contain illegal, illegal or prohibited items or Can be formed. EFINAIR and / or drivers, have the right to refuse receipt and delivery of such goods.
  5. You warrant that the goods to be delivered by a Driver does not contain or constitute;

i) 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,

ii) Bones, Human body part, ashes etc,

iii) Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.,

iv) Illegal items including counterfeit or pirated products, illegal drugs or addictive items, illegal property or anything that is against the laws, rules and regulations set by the federal, state or local government, including those available to consumers. The material is legally in possession but is not permitted to be transferred or relocated in whole or in part, Sharp or hazardous objects including but not limited to knives, swords, spears, daggers,

v) All kinds of Flammable materials.

10. ASSURANCE

  1. You agree to hold and indemnify EFINAIR and its officers, directors, employees and agents for any claims, damages, demands, damages, liabilities, and costs arising out of or in connection therewith;

i) Your breach or violation of any of the terms of the Terms and Conditions,

ii) Your violation of the rights of any third party, including a Driver.

11. PARTICULARS OF YOUR PERSONAL DATA AND PRIVACY

  1. The User may be required to submit personal data to EFINAIR in order to use certain functions of the Software, and the User confirms that the personal data so provided is true, correct and up to date.
  2. The User agrees to EFINAIR’s Privacy Policy and acknowledges that EFINAIR is entitled to collect, use, keep, store, update and otherwise process his/her personal data to such extent, for and at such time periods, as may be necessary for EFINAIR to provide the Services, fulfill its contractual obligations related to the provision of said Services. Specifically, the submitted personal data may be used for or in;

i) The publication of an Order from User for acceptance by a Driver,

ii) Confirmation/ clarification of the Order information between the User and the Driver,

iii) Tracking the booked vehicles,

iv) Determining compliance with the terms and conditions of these Terms and Conditions,

v) Addressing User complaints against the Driver,

vi) Verifying the truthfulness of the submitted personal data,

vii) Compliance with legal process and investigation,

3. And other acts or procedures which are reasonably necessary or connected with the provision of the Services.The User agrees that EFINAIR may likewise share his or her personal data with third parties, including but not limited to contractors, subcontractors, agents and corporate partners (“Third Parties”), as well as said Third Parties’ member companies, affiliates and/or service providers, as may be necessary for EFINAIR to provide the Services and fulfil its contractual obligations related to the provision of said Services by EFINAIR. Prior to sharing the User’s personal data, EFINAIR shall provide the User the following information:

i) that the User’s personal information will be given to the relevant third party and/or its member companies, affiliates and/or service providers,

ii) the purpose of the data sharing,

iii) the categories of personal data concerned,

iv) Other intended recipients or categories of recipients, such as the third party’s member companies, affiliates and/or service providers,

v) the existence of the rights of Users with respect to said personal data, including the right to access and correction and the right to object,

vi) any other information that would sufficiently notify the Users of the nature and extent of the data sharing to be undertaken under this agreement and the third party’s subsequent processing thereof.

4. The User agrees that EFINAIR shall not be liable for any misuse by the Driver of the User’s personal data.

5. The User will receive and use the Driver’s personal data (Driver’s submitted name and contact number) for the purpose of fulfillment of the User’s Order pursuant to the obligations of the User and Drivers under their relevant Contract.

6. The User shall not use the Driver’s personal data for any illegal acts. The User agrees that he will be liable to the Driver for any misuse of the Driver’s personal data, and he agrees to hold EFINAIR free and harmless from the misuse of the Driver’s personal data.

12. INTELLECTUAL PROPERTY

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

13. GOVERNING LAW

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

14. CLAIMS FOR DAMAGE OR LOSS

  1. You acknowledge and agree that your access and use of the Platform and procurement of any transportation, logistics and/or delivery services is at your own risk and EFINAIR shall not be responsible for any lost, stolen, damaged or destroyed goods.
  2. You hereby agree that if you are desirous of insuring your goods, you shall procure your own insurance coverage.
    Without derogating from 14 (A) above, where you elect not to use any insurance service, EFINAIR shall nevertheless reimburse to you the cost for any lost, stolen, damaged or destroyed goods transported by a Driver.
  3. EFINAIR shall not be held liable for any loss or damage due to any delay in transportation or transit of any consignment.

15. ASSIGNMENT

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

i)  a subsidiary or an affiliated company;

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

iii) a successor by means of a merger or acquisition.

16. DRIVER’S LIABILITY
1. Driver/ partners shall take all reasonable precaution to prevent unauthorized persons from having access to the shipment and shall also take all reasonable precaution against loss of or damage to the shipment.
2. Driver/ partners shall make reasonable effort to deliver the shipment according to the respective delivery schedules, which are estimates only and not guaranteed.
3. Driver/ partners shall not be liable for any loss or damage arising from or in connection with:

a) The delivery of shipment.
b) User’s failure to specify any precautions to be taken in respect of a shipment, as required under our terms and conditions.
c) Participating driver’s failure to perform any of his/ her obligations hereunder as a consequence of circumstances outside his/her control;
d) Any acts or omissions of any party other than the driver.

4. Driver/ partners are not obligated to allow customers to ride with them.
5. Driver/ partners are strictly not allowed to extend quotation out of EFINAIR’s delivery app pricing for ferrying of users.
6. By signing up as a driver partner with EFINAIR, you authorize Sun Wiprov Logistics Sdn Bhd to quote the service fee on your behalf as per the pricing rates stated on our platform.
7. Acting as an agent between you and the users, Sun Wiprov Logistics Sdn Bhd reserves the rights to claw back all payments made to you in case the user defaults any payments to Sun Wiprov Logistics Sdn Bhd.

17. CANCELLATION OF ORDER BY DRIVER
a) The following table shows what constitutes as valid and non-valid cancellations by drivers:

SR #

VALID CANCELLATION REASONS

1

Order requests out of EFINAIR service level agreement without any remarks input. (To be
verified with customer)

2

Vehicle broke down (Receipt with proof of date and vehicle registration number)

3

Cancellation requested by customer (To verify with customer)

4

Wrong specification from customer upon arriving at pick up point. (To verify with customer)

5

Waiting time exceed 30 minutes (No cancellation and waiting time fee to be claim)

6

Customer unreachable

7

Delay by previous order (must inform to customer service team 40 minutes before order
timing and cancelled order must be taken at least 1 hour before the current order)

SR #

INVALID CANCELLATION REASONS

1

Taken by mistake

2

Personal Reasons

3

Other appointments

4

Vehicle broke down (No proof of receipt with date and vehicle registration number.

5

Sick (No medical certificate proof with name and date)

6

Delay by previous order (inform customers service team less than 40 minutes before order
timing and cancelled order was taken less than 1 hour before the current order)

b) Following penalties will apply to drivers for order cancellations without a valid reason;

ORDER CANCELLATION POLICY

Cancellation Count

Penalty

1

1 day suspension plus phone counseling

2

2 days suspension plus phone counseling

3

4 days suspension plus phone counseling

4

10 days suspension plus phone counseling

5

30 days suspension plus phone counseling

6

Permanent ban

c) When driver is on suspension, all future orders must be unassigned.
d) Cancellation on and after order timing for immediate/scheduled orders will be confiscation of security deposit and permanent ban.
e) Cancellation 20mins before order timing for scheduled orders will be permanent ban.
f) Drivers reserve the rights to cancel the order if the waiting time exceeds 30 minutes starting
from the indicated order pickup time chosen by the user.
g) In such scenario, drivers will not be liable for any disruption to users’ deliveries.
h) In such scenario, drivers will not be able to claim for any waiting time charges and/or cancellation fees from users or EFINAIR

18. ENGAGEMENT OF SERVICES OUTSIDE EFINAIR PLATFORM

  1. Drivers should not engage with our customers outside of EFINAIR’s platform directly/indirectly within a period of 12 months after the order is being completed.
  2. Should customer have special requirements not catered within the EFINAIR platform, drivers are obligated to direct customer to our sales team and we would be more than happy to assist them.

19. WAIVER

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

20. 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.

21. ENTIRE AGREEMENT

This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

22. ACCEPTANCE

Use of this mobile app or website provided via your mobile and wireless devices will constitute acceptance of your agreement to the terms and conditions outlined above, as such terms may be modified from time to time. In this regard, EFINAIR reserves the rights to amend these terms and conditions from time to time and your continued use of this website/ mobile app after any changes shall constitute your consent to such changes. If you are dissatisfied with any portion of this website/ mobile app or with any or all the terms and conditions, you sole and exclusive remedy is to discontinue using this mobile app or website.