Terms of Service

By using this Service, you agree that you have read, understood, accepted and agreed with the Terms and Conditions stated herein. You further agree to the representations made by yourself below. If you do not agree to fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application and/or Service.

The Terms and Conditions stated herein (collectively, the “The Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and LINK EFFECT (M) SDN BHD [Company No.: 1301044-W] (“the Company”). In order to use the Service (each as defined below), you must agree to the Terms and Conditions that are set out below. By using the application supplied to you by the Company (“the Application”) and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking logistic transportation services to certain destinations matched with third party logistic transportation providers, drivers and vehicle operators (collectively, “the Services”), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions and any future amendments and additions to this Terms and Conditions as published from time to time herein.

The Company offers information and a method for logistic transportation providers, drivers and vehicle operators to schedule, obtain and establish contact with Customers, but does not and does not intend to provide logistic transportation services or act in any way as a logistic carrier or provider, and has no responsibility or liability for any logistic transportation services provided to Customers by you.

The Company reserves the right to modify, vary or change the Terms and Conditions of this Agreement or its policies relating to the Service at any time as it deems fit. Such modifications, variations or changes to the Terms and Conditions policies relating to the Services shall be effective upon the posting of an updated version herein. You agree that it shall be your responsibility to review this Agreement regularly whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of such changes.

The Company is a TECHONOLOGY COMPANY that does not provide or engage in logistic transportation services and the Company is not a logistic transportation provider. The software and application are intended to be used for facilitating you (as a logistical transportation provider, also known as the “Haulier”) to offer your transportation services to the customer or you (as a customer, also known as the “Lister”) to obtain logistical transportation services from providers. The Company is not responsible or liable for the acts and/or omissions of any provider and/or customer. The Company is not responsible and/or liable for any illegal action committed by you. You shall, at all time, not claim or cause any person to misunderstand that you are the agent, employee or staff of the Company and the services provided by you is not, in anyway, deemed as services of the Company.

You are strictly forbidden to use the Services for such other purpose such as but not limited to data mining of the Company’s information or information related to the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage and the Company reserves the right to take such action as may be appropriate or permitted under the laws against you and/or any person, whether natural or artificial., directing or instructing you, in the event you misuse the Services other than for the purpose for which it is intended to be used.

Should there be any conflict arising between the terms and conditions herein with the any other terms condition and/or any other practice and/or provision of the law, it is agreed between parties that these terms & condition shall prevail and govern the whole business transaction.

The definition of “You” referred in this Terms & Conditions can mean the account holder and its registered user, Haulier and/or Lister, whichever applicable.

REPRESENTATION AND WARRANTIES

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means.

By using the Software or the Application, you (as the person seeking logistic transportation, the Lister) agree that:

You will only use the Service for lawful purposes;
You will only use the Service for the purpose for which it is intended to be used;
You will not use the Services and/or Application for sending and/or storing any unlawful material and/or for fraudulent purposes;
You will not use the Services and/or Application to cause nuisance, annoyance, inconvenience or make fake bookings and/or acceptance;
You will not use the Application and/or Software for purposes other than obtaining the Service;
You shall not contact the third-party logistic transportation provider for purposes other than the Service;
You will not impair the proper operation of the network;
You shall not intentionally or unintentionally cause or attempt to cause damage to the third- party logistic transportation provider;
You will not try to harm the Services, Software, Application and/or the Company in any way whatsoever;
You will not copy, or distribute the Software or other content without written permission from the Company;
You will not copy, or distribute the Software or other content without written permission from the Company;
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
You will provide the Company with proof of identity as it may reasonably request or require;
You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
You will only use an access point or data account which you are authorized to use;
You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing users;
You shall not impair or circumvent the proper operation of the network which the Service and/or Software operates on;
You agree that the Service is provided on a reasonable effort basis; and
You agree that your use of the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.

By using the Software and/or the Application, you (as the logistic transportation provider, the Haulier) further agree that:

Your driver possesses a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals, and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service;
You own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting offers and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind;
You have a valid policy of liability insurance (in industry standard coverage amounts) for the operation of your motor vehicle and/or business insurance to cover any anticipated losses related to the operation of a transportation provider service;
You shall be solely responsible for any and all claims, judgments and liabilities arising from any accident, loss or damage including but not limited to personal injuries, death total loss and property damages which is due to or is alleged to be a result of the motor vehicle and transportation delivery service howsoever operated;
You shall obey all local laws related to the operation of the transportation service and will be solely responsible for any violations of such local laws.

You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the third-party service provider and/or customer, the Company and/or any third party as a result of any breach of the Terms of Use.

REGISTRATION OF ACCOUNT, PASSWORD AND SECURITY

You are required to register to use the service, application and/or software and therefore you agree to:

Provide true, accurate, current and complete information about yourself and your company as prompted by the service’s registration form (such information being the registration data)
Maintain and promptly update the registration data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account, refuse any and all current or future use of the service, and remove from the website any content you produced.

To register with us, you will have to create a password and provide a valid user email address. You are responsible for maintaining the confidentiality of the password and validity of your email address and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your password or account and any other breach of security and ensure that you sign out from your account at the end of each session if not having opted for being kept signed in. The Company will not and cannot be held liable for any loss or damage arising from your failure to comply with this.

You further agree that each account may have a number of registered users and each and every user of the said account is also subjected to the terms and conditions herein. You agree that you are responsible for the all users’ conduct and you are to ensure that the account is properly maintained and used at all times.

You agree that your account may be suspended and/or terminated by the Company if you are found to have commit any breaches of the terms and conditions herein and/or commit breaches that the Company deems unfit.

JOB FORMATION

You hereby agree to adhere to the job offer and acceptance system imposed by the Company, Application and/or Software.

You further agree that a job listed can only be countered once and that acceptance is finalised when the required party accepts the final offer by the other party.

You agree that once a job has been accepted, the Lister bears the responsibility to ensure all proper requirements of the job is provided while as the Haulier, you bear the responsibility of completing the job in the manner as stipulated in the job offer.

You agree that if you fail on your part as a Lister and/or Haulier, there will be certain penalty imposed as determined by the Company from time to time.

PAYMENT

You agree that the Company is entitled to take a commission on all completed transactions that will be adjusted from time to time.

The commission is as per our Pricing table and the company reserves the right to adjust it, as and when necessary.

In the event there are changes made after a job has been offered and accepted, you further agree that a RM20.00 administrative charges will impose.

In addition to that, you agree that if :-

If a Haulier has not begun a job and changes are made,
- A Haulier may choose to reject the said job, and the Lister may choose to offer the said job again to the job list or cancel the said job in which the latter will attract a penalty charge.
If a Hauliar has begun a job and changes are made,
- A further diversion charge of 50% of agreed revised transaction value will imposed, on top of the RM20.00 administrative charges
- The difference in agreed revised transaction value would still be subjected to 3% commission charges.

The commission and insurance coverage will be charged on the end user i.e the person providing the logistic transportation, also known as the Haulier.

An electronic Debit Note/Invoice and/or Receipt will be used with regards to all payment types.

PENALTY FEE

You agree that subject to certain circumstances, there will be a penalty fee for the following, including but not limited to:

Failure to adhere to the job requirement i.e delivering to the wrong end destination and/or picking up the wrong job at the start destination. The cost and/or losses arising from this failure will be imposed on the Haulier.
In the event a confirmed job is cancelled by either the Lister or Haulier for any reason whatsoever, there will be a 50% of transaction value penalty imposed on the defaulting party. The penalty will be shared equally between the Company and the party who was defaulted as compensation.

You further agree that all penalty fees are subjected to the discretion of the Company and you agree to make the necessary payments imposed by the Company.

REFUNDS AND CLAIMS

The Company will endeavour to process all refunds and claims within a period of 14 days however such claims are subjected to the insurance provider process.

Any excess in insurance claims that is not covered by the Insurance Provider will be charged back to the Haulier and/or Lister if it is proven by the Haulier that the fault lies with the Lister.

TAXES

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

INSURANCE

You agree to be subjected to the compulsory insurance coverage. The payment for such insurance is to be imposed on the Haulier.

All computation pertaining to the insurance coverage policy of the contract of carriage between the parties herein shall be notified to the user accordingly upon them registering themselves with our system.

DIRECT SETTLEMENT

Direct Settlement is an alternative where the Lister and Haulier will be able to transact directly amongst themselves in accordance with their own separate mutual agreed pricing & payment terms.

In the event there is a direct settlement, the parties shall agree that the Company shall not be liable for any default, breach and/or non-compliance of any terms whatsoever made between the Haulier and the Lister or any third party therein in using the Direct Settlement payment method.

Insurance coverage would be optional and subjected to their own separate mutual agreement.

The Direct Settlement commission is as per our Pricing table and the company reserves the right to adjust it, as and
when necessary.

The Direct Settlement commission will be imposed on the end user i.e the person providing the logistic transportation, also known as the Haulier, and shall be deducted directly from their Direct Settlement balance.

The Haulier is required to top up the Direct Settlement balance as to ensure they have sufficient balance to facilitate and accept the Direct Settlement assignment.

An electronic Debit Note will be used with regards to top up payment and an electronic Invoice will be for the commission charged.

LICENSE

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or Software in any way; (ii) modify or make derivative works based on the Application and/or Software; (iii) create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or Software, or (c) copy any ideas, features, functions or graphics of the Application and/or Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or Software, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents; (vii) 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 proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or Application only for your personal commercial purposes and shall not use the Software and/or Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

INTELLECTUAL PROPERTY OWNERSHIP

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software, the Application or any intellectual property rights owned by the Company and/or its licensors. The Company’s name, the Company’s logo, the Service, the Software, the Application and the product names associated with the Software and/or Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application shall include its respective components, processes and design in its entirety.

CONFIDENTIALITY

You will maintain in confidence all information and data relating to the Company, the Application and/or the Software and its services, products, business affairs, marketing and operations plans and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are directly or indirectly acquired by you from the Company or any of its affiliated companies or created in the course of this Agreement. You shall further confirm that you only use such confidential information in order to perform the Services and shall not without the Company’s prior written consent, disclose such information to any third party nor use it for any other purpose.

The above obligations of confidentiality shall not apply to the extent that you can show the relevant information when it is required to be disclosed by law.

PERSONAL DATA PROTECTION

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, company information and/or any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However, if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):

To perform the Company’s obligations in respect of any contract entered with you;
To provide you with any services pursuant to the Terms of Use herein;
Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
To validate and/or process payments pursuant to the Terms of Use herein;
To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
To process any refunds and or charges pursuant to the Terms of Use herein;
To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
To respond to questions, comments and feedback from you;
To communicate with you for any of the purposes listed herein;
For internal administrative purposes, such as auditing, data analysis, database records;
For purposes of detection, prevention and prosecution of crime;
For the Company to comply with its obligations under law; and/or
To share your Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company immediately and restrain from further usage of the Software and/or Services.

If any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, and/or payment details, you must reflect those changes in your user account accordingly.

The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

By submitting your information to the Company, you consent to the use of that information as set out in the form of submission and in the Terms of Use.

THIRD PARTY INTERACTIONS

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software, and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Software, and/or the Application and in no event, shall the Company and/or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party providers of transportation, goods and/or services may require your agreement to additional or different Terms of Use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by the Company. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile and/or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third-party transportation provider, other third-party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

REPAIR AND CLEANING FEES

You shall be responsible for the cost of repair for any damage to or necessary cleaning of the third-party service provider’s equipment as a result of your misuse of the Service or in breach of the Terms of Use herein. The Company reserves the right to facilitate payment for reasonable cost of such repair or cleaning on behalf of the third-party service provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the third-party service provider has been verified by the Company.

INDEMNIFICATION

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company and/or its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and/or agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Application and/or the Software in your dealings with the Lister and/or Haulier, third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including third party transportation providers arranged via the Service, or (d) your use or misuse of the Service, the Application and/or the Software.

DISCLAIMER

The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, the Application and/or the Software. The Company does not represent or warrant that (a) the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any services and/or information obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the software and/or application will be corrected, or (f) the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the third party logistic transportation provider. The service and rewards are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness

for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent.

The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third-party transportation or other services and products obtained by or from third parties through the use of the service, the application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third-party services, including but not limited to the third-party transportation or other services remain solely and absolutely with you and you shall have no recourse whatsoever to the company.

INTERNET DELAYS

The service, the application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party transportation provider being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

CUSTOMER SUPPORT

You understand that the Company provides Customer Support to aid in the usage of the Application and/or Software. You further agree that the Customer Support may be subject to limitation, delays and other problems inherent in the use of electronic communications and internet including the device used by you or the third-party transportation provider being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

The Company endeavours to assist whenever required by the user but you agree that as a user, that you take an active role in ensuring the smooth transaction and completion of any and all jobs whether as a Lister or a Haulier.

You understand that Customer Support provided by the Company is to assist in matters beyond the control of the user and for complications that might arise that require the Company to intervene.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, the company shall not be liable for any claim, loss, damage, costs or expenses incurred, suffered or sustained by you arising from or in connection with your use of the Services, the Application and/or the Software including but not limited to

Any acts, omissions, negligence or wilful default on the part of the Lister and/or Haulier
Any acts, omissions, negligence or wilful default on the part of the third-party providers
Any acts, omissions, negligence or wilful default on the part of the company, its directors, officers, employees, agents or contractors

The company shall not be liable for any injury to your person or loss of life or property or delay of your journey for any reason which may include but not limited to an act of god including but not limited to natural disasters, typhoons or flood, an act of war, civil disruptions or strikes or the anticipation of the same, criminal acts or omissions of third parties, industrial actions, unforeseeable traffic conditions, seizure under legal process, national or local disruptions to air, ground or water transportation networks or breakdown in communication or information systems.

The company provides no warranty, assurance, or promise that its technology, applications, or customer service will work as intended on your phone, computer, tablet or other device.

The company does not warrant or guarantee the availability, reliability, timeliness, accuracy, or quality of the delivery services, application or the third-party transportation providers (Haulier).

The company is not liable for any losses, damages, claims or costs including any consequential, indirect or incidental losses or damages to your electronic device or any applications stored therein as a result of installation or use of the application.

The company shall not be liable for any losses or damages, including but not limited to any injury which you may suffer, any damage or loss to property owned by or in your possession, or any indirect loss and damage, resulting from the third party transportation providers’ services (Haulier), matters relating to third party transportation providers, or the process of transportation by reason of you using the service in your capacity as a Lister.

BAILEE FOR REWARD

The principle of bailee for reward and/or bailment if any, shall not be applicable during the subsistence of this service between the parties herein.

NOTICE

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Unless the contrary is proved, each such notice or communication will be deemed to have been given or made and delivered, if by post 48 hours after posting, if by delivery when left at the relevant address, if by telecopier upon transmission during normal business hours (otherwise on the next following business day) subject to the correct telecopier number being received on the transmission report, or if by electronic mail when actually received in the incoming mail box of the recipient. You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application and/or Software.

ASSIGNMENT

This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

GOVERNING LAW

This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the AIAC in accordance with the Rules.

The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third-party transportation provider under this Agreement.