TERMS AND CONDITIONS OF SERVICE OF BUNGKUSIT

(“The Agreement”)

The Agreement was last updated on [14/10/2019].

Section A – General Terms

 

1. INTRODUCTION

• Thank you and welcome to the bungkusit.com.my website and/or the Bungkusit mobile app (“the Application”) and together the website and application shall be referred as “Platform”.
• These Terms of Use govern your access and constitute a legally binding agreement (“Agreement”) between you and Bungkusit (as defined) for the use of the Platform and the use of any services, information and functions made available by us at the Platform (“Services”).
• Before using this Platform or the Services, you must read carefully and accept these Terms of Use and all other terms and conditions and policies pertaining to the use of the Platform and/or the Services (collectively referred to as “Bungkusit Terms and Conditions”) and you must consent to the processing of your personal data as described in the Privacy Policy set out at https://bungkusit.com.my/privacy-policy/.
• By accessing the Platform and/or using the Services, you agree to be bound by Bungkusit Terms and Conditions and any amendments to the foregoing issued by us from time to time. If you do not agree to Bungkusit Terms and Conditions and the Privacy Policy, do not access and/or use this Platform and/or the Services.
• Bungkusit reserves the right, to change, modify, add, or remove portions of these Terms of Use and/or Bungkusit Terms and Conditions at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
• If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and/or Services.
• BUNGKUSIT IS A TECHNOLOGY COMPANY WHOSE MAIN ACTIVITY IS THE DEVELOPMENT AND MANAGEMENT OF A TECHNOLOGY PLATFORM THROUGH WHICH STORES CAN OFFER THEIR PRODUCTS AT THE PLATFORM AND, IN AN ANCILLARY MANNER, WHERE APPLICABLE AND IF SO REQUESTED THROUGH THE PLATFORM BY USERS OF THE PLATFORM AND CONSUMERS OF THE SAID STORES, ACT AS AN INTERMEDIARY IN THE IMMEDIATE DELIVERY OF THE PRODUCTS.
• Customer acknowledges and agrees that Bungkusit is a technology services provider that does not provide transportation or logistics or delivery services, function as a transportation/logistics carrier, nor operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation.
• Bungkusit thus has a Platform through which a variety of merchants, with which Bungkusit can have in place a commercial agreement for the use of the Platform, offer a selection of products and services. Customers can request the purchase of products and services from such merchants by means of a mandate given by them to a third party when placing an order through the Platform. In such cases, Bungkusit acts as a mere intermediary and is therefore unable to assume, and does not assume any responsibility for the quality of the products or for the proper provision of the services offered directly by the merchants or by such third parties.
• In addition, Bungkusit is an “on demand” intermediary Platform for the provision of express delivery services. Its aim is to make it easier for any persons requiring help with their errands or purchases at associated merchants (hereinafter, “Customers”) to carry out their errands through such third parties, who are voluntarily willing to carry out the mandate given to them by Customers (hereinafter, the “Roadies”).
• Roadies are thus a network of self-employed couriers / delivery people who work using Bungkusit. When they wish to provide delivery services, they log onto the Bungkusit Platform and undertake within a certain time to carry out the courier / distribution / delivery service entrusted to them by a Customer by means of the above-mentioned mandate.
• Throughout these General Terms of Use, both Customers and Roadies will be referred to as “Users”.

• USE OF THE PLATFORM AND/OR SERVICES

• Any breach of these Terms of Use shall result in the immediate revocation of the license granted herein without notice to you.
• Unless specifically stated otherwise, Bungkusit does not sell or purchase Products or Services. The company only operates, manages and provides the Platform for the purpose of enabling transactions between Customers, Merchant and Roadies.
• Content provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the Merchant and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
• Certain services and related features that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
• As a condition of your use of the Services and/or access to the Website, you agree that:
  • You will only use an access point or data account which you are authorized to use;
  • The Service is provided on a reasonable effort basis;
  • Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
    1. committing fraud by making transaction on the Platform using another person’s identity, credit card or bank account;
    2. attempting to raise funds in the guise of any transaction in contravention of the law;

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

1. using the Services to promote and facilitate pyramid schemes;

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

1. which are false, inaccurate, misleading, unlawful, defamatory, libellous, discriminatory, obscene, offensive, invasive of privacy, harassing, threatening or abusive; and/or
2. which infringe or misappropriate the Intellectual Property Rights of the Company or other third parties.
   • Resale of Services and Contents. You shall not copy, reproduce, compile, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
   • Use of Personal Data. You shall not collect or post personal information about other Members, including email addresses, without their consent.
   • Abusive Behaviour. You shall not use the Services, access the Platform or manipulate the Platform system and/or processes in a manner that is fraudulent or deceptive, dishonest, not authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
     1. transferring your Member account and Member ID to another party and/or allowing access by a third party to your Member account and Member ID without our express written consent;
     2. directly entering into a transaction without using the Payment Protection Services (as described in Article 6) provided by the Company on the Platform (e.g. direct dealing);

• exploiting or attempting to exploit any benefits provided by the Company, (including but not limited to discounts and coupons) by signing up for multiple accounts and/or performing a transaction or Services with no intention to complete delivery of the same; or

1. taking any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from the Platform or using it for purposes unrelated to the Platform);

• Disruption of Platform and Services. You shall not engage or attempt to engage in any activities to interrupt, or that are likely to interrupt, the smooth processing of the Services or the Platform or the Company’s operations and/or business, including but not limited to:
  1. distributing viruses or any other technologies that may harm the Platform, or the interests or property of other Users;
  2. undertaking any action to undermine the integrity of, or gain access to, the Website system, which includes the computer or communication systems, network, software application, or networks and computing devices used in connection with the Services (“System”);

• monitoring data or traffic on the System or conducting crawling of the System without the Company’s permission;

1. engaging in any denial of service (DoS) attacks, distributed denial of service (DDoS) attacks, or any other forms of network attacks; or
2. engaging in any behaviour that may interfere with the proper functioning of the System; including mail/news-bombing, broadcast attacks, flooding, and any other relevant network interference techniques;

• Acting in Good Faith. You shall conduct yourself in accordance with good public order and morals, and shall refrain from:
  1. persistently raising complaints without any reasonable grounds or justification;
  2. repeatedly cancelling or returning Products or Services that are not particularly defective or unsatisfactory without reasonable grounds or justification; or

• engaging in behaviour which violates public order or is destructive to generally accepted customs or norms.

• Proper and Sufficient Packing. You shall ensure that the delivery item/product/good:
  1. is securely properly and sufficiently packed, labelled and/or prepared in a case, wrapper or container appropriate to the nature and weight of the delivery item/product/good such that no part of the Delivery Item/Product/Good may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. Bungkusit shall not be liable for loss or damage arising from insecured, insufficient and/or improper packing;
  2. that the delivery item is adequately packed in a case or container of sufficient durability and strength so as to protect against damage to the contents during the course of delivery and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container and that such delivery item is marked in a delivery request with “FRAGILE” in the case of a delivery item of a fragile nature and prominently displayed on the packaging of a delivery item.
• To assist Bungkusit with any internal or external investigations as may be required by Bungkusit in complying with any prevailing laws or regulations in place; and
• You acknowledge and agree that only one (1) account can be registered on one device;
• To assume full responsibility and liability for all loss or damage suffered by yourself, Bungkusit or any other party as a result of your breach of this Agreement.
• When requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply;
• You agree that to treat the Roadie with respect and not to cause damage to their assets or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst they are providing services to you; and
• Bungkusit may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.

• Every user of the Platform is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. Bungkusit shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
• We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
• We reserve the right, but shall not be obliged to:
  • monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms of Use contained herein and may take any action it deems appropriate;
  • prevent or restrict access of any an authorised user to the Platform and/or the Services;
  • report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or
  • to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

• APPLICATION AND REGISTRATION AS MEMBER

 

• In order to access or use certain services on the Platform, you are required to register as a member (“Member”).
• In accessing or using Member-only services or areas on the Platform, you agree to be bound by any additional terms and conditions as may be determined by us for such services or areas, which shall be published on the Platform. Please refrain from accessing and/or using such Member-only services or areas if you are not agreeable to any of the additional terms and conditions.
• Membership of the Platform can fall under any one or more of the following categories:
  • Customer member;
  • Rider member;
  • Merchants registered on the Platform (“Tied-up Merchants”); and
  • Merchants not registered on the Platform (“Non-tied up Merchants”)
• For the avoidance of doubt:
  • Customer member shall be referred to as (“Customer”);
  • Rider member shall be referred to as (“Roadies”); and
  • Merchants registered on the Platform (“Tied-up Merchants”) and Merchants not registered on the Platform (“Non-tied up Merchants”) together hereinafter referred to as (“Merchants”)
• To become a Customer, you must comply with the following requirements:
  • if you are an individual, you must have the legal capacity to enter into contract;
  • If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
  • If you are under the age of 18 or the legal age for giving consent hereunder pursuant to the applicable laws in your country (the “legal age”), you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform;
  • If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these Terms of Use on the minor’s behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and/or Services or purchases made on the Platform
• To become a Roadies, you must comply with the following requirements by providing:
  • Full Name
  • Identification Number
  • Current Address
  • Phone Number
  • Gender
  • Current Job
  • Vehicle Registration Number
  • Vehicle Model and Brand
  • Valid Driving License
• You warrant that all information provided to the Company as part of the registration process is accurate, current and complete at all times and you will immediately let us know if there are any changes to the same. If we rely on the contents of your application and accept you as a Member, you irrevocably agree that you shall indemnify and keep us indemnified and hold us harmless for any expense, loss or damage that we may suffer arising from any inaccurate or false statement or misrepresentation of facts submitted to us by you.
• Bungkusit reserve the right to accept or reject your application to become a Member at our sole and absolute discretion in the following cases:
  • where we are not able to verify your identity with certainty;
  • where the data provided by you upon sign-up (for example, email address, telephone number, vehicle number etc) is identical to a membership account already registered with the Platform;
  • where you have provided false or inaccurate information or omitted to provide necessary information during the application process;
  • where you have applied for membership within less than 1 month from the date of termination or cancellation of an earlier membership on our Website;
  • where you have signed up as a Member under another account, which is either temporarily or permanently suspended at the time of application for a new Member account;
  • where you have breached any of the Terms and Conditions; and/or
  • any other reason as may be determined by the Company.

For the avoidance of doubt, our decision above cannot be contested.

• You will become a Member upon the successful completion of the registration process as determined by Bungkusit. Our registration process may, where necessary, include identity verification by way of submission by you of certain documentary evidence and support materials as may be requested by us.
• In order for us to identify you as our Member, you can submit for our review, a member identification name (“Member ID”) which can be any letters, word, numbers or combination of the same. The Member ID shall be our method of identifying you on the Platform. Please note that Bungkusit reserve the right not to approve any Member ID names that we feel are unsuitable or are not in accordance with our policies.
• Please note that you are not allowed to change your email address once your membership request is submitted and approved as your membership account is linked to the email address. If you would like to change your email address, you will need to terminate your membership and account, and sign up again using the new email address.

 

• USER SUBMISSIONS

• Upon completion of transaction, Customer may submit the review of such transaction via the feedback and review mechanism provided on the Platform, which can be in the form of writing, image and/or video clip. Your feedback on the level of satisfaction with the transaction will contribute to the Roadie rating on the Platform.
• If Customer submit or post a review of a Product, such review shall be made publicly available. You shall be solely responsible for your review and Bungkusit is not responsible to ascertain whether any opinion expressed is true. As such, you should ensure that any review posted is fair and not unlawful.
• You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”).
• When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your username, in connection with such review, comment, or other content.
• You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

• TRADEMARKS AND COPYRIGHTS

• All intellectual property rights, whether registered or unregistered, in the Platform, information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the Platform also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
• No part or parts of the Platform may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcasted, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.

• NO GUARANTEE

 

• Bungkusit does not control the behaviour of Members or the information provided by Members that is made available on the Platform. Consequently, we do not provide any guarantees with regard to the transactions undertaken by Customers, Merchant and Roadies, and does not warrant:
  • the existence, quality, completeness, appropriateness, safety or legality of any Product;
  • the veracity of any intent to sell or purchase Product by a Customer or Merchant;
  • whether a Product infringes the rights of any other third party;
  • the truthfulness, accuracy or legality of any information posted by a Merchant or a Customer in respect of a Product; or
  • that all transactions will be completed.
• Any liabilities and risks relating to transactions undertaken between a Customer, Merchant and Roadies shall be borne by the relevant parties. As such, before proceeding with any transaction on the Platform, you must make your own independent determination regarding the statements, Product descriptions, the representations of the other party and the party’s ability to pay for or deliver the Products offered and specific terms and conditions imposed by other Members.
• A minor, being a person below the age of 18, cannot purchase any Products without the consent of his parents or legal guardian. Any transaction entered into without such consent may be cancelled by Bungkusit or the parents or legal guardian, as the case may be.

• OUR LIMITATION OF RESPONSIBILITY AND LIABILITY

 

• The Platform and all data and/or information contained therein and/or the Services are provided on an “as is” and “as available” basis without any warranties, claims or representations made by Bungkusit of any kind either expressed, implied or statutory with respect to the Platform and/or the Services, including, without limitation, warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose. All data and/or information contained in the Platform and/or the Services are provided for informational purposes only.
• Without limiting the foregoing, Bungkusit does not warrant that the Platform and/or the Services or the functions contained therein will be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that this Platform and/or the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.
• Bungkusit and all of its respective officers, employees, directors, agents, contractors and assigns shall not be liable to you for any losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

• any access, use and/or inability to use the Platform or the Services;
• reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents;
• any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
• any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
  • Bungkusit are unable to compensate clients for any loss or damage as a result of events or circumstances beyond Bungkusit control such as:
• Any Item(s) of an aggregate value exceeding amount of MYR 500
• Cake, Pastries and Baked Goods
• Weight exceeding 10kg
• Perishable Goods and Semi Perishable Goods (example fish, vegetables, dairy products, fruits, bread, onion, potato, pies, cake etc.)
  • Any risk of misunderstanding, error, damage, expense or losses resulting from the use of the Platform and/or Services is entirely at your own risk and we shall not be liable therefore.

• HYPERLINKS

 

• For your convenience, we may include hyperlinks to other websites or content on the Platform that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

• APPLICABLE LAW AND JURISDICTION

 

• These Terms of Use and/or other Bungkusit Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the section on Arbitration below, you hereby agree to submit to the jurisdiction of the Courts of Malaysia.

• ARBITRATION

 

• Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other Bungkusit Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consists of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.
• Notwithstanding the foregoing, Bungkusit reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

• TERMINATION

 

• In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms of Use and/or other Bungkusit Terms and Conditions.
• Upon any termination of these Terms of Use and/or other Bungkusit Terms and Conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Platform and/or Services in whole or in part.
• Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that Bungkusit shall not be liable to you or to any other person as a result of any such suspension or termination.
• If you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Bungkusit, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
• Where your membership is suspended or terminated by Bungkusit for any reason whatsoever or where you voluntarily terminate your membership (as the case may be), we reserve the right to:
  • cancel and/or reverse any and transactions under your account, including cancelling the delivery of any Product purchased by you and refunding all payments made for the same (where applicable);
  • cancel or deduct Credits, Points and/or Voucher;
  • cancel or deduct various other benefits which may be provided to you as a Member;
  • restrict the use of all or part of the Services and/or the Platform;
  • deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
  • disallow the use of your previous Member ID for any new Member account applied for by you, at our sole and absolute discretion; and/or
  • claim for compensation or damages pursuant to Para 11.6.
• Take further note that if your account is inactive for a period of  6 (six) months from the last activity, where inactive refers to no activity of adding credits or generating at least one order, in any category, (for users), or no activity whatsoever on the merchants’ webapp or marketplace or receiving at least one order from a customer (for merchants), or no activity of adding credits or accepting at least one order from a customer, in any category (for riders or drivers), Bungkusit will by default terminate the account and deduct all credits in the said account.
• In the event that any of your actions in Para 11.5 cause any losses to the Company, you shall be liable for and shall compensate the Company for all costs and expenses incurred or suffered. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold Bungkusit harmless at all times in respect thereof.

Section B – Operation of the Service

• TERMS OF THE MANDATE

 

• The Platform enables an authorized Roadie to seek, receive and fulfil requests for item(s)/package(s) pick-up and drop, purchase of item(s) from outlets in the territory or other person(s) / service provider(s), facilitate other logistic services, including delivery services from an authorized Customer of the Platform.
• Customer acknowledges and agrees that Bungkusit is a technology services provider that does not provide transportation or logistics or delivery services, function as a transportation/logistics carrier, nor operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services and/or transportation of passengers.
• You shall be solely and directly responsible for all liabilities related to transactions entered into between you and other Members and in relation to any information provided by you to other Members and vice versa.
• When a Customer needs help with an errand, he/she must go to the online Platform and request the service using the said electronic methods.
• The basic delivery service involves the collection and subsequent delivery of a product to and from the addresses established by the Customer, provided that they are within the territory in which Bungkusit Roadie operates.
• Similarly, a Customer may ask a Roadie to purchase products in person on his/her behalf and to collect them from, and deliver them to, the addresses specified.
• The Roadie undertakes under a mandate and will be a mere agent acting on the Customer’s behalf to purchase the products ordered by the Customer and according to his/her indications and specifications. As a result of the foregoing, the customer shall be solely responsible, and it would be the customer who, if the situation arose, would be liable for any incident arising from the nature of the products (such as a sanction, civil liability, financial liability, etc.).
• Bungkusit does not check or verify the packages that are being picked up and dropped off on behalf of User or the Items that are being delivered to Customer by the Roadies, and therefore Bungkusit shall have no liability with respect to the same.
• However, if it comes to the knowledge of Bungkusit that User have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, Bungkusit shall have the right to report User to the government authorities and take other appropriate legal actions against User.
• Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Roadie has tendered delivery of the Goods.
• Customers are solely responsible for providing the correct addresses for delivery and collection on the Platform, and they therefore release Bungkusit and the Roadie from any liability for negligence or error in the collection or delivery of the order as a result of the supply of incorrect addresses for collection and delivery. As a result of the foregoing, the Customer shall bear the cost resulting from the provision of an incorrect address for collection and delivery on the Platform.
• The Customer must provide all the information, in as much detail as possible, about the service to which the assignment relates and, if applicable, in relation to the product that he/she is asking the Roadie to buy in a physical shop on his/her behalf. To do this, he/she may provide any comments he/she may deem useful in the “comments” section as well as, where appropriate, share a photograph with the Roadie to identify the order. The Customer will be in constant contact with the Roadie and may communicate with the latter at any time to ensure that he/she carries out the mandate according to the Customer’s own instructions.
• The Customer releases Bungkusit and the Roadie from any negligence or error in the indications given by the Customer for the purchase of the product ordered for purchase in a physical store on his/her behalf. As a result of this, the Customer shall bear the cost resulting from the provision on the Platform of incorrect indications regarding the products (such as an incorrect address or product).
• The Customer is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the products and/or services available on the Platform, are provided based on the information and documents supplied by the Merchants, and that Bungkusit is therefore unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs.
• Furthermore, the Customer accepts that all the products appearing on the Bungkusit platform are subject to availability and, in this regard, accepts the possibility that, while carrying out the order, the product and/or service is found not to be available at the Merchant.
• If the price of the product and/or service does not appear on the Platform, the Customer may set an approximate price. In such case, the service or product may be purchased by the Roadie in person based on the Customer’s estimate and never for more than 30% above the said estimate. Bungkusit reserves the right to proceed with the purchase in the case of price variations of up to 30%.
• If the price is higher, the Roadie shall contact the Customer to inform him/her of this situation, and it will be the latter who makes the final decision on whether or not to proceed with the in-person purchase at the store.
• If the product and/or service is not available, the Roadie must call the Customer to set out the available options. If the Customer does not accept any of the options set out by the Roadie and is therefore not interested in the alternative options, he/she must accept the cancellation policy set forth in these Section C. If the Customer does not answer the phone, the Roadie shall wait 5 minutes before leaving.
• If the Customer is not at the place agreed for delivery, the Roadie shall retain the product for 10 minutes. In addition, the Customer must bear 100% of the cost of the basic delivery service as well as the price of the product if one has been purchased or contracted through the Roadie at the Customer’s request, and will have to pay for another service in order to receive the products that were not delivered. The Roadie will in no event will be liable for the deterioration or expiry of the product to which the assignment related. Bungkusit also reserves the right to cancel the Order without refund or remedy to Customer.
• Once the assignment has been completed, if the request included the physical purchase of a product, the Roadie shall give the Customer the paper receipt for such product whenever it is available.
• If the object of the assignment was the mere delivery of a product, the Roadie shall deliver it to the Customer at the exact time and place indicated by the latter. All this without prejudice to the electronic receipt for the service that will be received by the Customer at the e-mail address associated with his/her account.
• Any information made available on the Platform in connection with the supply of Goods/Products, including photographs, drawings, data about the extent of the delivery, appearance, performance, dimensions, weight, or any information disclosed by Merchant in the Platform are not binding and for information purposes only. In entering into the Contract, the User acknowledges that it does not rely on and waives any claim based on any such representations or information so provided.

• PRODUCTS FROM PHARMACIES

 

• In accordance with the current legislation, Bungkusit does not sell or advertise medicines for human use through the Platform. Roadie act as agents of those Users who order through the Platform non-prescription drugs for human use for collection.
• In any event, Bungkusit will accept no responsibility for Users’ use of the products ordered in the Pharmacy section or be liable for the amounts and/or condition of the products dispensed at pharmacies.
• In addition, the Platform may provide the pharmacy that dispenses the medicine ordered by the User with the latter’s username and phone number so that it can answer the User’s questions. This disclosure of data will in any event be subject to the User’s express and unambiguous authorisation in accordance with the applicable data protection legislation.

 

• POLICY ON THE DELIVERY OF RESTRICTED ITEMS

 

• User agree that before initiating a Pick-up / Drop-off Task on the Platform, User are well aware of these contents of the package sent or requested by User through the Platform, and that such contents are legal and within limits of transportation under any applicable law. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage such as (Non-Exhaustive List of Examples):

 

Alcohol and Tobacco Products
Animals and Regulated Species	Animal parts or fluids; banned seeds, harmful plants; regulated plants or other organisms (including their by-products) which are endangered or whose trade is regulated by law as applicable in any case.
Child pornography	Pornographic material involving children or content that may be perceived as erotic paedophilia.
Copyright on Software and Media	Unauthorised copies of books, music, films and other protected or licensed materials, including properly referenced copies; and unauthorised copies of software, video games and other protected or licensed materials, including from OEMs or other products that cause unsolicited messages to be sent.
Counterfeits and unauthorised products	Copies or imitations of designer products or other goods; items belonging to celebrities that would usually require authentication; false autographs; foreign currency; stamps; tickets; or other unauthorised goods.
Devices or tools for overcoming security measures	Modems, chips or other devices for dismantling technical protection measures as well as on digital devices, including for unlocking iPhones.
Drugs	Controlled substances, narcotics, illegal drugs and their paraphernalia, including psychoactive and vegetable drugs such as psychedelic mushrooms, as well as materials promoting their use; or legal substances such as plants and herbs presented in a form that suggests they should be ingested, inhaled, extracted or used in any other way that may result in the same use as an illegal substance, drug or component or that claims to have unproven health benefits.
Gambling and Betting	Lottery tickets, bets, online betting site memberships/registrations, and related content. Permitted promotion of physical casinos.
Materials for hacking and cracking	Manuals, guides, information or equipment that infringes the law by damaging or fraudulently facilitating access to software, servers, websites or other protected property.
Human parts	Organs or other body parts; body fluids; stem cells; embryos
Stolen or illegal goods	Materials, products or information that promotes illegal goods or facilitates illegal acts; goods not belonging to a person or which a person has no right to sell; goods produced in violation of third-party rights; goods infringing import, export or labelling restrictions; motor vehicles that are subject to transfer restrictions. You (the Bungkusit User) are solely and fully responsible for checking that all items are genuine and legal.
Illegal telecommunications equipment	Devices aimed at obtaining satellite signals without payment, illegal products for modifying mobile phones and other equipment.
Offensive goods	Goods, literature, products or other materials that: •   Are defamatory of any person or group of people based on their race, ethnic origin or country of origin, religion, gender or any other factor. •   Are defamatory of any person or group of people who are protected from defamation by the applicable law (e.g. the royal family in some jurisdictions). •   Praise or incite the commission of violence. •   Promote intolerance or hatred. •   Promote or support membership of terrorist groups or other organisations that are prohibited by law. ·   Are contrary to public morals.
Offensive goods related to a criminal offence	Photographs of, or objects from, a crime scene, such as personal belongings, associated with criminals or criminal acts.
Precious materials	Bulk sales of rare, scarce or valuable stones or materials.
Culturally protected artefacts	Materials covered by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property or other goods whose sale, export or transfer is restricted by law; artefacts, cave formations (stalactites and stalagmites);
Pyrotechnic devices and dangerous substances requiring special permission	Pyrotechnic items and related goods in markets in which their supply is regulated, as well as substances such as petrol or propane.
Traffic-related devices	Radars, number plate holders, illegal traffic-modification devices and related products.
Weapons	Firearms, ammunition and other items including, without limitation, firearms, knives that are either undetectable or easy to conceal, martial arts weapons, silencers, ammunition or ammunition magazines.
Money and Foreign Currency	Foreign currency or currencies insured with precious metals, as well as banknotes, coins or any other valuable securities
Primary and Secondary Schools / Use by children	We reserve the right to refuse orders from users who are minors. In addition, we reserve the right to refuse orders at any location near a primary or secondary school, as well as to ask for sufficient proof of age.
Misuse of the platform / Abuse	We will not tolerate the use of abusive language or abusive attitudes towards our company or freelance workers.

 

• PAYMENT AND PRICES OF THE SERVICES AND BILLING

• Users are required to make full payment of the all services offered in the Platform by the method selected at the time of booking, which may be cash, or one of the automated credit payment methods available to user on the Platform. Any payment pursuant to such selection is non-refundable and irrevocable. Any credit top up is also non-refundable and irrevocable. 
• The Customer only has to pay for each service requested through the Platform. In addition, for services that include the purchase of a product, the User must pay the price of such product.
• By using the Fpx or credit/debit card to pay there will be a transaction fee / bank fee. This will not be refunded if the order is canceled as the bank will charge us for every single transaction.
• By registering through the Platform and providing the required bank information, Users expressly authorise Bungkusit to issue receipts for payment of the services requested, including the price of the products ordered.
• The total price of each service may be composed of a variable percentage based on the number of kilometres travelled and the time taken by the Roadie, as well as, where applicable in cases in which a User requests the physical purchase of a product or service, the price established by each merchant.
• Bungkusit reserves the right to change the price based on the time slot in which the service is performed and/or the distance travelled. In accordance with these terms, the Customer will be entitled to know the approximate fee for the service before contracting it and formalising payment, unless the user has not specified the address for collection. The fee for the delivery service may vary in cases of force majeure beyond Bungkusit’s control that entail an increase in such fee.
• Bungkusit reserves the right to change its prices at any time. Such changes shall take effect immediately after publication. The User expressly authorises Bungkusit to send him/her by electronic means, to the e-mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated.
• Bungkusit retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Bungkusit liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
• If a Roadie has already been assigned to provide a service and this is subsequently cancelled by the user, Bungkusit shall be entitled to charge the Customer the fee for the services already embarked on by the Roadie.
• Similarly, if the User has asked the Roadie to purchase a product on his/her behalf and the Customer cancels the order after the purchase has been made, the latter shall bear the cost of the delivery services provided by the Roadie as well as the price of the product.
• All this without prejudice to the Customer’s ability to request a new service in order to return the products purchased or to have them delivered at a different address. In the case of non-perishable products, the User may exercise his/her right of withdrawal vis-à-vis the merchant that sold him/her the products. If the User wishes to exercise this right through Bungkusit, he/she must request a new service.

 

Section C –Cancellation, Returns, Refunds and Claims

• RIGHT OF WITHDRAWAL AND CANCELLATION OF ORDERS

• The User may cancel an order free of charge until a Roadie has accepted it.
• In accordance with the nature of the service offered by Bungkusit, the User is aware that, once a Roadie has voluntarily accepted an order, the execution of the purchase mandate is considered to have started, and the User is therefore no longer entitled to withdraw from the service request free of charge.
• Therefore, if the User cancels an order that has already been assigned to a Roadie, the Platform will generate a cost of 100% of the basic delivery service by way of cancellation fee to be paid by the User.
• In addition, if the Roadie had already purchased the product ordered or contracted a service at the time of cancellation, the user may ask the Roadie to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service.
• If the Roadie has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collection and delivery services as well as the return service. The return shall in any event be subject to the merchant’s return policies, and the Customer therefore states that he/she is aware that, in the case of perishable products (e.g. food), the return may not be possible and Bungkusit will therefore be entitled to charge him/her for both the product already purchased by the Roadie under his/her mandate and for the cost of the delivery service incurred.
• If the Customer has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and within the Roadie’s scope of operation. In such case, the Customer will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery.
• If the address is in a different city from the one originally specified, this may not be modified for delivery in a new city, and the order will be cancelled, with the Customer bearing the resulting costs as provided in this clause.
• Bungkusit reserves the right to cancel an order without having to provide a just cause. In the event of cancellation at Bungkusit’s instance, the User shall be entitled to a refund of the amount paid.

• PRODUCT RETURNS

• If a Customer wishes to return a product or make a claim about the provision of a service, he/she must contact the merchant at which the purchase was made directly, with the store receipt provided by the Roadie at the time of delivery of the order. The return of a product purchased by the Roadie pursuant to a mandate conferred by the Customer shall in any event be subject to the merchant’s returns policy.
• If a User wishes to process the return of a product because it did not match the order made through the platform, he/she must provide a photograph of the total order together with a list of the incorrect or undelivered products, as well as other proof of the inadequacy of the product requested.
• The Customer must check the products delivered by the Roadie at the delivery address before signing and ratifying the mandate. By means of the said signature, the Customer confirms and ratifies the mandate, the purchase or service carried out on his/her behalf. In addition, the Customer states that a third party may ratify the mandate on his/her behalf, for example if the Customer is not at the final delivery address or has designated a third party for collection and signature. The Customer (and/or the said third party) is thus responsible for checking that the service provided is adequate as well as, where applicable, for collecting enough evidence to prove that it was not.

 

• REFUND

 

• User shall only be able to claim refunds for transactions initiated by User only if Customer have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, User shall be eligible to get the refund in the following circumstances:
  • User package has been tampered or damaged at the time of delivery, as determined by Bungkusit basis the parameters established by Bungkusit in its sole discretion.
  • If the wrong Item has been delivered to User, which does not match with the Item for which User had initiated a transaction on the Platform.
  • Bungkusit has cancelled the order because of any reason mentioned under Para 19.
  • All decisions with respect to refunds will be at the sole discretion of Bungkusit and in accordance with Bungkusit’s internal refund policy (Refund Metrix) and the same shall be final and binding.
• All refunds initiated by Bungkusit shall be refunded to the financial source account from which, User have initiated the transaction on the Platform.

• CLAIMS

• In general, Bungkusit are unable to compensate clients for any loss or damage as a result of events or circumstances beyond Bungkusit’s control such as but not limited to:
  • Road accident
  • An item that is damaged after the recipient accepted it
  • Any personal/business penalty imposed between sender and recipient as a result of late pickup, late delivery, or cancellation of delivery by either party
  • Any losses in cash transaction/exchange of valuable items between the sender and recipient
  • Seized illegal/dangerous items (eg: drugs, firearms, melee weapons, radioactive materials)
  • Fragile goods that are deemed to be poorly packaged and labelled*
  • Pastries, cake and any baked goods

*Bungkusit reserves the right to determine the adequacy of packaging for fragile goods.

• Every incident/claim request should be reported to Customer Service on the same day. An internal investigation will be carried out and completed by Bungkusit within 5 working days after the report is lodged. The outcome of the investigation will be presented not more than 7 working days after the date of the report.
• A claim that is reported after 1 working days from the incident date will not be processed for compensation. Every filed claim must be supported with proof of evidence such as receipts, invoices, and photographs of any damaged items.
• Timeframe of compensation:
  • The refund will be channelled via credit to the user’s Bungkusit wallet within 7 working days from the approval date.
• Compensation entitlement:
  • A 30% refund of the item’s value with a cap of RM200 for each refund will be given to the user.
  • A 100% refund of the item’s value with a cap of RM200 for each refund will be given to the user for damaged food and beverage that are deemed inedible.

 

Section D – Voucher Code

• ISSUANCE AND USE

 

• The Company may issue Voucher Code (“Voucher”), which shall entitle Customer to a discount of fixed amount or rate on the purchase of a Product on the Website.
• You are only entitled to use a Voucher for your own purchases and the Coupon shall not capable of being sold or transferred to any other person.
• Use of a Voucher may be restricted and only be applicable for certain Products in certain categories or subject to a minimum or stated amount of purchases. Voucher may not be used after the respective expiry date.
• Voucher codes must be correctly entered in the application before placing the order. Otherwise, they will not take effect and the user will be unable to enjoy their benefits.

• CANCELLATION OF VOUCHER
  • If your Order is cancelled, your Voucher will be automatically reinstated provided that the cancellation date is still within the Voucher validity period.
  • Your reinstated Voucher will be valid for the remainder of the original validity period. It shall be your responsibility to track the validity period for your Voucher and no requests for reissue of expired Voucher will be entertained.
  • Notwithstanding the aforementioned, the Company reserves the right to cancel a Voucher if it becomes aware of a fraudulent use thereof (such as a person exchanging a voucher code when he or she is not its lawful recipient, the mass transfer of codes, etc.) and/or amend the terms and conditions applicable for Voucher at its sole and absolute discretion. In addition, it reserves the right to apply sanctions to users for the amount defrauded to the Company

CONTACT US

The Company welcomes your questions or comments regarding the foregoing Terms.

Email : enquiry@bungkusit.com.my

Effective as of 14/10/2019