TERMS & CONDITIONS
TERMS AND CONDITIONS OF SERVICE OF BUNGKUSIT
The Agreement was last updated on [01/12/2017].
1. Thank you for using our application Bungkusit (“the Application”), browsing our website and/or engaging our services with Unique Creations 53 (“the Company”) with its correspondence address at Megan Ambassy Jalan ampang 50450, KL and its website at ‘www.bungkusit.com.my’ (“Website”).
2. By using our Application, browsing the contents on the Website and/or placing an order for services, clicking to accept this Agreement or using and/or accessing any of the Company or related services (as the case may be), you agree to all the terms and conditions of the Agreement.
3. If you are using or ordering the Company’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
4. The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Client from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
5. No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
6. The following words used herein have the following definitions and meanings :-
6.1 ‘Authorised Users’ refers to the Client’s employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Client.
6.2 ‘Client’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
6.3 ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Client and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
6.4 ‘Services’ refers to the individuals who wants to purchase or delivery any item at a specific location to be matched with someone who has the ability to fulfil the task within a certain time. Particulars of the services are hereinafter displayed on the Application and/or Website (as the case may be) (subject to change).
6.5 ‘Service Provider’ refers to the Company and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services.
6.6 ‘Roadie’ refers to an individual who has the ability to fulfil the task within a certain period of time.
6.7 ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services.
6.8 ‘You, Your, Master’ refers to the Client.
7. General terms of Services
7.1 The Company shall provide the Services to the Client subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Client or such other terms and conditions as may be agreed in writing between the Company and the Client.
7.2 The Company shall provide to the Client the Services as specified on the Company’s application and/or website (as the case may be).
7.3 If in any event, the Company is unable to provide the Services, it will inform the Client as soon as reasonably possible.
7.4 The Company’s Application is licensed, not sold to you.
7.5 Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, fees charged for data usage and/or overage, these shall be your sole responsibility.
7.6 The Company does not provide carrier, transportation or delivery services. It is up to you to decide whether or not to offer delivery services to a Roadie on the Application platform and it is up to the Roadie to decide whether or not to accept a delivery offer from any Master, contacted through the platform.
7.7 Any decision to offer or accept delivery or task fulfilment services that is matched through the platform is a decision made solely between you and the Roadie without liability or responsibility to the Company. Additionally, the Company shall not be liable for the actions and transactions of the Master and Roadie and shall not be held responsible or liable at all material time during the term of the service rendered.
8. Account and Registration
8.1 You must be at least the age of 18 and above to use the Services and must not be previously suspended or removed from using this platform.
8.2 You also represent and warrant that you have the right, authority and full capacity to be a Master or Roadie.
8.3 To access this platform, you must register with the Company an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times.
8.4 When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must notify us via our contact us page through email or call our helpline.
9. Responsibilities, Obligations and Due Diligence
9.1 At the absolute discretion of the Company, it will provide the Client with the Services in its best endeavour to the Client.
9.2 In the event that the Company is unable to provide the Services within a reasonable period from the dates(s) and time(s) the Client will have the rights subject to the terms and conditions contained herein to exercise the Client’s option to wait until the Company is available to start performing the Services.
9.3 In the event that the Company has begun performance of the Services and the Client has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Client will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
9.4 Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any loses and damages incurred as a result of the termination.
9.5 The Client shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
9.6 The Client shall endeavour to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent services.
9.7 The Client shall not request the Company to perform Services to, from and for people or places where the Company’s staffs, employees, agents and any other duly authorised entities of the Company may experience any form of abuse, bodily harm or death.
9.8 The Client should estimate his amount of items correctly, as some street shops do no offer receipts. Pricing is based on trust of Rider and Client. The Company doesn’t take any responsibility of pricing charged by the rider in an event where the receipt is not provided by the shops.
10.1 The Company offers the following services under the following pricing schedules :-
(a) Delivery Fee for Run Errands, Courier Service and Food Delivery. Fee can be changed by the company at any time without any prior notification required.
(b) Waiting Fee in long queues – This can be changed at any time set by the company without any prior notifications.
(collectively referred to as the “Charge”)
10.2 The Company requires payment for Services to be made prior to the performance of some of the Services.
10.3 The Company shall be entitled to vary the Charge from time to time and doesn’t require to communicate any such changes to the Client before any payment is made.
11. Restricted Activities
11.1 You agree that you will use the platform in a lawful manner with no intent of breaching the regulations and laws. With respect to your participation on the Application or through the services, you agree to not do any of the following things :-
(a) Impersonate any person or entity;
(b) Use any manual, robot/spider or any retrieval application to retrieve , index, “date mine” in any way to reproduce the content and navigational structure of the platform;
(c) Publish/remove any copyrighted materials and trademarks without the prior consent of the owner of this platform;
(d) Modify, alter, reproduce, distribute, sub license or make the app for others;
(e) Create liability for us to become subject to regulation as a delivery carrier or provider of courier service;
(f) Any sexual references, or offensive sexually suggestive or connotative language and strictly no sexual items are allowed to be asked by the Masters nor delivered by the Roadie; and
(g) Cause or allow to cause any infringement of policies, terms of service and terms and conditions and written agreements of the Company.
11.2 In the event of you breaching any of the terms and conditions in Clause 11 herein, or otherwise exceed the scope of the license granted in these Terms, you may be liable for all loss and damage, as well as liability for infringement of intellectual property rights.
12. Termination and Refunds
12.1 After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of the Company when performance by the Company has not begun.
12.2 Any refunds made by the Company will be with reduction of the direct costs including any handling costs.
12.3 Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
12.4 On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.
12.5 In the event that a deposit is paid by the Client, at the sole discretion of the Company, the deposit will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you.
13. Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users https://support.google.com/adwordspolicy/answer/1316548?hl=en.
14. We use Google AdSense Advertising on our Website.
17. We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
18. Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
LIABILITY, EXCLUSION AND LIMITATIONS
19. The Company warrants to the Client that it shall use all of its reasonable endeavours to provide the Services using reasonable care and skill and as far as reasonably possible, in accordance with the Client’s request.
20. The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
21. The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Services except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
22. All deliveries requested by the Client is on his own responsibility and liability. The company is in no way involved. Rider and Client are requested to settle all disputes between themselves and not involve the Company in any way.
23. The Company shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Client which are incomplete, incorrect or inaccurate or any other fault of the Client.
24. The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Company’s reasonable control.
25. Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Client for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Client in full).
DISCLOSURE OF INFORMATION
27. Unless the Company receives notice from the Client to the contrary, the Company shall from time to time provide to the Client (by post, telephone or email) such information in relation to the Services that the Company considers may be of interest to the Client.
28. The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Services, the modified version will take effect on the website www.bungkusit.com.my.
29. Client may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Services shall constitute acceptance of the modified version.
30. If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
31. Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
32. Nothing in the Agreement prevents the Company from disclosing Client information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Client where permitted to do so.
33. The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
34. The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.
GOVERNING LAW, JURISDICTION AND VENUE
36. This Agreement is governed by the laws in the state of Malaysia, without regard to choice or conflict of law rules thereof.
37. The Company welcomes your questions or comments regarding the foregoing Terms.
Email : [email protected]
Effective as of 30/11/2017