Terms and Privacy
The Platforms may be used by
(a) natural persons who have reached 18 years of age and
(b) corporate legal entities, e.g companies
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of goods from the Platforms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.
iPick reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
In these Terms, the following wordsshall have the meanings described below: “Application” means the relevant mobile application(s) made available for download by iPick (or its licensors) to Users and Third Party Providersrespectively; iPick means:
a) iPick Sdn Bhd; and
b) the relevant subsidiary, affiliate, associated company of iPick Sdn Bhd.“iPick
Policies” means the following:
b) all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, age, race, religion, gender, address, telephone number, bank and credit card details, email address, your image, government-issued identification numbers, biometric data, date of birth, marital status, health information, vehicle and insurance information;
“Platforms” means the relevant iPick technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
“Service” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;
“Software” means any software associated with the Application which is supplied made available for download and installation by iPick;
“Solutions” means the following transportation and/or logistics services which are made available to Users throughthe Service (each a “Solution”) including but not limited to motorcycle, car and/or any such other services which iPick may make available from time to time.
“Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants or certain of its affiliates, “Dispatcher”.
“User” means any person who uses the Application, Platforms and/or Software to search for and obtain the Solutions; and
“User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
2. Representations, Warranties and Undertakings
By using the Service, you represent, warrant / undertake that:
2.1. All the information provided by you shall be true and accurate;
2.2. You will only use the Application, Platform and Service for their intended and lawful purposes;
2.3. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
2.4. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
2.5. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
2.6. You will not 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;
2.7. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
2.8. You will allow the Third Party Provider to take your full body picture together with the parcels and/or items to be sent out for delivery for identification purposes;
2.9. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
2.10. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards iPick or any third party;
2.11. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
2.12. You will not copy, or distribute the Software or other content without written consent from iPick;
2.13. You will 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 the Terms. You agree that iPick 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, iPick has the right but not the obligation to terminate these Terms and your use of the Service at any time with or without notice;
2.14. You will only use an access point or data account which you are authorized to use;
2.15. You agree that the Service is provided on a reasonable effort basis;
2.17. You agree to assist iPick with any internal and external investigations as may be required by iPick in complying with any prevailing laws or regulations in place;
2.18. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, iPick or any other party as a result of your breach of these Terms;
2.19. You will not utilise modified devices or applications with the intent of evading detections or facilitating
any activities intended to defraud iPick or to disrupt the natural functions of the Application;
2.20. You provide us the phone numbers of iPick users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.
You further represent, warrant / undertake that:
2.21. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
2.22. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
2.23. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee.
2.24. You shall not contact the Third Party Provider for purposes other than the Service;
2.25. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
2.26. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other; directory from any directory from any content displayed on the Application or Platform except for your personal, non- commercial use;
2.27. Where applicable, you will not copy any content displayed through the Application or Platform, including any third- party product content and reviews, for republication in any format or media;
2.28. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
2.29. You agree that iPick 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 twelve (12) months from the last date of transaction and deactivate or restrict access to your user account.
Firmware or settings of different models or versions of routers, browsers and devices may not be compatible with the Application, Platform and Software. We do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.
4. License Grant and Restrictions
4.1. iPick and its licensors, where applicable, grant you a revocable, non-exclusive, non-transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of these Terms.
4.2. User shall not make any changes including but not limited to modify, copy, license, sublicense, sell, transfer, assign, distribute
or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way.
4.3. User shall not post, distribute or reproduce in any way any spam or unsolicited messages, copyrighted material, trademarks, or
other proprietary information without obtaining the prior consent of the owner of such proprietary rights and remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform.
5.1. Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable. Automated payment may be made by credit card and or debit card, by iPick Pay, or where available by such other methods as are made available in the Application.
5.2. In the event of an incomplete transaction of payment due to unavoidable circumstances between you and the bank, you shall proceed to make a complaint to the bank. iPick shall not be responsible for the failure of the transaction.
5.3. Users are not required to pay any fee to the Dispatcher directly (unless expressly stated) and if you do so without prior knowledge, we do not consider it as payment of our Services and we will still charge you for the Services. No refund will be made for such payment made to the Dispatcher.
6.1. Claim on damage/lost to the parcel or its content can only be claimed by the Sender or the representative of the Sender who has
been authorised in writing by the Sender. The claim request together with required physical and effective proof and any other necessary documents for damages or lost must be completely filled up and submitted within 24 hours upon receiving of the items.
The required documents include but not limited to (a) claim request form
(b) Copy of bank account statement (c) Copy of the consignment bill (d) Original tax invoice from Supplier to verify actual price of the content (e) Tax invoice of consignment bill (if have) (f) Copy Identity card of applicant which has been certified
true copy or a copy of business registration certificate (SSM) if the claimant is a business entity (g) Insurance claim form and documents required by insurance company (for insured items) (h) Any other required supporting documents. Notwithstanding
the claims’ documents listed, the list is non-exhaustive and iPick reserves the right to obtain further documents to facilitate the investigation of the claim request.
6.2. Non-cooperation by the Sender such as incomplete submission of documents, breach of the 24hours deadline, non- respond from Sender shall be deemed prejudicial iPick and iPick reserves the rights to reject the claim request.
6.3. iPick reserves the right to refuse any claim if the complainant is unable to verify or unable to provide sufficient evidence that the damage/lost occurred under iPick ‘s control.
7 Limited Liability
For non-insured shipments, iPick shall only be liable for the direct losses for damaged or lost items, but is limited to the following. The actual amount of loss or damage based on the actual value/costs of the contents as stated on purchase invoice of damaged or lost items or a maximum of RM100.00 for the shipments, whichever is lower for each consignment note.
You cannot cancel your request for transportation services at any time after you have confirmed your ride with the Third Party Provider that has been matched with you by the Service. If you decide to cancel your booking or do not show up at the designated location, you will be charged without refund.
9 Loyalty Programme and Promotions for Users
If you are a User using the Application, you will automatically be a member of the loyalty programme operated by iPick and/or its affiliate companies. From time to time, iPick may run marketing and promotional campaigns which offer voucher codes, discounts, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. iPick reserves the rightto withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. iPick reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms.
Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided. iPick may analyse all ratings received and take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
Any complaints between Third Party Providers and Users must be taken up with each other directly.
12 Repair and Cleaning Fees for Users
Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Third Party Provider’s Vehicle as a result of your misuse of the Service or breach of the Terms herein.
13 Intellectual Property Ownership
Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property belonging to iPick. iPick and/or its related corporations (where applicable) shall at all times own all the rights, title and interest and to the Sites, Platforms, Services, iPick’s name, logos, trademarks, service marks, designs, copyrighted materials and all other intellectual property rights of iPick.
You agree that these Terms is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend iPick 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.
You shall maintain in confidence all information and data relating to iPick, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of iPick (whether orally or in writing and whether before, on or after the date of these Terms) or which are otherwise directly or indirectly acquired by you from iPick, or any of its affiliate companies, or created in the course of these Terms. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without iPick’s prior written consent, disclose such information to any third party nor use it for any other purpose. The obligations of confidentiality shall not apply to the extent that you can show that the relevant information where it was at the time of receipt already in your possession, or becomes in the future, public knowledge through no fault or omission on your part, was received from a third party having the right to disclose it or is required to be disclosed by law.
16 Data Privacy and Personal Data Protection Policy
17 Third Party Interactions
The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. iPick does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. iPick accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.
You agree to indemnify, defend, hold harmless iPick, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
The Platform is delivered to you on an “as is” basis and although iPick has used its best endeavors to ensure that the Platform will work properly on your mobile device and/or browser, iPick does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device. The Platform is also delivered to you on an “as available” basis and iPick does not warrant the availability of the Services, the availability of Third Party Providers through the use of the Services, the accuracy of the data or information provided as part of the Services. iPick does not make any representation or warranty in respect of the quality or timeliness of any transportation, logistical and/or delivery services provided by the Third Party Providers. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the Third Party Providers and you shall have no claim against iPick. iPick shall not be liable for any damages including but not limited to indirect, accidental, special, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Platforms. You acknowledge and agree that iPick has no responsibility or liability to you or any third party in relation to any goods intended to be transported and/or delivered by a Third Party Providers. The foregoing limitations and exclusions apply to the extent permitted by law.
20 Internet Delays
The service, platform, 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 not connected, being faulty, out of coverage, switched off or not functioning. iPick is not responsible for any delays, delivery
Third Party Provider Service Delays
User shall not hold iPick and the Third Party Provider liable for any delays of delivery or pick-up, and damages of food
and/or items due to bad weather conditions.
22 No Waiver
No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver granted hereunder must be in writing and shall be valid only in the specific instance in which given.
23 Limitation of Liability
To the extent permitted by law, iPick (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The iPick entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the iPick entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, iPick, the iPick entities, its agents, representatives and service providers’ liability shall be limited to the extent permitted by law.
iPick may give notice through the Application, electronic mail to your email address in the records of iPick, or by written communication sent by registered mail or pre-paid post to your address in the record of iPick. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to iPick (such notice shall be deemed given when received by iPick) by letter sent by courier or registered mail to iPick using the contact details as provided in the Application.
These Terms as constituted by these Terms 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.
26 Dispute Resolution
These Terms 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 these Terms 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 (“Rules”) by a sole arbitrator appointed by the mutual agreement of you and iPick (“Arbitrator”). If you and iPick are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of 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 you and iPick, 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.
Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise with iPick.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
29 Entire Agreement
These Terms comprises the entire agreement between you and iPick and supersedes any prior or contemporaneous negotiations or discussions.
30 Suspension and Termination
You agree that we may modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason, modify or change any applicable policies or terms and interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or nonroutine maintenance, error correction, or other changes at any time, without notice. We shall not be required to compensate you for any suspension or termination.
31 No Third Party Rights or Assignment
These Terms does not give rights to any third parties who are not party to this Agreement.
32 Additional Terms: iPick Parcel
32.1. You shall not send any delivery item containing including but not limited to perishable items, hazardous, explosive, flammable
and unsafe items (including power banks), valuable items and documents (e.g. cash, passport, birth certificate, Land Title), credit or debit cards, illegal substances, including but not limited to narcotic substances, alcohol or cigarettes, live animals and
plants, any unpacked / loose items that can be easily damaged in transit, counterfeit goods, animals (live or otherwise), bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones, real or imitation weapons including firearms or parts thereof, explosives or ammunition, human remains or body parts and/or pornographic material.
32.2. You are responsible for the safety of the packaging of your own delivery item. iPick and Third Party Provider shall not be responsible for any loss, breakage, damage, contamination and/or soiling due to the failure of the userto pack the delivery item
32.3. You represent and warrant that you are either the owner or authorised representative of the owner of the delivery item, and that
you are authorised to accept and you accept these Terms for yourself or as a representative acting for and on behalf of the
owner of the delivery item.
32.4. You represent and warrant that your identification together with the recipient’s identification must be confirmed before the
commencement of the delivery of item.
32.5. You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. iPick shall not be liable in the event of late delivery or non-delivery of
delivery items by reason of erroneous delivery details entered by you on the Application.
32.6. You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g.
name, contact details and delivery address) to iPick and the Third Party Provider (whether by way of entering such details on the Application or otherwise).
32.7. You represent and warrant that in the event the recipient is unavailable to receive the item, it shall be returned to you and
you will be charged a double amount of the delivery fee. You shall be solely responsible for any losses, claims and/or damages if you insist to leave the item unattended at the recipient’s address.
32.8. You represent and warrant that the recipient shall be aware of the delivery and shall receive the delivery item immediately when the Third Party Provider arrives at the recipient’s address;
32.9. You represent and warrant that the description and specific details of the delivery item which you provide are accurate and
complete. Before delivery commences, you must inform the Third Party Provider of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.
32.10. You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition:
(a) non-compliant with or prohibited by any applicable laws or regulations;
(c) easily experience degradation of quality;
(e) contain explosives;
(g) contain radioactive
(h) prohibited based on the provisions stipulated in the Malaysian law.
32.11. iPick and/or the Third Party Provider has the right to open and inspect the delivery item without prior notice to you based on
any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the above mentioned provisions herein and iPick and/or Third Party Provider has the right to refuse the receipt and delivery of such delivery item.
32.12. You represent and warrant that the delivery item has been packed by yourself personally, is properly and
sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.
32.13. iPick shall not be responsible for any damage, detention, contamination, soiling and/or loss of delivery item while in transit and possession of the Third Party Provider.
32.14. After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).
32.15. As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location. iPick and the Third Party Provider will have the right to not proceed with your booking where the requested delivery location falls outside the delivery zone offered on the Application, failure to contact you by phone or other means at the time of confirming the order booking, failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery, or the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location.
32.16. Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed above.
32.17. You agree to assume full responsibility and liability for all loss and/or damage suffered by yourself, the Third Party Provider, iPick or any third party as a result of any breach of these Terms.
Terms of Service (Third Party Provider)
These Terms of Service (“Terms”) govern your use of the websites and mobile applications provided by iPick Sdn Bhd (or referred to as “iPick”, “our”, “we” or “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted these Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within these Terms, please do not use
The Platforms may be used by:
a) natural persons who have reached 18 years of age and
b) corporate legal entities, e.g companies.
Where applicable, these Terms shall be subject to country-specific provisions asset out herein.
Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. iPick reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
In these Terms, the following words shall have the meanings ascribed below:
“Application” means the relevant mobile application(s) made available for download by iPick (or its licensors) to Users
and Third Party Provider respectively;
a) iPick Sdn Bhd; and
b) the relevant subsidiary, affiliate, associated company of iPick Sdn Bhd.“iPick
Policies” means the following:
b) all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to entered
into by you from time to time;
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, maritalstatus, religion, health information, vehicle and insurance information;
“Platforms” means the relevant iPick technology platforms, portal or website that, when used in conjunction with the
Application, enables Users to request or access Solutions;
“Service” means the linking of Users to Third Party Provider or other Users through the Application, Platforms and/or Software;
“Software” means any software associated with the Application which is supplied made available for download and
installation by iPick;
“Solutions” means the following transportation and/or logistics services which are made available to Users throughthe Service (each a “Solution”) including but not limited to motorcycle and/or any such other services which iPick may make available from time to time.
“Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including merchants;
“User” means any person who usesthe Application, Platforms and/or Software to search for and obtain the Solutions; and
“User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any
applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
2. Representations, Warranties and Undertakings
If you are a Third-Party Provider, you further represent, warrant / undertake that:
2.1. If applicable, to submit all the personal information requested upon register as a Third Party Provider with iPick such as among others, a valid driving license, passport sized photograph and medical report.
2.2. If applicable, you possess a valid driver’s license in order to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;
2.3. If applicable, you own, or have the legal right and authority to operate, the vehicle or motorcycle, (“Vehicle”) which you intend
to use when accepting Users, and such Vehicle is in good operating condition and meets the industry safety standards for
Vehicles of its kind;
2.4. If applicable, you will use the appropriate road safety equipment, as required by applicable laws;
2.5. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger delivery service;
2.6. If applicable, you possess a valid policy of private vehicle insurance and e-hailing insurance (in industry- standard coverage amounts) to operate the Vehicle as required by the relevant authorities and any other applicableregulation for the operation of the vehicle. You shall ensure your insurance covers any and all anticipated and unforeseeable losses in relation to damages to the Vehicle, any claims, personal injury and death of Users, as wellas third party coverage whilst operating as a Third Party Provider. You shall ensure that your insurance is purchased and effective on or before the commencement date of your service and a copy of the same shall be submitted to iPick;
2.7. If applicable, iPick shall encourage and promote to the Third Party Provider to sign up for an insurance package by external Insurance Companies (“Third Party Insurance”) in the event the Third Party Provider have no valid insurance policy;
2.8. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;
2.9. You shall obey all local laws related to the operation of a delivery service and will be solely responsible for any violations of such local laws;
2.10. You shall not contact Users for purposes other than in connection with the Service;
2.11. You shall not trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of
iPick, including but not limited to any user account not owned by you, or to exploit the Application or any service or information made available or offered by or through the Application, in any way with the intention to reveal any details, including but not limited to personal information, other than your own information;
2.12. You shall not use iPick brand name to fulfil any unknown, unauthorized and/or illegal delivery. In the event youare caught to do so, iPick holds the right to terminate, suspend, takes legal action and/or apply termination fee to you;
2.13. Standard telecommunication charges may apply which shall be solely borne by you when responding to Users; If you are required to 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 these Terms;
2.14. No joint venture, partnership, employment, or agency relationship exists between you, iPick or any Third Party Provider as a result of these Terms;
2.15. Third Party Provider shall be solely responsible for its own fund contribution payment including but without limitation to Social Security Organisation (SOCSO) and Employees Provident Fund (EPF);
2.16. iPick reserves the right to take an action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service otherthan for the purpose for which it is intended to be used.
3.1. Payment Terms
3.1.1. The fees which you pay iPick for the Service are due immediately and are non-refundable (“Service Fee“). This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application/Platforms,
our decision to terminate or suspend your access to the Application/Platforms, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
3.1.2. You acknowledge and confirm that iPick may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the solution.
3.1.3. iPick 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 these Terms. In such an event, you shall not hold iPick liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
3.1.4. iPick may, at its sole discretion, make promotional offers with different features and rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you.
3.1.5. iPick may adjust the Service Fee at any time at its sole discretion.
3.1.6. iPick shall administer payments to you and from you by way of a system in the Application. Your earnings may be withdrawn by you to your designated bank account, or to such other recipient accounts as are made available in the Application. The transfer of your funds by iPick shall not be made in cash to you. iPick reserves the right to make deductions from the system as are notified to you via the Application.
3.1.7. In addition to the foregoing, you must at all times maintain a minimum credit balance in the Application in order for you to use the Service. The amount of such minimum balance shall be prescribed by iPick, and shall be notified to you via the Application. It may be changed at any time at iPick’s sole discretion.
3.1.8. You may add funds to the Application to fulfill the minimum balance requirement. Balance may be added in any manner prescribed by iPick from time to time (such as cash reload and credit/debit card payments).
3.1.9. Funds in the Application are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instrumets under any circumstances. You will not receive interest or other earnings on your Credits. iPick may receive interest on amounts that iPick holds on your behalf. You agree to assign your rights to iPick for any interest derived from your Credits.
4.1. The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of iiPick.
4.2. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the
Application. iPick reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted and you will be charged with a cancellation fee.
5.1. You are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with these terms.
6.1. You shall not accept any delivery item having size, dimensions or weight in excess of what is stated in the Platforms.
6.2. You may take photos of the delivery item as a reference to exhibit to iPick in the event the item is believed to be suspicious.
6.3. You shall take a full body photo of the user holding the item for delivery for security purposes.
6.4. You shall not accept any delivery item containing or which you believe may contain including but not limited to any
fragile and/or perishable items, hazardous, explosive, flammable and unsafe items (including fireworks), valuable items and documents (e.g. cash, passport, other official identification documents or Land Title), credit or debit cards, illegal substances, including but not limited to narcotic substances, alcohol or cigarettes, live animals and plants, any unpacked /loose items that can easily be damaged in transit, counterfeit goods, animals (live or otherwise), bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones, real or imitation weapons including firearms or parts thereof, explosives or ammunition, human remains or body parts, and/or pornographic material.
6.5. You agree that you will cooperate in relation to any investigation that is required and to assist iPick in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
6.6. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any User, iPick or any third party as a result of any breach of these terms.
1. Collection of Personal
The Company will collect and process Personal Information regarding the User in compliance with the law. It includes consent given by the User, legitimate interests and processing of necessary information of a contract with the User. Collection of information will be done by the Company when the User completes the User’s profile or registration forms, provides information to assess User’s eligibility to provide services including riders, merchants and partners, interacts with the Company’s social media pages, participates in contests or events organized by the Company, verifies the identity through various means and fills up demographic information in surveys including but not limited to volunteered information by the User, name, age, gender, marital status, address, occupation and race. The foregoing includes the User’s internet protocol address (IP address) and, if the User accesses the Services from a mobile application, the User’s unique mobile device ID number and non-email authentication. Browser and device information and the User’s information are collected through technologies such as cookies.
2. Use of Personal Information
The Personal Information as provided/furnished by the User to the Company or collected by the Company from the User or through such other sources as may be necessary for the fulfilment of the purposes at the time it was sought or collected, may be processed for the following purposes (collectively referred to as the “Purposes”) such as to communicate with the User, to maintain and improve customer relationship, to assess, process and provide products, services and/or facilities to the User, to administer and process any payments related to products, services and/or facilities requested by the User, to establish the User’s identity and background, to respond to the User’s enquiries or complaints and resolve any issues and disputes which may arise in connection with any dealings with the Company, provide the User with information and/or updates on the Company’s products, services, upcoming promotions offered by the Company and/or events organised by the Company and selected third parties which may be of interest to the User from time to time, for direct marketing purposes via SMS, phone call, email, fax, mail, social media and/or any other appropriate communication channels to members of the Company loyalty programmes, in accordance with the User’s consent, to facilitate the User’s participation in, and the Company’s administration of, any events including contests, promotions or campaigns, to award points in a loyalty or rewards programme, to maintain and update internal record keeping, for internal administrative purposes, to send the User seasonal greetings messages from time to time, to send the User the invitation to join the Company’s events and promotions and product launch events, to monitor, review and improve the Company’s events and promotions, products and/or services, to conduct credit reference checks and establish the User’s creditworthiness, where necessary, in providing the User with the products, services and/or facilities, to administer and give effect to the User commercial transactions with the Company (such as for service, tenancy agreement), to process any payments related to the User’s commercial transactions with the Company, to process and analyse the User’s Personal Information either individually or collectively with other individuals, to conduct market research or surveys, internal marketing analysis, customer profiling activities, analysis of customer patterns and choices, planning and statistical and trend analysis in relation to the Company products and/or services, to share any of the User’s Personal Information with the auditor for the Company internal audit and reporting purposes, to share any of the User’s Personal Information pursuant to any agreement or document which the User has duly entered with the Company for purposes of seeking legal and/or financial advice and/or for purposes of commencing legal action, to share any of the User’s Personal Information with the Company joint venture/business partners to jointly develop products and/or services or launch marketing campaigns, to share any of the User’s Personal Information with insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary, to share any of the User’s Personal Information with financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary, for audit, risk management and security purposes, for detecting, investigating and preventing fraudulent, prohibited or illegal activities, for enabling the Company to perform its obligations and enforce its rights under any agreements or documents that the Company are a party to, to transfer or assign the Company’s rights, interests and obligations under any agreements entered into with the Company, for meeting any applicable legal or regulatory requirements and making disclosure under the requirements of any applicable law, regulation, direction, court order, by-law, guideline, circular or code applicable to the Company, to enforce or defend the Company’s rights and the User’s rights under, and to comply with, the Company’s obligations under the applicable laws, legislation and regulations, to carry out verification and background checks as part of any recruitment and selection process in connection with the User’s application for employment with the Company; and/or for other purposes required to operate, maintain and better manage the Company’s business and the User’s relationship with the Company, which the Company will notify the User of at the time of obtaining the User’s consent; and the User agrees and consents to the Company using and processing the User’s Personal Information for the Purposes in the manner as identified in this Policy. If the User does not consent to the Company processing the User’s Personal Information for one or more of the Purposes, please notify the Company at the contact details provided.
3. Disclosure of Personal
The Company will not sell, rent, transfer or disclose any of the User’s Personal Information to any third party without the User’s consent. However, the Company may disclose the User’s Personal Information to the following third parties, for one or more of the above Purposes such as the Company related corporations and affiliates either in Malaysia or overseas, the User’s immediate family members and/or emergency contact person as may be notified to the Company from time to time, successors in title to the User, any person under a duty of confidentiality to which has undertaken to keep the User’s Personal Information confidential which the Company has engaged to discharge the Company’s obligations to the User, any party in relation to legal proceedings or prospective legal proceedings, the Company’s auditors, consultants, lawyers, accountants or other financial or professional advisers appointed in connection with the Company’s business on a strictly confidential basis, appointed by the Company to provide services to the Company, any party nominated or appointed by the Company either solely or jointly with other service providers, for the purpose of establishing and maintaining a common information base where the Company has a legitimate common interest, information centres and/or servers located within or outside Malaysia for information storage purposes or otherwise, payment channels including but not limited to financial institutions for the purpose of assessing, verifying, effectuating and facilitating payment of any amount due to the Company in connection with the User’s purchase of the Company’s products and/or services, government agencies, law enforcement agencies, courts, tribunals, regulatory bodies, industry regulators, ministries, and/or statutory agencies or bodies, offices or municipality in any jurisdiction, if required or authorised to do so, to satisfy any applicable law, regulation, order or judgment of a court or tribunal or queries from the relevant authorities, the Company joint venture/business partners, third-party product and/or service providers, suppliers, vendors, contractors, information processors or agents, that provide related products and/or services in connection with the Company’s business, or discharge or perform one or more of the above Purposes and other purposes required to operate and maintain the Company’s business, including but not limited to call centers, telecommunication companies, logistics companies, information technology companies and information centers; insurance companies for the purpose of applying and obtaining insurance policy(ies), if necessary, financial institutions for the purpose of applying and obtaining credit facility(ies), if necessary, financial institutions, merchants and credit card organisations in connection with the User commercial transactions with the Company, the general public when the User becomes a winner in a contest by publishing the User’s name, photographs and other Personal Information without compensation for advertising and publicity purposes, to third-party credit reporting or employment agencies as part of the recruitment and selection process and/or otherwise in connection with the User’s application for employment with the Company, in the event of a potential, proposed or actual sale/disposal of any of the Company’s business or interest, merger, acquisition, consolidation, re-organisation, funding exercise or asset sale relating to the Company, or in the event of winding-up (“Transaction”), the User’s Personal Information may be required to be disclosed or transferred to a third party as a result of, or in connection with, the Transactions. The User hereby acknowledges that such disclosure and transfer may occur and permit the Company to disclose and transfer the User’s Personal Information to such third party and its advisors/representatives and/or any other person reasonably requiring the same in order for the Company to operate and maintain the Company’s business or carry out the activities set out in the Purposes.
4. Personal Data from Minors and Other Individuals
To the extent that the User has provided (or will provide) Personal Information about the User’s family, spouse and/or other dependents, the User confirms that the User has explained to them that their Personal Information will be provided to, and processed by, the Company and the User represent and warrant that the User has obtained their consent to the processing (including disclosure and transfer) of their Personal Information in accordance with this Policy and, in respect of minors (i.e. individuals under 18 years of age) or individuals not legally competent to give consent, the User confirm that they have appointed the User to act for them, to consent on their behalf to the processing (including disclosure and transfer) of their Personal Information in accordance with this Policy.
5. Retention of Personal Information
The Company retain the User’s Personal Information for the period necessary to fulfill the Purposes outlined in this Policy unless a longer retention period is required or allowed by law. Once the User’s Personal Information is no longer necessary for the Services or Purposes, or the Company no longer have a legal or business purpose for retaining the User’s Personal Information, the Company take steps to erase, destroy, anonymise or prevent access or use of such Personal Information for any purpose other than compliance with this Policy, or for purposes of safety, security, fraud prevention and detection, in accordance with the requirements of applicable laws.
6. International Transfers of Personal Information The Company’s information technology storage facilities and servers may be located in other jurisdictions outside of Malaysia. This may include, but not limited to, instances where the User’s Personal Information may be stored on servers located outside Malaysia. In addition, the User’s Personal Information may be disclosed or transferred to entities located outside Malaysia or where the User access the Site from countries outside Malaysia. Please note that these foreign entities may be established in countries that might not offer a level of data protection that is equivalent to that offered in Malaysia under the laws of Malaysia. The User hereby expressly consent to the Company transferring the User’s Personal Information outside of Malaysia for such purposes. The Company shall endeavour to ensure that reasonable steps are taken to procure that all such third parties outside of Malaysia shall not use the User’s Personal Information other than for that part of the Purposes and to adequately protect the confidentiality and privacy of the User’s Personal Information.
8. Protection of Personal Information
The Company are committed to ensuring that the User’s Personal Information is stored securely. In order to prevent unauthorised access, disclosure or other similar risks, the Company endeavour, where practicable, to implement appropriate technical, physical, electronic and procedural security measures in accordance with the applicable laws and regulations and industry standard to safeguard against and prevent the unauthorised or unlawful processing of the User’s Personal Information, and the destruction of, or accidental loss, damage to, alteration of, unauthorised disclosure of or access to the User’s Personal Information. The Company will make reasonable updates to its security measures from time to time and ensure the authorised third parties only use the User’s Personal Information for the Purposes set out in this Policy. The Internet is not a secure medium. However, the Company will put in place various security procedures with regard to the Site and the User electronic communications with the Company. The Company’s employees, joint venture/business partners, agents, contractors, vendors, suppliers, data processors, third-party product and/or service providers, who have access to, and are associated with the processing of the User’s Personal Information, are obliged to respect the confidentiality of the User’s Personal Information. Please be aware that communications over the Internet, such as emails/web mails are not secure unless they have been encrypted. The User communications may be routed through a number of countries before being delivered – this is the nature of the World Wide Web/Internet. The Company cannot and do not accept responsibility for any unauthorised access or interception or loss of Personal Information that is beyond the Company’s reasonable control.
9. Rights in Respect of Personal Information Subject to the exceptions provided under the Personal Data Protection Act 2010 (“PDPA”), the User has the right to request for access to, request for a copy of, a request to update or correct, the User’s Personal Information held by the Company. The Company may charge a small fee (such amount as permitted by the PDPA) to cover the administration costs involved in processing the User’s request to access the Personal Information. In respect of the User’s right to access and/or correct its Personal Information, the Company has the right to refuse the User’s request to access and/or correct the Personal Information for the reasons permitted under the law, such as where the expense of providing access to the User is disproportionate to the risks to the User’s privacy, or where the rights of others may also be violated, amongst other reasons. The User has the right at any time to request the Company to limit the processing and use of its Personal Information (for example, requesting the Company to stop sending any marketing and promotional materials or contacting the User for marketing purposes). In addition, the User also has the right, by notice in writing, to inform the Company on the User’s withdrawal (in full or in part) of the User’s consent given previously to the Company subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be affected. However, the User’s withdrawal of consent could result in certain legal consequences arising from such withdrawal. In this regard, depending on the extent of the User’s withdrawal of consent for the Company to process the Personal Information, it may mean that the Company will not be able to continue with the User’s existing relationship with the Company and/or the contract that the User have with the Company will have to be terminated.
10. Amendments and Updates
The Company shall have the right to modify, update or amend the terms of this Policy at any time by updating the updated Policy on the Websites. By continuing to use the Apps, Websites or Services, purchase products from the Company or continuing to communicate or engage with the Company following the modifications, updates or amendments to this Policy, the User signify the User’s acceptance of such modifications, updates or amendments.