These terms and conditions apply to your use of the Uparcel mobile application and other related online and offline platform (“Uparcel”), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of Uparcel.
Uparcel is powered and provided by Uparcel Sdn.Bhd (Reg:1288397-A), incorporated in Malaysia.
1. Definitions and Interpretation
(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: “Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App; “Participating Providers” means the delivery agents or delivery operators whose courier and logistics services are offered and may be requested through the use of Uparcel; “Services” means any and all services provided by us to you by means of your use of Uparcel, which include the services described in clause 3(a); “MYR” means Malaysia Ringgit, the lawful currency of Malaysia; “App” means the “Uparcel” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services; and “Terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10.
(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
2. License of App
(a) Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
(b) Your use of Uparcel grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
(c) You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or App.
(a) We offer a technology platform to provide information and a means for you to obtain courier and logistics services from Participating Providers through the use of Uparcel. Uparcel allows you to send a request for courier and logistics services (together with details of you and your journey) to Participating Providers and each relevant Participating Provider has the sole discretion to provide quotation for such request. If a Participating Provider provides a quotation, Uparcel will notify you and provide information about the Participating Provider such as the quotation price, driver name, remarks and driver rating (if any). Once you have accepted the quotation of the Participating Provider, Uparcel will notify the Participating Provider your delivery details such as details of you and your journey. You will also receive details of the Participating provider such as the contact details.
(b) You acknowledge and agree that we only act as an intermediary between you and the Participating Providers and we are not your agent or the agent of the Participating Providers. We are not a transportation carrier and do not provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Participating Providers that you may use (through Uparcel or otherwise). Any contract for the provision of courier and logistics services is between you and the Participating Providers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Providers. If you have any complaint in relation to the courier and logistics service provided then that dispute must be taken up with the Participating Provider directly.
(c) You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to Uparcel and the Services.
(d) We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
4. Your use of Uparcel and the Services You agree:
(a) and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
(b) you will not use Uparcel or the Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders Uparcel or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
(c) to comply with all applicable laws while using Uparcel or the Services;
(d) you will not use the Uparcel or the Services to cause nuisance, annoyance or inconvenience;
(e) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
(f) to provide us with whatever proof of identity we may reasonably request;
(g) to treat Participating Providers introduced to you through Uparcel with respect and not engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their Services; and
(h) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms. We reserve the right to suspend, restrict or terminate your access to Uparcel and the Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse Uparcel or the Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
5. Charges and Payment.
(a) It is free to use the App. For details about the cost of the courier and logistics services provided by the Participating Providers, please refer to the latest pricing guidelines posted on www.Uparcel.co and/or the App, which may be amended and updated at our sole discretion from time to time without prior notice. You agree to make payment in full directly to any Participating Provider introduced to you through Uparcel for any services provided by such Participating Provider to you.
(a) We may from time to time offer promotions on Uparcel. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
7. Links and Advertisements
(a) Uparcel may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.
By accepting these Terms and using Uparcel or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
(a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein;
(b) your violation of any rights of any third party, including Participating Providers arranged via Uparcel, or
(c) your use or misuse of Uparcel or the Services.
(a) The App is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.
(b) We do not warrant and accept no liability in connection with the availability of the Services, the availability of courier and logistics services from the Participating Providers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Providers.
(c) Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by the Participating Providers reach or fail to reach the destination.
(d) Vehicles of Participating Providers registered with Uparcel may or may not be installed with GPS tracking device and/or other location tracking software or technology. If they are installed, such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
(e) It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Providers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Provider to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.
(f) The use of Uparcel and the Services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use Uparcel or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device). Without prejudice to the foregoing and insofar as permitted under applicable law, our aggregate liability shall in no event exceed an amount of MYR100.
10. Modification of Terms and the Services We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue Uparcel or the Services (including but not limited to the availability of any feature or content) by sending you notice through Uparcel or by posting a notice on our website at www.Uparcel.co, which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
(a) You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
(b) We may give notice by means of a general notice on Uparcel, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
(c) If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d) The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
13. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and we agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these Terms.
14. Refusal of Shipments
(a) You hereby agree and acknowledge that Uparcel may decline to deliver any item where:
(i) the application for delivery does not comply with the Standard Terms and Conditions stipulated herein;
(ii) you fail to accurately describe and declare the contents of the Delivery Item;
(iii) the packing of the Delivery Item is deemed unacceptable for delivery;
(iv) delivery is prevented, impeded or otherwise made unsafe or difficult by reason of unforeseen events such an act of God or event of force majeure; or
(v) you request any change to the scope of the Uparcel Service to which Uparcel does not agree to in writing;
(vi) Uparcel is of the opinion that it is unable to deliver any item safely or legally including without limitation the following items; (a) Explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not), dangerous or undesirable goods and all items prohibited by the International Air Transport Association, the International Civil Aviation Organization or any relevant government authority or under any applicable law or regulation; (b) Human or animal remains, memorial tablets or any items for use in religious ceremonies; (c) Live animals; (d) Credit cards, debit cards or cash cards; (e) Currency, cheques, bills or any bearer form negotiable instruments; (f) Share certificates or other documents evidencing title to securities; (g) Personal documents issued by government authorities such as identification cards, passports, driver’s licences, birth certificates etc.; (h) Original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you; (i) Documents containing a substantial amount of confidential information; (j) Precious metals and stones; (k) Illegal narcotics or drugs; or (l) Any package (or its contents thereof) of a value exceeding MYR1,000.
(b) In the event that Uparcel discovers during the course of delivery that a Delivery Item consists of any goods, items, products or materials referred to in Clauses 14(a)(vi)(a), (b) or (c), Uparcel reserves the right to dispose of the Delivery Item forthwith and shall notify you of the disposal within a reasonable period from the disposal. You shall bear any costs incurred or charges imposed by Uparce in connection with such disposal.
(c) Frozen food, perishables, food items re not covered by insurance
15. Charges and Refund
(a) In consideration of Uparcel’s provision of Service, you shall pay to Uparcel such amount of fees as determined by Uparcel upon your application for use of the Uparcels' service. The schedule of Fees prevailing from time to time can be found at http://www.uparcel.co/rates.
(b) Uparcel reserves the right to claim the Fees from the addressee of the Delivery Item upon delivery.
(c) There will be no refund of the Fees once paid to Uparcel, save in cases where any of the events result in delay in delivery or damage to the Delivery Item which Uparcel deems significant.
(d) Credit top ups are only valid for 12 months from the top up date. There is no refund upon expiry of credits
(a) Uparcel shall not be liable for loss or damage arising from or in connection with: (i) the delivery of any of the articles set out in Clause 14.a(vi) (where Uparcel was not aware that the contents of a Delivery Item comprised or included such articles); (b) your failure to specify any special precautions to be taken in respect of a Delivery Item, as required under Clauses 17, on the address label, consignment note, waybill and/or invoice; (c) the misalignment, wear and tear, dearrangement, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the Delivery Item; (d) delay or confiscation by any government authority due to the discovery of prohibited contents of the Delivery Item; (e) Uparcel’s failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government, accidents, traffic obstructions or congestion, mechanical breakdown, or other events of force majeure; or (f) any acts or omissions of any party other than Uparcel, including without limitation you, the named addressee, any government official or any sub-contractor engaged by Uparcel (whether or not you had notice of any arrangement between Uparcel or such sub-contractor).
(g) Uparcel shall not be liable for indirect or consequential loss or damage, including without limitation loss of profit, income, interest, future business or anticipated savings, even if the risk of such loss or damage was brought to Uparcel’s attention before or after acceptance of the Delivery Item.
(h) Uparcel shall not be liable for delay or non-delivery of a Delivery Item arising from or in connection with the detention of the Delivery Item by any government authority.
(i) For the avoidance of doubt, Uparcel shall not in any way be liable or responsible for a Delivery Item prior to the Delivery Item being accepted by Uparcel for delivery.
17. Customer’s Obligations
(a) You shall ensure that the Delivery Item is packed in a case, wrapper or container appropriate to the nature and weight of the Delivery Item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. In the event that packing of the Delivery Item is deemed by Uparcel to be unsuitable for transportation, you shall, upon notification by Uparcel, re-pack the Delivery Item in a suitable case, wrapper or container, failing which Uparcel will re-pack the Delivery Item at your expense
(b) You shall ensure that the Delivery Item is adequately packed so as to protect against damage to the Delivery Item during the course of delivery; and (i) (in the case of a Delivery Item of a fragile nature) that the Delivery Item shall be packed in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container such that the Delivery Item is guarded against damage that may result from any force, pressure or blows to which postal items are ordinarily subject during the course of delivery and that such Delivery Item shall bear the words "FRAGILE" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee; and (ii) (in the case of a Delivery Item which is susceptible to damage by bending) that the Delivery Item shall be packed in a case or container of sufficient durability and strength to prevent the Delivery Item from being bent or otherwise damaged during the course of delivery and such case or container shall bear the words "DO NOT BEND" prominently displayed in capital letters on the face of the case or container and above the address of the named addressee.
(c) You shall state on the address label in respect of each Delivery Item all information required in the address label, consignment note, waybill and/or invoice, including without limitation: (i) Your name, address (including the postal code) and telephone number; (ii) The addressee’s name, delivery address (including the postal code) and telephone number; (c) The Preferred Delivery Date and Preferred Time Zone; (iii) Description of the contents of the Delivery Item; and (iv) Special precautions to be taken in respect of the Delivery Item e.g. "FRAGILE", "PERISHABLE", "DO NOT BEND" etc.
(a) Any claims for damage to the Delivery Item must be made within 14 days from the date on which Uparcel accepts the Delivery Item for delivery, failing which Uparcel shall have no liability whatsoever.
(b) Any claims for loss of the Delivery Item must be made within 14 days from the Preferred Delivery Date in respect of that Delivery Item, failing which Uparcel shall have no liability whatsoever.
(c) All claims must be made in writing, accompanied by the original consignment note, waybill, relevant invoices and receipts and other supporting documents requested by Uparcel and submitted to our registered address.
(d) Claims are limited to one claim per Delivery Item, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
(e) Without prejudice to Clause 16 and provided that Uparcel is satisfied that your claim is justified, Uparcel's liability for any loss of or damage to the Delivery Item shall be limited to the value of the Delivery Item's cost price and must be supported with an invoice or proof of value.
(f) In the case of damage to the Delivery Item, the amount of compensation by Uparcel's agent shall be based on Uparcel’s assessment of the extent of the damage to and the actual value of the contents of the Delivery Item provided always that the amount of compensation shall not exceed the Compensation Limits. In the case of loss of or damage to the Delivery Item, Uparcel shall have the option of either replacing the Delivery Item or making monetary compensation within the Compensation Limits.
(g) Save in cases of a delivery failure, Uparcel's liability for any loss or damage arising from Uparcel's failure to deliver a Delivery Item by the Preferred Delivery Date shall be limited to the amount of the Fees charged in respect of that Delivery Item.
19. Payment to Participating Providers
(a) Participating Providers who uses the app to accept delivery jobs and perform deliveries, authorizes Uparcel to collect payment on their behalf.
(b) Payment collected on behalf will be settled to the Participating Providers every 2 weeks.
(c) Participating Providers who uses the app agrees to the 20% commission which is payable to Uparcel. The commission will be deducted from the gross amount shown in the app.
20. Withholding of Participating Providers or Delivery Agent's Pay
(a) Uparcel reserves the right to withhold the Participating Providers' payment if there is any breach of terms and conditions, complaints from customers, missing or damaged parcels or for cases involving police investigation.
(b) In any cases of compensation or liability arising from missing or damaged parcel, Uparcel reserves the right to deduct the compensation from the Participating Providers' payment before final disbursement.