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TERMS AND CONDITIONS

eTRUCX offers a platform and a method for transportation providers, driver and vehicle operators to schedule, obtain and establish contact with potential customers.

Acknowledgement

In order to use the Service (each as defined above), the Users must agree to the Terms and Conditions. Whereas by using this Service (including but not limited to the Platform, Mobile Application and Software, including downloading, installing or using any associated software supplied by eTRUCX which overall purpose is similar to the Service), the Users agree that the Users have read, understood, agreed and accepted the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time at https://www.etrucx.com

The Terms and Conditions shall constitute a legal agreement between the Users and eTRUCX, and the Users further agree to the representations made by the Users below.

Amendments

eTRUCX shall reserve the right to modify, vary or change the Terms and Conditions relating to the Service at any time as eTRUCX deems fit. Such modifications, variations or changes to the Terms and Conditions shall be effective upon the posting of an updated version at https://www.etrucx.com and/or on its sub-webpages.

It shall be the Users sole responsibility to review this Terms and Conditions regularly whereupon the continued use of the Service by the Users shall constitute the Users’ consent and acceptance to any amendments, changes, whether or not reviewed by the Users.

Representation

By using the Service, the Users expressly represent and confirm:-

  1. that the Users are legally entitled to accept and agree to the Terms and Conditions;
  2. that the Users are at least eighteen (18) years old;
  3. that the Users have the right, authority and capacity to use the Service and to abide by the Terms and Conditions;
  4. that the Users confirm that all the information provided or to be provided by the Users shall be true and accurate;
  5. that the Users are aware that standard telecommunication charges will apply and which shall be solely borne by the Users when responding or using the Service;
  6. that the Users are aware that the use of the Service will be subject to the eTRUCX Privacy Policy as may be amended from time to time and
  7. the use of the Service is for the Users own sole, personal use.

Warranty and Undertaking - eTRUCX

The Driver expressly warrant and undertake that:-

  1. the Driver shall not promote competing applications or service, or giving out coupons and suggesting any other form of discounts to the Customers;
  2. the Driver shall not authorize any third party to use the Driver’s identity or status;
  3. the Driver shall not assign or otherwise transfer the Driver’s user account to any third party;
  4. the Driver shall only access the Service using authorized and legal means;
  5. the Driver possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation for hire to third parties;
  6. the Driver own, or have the legal right and authority to operate, the vehicle which you intend to use when accepting cargoes, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind;
  7. the Driver has a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of the motor vehicle and/or business insurance to cover any anticipated losses related to the operation of a delivery service;
  8. the Driver 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 damages which is due to or is alleged to be a result of the motor vehicle and/or delivery service howsoever operated;
  9. the Driver 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;
  10. the Driver shall only use the Service for lawful purposes;
  11. the Driver shall only use the Service for the purpose for which it is intended to be used;
  12. the Driver shall not use the Mobile Application for sending or storing any unlawful material or for fraudulent purposes;
  13. the Driver shall not use the Mobile Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  14. the Driver shall will not use the Service, Mobile Application and/or Software for purposes other than obtaining the Service;
  15. the Driver shall not impair the proper operation of the network;
  16. the Driver shall not try to harm the Service, Application and/or the Software in any way whatsoever;
  17. the Driver shall not copy, or distribute the Software or other content without written permission from the eTRUCX;
  18. the Driver shall only use the Software and/or the Application for own use and will not resell it to a third party;
  19. the Driver shall keep secure and confidential his/her own account password or any identification provided to the Driver which allows access to the Service;
  20. the Driver shall provide to eTRUCX with any proof of identity of which eTRUCX may reasonably request or require; and
  21. the Driver shall provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update the Driver’s information in a timely manner to keep it accurate, current and complete at all times.

Warranty and Undertaking - Customer

The Customer expressly warrant and undertake that:-

  1. the Customer shall only use the Service for lawful purposes;
  2. the Customer shall only use the Service for the purpose for which it is intended to be used;
  3. the Customer shall not use the Mobile Application for sending or storing any unlawful material or for fraudulent purposes;
  4. the Customer shall not use the Mobile Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  5. the Customer shall not use the Service, Mobile Application and/or Software for purposes other than obtaining the Service;
  6. the Customer shall not impair the proper operation of the network;
  7. the Customer shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  8. the Customer shall not try to harm the Service, Mobile Application and/or the Software in any way whatsoever;
  9. the Customer shall not copy, or distribute the Software or other content without written permission from eTRUCX;
  10. the Customer shall only use the Software and/or the Mobile Application for own use and will not resell it to a third party;
  11. the Customer shall keep secure and confidential account password or any identification provided by eTRUCX which allows access to the Service;
  12. the Customer shall provide eTRUCX with whatever proof of identity of which eTRUCX may reasonably request or require; and
  13. the Customer shall provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update the Customer’s information in a timely manner to keep it accurate, current and complete at all times.

Driver Code of Conduct

The Driver using the Service shall comply with the code of conduct as per below:-

  1. the Driver shall comply with all traffic laws, regulations, rules, policies and guidelines as well as this code and any further guidelines that may be issued by eTRUCX from time to time;
  2. the Driver agree not to be involved in any activity that may impair or degrade the reputation of eTRUCX and/or causes disruption to eTRUCX operation or conspire with other Driver or third party with the intention to commit the aforesaid acts;
  3. the Driver is strictly prohibited against committing any acts with the intention to cheat or defraud eTRUCX may cause eTRUCX to suffer damages and/or loses;
  4. the Driver is prohibited from taking part in any illegal demonstrations against eTRUCX, being a member of an unregistered association, incite other Driver not to use the eTRUCX application, boycott or threaten to boycott the Service or any other acts that may be construed to be against the interest of eTRUCX;
  5. the Driver shall provide a safe transportation for all cargoes;
  6. the Driver shall not consume alcohol while using the Service, and illegal substances and open containers of alcohol are not permitted in Driver’s vehicle;
  7. the Driver are prohibited from having or keeping weapons of any kind or description in their own vehicle or on driver for any reason whatsoever;
  8. the Driver shall not drive recklessly which endangers cargoes and/or other road users and this includes:-
    • Driving against the direction
    • Fails to comply with speed limits
    • Fails to conform to traffic light
    • Using mobile phone without any hands free kit while driving
    • Fails to use the indicator signal prior to changing or turning into a junction
    • Breaches any other traffic laws
  9. the Driver is responsible to maintain his/her own vehicle in a good operating condition, in accordance with the industry safety standards;
  10. the Driver shall undergo regular physical health checks as mandated or recommended by local regulations or as and when directed by eTRUCX;
  11. the Driver shall always be properly and decently attired and exhibit good mannerism as well as communicate with Users politely;
  12. the Driver are prohibited from driving without any valid license, insurance policy and/or business licenses or permits required to provide transportation for hire;
  13. the Driver shall not transfer a job to other driver;
  14. the Driver shall not set own fares; and
  15. the Driver shall not contact the Customer unless it is for purposes related to the job booking made by Customer.

Licensing

eTRUCX and its licensors, where applicable, hereby grants the Users a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Mobile Application and/or the Software, solely for personal purpose, subject to the Terms and Conditions. eTRUCX shall reserves all rights not expressly granted to the Users.

The Users shall not:-

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mobile Application and/or the Software in any way;
  2. modify or make derivative works based on the Mobile Application and/or the Software;
  3. create internet “links” to the Mobile Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device;
  4. reverse engineer or access the Software in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Mobile Application and/or the Software; or copy any ideas, features, functions or graphics of the Mobile Application and/or the Software;
  5. post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; and
  6. remove any copyright, trademark or other proprietary rights notices contained in the Service.

Payment Method and Arrangement

For customer: online payment need to be made once requesting for order. Payment will be refunded when job is cancelled by customer or eTRUCX based on T&C. No Cash-on-delivery

For vendor: eTRUCX will bank transfer amount as per vendor invoice to vendor bank accounts in period of every 2 weeks from the date job has been completed

Confidentiality

All information and data relating to or from eTRUCX shall be considered private and confidential. The Users shall maintain in confidence all such information. The Users shall ensure that such confidential information shall only be used in order to perform the Services, and shall not without eTRUCX prior written consent, disclose such information to any third-party nor use it for any other purpose.

However the above obligations of confidentiality shall not apply to the extent if the Users can show that the relevant information:-

  • was at the time of receipt already in the Recipient’s possession;
  • is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
  • was received from a third-party having the right to disclose it; or
  • is required to be disclosed by law.

Personal Data

The Users agree and consent to eTRUCX for using and processing Personal Data for business and activities of eTRUCX which shall include, without limitation the following:-

  • To perform eTRUCX’s obligations in respect of any contract entered into with the Users;
  • To provide the Users with any services pursuant to the Terms and Conditions;
  • To process the Users’ participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with the Users;
  • Process, manage or verify the Users’ application for the Service pursuant to the Terms and Conditions;
  • To validate and/or process payments pursuant to the Terms and Conditions;
  • To develop, enhance and provide what is required pursuant to the Terms and Conditions;
  • To process any refunds, rebates and/or charges pursuant to the Terms and Conditions;
  • To facilitate or enable any checks as may be required pursuant to the Terms and Conditions;
  • To respond to questions, comments and feedback from the Users;
  • To communicate with the Users for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For eTRUCX to comply with its obligations under law;
  • To send the Users alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from eTRUCX, its partners, advertisers and/or sponsors;
  • To notify and invite the Users to events or activities organised by eTRUCX, its partners, advertisers, and/or sponsors;
  • To share the Users’ Personal Data amongst the companies or affiliate within the eTRUCX’s group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the holding company of the group (“the Group”) and with eTRUCX’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with the Users for any reasons whatsoever.

IN THE EVENT any of the Users do not consent to eTRUCX processing of the Personal Data for any of the above mentioned purposes, please notify eTRUCX. It shall be the Users sole responsibility to make sure that all particular and information provided by the Users are accurate and true at all times. By submitting the Users information, the Users consent to the use of that information as set out herewith.

Limitation of Liability

In no event shall eTRUCX and/or its licensors be liable to the Users or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).

eTRUCX and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to the Users or to any person for whom the Users have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the Service, application and/or the software, including but not limited to the use or inability to use the Service, application and/or the software, any reliance placed by the users on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the Users and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if eTRUCX and/or its licensors have been previously advised of the possibility of such damages.

In the event of any claims against eTRUCX by the Users, such claims shall be limited to the aggregate amount of all amounts actually paid by and/or due from the Users in utilising the Service during the event giving rise to such claims.

eTRUCX Services may contain links to third-party websites or services that are not owned or controlled by etrucx.com. eTRUCX have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Users further acknowledge and agree that etrucx.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

Indemnification

By using the Service, the Users agree that the Users shall defend, indemnify and hold eTRUCX, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, 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:-

  1. the Users violation or breach of any term of this Terms and Conditions or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein;
  2. the Users violation of any rights of any third party, including, but not limited to the vehicle that you have control over, other motorists, and pedestrians, as a result of the Users own interaction with any third party;
  3. the Users use (or misuse) of the Mobile Application and/or Software; and
  4. the Users ownership, use or operation of a motor vehicle

Disclaimer

The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by the Users being faulty, not connected, out of range, switched off or not functioning. eTRUCX is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

eTRUCX may or may not be the logistic/transportation provider in all orders. The Software and the Mobile Application are intended to be used for facilitating the Driver and the Customer to contact and match each other for the Driver’s transportation services.

eTRUCX shall not be responsible or liable for the acts and/or omissions of any services provided by the Driver or engaged by the Customer, and for any illegal action committed the Users. The Driver shall not in anyway an employee of eTRUCX, nor an agent to represent or undertake on behalf of eTRUCX.

The Users shall be responsible to check and ensure that the Users download the correct Software. The eTRUCX shall not be liable on non-compatibility of mobile phone/handset.

Impractical Operations

Nothing in this terms and conditions shall require the Driver to perform pick-up or delivery service at any location from or to which it is impracticable, through no fault or neglect of the mover to operate vehicles because of:

  1. The condition of roads, streets, driveways or alleys;
  2. Inadequate loading or unloading facilities; or
  3. Riots, Act of God, the public enemy, the authority of law, strikes or labour unrest the existence of violence, or such possible disturbances as to create reasonable apprehension of danger to person or property.

Transport and Goods Limitation

There are a number of prohibitions for the use of etrucx.com services. The following cases are specifically prohibited:

  1. ABSOLUTELY NO CARRIAGE OF ANY PERSON in cargo compartment for any distance or reason ever;
  2. ABSOLUTELY NO CARRIAGE OF ANY ANIMAL in cargo compartment for any distance or reason ever;
  3. NO Hazardous materials to be carried but is not limited to: explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives;
  4. NO firearms, ammunition or other explosive materials;
  5. NO illegal goods; and
  6. The Drivershall not be required to accept for transportation any truckload shipment which exceeds gazette by Land Public Transport Commission (SPAD) and Road Transport Department (JPJ) weight limit or which occupies more than the full visible capacity of the lorry which is provided or size of lorry that have been booked prior to pick up date even if the lorry provided may be able to carry the excess load.

Appointments/Pickup and Delivery Times

Pick-ups and deliveries shall be made between 0800 and 2200 hrs local time unless special arrangement already been made and agreed upon for timing beyond previously mentioned time. Appointments shall be made at no charge. The Driver shall not be liable for late deliveries or unkept appointments due to circumstances beyond the Driver’s control such as but not limited to weather and traffic conditions, store loading and wait times, customer special requests, and other unexpected barriers to loading or unloading.

Limitations of the Driver’s Liability for Premise Clearance

The Driver shall assumes no responsibility for insuring or otherwise providing for clearance of lorry through or inspection by premise’s management. The Driver is not responsible for the application for entry permit into pickup or delivery premise if the management rule and regulation require entry pass or permit to be applied beforehand. The Driver or party on possession shall not be liable for loss, damage, deterioration of the goods or delay in delivery due to the process for management clearance or inspection.

Pickup and Delivery Service

The rates as expressly stated in eTRUCX shall include pickup or delivery at points within the limits of the cities, towns, villages and other points from and to which rates apply, but each booking will include only one pickup and one delivery.

Waiting Time

The Driver shall allow thirty (30) minute of waiting time both for loading and unloading to begin. Such time shall commence from the time the mover arrived or from the time the mover was requested to wait for loading or unloading to start, whichever is later.

Detention

This clause shall apply when the Driver delayed or detained beyond the free time provided for herein at time of delivery to the customer or at time of pick-up when such delay is not the fault of the Driver.

Unless otherwise agreed, charges for detention will be charged to the customer for both unloading and loading.

When computing time, the beginning time shall be the time the driver notifies the customer of driver’s arrival and that the vehicle is available for loading or unloading, as the case may be, but in no case shall time commence prior to the time of any appointment or the actual time of loading or unloading, whichever comes first.

When computing detention charges, all non-working time shall be excluded. Non-working time includes lunch breaks, coffee breaks, and rest breaks.

Cancellation of Booking

Any cancellation shall be made BEFORE twenty four (24) hours of scheduled pick-up by informing etrucx.com Customer Service or the assigned Driver by call, Whatsapp or SMS.

If the Driver already arrived and discovered, through communication with the customer, that the customer’s items are not eligible for the Services due to not limited to, items under the “Transport and Goods Limitations” list and/or incorrect information provided by the customer that make the moving process unable to proceed.

Notice

eTRUCX may give notice by means of a general notice on the Mobile Application, website, electronic mail to the Users email address in the records of eTRUCX, or by written communication sent by Registered mail or pre-paid post to the Users address in the record of eTRUCX.

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).

The Users may give notice to eTRUCX (such notice shall be deemed given when received by the eTRUCX) by letter sent by courier or registered mail to eTRUCX.

Manpower

One (1) manpower service is included in our prices. Extra manpower services are subjected to availability and additional charge of minimum RM100.00 for each manpower. Any request for additional service such as and not limited to, furniture assembly, packing and wrapping shall follow the standard rate published on the website.

Fines

Customer shall be responsible for payment of or reimbursement to the Driver, for any fines resulting from excess weight or dimension of any shipment that causes the Driver to be in violation of any local, state, or federal law. Fines incurred for equipment defects are the responsibility of the equipment owner.

Passing of Risk

When the goods are transported or moved for the purpose of transportation, any risk (including accidental loss, destruction or deterioration) (“Risk”) shall pass to the Customer as soon as the Driver has delivered the goods to the assigned location.

Return and Refund Policy

eTRUCX does not accept any return of items and will not replace any of the items. eTRUCX will endeavor all reasonable care to ensure that the Services conform with the standard delivery care of any delivery services in Malaysia.

Damaged Goods

It shall be the obligations of the Customer to ensure that the items/goods are packaged and clearly marked any fragile or valuable in a manner adequate to withstand the risk of damage or deterioration while in transportation, loading and unloading. etrucx.com shall not be liable for any loss/damage to these goods arising out of or resulting from the Customer’s failure to perform such obligations.

The Driver shall examine visually for any visible defects of the item prior to the loading of items for transportation, hence eTRUCX will not be liable for any unnoticed defect that is not informed by the Customer.

General Terms and Legislation

This Terms and Conditions shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms and Conditions or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia.

If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Any failure of eTRUCX to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by eTRUCX in writing.

The Terms and Conditions comprises the entire agreement between the Users and eTRUCX and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

eTRUCX reserved the rights to terminate this Terms and conditions at any time by giving three (3) days’ prior notice to the Users without assigning any reasons.

Notwithstanding the generality of the provisions stipulated herein or anything to the contrary, eTRUCX sgall be entitled to terminate this Terms and Conditions immediately in the event that the Users are found to be in breach of any of the terms stipulated herein.