eTRUCX offers a platform and a method for transportation providers, driver and vehicle operators to schedule, obtain and establish contact with potential customers.
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.
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.
By using the Service, the Users expressly represent and confirm:-
The Driver expressly warrant and undertake that:-
The Customer expressly warrant and undertake that:-
The Driver using the Service shall comply with the code of conduct as per below:-
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:-
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
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:-
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:-
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.
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.
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:-
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.
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:
There are a number of prohibitions for the use of etrucx.com services. The following cases are specifically prohibited:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.