The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and NizTheWiz Technology Sdn Bhd (the “Company”) a private limited company existing under the laws of Malaysia. In order to use the Company’s services, you must agree to the terms and conditions that are set out below.
The Company’s “online” (i.e. web and mobile services, which includes websites, mobile applications, however accessed and/or used via personal computers, mobile devices or otherwise) and “offline” (i.e. collection of data through electronic or surface mailings, telephone, or in person) activities owned, operated, provided, or made available by the company. The Company’s “online” and “offline” activities are collectively termed as the “Services”.
By using or receiving any services supplied to you by the Company, you hereby expressly acknowledge and agree to be bound by the terms and conditions of the agreement, and any future amendments and additions to this agreement as published from time to time through the services.
The Company reserves the right to modify the terms and conditions of this agreement or its policies relating to the service or software at any time, effective upon posting of an updated version of this agreement on the service or software. You are responsible for regularly reviewing this agreement. Continued use of the service or software after any such changes shall constitute your consent to such changes.
The Company contracts independent couriers to offer its services, which may be scheduled through use of the software, or service.
The Agreement begins on the date you register to use the Service. In registering to use the Service, you will be provided with an account to enable you to access the Service.
Representations and warranties
The Company’s services are not available to persons under the age of 18. By using the software or services, you represent and warrant that you are at least 18 years old. By using the services, you represent and warrant that you have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this agreement. Your participation in using the services is for your sole, personal use or as an authorized customer representative user.
Unless expressly agreed by the Company, you are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person.
When using the services you agree to comply with all applicable laws of Malaysia. You may only access the services using authorized means.
Termination of access
The Company may, in its sole and absolute discretion, discontinue, suspend or modify your and /or any other user’s access to the Company’s services or any portion thereof at any time with or without notice and/or for any other reason. The Company reserves the right to terminate this agreement should you be using the services with an incompatible or unauthorized manner.
Intellectual property ownership
The company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the services.
The company name, the company logo, and the product names associated with the services are trademarks of the company.
Disclaimer of warranties
The Company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. The Company does not represent or warrant that:
- The use of the services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
- The services will meet your requirements or expectations,
- Any stored data will be accurate or reliable,
- The quality of services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations,
- Errors or defects in the services will be corrected, or
- The service or the server(s) that make the service available are free of viruses or other harmful components.
The services provided to you are strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchant-ability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Company. The Company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software. You acknowledge and agree that the entire risk arising out of your use of the software and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
The Company hereby grants you a non-exclusive, non-transferable, right to use the services, subject to the terms and conditions of this agreement. The Company and its licensors reserve all rights not expressly granted to you. You shall not:
- Reverse engineer or access the services’ software in order to:
- Build competitive services
- Build a product using similar ideas, features, functions or graphics of the service or software, or
- Copy any ideas, features, functions or graphics of the services
- 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 service or software.
- Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- Attempt to gain unauthorized access to the software or service or its related systems or networks.
The Company reserves the right to introduce a fee for the use of the Company’s services. If the Company decided to introduce such fee, the Company shall inform you accordingly and allow you to either continue or terminate the agreement.
The courier service rates may be modified or updated by the Company from time to time. It is your own responsibility to remain informed about the current rates for the courier services.
The Company shall charge you for the courier services provided to you. You agree that you will pay for all courier services made by the Company’s independent courier, and that the Company will charge you for the services (including any taxes and late fees, as applicable), that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees at all times.
The Company uses a third-party payment system (the “Payment System) to link your credit card account to the Company’s Services. The processing of payments or credits, as applicable, will be subject to the terms and conditions as well as privacy policies of the Payment System and your credit card issuer. The Company is not responsible for any errors by the Payment System.
There will be no refund of fees regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Company’s services either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing.
The company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our services, as we deem necessary for our business.
Nothing prevents us from taking any action necessary to recover any unpaid Service Fees. We are entitled without express authorisation from you to recover any and all costs incurred by us in recovering unpaid Service Fees from you, including debt collection costs, commissions, legal fees and any out of pocket expense.
The Company will assess the suitability, legality or ability of any independent courier that offers courier services subjected to Company use. You expressly waive and release the Company from any and all any liability, claims or damages arising from or in any way related to the independent couriers.
You acknowledge and accept that it is your sole responsibility to arrange for any insurance for any loss or damage to the package(s) independently, including any loss or damage arising out of a delay in the collection or delivery of the package(s) or in connection with the storage of the package(s) during transit, and that the Company does not offer any insurance in relation to the loss or damage to your package(s).
The quality of the courier services scheduled through the use of the service or software is entirely the responsibility of the third party provider who ultimately provides such courier services to you. You understand, therefore, that by using the Company’s services, your package(s) may be exposed to situations that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the Company’s services at your own risk.
There shall not be conveyed restricted items such as dangerous, hazardous, combustible, explosive noxious or deleterious materials, gold and silver bullion, coin dust, cyanide or any form of uncoiled gold and silver bullion, platinum and other precious metals, precious and semi-precious stones including commercial carbons or industrial diamonds, jeweler currency (paper or coin) of any nationality, travelers’ cheques, indecent or obscene painting, photograph, lithograph, engraving, book or card or any indecent or obscene article, or any prohibited publications, tapes cinematography films or drugs, poisons items of ultrasonic value, firearms or weapons, people, animals or other living creature of any kind.
You agree to ensure that each package must not weigh more than 30 kilograms.
In the event that any customer should consign such items with the Company, the customer will indemnify the Company from all claims, damages and expenses arising in connection therewith and the Company shall have the right to deal with such items as it shall see fit including the right to abandon package of the same immediately upon the Company having knowledge that such item infringes these conditions, or any acts, rules or regulations prevailing in Malaysia. The Company shall have the right of inspecting the package consigned by its customers to ensure compliance with this clause.
Filing of Claims
Claims not made in writing within 24 hours of scheduled delivery shall be deemed waived by the Company. Within 14 days of you notifying us of your claim, you must send us all information you have to support your claim. You are responsible for proving the actual loss or damage. We are not obligated to act on any claim until you have paid the transportation charges in full, and you must not deduct the amount of your claim from the transportation charges. If the recipient accepts your delivery without noting any damage on the delivery manifest, the Company will assume the package was delivered in mint condition. For the Company to process your claim, you must make ready the original delivery package and its contents available for inspection.
By entering into this agreement and using the software or service, you agree that you shall indemnify and hold the Company, 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:
- Your violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein;
- Your violation of any rights of any third party, including providers of courier services arranged via the Company, or
- Your use or misuse of the Company’s services.
The Company’s services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
The company’s courier services timing may be subject to prevailing weather conditions. Slight delays in pick up and/or delivery timing may occur in the event of poor weather. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Unforeseen Road Conditions
The Company’s courier services timing may be subject to prevailing road conditions. Slight delays in pick up and/or delivery timing may occur during peak periods and eves of public holidays as such due to rush hours. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
General Package Conditions
The Company will not be liable for your acts or omissions including but not limited to improper and/or insufficient packing, securing, marking, indications, and/or addressing of locations or to recipients.
Any disputes, actions, claims or causes of action arising out of or in connection with this agreement or the website or application shall be subject to, governed by and interpreted in accordance with the Laws of Malaysia for every purpose and the parties agree to submit to the jurisdiction of the Malaysian courts. If any of the provisions herein becomes invalid, illegal or unenforceable in any respect under any law, the validity, legality and enforce-ability of the remaining provisions shall not in any way be affected or impaired.
No joint partnership, employment, or business relationship exists between you, the Company or any third party provider as a result of this agreement or use of the Services. If any provision of the agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the applicable laws of Malaysia. The failure of the Company to enforce any right or provision in this agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This agreement comprises the entire agreement between you and the company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.