Lalamove Driver Terms and Conditions and Code of Conduct
TERMS AND CONDITIONS
IMPORTANT – please read these terms carefully. By using this Service, you agree that you have read, understood, accepted and agreed with the Terms and Conditions, the conditions stated in the Driver’s Registration Form and the Driver’s Code of Conduct. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms and Conditions of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Application or Service.
The terms and conditions stated herein (collectively, the “Terms and Conditions” or this “Agreement”) constitute a legal agreement between you and LALAMOVE MALAYSIA SDN BHD (Company No. 1277201-W) (the “Company”). In order to use the Service (each as defined below) you must agree to the Terms and Conditions that are set out below. By using the mobile application supplied to you by the Company (the ”Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms and Conditions, and any future amendments and additions to this Terms and Conditions as published from time to time at http://www.lalamove.com (http://www.lalamove.com) or through the Application.
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE OR ENGAGE IN LOGISTIC SERVICES AND THE COMPANY IS NOT A LOGISTICS PROVIDER. THE SOFTWARE AND THE APPLICATION ARE INTENDED TO BE USED FOR FACILITATING YOU (AS A LOGISTICS PROVIDER) TO OFFER YOUR LOGISTICS SERVICES TO YOUR CLIENT OR CUSTOMER. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY SERVICES YOU PROVIDED TO YOUR PASSENGERS, AND FOR ANY ILLEGAL ACTION COMMITTED BY YOU. YOU SHALL, AT ALL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE AGENT, EMPLOYEE OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU IS NOT, IN ANYWAY, BE DEEMED AS SERVICES OF THE COMPANY.
1. PAYMENT TERMS
Any fees which the Company may charge you 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 usage, our decision to terminate or suspend your usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.
YOU ACKNOWLEDGE THAT THE TOTAL AMOUNT OF FARE PAID TO YOU BY THE CUSTOMER INCLUDES THE SERVICE FEE, WHICH YOU ARE COLLECTING ON BEHALF OF THE COMPANY. SUCH SERVICE FEE MAY BE UP TO 20% OF THE FARE STIPULATED FOR THE SERVICE FOR EACH TIME THE CUSTOMER COMPLETES A DELIVERY, WHICH SHALL BE DETERMINED BY THE COMPANY, AT ITS DISCRETION, FROM TIME TO TIME.
The Company may, at its sole discretion, make promotional offers with different features and different rates to any of the Customers whereby these promotional offers shall accordingly be honored by you. The Company may determine or change the Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business.
Payment by Customer
The Customer may choose to pay for the Service by cash and where available, by credit or debit card (“Card”). In the event that the Customer chooses to pay for the Service by Card, all payments due to you, including tips (where applicable), for the Service will be channeled to you in the agreed quantum.
Any complaints that the Customer shall have regarding the transportation provided by you shall be taken up by the Customer with you directly.
The Company 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 it reasonably believes the Customer to be in breach of the Terms and Conditions between the Customer and the Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
You agree that you will cooperate in relation to any criminal investigation that is required and to assist the Company in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.
2. COMPLIANCE WITH ALL LAWS, REGULATIONS, POLICIES AND GUIDELINES
- You 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 Lalamove (“the Company”) from time to time.
- You are prohibited from taking part in any illegal demonstrations against the Company, being a member of an unregistered association, incite other drivers not to use the Lalamove application (“App”), boycott or threaten to boycott the App or any other acts that may be construed to be against the interest of the Company.
- You agree not to be involved in any activity that may impair or degrade the reputation of the Company and/or causes disruption to the Company’s operation or conspire with other drivers or any third party with the intention to commit the aforesaid acts.
- You are strictly prohibited against committing any acts with the intention to cheat or defraud the Company whether or not via any ‘Promo Code’ which may cause the Company to suffer losses.
- The Company maintains a zero-tolerance policy regarding all infringements and can result in suspension or termination of user access to the Lalamove platform.
PROFESSIONAL AND QUALITY SERVICE
- You shall provide a professional delivery service to all users and ensure that any parcels / goods are delivered in the best condition possible.
- You shall provide a safe transportation to all goods or passengers. The safety of goods or passengers and drivers on the Lalamove platform is of utmost concern.
- The Company does not tolerate any consumption of drug or alcohol by drivers while using the app. This is against the law and a serious violation of the Company‘s safety policy. Furthermore, illegal substances and open containers of alcohol are not permitted in drivers’ vehicles. If a user believes a driver may be under the influence of drugs or alcohol, he or she has the right to refuse delivery and alert email@example.com .
- Your personal safety is a top priority for Lalamove, should there be any delivery requests which appear suspicious, please contact us immediately at firstname.lastname@example.org .
- You are prohibited from having or keeping weapons of any kind or description in your vehicle or on your person for any reason whatsoever.
- The Company takes a serious view on reckless driving which endangers goods onboard, passengers and/or other road users and this includes:-
- driving against the direction
- fails to comply with speed limit
- fails to conform with traffic light
- using your 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
- You are responsible for maintaining your vehicle in a good operating condition, in accordance to the industry safety standards. Drivers should also undergo regular physical health checks as mandated or recommended by local regulations or as and when directed by the Company.
- You shall always be properly and decently attired and exhibit good mannerism as well as communicate to your users and/or senders and/or recipients politely.
- You shall always handle any goods / parcels with care before, during, and after delivery until it is received by the user.
- You are prohibited from driving without any valid license, insurance policy and/or business licenses or permits required to provide transportation for hire.
- We recommend that you always remind passenger to wear a seatbelt (or helmet as the case may be) while riding in your vehicle.
- Avoid violence and aggressive behaviour at all times. With safety and security as its key pillar, the Company does not condone any form of violence or aggression. Drivers must not exhibit aggressive behavior, including getting into verbal disputes with users and/or senders of goods and/or recipients of goods, using vulgarity or insinuation or making threats or physical blows with the user and/or senders of goods and/or recipients of goods. In the event of the situation getting out of hand, never take matters into your own hands or escalate the tension (i.e. harass or make threats whether the ride is ongoing or has ended). Always choose to report the case to the Company as soon as possible. We aim to serve all parties impartially and to take the most appropriate actions to resolve any potential disputes.
- You are strictly forbidden from committing any form of sexual offence, including making lewd comments/ texts, sexual harassment, unwanted physical contact, unlawful restraint, drugging, molestation and rape. These are criminal offences under the law and a serious violation of the Company’s safety policy. Offenders will be prosecuted against the law.
- Bear in mind that harassment differs according to societal and personal norms - commenting on appearance, asking overly personal questions and infringing into personal space are generally deemed inappropriate. We urge you to be mindful of other users’ privacy and personal space. Texting your users and/or recipients and/or senders outside of professional grounds is both a form of harassment and a breach to his or her entitlement to personal security and data protection.
- As a service provider, you are encouraged to provide assistance with the loading and unloading of goods / parcels to the extent of which your personal health and safety is uncompromised.
- As a logistics provider, you are encouraged to provide assistance to handicapped users and/or recipients and/or senders especially when loading or unloading items from your vehicle.
- You shall accede to reasonable requests from your users and/or recipients and/or senders such as reorganising items within your car.
- With regards to visually impaired passengers who are accompanied by their guide dogs, you are encouraged to accept such bookings if it doesn’t offend the tenets of your religion.
- Knowledge of traffic conditions such as road constructions, major accidents or outdoor events which may delay a trip is deemed an advantage in your work and you are encouraged to always be alert to such developments.
- In the event your user and/or recipient and/or sender leaves behind his/her belongings (including cash) in your vehicle, you are required to return the same to the user and/or recipient and/or sender urgently or through the Company’s Customer Service.
- Honour a booking that you bid for. This is very important in building user confidence and encourages more users to use our platform. More users means more jobs for drivers as a whole.
- Do not transfer a job to other drivers. If you are unable to pick up an order due to an emergency, please call the user immediately before cancelling the booking. You are strongly encouraged not to cancel jobs except in an emergency (e.g. car breakdown)
- Wait for your user and/or recipient and/or sender at the pick-up point. Driving off without waiting for them provides a very negative experience for the user. Please call the user and/or recipient and/or sender after waiting for 15 minutes to confirm if they still require the service. Please inform the user and/or recipient and/or sender and our Customer Service if you are unable to wait further.
- You shall not refuse to provide services based on a person’s race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under law. This type of behavior can result in termination of user access to the lalamove platform. It is disrespectful to make derogatory or discriminatory remarks about a person or group whether or not the user and/or recipient and/or sender belongs to the group. Violation of this will result in severe penalties in accordance to associated policies.
- Do not set your own fares (e.g. charge per trip) as this may be considered as overcharging. Collect the correct fare according to the agreed price and other charges as set by your respective companies, or the platform.
- Do not solicit user and/or recipient and/or sender to make personal or extra booking arrangements. This goes against our principle of assigning the nearest vehicle to the user and/or recipient and/or sender. You are also depriving your user and/or recipient and/or sender from getting a vehicle in the most efficient way.
- Do not recommend other on-demand logistics / delivery apps to your user and/or recipient and/or sender. This practice is unprofessional to users.
- Users appreciate honesty on the part of drivers. Hence, you shall provide your service that is based on this principle and acts of cheating such as failing to give or giving less balance than what a user and/or recipient and/or sender or taking a longer route than necessary (unless there is a valid reason for it or specifically requested by the user and/or recipient and/or sender) is prohibited.
3. EMERGENCY PROCEDURE
- Relay emergency information to the Company promptly. We want to help in all matters.
- If at any time you feel that you are faced with a situation that requires immediate emergency attention, please call the emergency service number in your area. Once all parties are safe and the situation has been handled by the authorities, please then notify the Company. We will assist and take appropriate action as needed, including cooperating with law enforcement.
4. CONTINUING TRAINING AND IMPROVEMENT
- Be open to feedback and further training. At the Company, we are committed to continual improvement to service standards.
- We implement a two-way user and driver feedback system, as well as mystery user audit system. We also enforce continual evaluation of a driver’s suitability and performance, and feedback accordingly. In most cases, we aim to work together with the driver via feedback sessions, training events, workshops and audits etc. Results from these efforts depend on receptivity of the driver.
- You are required to attend the training sessions that are arranged by the Company or its agents unless you you an emergency or due to other unavoidable reasons. In such situations, replacement sessions may be arranged at a later date.
By acknowledging, I declare that:
- I am in full understanding of all clauses stated in the above Driver’s Code of Conduct (dated 18 April 2019).
- I will be solely responsible for any and all liability, which results or is alleged as a result of the operation of my motor vehicle/goods vehicle and/or goods/parcel delivery service, including, but not limited to personal injuries, death and property damages.
- I also stand culpable for damages sustained by the Company if I am found to have contravened any of the clauses in the Driver’s Code of Conduct.
- I understand and agree that Company has the right to take such appropriate actions against me, including suspending or terminating my access to the Lalamove application in the event where I breach any of the clauses of this Driver’s Code of Conduct (dated 18 April 2019).
Lalamove Rider/Driver Penalty Policies*
This penalty policy is applicable to all Lalamove riders and drivers who are performing trips using the Lalamove platform. The purpose of this policy is not to unnecessarily penalize riders or drivers, but to ensure all parties have a good experience.
Scheduled Orders: Driver’s who cancel orders <3 hours before a scheduled order will be suspended for 3 days.
On-Demand Orders: Driver’s who cancel on-demand orders will be given 3-strikes for every 50 orders they take. After the 3rd strike the driver will be suspended for 3 days.
2. No Show
Driver’s who are a no-show without informing Customer Service will be immediately suspended for a 5 day period.
3. Damaged Goods
Damaged goods will be monitored on a case to case basis. In the event that the good damaged was due to driver negligence and deliberate carelessness, a maximum of 20% of the total fare will be taken from the fare to subsidize the cost of damage.
4. Stolen Items
A police report will be filed and drivers will be banned. Any remaining money in the driver wallet will be forfeit. There is zero tolerance for stolen goods.
5. Late Pick Up for Scheduled Order
Any scheduled order later than 30 minutes must be reported to CS. Driver’s who are late in delivering goods without notifying CS will be suspended for 1 day(s).
6. Customer no show
Deliveries that are failed to be delivered due to customer error must be reported to CS immediately. CS will ensure you get payment while at the same time, ensure that the customer is aware that the order has been delivered. Failure to inform CS may result in suspension.
*Lalamove Gold Driver’s are given special privileges when it comes to penalty policies and are able to request for a wider review. Lalamove reserves the right to make changes to these policies without prior notice.
Lalamove Malaysia Sdn Bhd, Suite 4.02, Wisma Ali Bawal 1, 11 Jalan Tandang, 46050 Petaling Jaya, Selangor