In these Terms and Conditions unless the context otherwise requires the following expressions shall have the following meanings:
`“Lalamove” means Lalamove Malaysia Sdn Bhd, a company incorporated in Malaysia with its registered office at Suite 4.02, 4th Floor, Wisma Ali Bawal 1, 11 Jalan Tandang, 46050, Selangor Darul Ehsan.
“Participating vehicles” means the vehicles which have agreed with Lalamove to accept bookings from you through the Services;
“Services” means the services as set out in paragraph 3(1);
“Software” means the Lalamove program to which these Terms and Conditions are related;
“Terms and Conditions” means these terms and conditions as amended from time to time pursuant to paragraph 8.1.
“Advertisement” means the promotion messages appear on your mobile device during the operation of the Software.
These Terms and Conditions set out the entire agreement and understanding between Lalamove and you on the use of the Software and the Services.
Words denoting the singular number only shall include the plural and the masculine gender shall include the feminine and neuter and vice versa.
Unless the context otherwise requires, reference to any paragraph is to the paragraph of these Terms and Conditions.
Licence of the Software
You are permitted to install a copy of the Software on your mobile device for your use provided that you shall not use the Software or the Services for any commercial purposes.
You are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties.
You shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software.
You shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software.
You shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes.
You shall not install and/or execute the Software on any device other than the mobile device running the operating systems approved by Lalamove.
Other than the license to use the Software granted in paragraph 2(1), no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Lalamove and its suppliers.
The Services provided by Lalamove are to distribute your details and details of your proposed journey by vehicles submitted to Lalamove through the Software to participating vehicles for their acceptance and to provide you with other information on the relevant Participating vehicles, the journey and on your use of the Services.
You agree and acknowledge that Lalamove is not your agent or the agent of Participating vehicles and is not a party to the contract for the hiring of the Participating vehicles.
You shall safeguard any login name and password Lalamove may provide to you in relation to the Software and the Services and shall not disclose them to third parties; and
Lalamove shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.
Payments on the Service
Payment amounts quoted are in Malaysia currency and include Malaysian Sales and Services Tax (SST), where applicable.
Lalamove has the absolute right to revise the prices of any fees without giving prior notice.
Lalamove has the absolute right to revise the prices of any credit packages or credit amount/limits where applicable without giving prior notice.
Any application/request for service is subjected to availability of resources. In the event any application submitted is not processed, Lalamove shall inform the User by email at the email address specified by the User.
Lalamove shall process the application/request for top-up only after the User's Payment is cleared by the bank appointed by Lalamove and upon approval by Lalamove.
Lalamove reserves the right to refund to the User the equivalent sum of amount paid in the event Lalamove for any reason is unable to process the application/request of Packages/Fees.
Credits sold are not exchangeable, returnable nor refundable.
Receipt is issued to the User when the Payment is successful. However, in the event that the Payment is not cleared by the bank, the receipt will be considered void.
Links and Advertisements
Lalamove is not liable for the contents and the accuracy of the Advertisements.
Lalamove shall not be liable for your transactions with the advertisers of the Advertisements.
The Software is delivered to you on an “as is” basis and although Lalamove has used its best endeavors to ensure that the Software will work properly on your mobile device, Lalamove does not warrant the performance of the Software nor the compatibility of the Software with your mobile device.
Lalamove does not warrant the availability of the Services, the availability of vehicles through the use of the Services, the accuracy of the data or information provided as part of the Services or the quality of the services of the Participating vehicles.
Lalamove shall not be liable to you for any damages, claims or costs whatsoever including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device as a result of your use of the Services or your installation and / or execution of the Software even if Lalamove or its representative has been advised of the possibility of such loss, damage or claim.
Lalamove shall not be liable for any loss or damages, including any injury which you may suffer as a result of your vehicles journey in a Participating Vehicles hired through the Services and all your rights in relation thereto and in relation to the contract for hire between you and the relevant Participating vehicles shall be a matter between you and the relevant Participating vehicles.
The foregoing limitations and exclusions apply to the extent permitted by law.
The User warrants that he/she is either the Owner or the authorized representative of the Owner of the Goods, and is authorised to accept and is accepting these Conditions of Carriage for itself and as representative for and on behalf of the Owner of the Goods.
The User represents and warrants that he/she is complying with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the Goods and that the Goods are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.
Personal Data and Privacy
You may be required to submit personal information to Lalamove in order to use certain function of the Software.
You agree that Lalamove can use your personal data (namely your name and contact number) as provided by you to Lalamove from time to time when you use the Software for the purpose of providing the Services.
You agree that Lalamove is entitled to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when Lalamove provides the Services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
You further expressly consent that Lalamove is entitled to transfer your personal data to the Participating vehicles as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles when Lalamove provides the Services to you.
Lalamove may from time to time amend the terms of these Terms and Conditions by “www.Lalamove.com” and such shall be binding on you upon posting.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
You submit to the non-exclusive jurisdiction of the courts of Malaysia.
Lalamove reserves the right to change the above Terms and Conditions at any time without prior notice.
Rules of usage
You shall not use the Software for or to promote any illegal acts.
You shall not use the Software to produce any email advertisements or spam emails.
You shall not use the Software in any way to track, stalk, harass or hurt any person.
You shall not in any way interrupt/destroy the operation of the Software or the servers/network that linked with the Software; Nor violate the network requirements, process, or terms and conditions that were mentioned when using the Software.
You shall not use the Software in another person’s name.
Lalamove's promotions are introduced from time to time. All promotions provided are subject to the prevailing regulatory requirements. Lalamove reserves the right to revise, suspend or terminate these requirements or Terms and Conditions at any time and Lalamove may withdraw the offer at its discretion without prior notice.