By accessing or using the Platform, you hereby expressly affirm that:
- you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts;
- you are duly authorized to drive and have a valid license issued by a competent authority for the appropriate category and type of vehicle, when applicable; and
1. OUR SERVICES
The services provided by Lalamove (“Services”) are meant to connect the demanders of transportation and/or logistic services (including but not limited to small businesses, commercial customers and individual customers, collectively “Users”) and Delivery Partners who provide transportation and/or logistic services (“Shipment Delivery”) through the Platform. You acknowledge and agree that Lalamove only provides you and Users with neutral, independent third-party information matching services. The Shipment Delivery provided by Delivery Partners shall not be deemed to be provided by Lalamove. Lalamove is not responsible for the acts and/or omissions of any Delivery Partners, and any liability in relation to the Shipment Delivery shall be borne by Delivery Partners.
2. USE OF THE SOFTWARE
While using the software provided by Lalamove (“Software”) you agree that:
- 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 probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform;
- 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; and
- other than the license to use the Software granted hereof, 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.
3. DELIVERY PARTNER ACCOUNT
In order for you to use the Services, you are required to register for a delivery partner account (“Delivery Partner Account”) with Lalamove. Once your registration is successfully completed with Lalamove, you will be provided with a Delivery Partner Account, accessible with a password of your choice.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services. Lalamove does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Lalamove reserves the right to terminate the use of the Services should you be using the Service in an incompatible or unauthorised device or that the security of your Delivery Partner Account has been compromised in any way or for any reason we may find just.
While using the Services you agree that:
- you shall only access the Services using means explicitly authorized by Lalamove;
- the Platform and Services provided will solely be used by you, for your personal use and will not be resold to any third party;
- you will not authorise others to use your Delivery Partner Account;
- you are only allowed to open a single Delivery Partner Account;
- transferring of your Delivery Partner Account to any other person or legal entity is not permitted;
- you cannot use an account that is subject to any rights of a person other than you without appropriate authorisation;
- the Services cannot be used for unlawful purposes, including but not limited to (i) violation of Applicable Law; (ii) storing or sending any unlawful material; (iii) sharing of sensitive personal information of others, without their consent (iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or harming the proper operation of the Services; (vi) exhibiting the tenor of impersonating another person; or (vii) copying or distributing the Services without the permission of Lalamove;
- your password or any identification credentials that Lalamove provides to you should be secure and confidential;
- proof of identity or other documentations needs to be submitted immediately if requested by Lalamove;
- compliance with all the Applicable Law is a must while using the Services;
- you shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Lalamove reserves the right to bar any such activity;
- you shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;
- you shall not collect or harvest any personally identifiable information, including account names, from the Platform; and
- you shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behaviour that Lalamove deems inappropriate when using the Services.
- you shall be committed to the Community Guidelines. Any violation will be subject to blocking, suspension or termination of your Delivery Partner Account.
- you shall comply with the following additional guidelines in order to be a Delivery Partner of Lalamove:
a) The mobile device used by you to provide Services shall not be the same as a User to accept the Services;
b) Delivery Partner should not have a criminal record;
c) Do not use a device to install the Software or a mobile number to register on the Platform that has already been blocked by any reason;
d) Do not make transactions with Users who do not follow the Platform’s guidelines.
e) Do not make off-platform transactions using Lalamove's name.
f) If there is any problem with the delivery, Lalamove will make two attempts of telephone contact to your mobile number registered by you on the Platform. If we do not hear you back,your account will be temporarily suspended. You will have 3 working days to contact Lalamove for an explanation. Upon expiry of a 3 days period, your account may be blocked.
g) Keep your personal and vehicle records properly updated on the platform.
4. DELIVERY PARTNER WARRANTIES AND REPRESENTATIONS
You, as the Delivery Partner, hereby irrevocably makes the following warranties and representations:
- After obtaining the information of Users and shipments, Delivery Partner shall verify such information by itself. Delivery Partner shall make the decision whether to accept and provide the Shipment Delivery at its own discretion after properly verifying the information obtained;
- Delivery Partner understands and agrees that it is responsible for complying with all delivery schedules established between it and User. Delivery Partner shall make all reasonable efforts to deliver the shipment according to the respective delivery schedules established with User;
- You 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 damage which is due to or is alleged to be a result of the Shipment Delivery provided by you;
- You shall be responsible for the contents of all shipments and all damage or loss to shipments upon taking delivery. Delivery Partner shall take all reasonable precautions to prevent unauthorized persons from having access to the shipment and shall also take all reasonable precautions against loss of or damage to the shipment;
- You shall, at all times while you are providing Shipment Delivery, hold a valid driver’s licence and all other required licences, permits, registrations, approvals and/or authorities required to provide Shipment Delivery within the jurisdiction in which you have been registered by Lalamove to provide Shipment Delivery. In order for Lalamove to comply with any obligations applicable to it, you will, upon request by Lalamove, provide copies in the form required by us of all required licences, permits, registrations, approvals and/or authorities as requested from time to time;
- Aside from the Platform, you shall be responsible for providing all of the equipment necessary to perform the Shipment Deliveries. You shall hold title or otherwise has sufficient rights in the equipment you will use to provide Shipment Delivery. Delivery Partner is solely responsible for maintaining all such equipment and ensuring such equipment complies with all legal, safety and quality standards. Except as otherwise required by Applicable Laws, Delivery Partner assumes all risk of damage or loss to its equipment;
- With the exception of walker service, you shall not use a vehicle other than your registered vehicle to provide Shipment Delivery to Users which must at all times meet all applicable vehicle standards as updated from time to time, including possessing the relevant roadworthiness certification in your jurisdiction. You shall use vehicles in good operating condition and compliant with all Applicable Laws. You shall keep records of all vehicle registrations and inspections and shall provide the latest version of such records upon request;
- You shall at all times comply, at your expense, with your legal obligations in respect of insurance (including but not limited to compulsory third party motor vehicle insurance for any vehicle used to provide Shipment Delivery (if applicable)) and maintain, at your expense, such other policies as someone providing Shipment Delivery would prudently maintain as well as any other minimum insurance cover which Lalamove requests you hold including but not limited to a valid third party motor vehicle insurance policy with provisions to cover commercial usage of the vehicle, and a general liability insurance policy at levels which satisfy:
the minimum requirements that apply to the operation of goods delivery vehicles on public roads in the jurisdiction in which you are registered to provide Shipment Delivery;
any other minimum standards imposed by Lalamove (as notified by Lalamove from time to time).
In order for Lalamove to confirm your ongoing compliance with these requirements, you will, upon request by Lalamove, provide copies of any relevant insurance policies and insurance certificates of currency and or other equivalent proof of insurance. If, at any time, you cease to hold a required insurance policy, you must immediately notify Lalamove of this change in your circumstances and cease providing Shipment Delivery;
- You shall obey all Applicable Laws related to Shipment Delivery and will be solely responsible for any violations of such Applicable Laws. You shall not accept any requests where the nature of delivery is solely the movement of passengers;
- During the course of your work, Lalamove advise you to follow and comply with the following guidelines (“Lalamove Delivery Guidelines”): Community Guidelines
If Delivery Partner fails to comply with any of the above warranties and representations,
Lalamove shall have the right to immediately temporarily lock or permanently deactivate your Delivery Partner Account. Delivery Partner shall bear all damages or losses arising therefrom. Delivery Partner shall also compensate for all losses suffered by Lalamove, its affiliates, its partners and/or any other third party due to Delivery Partner's failure to comply with the above warranties and representations.
Delivery Partner acknowledges that Users – not Lalamove - are responsible for paying all charges and fees associated with the shipment. Once the User and the Delivery Partner have verified that the shipments are completed, the User’s payment account will be charged. Lalamove reserves the right to change its prices charged at any time, at its discretion. Delivery Partner acknowledges and agrees that any payment received by Lalamove is due to the information service provided by the Platform.
Security deposits secures Delivery Partners’ rights. Please refer to our Security Deposit Policy Here. Delivery Partner shall have sole responsibility to familiarize themselves with Security Deposit Policy before paying the security deposit.
As a Delivery Partner, depending on the services requested by our Users, you may be eligible to receive a combination of the fees stated below:
- Base fares - This consists of the distance fare incurred during Shipment Delivery.
- Order subsidies - This consists of the subsidies paid by Lalamove and is included as part of the basic fare, subsidies not limited to peak demand subsidies.
- Lala Coupon - This consists of the amount of promotion applied to a particular order. Promotions are typically given to Users and subsidised by Lalamove.
Fees and other charges
- Priority Fee - This relates to the additional fees a User has committed to pay prior to the Shipment Delivery with an objective to encourage speedy fulfilment.
- Waiting Fee - This relates to the additional fees imposed to a particular order where Deliver Partners were requested by User to wait for goods receival or goods deliveries.
- High demand surcharge - This relates to the additional fees imposed to a particular order to encourage Shipment Delivery under super peak hours. Lalamove retains the discretion to define super peak hours based on operational needs.
- CBD Fee - This relates to the charges incurred when entering designated zones during Shipment Delivery. Lalamove shall retain the discretion to define such zones based on operational needs.
- Minimum surcharge - This relates to the shortfall between the calculated fare and the pre-determined minimum fares.
- Lalamove reserves the right to amend the minimum fares from time to time.
- Toll fees - This refers to the tunnel and toll charges you have incurred during Shipment Delivery. This shall be claimed on an actual cost basis and shall be mutually agreed on with the User.
- Order charges - This relates to other fees and surcharges in relation to the value-added services requested by the User. This category includes items, but not limited to, moving fees, purchase service surcharges etc.
- Sticker retainers - This relates to the amount Lalamove pays you in return of you agreeing to affix our branded stickers onto your vehicle. Sticker dimensions, design and position on vehicle is to be determined by Lalamove. You further agree that you will co-operate with Lalamove's sticker retention check when requested. Failure to comply may lead to sticker retainers being forfeited.
- Driver-refer-user campaign - This is a campaign where you will receive monetary rewards after successful referrals of first-time users into the Lalamove platform. You will be issued a unique promotion code if you opt into this campaign, where you will be encouraged to distribute this code to third parties. In the event where there was a successful redemption of the promotion code to a completed order originating from a new user, you will be rewarded as per the rates defined by Lalamove. Lalamove reserves the right to revoke rewards if we reasonably believe there are attempts to defraud Lalamove through this campaign.
By creating a Delivery Partner Account, you electronically agree to accept and receive communications from Lalamove including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Lalamove. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Lalamove, its affiliated companies and/or third-party contractors, including but not limited to communications concerning orders accepted through your registration with respect to the Services. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Services.
For the mutual benefit of both Lalamove and all Delivery Partners including you, from time to time, Lalamove on your behalf may offer promotions to some or all Users that may have the effect of Users paying you a lower amount than would otherwise have been the case, and where a promotion applies, you agree to provide Shipment Delivery to the Users at the lower amount. Where a promotion applies and where applicable Lalamove will reduce the value of its fees by an amount equal to the value of the promotions.
8. OTHER THIRD PARTY INTERACTIONS
While using or accessing the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Lalamove and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Lalamove has no responsibility or liability arising from any agreements between you and such third party providers.
9. INTELLECTUAL PROPERTY RIGHTS
By providing content, information or materials (“Delivery Partner Content”) to Lalamove, you grant Lalamove a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Delivery Partner Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You acknowledge that Lalamove only acts as a passive channel for the distribution of the Delivery Partner Content and is not responsible or liable to you or to any third party for the content or accuracy of the Delivery Partner Content. Lalamove shall not be continuously monitoring Delivery Partner Content published by you, nor shall Lalamove be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the Delivery Partner Content do not necessarily represent those of Lalamove.
Any use by you of the Delivery Partner Content is entirely at your own risk. You represent and warrant that any Delivery Partner Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep Lalamove, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Lalamove or its affiliated companies related to any Delivery Partner Content posted or transmitted by you or your other use of the website, the Service or the Platform.
Lalamove respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Lalamove or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Lalamove, without any compensation to you; (ii) Lalamove has no obligation to review your submissions; (iii) Lalamove may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Lalamove has no obligation to keep your submissions confidential.
You may use information on the Platform purposely made available by Lalamove for downloading from the Platform, provided that you:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and
- do not make any additional representations or warranties relating to such information.
Delivery Partner further agrees and acknowledges that it will not and cannot hold Lalamove liable for any issues beyond Lalamove’s direct control, including any acts of god, loss of power, disruption of power, shutdown or technical difficulties with the Platform, system maintenance, failure of other cellular reception, failure of other service providers, cancelation of services by other third-parties, pandemic, epidemics, outbreaks, the COVID 19 pandemic, strikes, labor disputes, civil disturbances, hostilities, war, natural disasters, flood, fire, sabotage, accident, loss or destruction of property, intervention by governmental entities, change in laws, regulations or orders, or other events or circumstances or causes beyond Lalamove’s direct control.
The Services are provided “as is” and “as available.” Lalamove makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any Services requested through the use of the Services, or that the Services will be uninterrupted or error-free.
Lalamove does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.
Lalamove does not control, manage or direct any third party providers. Third party providers are not actual agents, apparent agents, ostensible agents, or employees of Lalamove.
Lalamove does not control, endorse or take responsibility for any Delivery Partner Content or third party content available on or linked to by the Services. Lalamove cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.
12. TERMINATION OF SERVICES
Delivery Partner may stop using the Services at any time. Termination or deletion of Delivery Partner Account by Delivery Partner shall comply with the procedure and fulfill the requirements set out in Delivery Partner Offboarding Policy. Delivery Partner shall have sole responsibility to familiarize themselves with Delivery Partner Offboarding Policy before requesting to terminate or delete its account.
14. NO WAIVER
15. GOVERNING LAW
18. LANGUAGE VERSIONS
In case of any discrepancy between the English version and Portuguese language version, the English version prevails.