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EASY PLANET LIMITED, nit 1605, 16/F., Westin Centre, 26 Hung To Road, Kwun Tong, Kowloon, Hong Kong owns and operates the App on Apple and Andriod platforms known as “ezyCourier” (“App”)

The use of the App is governed by the terms and conditions herein.

1. Definitions and Applicability of Terms

1.1 In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings respectively:

'Charges' means the fee payable by the Customer to the Courier for each Delivery;

'Conditions' means these ezyCourier Terms and Conditions, including the Conditions of Carriage;

'Conditions of Carriage' means terms and conditions means which appears as the Schedule to these ezyCourier Terms and Conditions on which every Customer and every Courier shall be deemed to have adopted as the terms and conditions for their Contract;

'Contract' means the contract between the Customer and the Courier that is entered into for each and every Delivery of a Parcel that incorporates the Conditions of Carriage.

'Courier' means a person who is:

a) registered with ezyCourier as individual who is willing, for the payment of the Charges, make Delivery; and

b) agrees to abide by and adhere to the Conditions;

'Courier Account' means an account with ezyCourier opened by a Courier and used in order to access information such as amounts earned, Contracts on offer, etc;

'Customer' means a person who is:

a) registered with ezyCourier as individual who is willing to enter into a Contract for the Delivery by a Courier, a Parcel; and

b) agrees to abide by and adhere to the Conditions;

'Customer Account' means an account with ezyCourier opened by a Customer and used in order to access the services offered by the Couriers;

'Delivery' means the delivery of a Parcel in discharge of a Contract from the point of collection or drop-off with the Courier of the Parcel by the Customer, to the point of destination of the Parcel;

'ezyCourier' means EASY PLANET LIMITED, Unit 3108, 31/F Eight Comm Tower, 8 Sun Yip St Chaiwan, Hong Kong, the company maintaining the Website and the App that forms the channel on which the Courier Services are offered and accepted; and

'User Account' means either a Customer Account, Courier Account or both.

1.2 In these ezyCourier Terms and Conditions, unless there is something in the subject or context which requires otherwise, or unless it is otherwise expressly provided:

(a) the Appendices and Schedules to this Agreement shall be taken, read and construed as essential parts of this Agreement but the headings and recitals in this Agreement are inserted for convenience only and shall not be taken read and construed as essential parts of this Agreement;

(b) words importing the singular include the plural and vice versa;

(c) words importing a gender include any gender;

(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;

(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and any Governmental Agency;

(f) a reference to a part, clause, exhibit, annexure, appendix or schedule is a reference to a part or clause of, and a party, exhibit, annexure, appendix and schedule to this Agreement;

(g) a reference to any statute, regulation proclamation, ordinance or by-law includes all statutes, regulations, proclamation, ordinances or by-laws amending, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;

(h) a reference to a document includes an amendment or supplement to, or replacement or novation of, that document;

(i) a reference to a party to any document includes that party’s successors and permitted assigns;

(j) a reference to an agreement includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;

(k) a reference to an asset includes all property of any nature, including, but not limited to, a business, and all rights, revenues and benefits;

(l) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of this agreement or any part of it;

(m) reference to a time and date concerning the performance of any obligation by a party is reference to the time and date in Malaysia;

(n) words denoting an obligation on a person or party to do any act matter or thing include an obligation to procure that it be done and words placing a person or party under a restriction include an obligation not to permit an infringement of the restriction;

(o) the words “hereof”, “herein”, “hereon”, “hereinafter” and “hereunder”, and words of similar import, when used in thus Agreement, shall, where the context requires or allows, refer to this Agreement as a whole and not to any particular provisions of this Agreement;

(p) where an act is required to be done within a specified number of days after or from a specified date, the period is inclusive of and begins to rum from the date do specified; and

(q) where two or more persons or parties are included or comprised in any expression, agreements, covenants, terms, stipulations and undertakings expressed to be made to mush persons or parties shall be enforceable by them jointly and severally and agreements, covenants, terms, stipulations and undertakings expressed to be made by or on the part of such persons or parties shall be deemed to be made by and binding upon such persons or parties jointly and severally. “Persons” shall have the same definition as “persons” under the Companies Act, 1965.

1.3 These terms apply to any use of the App by any Customer, Courier or any person using the Website or the App. No access any services offered by EzyCourier will be permitted unless the Conditions are accepted in full. No Customer or Courier is entitled to accept part only of the Conditions. All Customers and Couriers agree to comply with the terms of the Conditions of Carriage that appears as the Schedule and accept that their personal data may be processed in accordance with the Personal Data Protection Act, 2010. If any Customer or Courier fails to comply with any of the Conditions, EzyCourier reserves the right to withdraw his account and suspend or withdraw all Services to that Customer or Courier without notice.

1.4 ezyCourier reserves the right to modify the Conditions at any time. In addition, ezyCourier may vary or amend the Services provided through the Site, the Site functionality and/ or the, “look and feel”, of the Site at any time without notice and without liability to any Customer or Courier. All Customers or Couriers will be deemed to have accepted any varied Conditions in the event that they use any Services offered through the Site following publication of the varied Conditions. Changes will not apply to any bookings which have been made prior to publication of the varied Conditions.
2. The Services
User Accounts

2.1 In order to use the Services offered by ezyCourier:

(a) each Customer or Courier must create a User Account and agree to provide any personal information requested by ezyCourier. In particular, Customer or Couriers will be required to provide their full names, age, title, valid telephone number and email address. Use of the Site is limited to those over the age of 18 at the time of registration; and

(b) Customers or Couriers agree and accept that all of the information they provide to ezyCourier when setting up their User Account and at any other time will be true, complete and accurate in all respects. Customer or Couriers also agree that any information supplied to ezyCourier will be true accurate and complete.

ezyCourier will not be liable to any Customer or Courier in the event that any information provided by a Customer or Courier (including for the avoidance of doubt another Customer or Courier) is incomplete, inaccurate, misleading or fraudulent. Unless expressly agreed by ezyCourier each Customer or Couriers is limited to one User Account per Customer or Courier. No User Account may be created on behalf of or in order to impersonate another person.

Role of EzyCourier: Scope of Services

2.2 The scope of the Services offered by ezyCourier is as follows:

(a) ezyCourier shall provide a platform to for a Customer who has a Delivery of a Parcel, to identify, select, negotiate with and agree to a Contract with a Courier willing to perform the Delivery for an agreed Fee; and

(b) ezyCourier may provide a payment platform whereby Fees are collected from Customers and paid to Couriers.

2.3 All Contracts are strictly between the Customer and the Courier. ezyCourier shall bear no responsibility for any Contract nor is it a party to the Contract. ezyCourier is not liable in respect of any breach of any Contract between Customer or Courier, or breach by a Customer or Courier of these Conditions. ezyCourier is not and will not act as an agent for any Customer or Courier. ezyCourier will not contact either party and will take no steps whatsoever to manage the Contract. ezyCourier reserves the right to change any aspect of the App or the Service which may include adding new services (which may require payment), changes of withdrawal of any part of the Services.

2.4 All collection points and destinations for each Contract must be pre-agreed through the App in advance. Couriers may not collect any Parcels from any location which has not been pre-agreed with the Customer through the App.

2.5 Any breach of these Conditions will give rise to immediate suspension of a Customer or Courier’s User Account and they may be restricted from accessing any further Services.
3. Obligations of Customer and Courier
3.1 All Customers using the Services provided by ezyCourier agree that:

(a) all Contracts entered into with any Courier shall be governed by the Conditions of Carriage which appears as the Schedule to these ezyCourier Terms and Conditions;

(b) they will provide accurate information to Courier as to the nature of the Parcel, pick-up point, time and date of pick-up, destination and any other special instruction;

(c) pay the agreed Fee to the Courier directly or through ezyCourier prior to the collection of the Parcel by the Courier;

(d) inform the Courier immediately of any changes to the Contract. If such changes result in any increase in the Fee payable by the Customer, the Customer shall make such additional payment without delay; and

(e) the services rendered by the Courier shall not include the carriage of any person.

3.2 All Couriers using the Services provided by ezyCourier agree to that:

(a) all Contracts entered into with any Customer shall be governed by the Conditions of Carriage which appears as the Schedule to these ezyCourier Terms and Conditions;

(b) they will present themselves on time and at the place agreed with the Customer to collect the Parcel; and

(d) inform the Customer immediately of any changes to the Contract, including any unavoidable delays in making the Delivery. 
4. Insurance
4.1 Although ezyCourier shall bear no responsibility whatsoever in relation to or anything arising from any Contract, ezyCourier may offer insurance services against any loss of any Parcel to Customers, subject to terms and conditions to be stipulated in relation to such insurance offered.

5. Payment & Commissions
5.1 For every delivery of each parcel, ezyCourier shall be entitled to a commission of #% of the fees.

5.2 ezyCourier may provide one of two means of payment:

a) EzyCourier may collect up-front from Customers as moneys placed on account pre-payment sums that shall be deducted as fees payable to Courier for the performance of any Contract. Where such upfront sums are deducted in this manner, the fee payable to the Courier for the Delivery shall be credited to the account of the Courier by ezyCourier after deduction of other costs or commissions; or

b) each Customer shall pay the Courier the fee for the delivery upon collection of a parcel. The commission payable to ezyCourier shall be remitted by the Courier to ezyCourier through his User Account no later than the end of each work week. 
6. Disputes
6.1 ezyCourier shall provide its Customer and Couriers with an online service for resolving disputes. This service is non-binding. ezyCourier is under no obligation to seek to resolve disputes and this service is offered at ezyCourier’s sole discretion and may be withdrawn at any time.

6.2 If any dispute is not settled, ezyCourier reserves the right to retain any sums paid by the Customer (if any) until an amicable agreement has been reached between the Customer and the Courier or a definitive judicial decision has been made.

7. Verification
7.1 In order to increase trustworthiness, prevent typos and wrong numbers, any Customer or Courier can verify their mobile number. The Customer or Courier may do this by providing ezyCourier with their mobile phone number, after which the Customer or Courier will receive a SMS with a 4-digit code which can be validated on the Site. This service is free of charge, except for the possible cost levied by a Customer or Courier’s mobile phone operator for receiving the SMS.

8. Liability
8.1 ezyCourier is not a party to any Contract between a Customer and Courier and will not be liable to either party unless the loss or damage incurred arises due to ezyCourier’s negligence.

8.2 ezyCourier shall not be liable for any loss or damage arising as a result of:

a) any inaccurate or incomplete information being provided by a Customer or Courier;

b) the cancellation of a Contract by either a Customer or Courier;

c) failure to pay the Fee for a Contract; or

d) any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Conditions by a Customer or Courier before, during or after a Delivery.

8.3 ezyCourier will not be liable to any Customer or Courier for any business, financial or economic loss or for any consequential or indirect loss such as lost reputation, lost bargain, lost profit, lost of anticipated savings or lost opportunity arising as a result of the Services provided by ezyCourier (whether suffered or incurred as a result of the ezyCourier’s negligence or otherwise) except in the case of fraud, wilful concealment or theft.

8.4 ezyCourier will not bear any responsibility whatsoever for the accuracy, truthfulness or completeness of any information placed with them by any Customer or Courier, nor bear any, responsibility, liability, culpability for any acts, omissions, negligence or any Customer or Courier arising out of or in reliance of any such information.

9. Removal of User Accounts
9.1 ezyCourier reserves the full and unfettered discretion to remove the User Account of any Customer or Courier without notice if any Customer or Courier should breach any of the ezyCourier Terms and Conditions, or the Conditions of Carriage.

10. Intellectual Property
10.1 ezyCourier reserves all of its rights in relation to its copyright whether owned or licensed to it. All rights are reserved in relation to any registered and unregistered trademarks (whether owned or licensed to ezyCourier) which appear on the App.

10.2 The App or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of ezyCourier. No party is entitled to systematically extract and/or re-utilise parts of the contents of the App without the express written consent of EzyCourier. In particular, the use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the App is strictly prohibited.

11. Indemnity
11.1 Customers and Couriers using the App are prohibited from to publishing any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (e.g. copyright). Any such content is contrary to EzyCourier’s policy and EzyCourier does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify ezyCourier in relation to any liability it may suffer as a result of any such content. However as soon as ezyCourier becomes aware of infringing content, ezyCourier shall do everything it can to remove such content from the App as soon as possible.

12. Variation of Terms and Conditions
12.1 ezyCourier shall have the sole and unfettered discretion to amend any of the ezyCourier Terms and Conditions and the Conditions herein without prior notice to any other party, including Customers and Couriers. Such amendments shall be effective form the date of publication of the amended terms on the App.

13. Law & Jurisdiction
13.1 These terms shall be governed by the law of Malaysia and any disputes arising in relation to these terms shall be subject to the jurisdiction of the Courts of Malaysia. 
Schedule to the ezyCourier Terms and Conditions
Conditions of Carriage
1. DEFINITIONS
1.1 In these Conditions:
 

'App' means the ezyCourier App for Apple and Andriod platforms developed and released by EASY PLANET LIMITED, Unit 3108, 31/F Eight Comm Tower, 8 Sun Yip St Chaiwan, Hong Kong.
'Authorised Person' means:
(a) the Recipient; or 
(b) any person nominated by the Recipient or the Customer to the Courier as an authorised person; or 
(c) a neighbour of the Recipient; or 
(d) the operator of a Parcel Connect Outlet; 
'Contract' means the contract for Delivery between the Courier and the Customer;

'Courier' means the person registered as a courier with ezyCourier who contracts with the Customer to perform the Delivery;

'Customer' means the person who contracts with the Courier for the performance of Delivery;

'Dangerous Goods' means any volatile spirits, explosive materials or other items which are or may become dangerous or inflammable and any goods that are defined as dangerous goods under any transportation law or regulation;

'Delay' means failure by the Courier to deliver a Parcel or any part thereof within three (3) days of the agreed delivery date;

'Delivery' means the carriage and delivery services provided by the Courier;

'Delivery Address' means the Parcel delivery address provided by the Customer to the Courier;

'Parcel' means the item(s), parcel(s) or goods in respect of which the Customer requires the Delivery;

'Recipient'means the person to whom the Courier has been contracted to deliver the Parcel to;

'Recipient Information' means the following information that must be provided by the Customer to the Courier for purposes of the performance of the Contract:

a) the name of the Recipient;
b) the Delivery Address; and
c) if the Delivery Address is a residential address, additionally the Recipient’s mobile telephone number or in the event that the Recipient does not have a mobile telephone number, a daytime fixed line telephone number or the Recipient’s e-mail address; or 
d) if the Recipient is a registered company that operates from a residential address, the mobile telephone number of an authorised representative of the company or in the event such person does not have a mobile telephone number, a daytime fixed line telephone number or an e-mail address; and

'Reverse Pickup' means that a Parcel is collected by a Courier from an address other than the Customer’s address and is delivered to the Customer or to some other address provided by the Customer.

1.2 Words denoting (a) the singular shall include the plural and vice versa; (b) any gender shall include the other genders; and references to a “person” shall include an individual, body corporate (wherever incorporated), unincorporated association or partnership.

1.3 The expressions Courier, Customer and Recipient shall include those parties’ principals, agents, servants and employees.

2. APPLICATION OF CONDITIONS
2.1 These Conditions form part of the Contract which together constitutes the whole agreement between the Customer and the Courier.

2.2 The Customer and the Courier each acknowledges that, in entering into a Contract, neither the Customer nor the Courier relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions. 
3. NOT A COMMON COURIER
3.1 The Courier is not a common courier and accepts no liability as such and may at his own discretion:

(a) refuse Delivery of any item;
(b) refuse to provide any of the Delivery (notwithstanding that provision of Delivery may have commenced); or
(c) open any document, envelope, package or other container in which goods are placed or packaged in order to inspect the Parcel to determine the nature or condition of the goods or to ascertain the ownership or destination of the Parcel where any consignment note or identifying document or mark is lost, damaged or destroyed.

4. WARRANTIES
4.1 The Customer warrants that:

4.1.1 the Recipient Information is correct;

4.1.2 he is authorised by the Recipient to provide the Recipient Information;

4.1.3 he contracts as:

(i) the legal owner of the goods for Parcel; 
(ii) the authorised agent of such legal owner in which case the Customer warrants that he has the authority to accept these Conditions on behalf of the legal owner; or
(iii) a courier who has contracted with the legal owner of the goods for Parcel or his authorised agent to provide carriage services in respect of the goods for Parcel;

4.1.4 the goods are packed in a manner adequate to withstand the ordinary risks associated with the Delivery having regard to the nature of the goods;

4.1.5 the Parcel will be available for collection by the Courier on the date and at the time specified by the Customer;

4.1.6 that he has complied with all laws and regulations relating to the packaging and labelling of the goods and that the markings and brandings of the goods and the descriptions, value and other particulars furnished to the Courier are accurate in all material respects;

4.1.7 any person who is not the Customer and who delivers a Parcel to the Courier (or to a Parcel Connect Outlet) is acting as his servant or agent and is duly authorised to sign any consignment note and to accept these Conditions on behalf of the Customer;

4.1.8 he has not tendered for carriage or storage any Dangerous Goods other than in accordance with clause 13.1; and

4.1.9 he has not tendered for carriage or storage any fragile goods other than in accordance with clause 13.2.

4.2 In the event of a breach by the Customer of any warranty under condition 4.1 the Courier may at his discretion and without prejudice to any other right or remedy he may have for breach of warranty or contract or otherwise under these Conditions:

(a) cancel the Contract (and for the avoidance of doubt, the Customer will not be entitled to a refund); or 
(b) accept the goods or Parcel for carriage at Customer’s Risk.
5. COURIER’S RESPONSIBILITY
The Customer hereby acknowledges and consents that:

5.1 the Courier’s responsibility for the Parcel shall commence when:

(a) the Courier takes physical control of the Parcel from the Customer; 
(b) the Courier takes physical control of the Parcel from the Recipient (in the event that the Customer provides a return service and the Parcel is being returned by the Recipient); or 
(c) the Parcel is left by the Customer at the premises of the Courier;

5.2 the Courier’s responsibility for the Parcel shall, subject to the following provisions of this condition 5, end when:

(a) the Courier relinquishes physical control of the Parcel at the Delivery Address (and in the event that the Contract is made subject to Proof of Delivery, the Courier shall obtain such Proof);
(b) the Courier relinquishes physical control of the Parcel to the Customer (in the event that the Customer provides a return service and the Parcel is being returned by the Recipient); or

5.3 if the Delivery Address is unattended and the Contract is made subject to Proof of Delivery the Courier may leave the Parcel with a neighbour of the Recipient subject that the Courier shall obtain Proof of Delivery and the COURIERs responsibility for the Parcel shall thereby end. If the neighbouring address is unattended, the Courier shall leave a calling card at the Delivery Address and do the things specified under clauses 5.4 (c);

5.4 if the Delivery Address is unattended and the Contract is not subject to Proof of Delivery the Courier may at his discretion do any of the following:

(a) leave the Parcel at a safe location at the Delivery Address. For the avoidance of doubt, a safe location is a location that in the reasonable opinion of the Courier is:

(i) clean and dry;
(ii) not exposed to the elements or pets; and
(iii) not in view of the general public,

and the Courier shall notify the Recipient by calling card and/or letter, telephone, text message, fax or e-mail of the delivery and safe location of the Parcel and the COURIERs responsibility for the Parcel shall thereby end; or

(b) leave the Parcel with a neighbour subject that the Courier shall notify the Recipient by calling card and/or letter, telephone, text message, fax or e-mail of the delivery and safe location of the Parcel and the Courier’s responsibility for the Parcel shall thereby end; or

(c) store the Parcel at Owner’s Risk and:

(i) the Customer shall pay on demand to the Courier all costs and expenses incurred in relation to such storage; and
(ii) the Courier may thereafter deliver the Parcel to the Customer from the place of storage at the Customer's further expense subject only that the Courier shall notify the Recipient and/or the Customer by calling card, letter, telephone, text message, fax or e-mail of the availability of the Parcel. For the avoidance of doubt, the COURIERs responsibility for the Parcel shall end on such notification;

5.5 if it has been agreed that the Recipient will collect the Parcel from the Courier’s premises, the Courier may release the Parcel to any person who presents himself to the Courier as the Recipient or his agent or servant and the Courier shall be deemed to have delivered the Parcel in accordance with these Conditions if the Courier obtains from that person Proof of Delivery;

5.6 if the Courier is prevented from making delivery at the Nominated Delivery Address as a consequence of the absence of a safe and/or adequate access (in the reasonable opinion of the Courier), the terms of conditions 5.4 (b) or 5.4 (c) (subject that the Courier shall obtain Proof of Delivery where the Contract is made subject to same);

5.7 at any time during the term of the Contract the Customer may request or the Courier may recommend variations to the Service and/or variations to any other matters covered by the Contract. The Courier shall investigate the likely impact of any such requested or recommended variations upon the Service, the charge for the Service and other aspects of the Contract and shall report promptly to the Customer. The Courier shall not be obliged to agree to any requested or recommended variation and the manner of the provision of the Delivery shall be at the Courier’ sole discretion;

5.8 delivery times are given by the Courier in good faith but are an estimate only and time of delivery of the Parcel is not of the essence of the Contract;

5.9 the Courier shall not deliver any Parcel subject to Payment on Delivery unless such Payment has been received by the Courier. The Courier shall not be obliged to inspect or verify the Payment and shall not be liable to the Customer or any other person for any direct, indirect or consequential loss arising or damages suffered in connection therewith. The Payment is not covered by the Courier’s policy of insurance and shall be held by the Courier at Owners’ Risk. For the avoidance of doubt, the Payment must be available for collection by the Courier at the time of delivery failing which the Courier shall not be obliged to deliver the Parcel;

5.10 the Courier’s liability is limited in accordance with condition 7; and

5.11 the Courier shall not be obliged to perform any Contract in respect of which the Recipient Information or any part thereof is incorrect.
6. LIABILITY FOR LOSS, DAMAGE OR DELAY
6.1 Subject to condition 6.2 the Courier shall be liable (whether such liability arises in contract, tort (including negligence), and breach of statutory duty or otherwise) for:

(a) any loss of or damage to the goods in a Parcel occurring whilst the Courier has responsibility for the Parcel;
(b) delay in the carriage of any Parcel arising from the negligence of the Courier.

6.2 The Courier’s liability is restricted to the financial limits imposed under condition 7 of these Conditions unless otherwise agreed in writing between the contracting parties prior to the transit commencing.

6.3 Subject to condition 6.4, the Courier shall not be liable for losses that result from any failure to comply with these Conditions that fall into the following categories:

(a) loss of income or revenue;
(b) loss of business; 
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.

6.4 Nothing in these Conditions shall exclude or limit the Courier’s liability for:

(a) death or personal injury caused by his negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal for the Courier to exclude or attempt to exclude liability.

7. LIMITATION OF LIABILITY OF COURIER
7.1 The liability of the Courier is limited in accordance with this condition 7.

7.2 The Courier shall have no liability whatsoever to any person in respect of any Parcel which is not contracted on a Proof of Delivery basis.

7.3 The liability of the Courier in respect of the matters specified under condition 6.1 shall be limited to a maximum amount of Ringgit Malaysia One Hundred and Fifty (RM150.00) for deliveries to anywhere within Malaysia.

7.4 As the liability of the Courier is limited in accordance with these Conditions the Customer is advised to seek his own additional insurance cover. No insurance will be affected by the Courier for the benefit of the Customer other than in accordance with this condition 7.

8. CLAIMS
8.1 The Courier shall not be liable for damage to any goods or of part or the whole of the Parcel unless:

(a) notice specifying the general nature thereof is given by the Customer to the Courier within 24 hours from the Courier’s responsibility for the Parcel having ended in accordance with the provisions of condition 5;
(b) a fully completed Claims Form is submitted to the Courier within fourteen days of notification in accordance with condition 8.1 (a) (and is acknowledged in writing as received by the Courier); and
(c) the damaged goods are made available to the Courier’s representative for inspection for a reasonable period following notification of the claim in accordance with condition 8.1 (b).

8.2 Subject to clause 6.1(b), the Courier shall not be liable for Delay in delivery of whole or part of the Parcel.

8.3 The Courier shall not be liable for the loss of a Parcel or any part thereof unless the Customer has submitted a fully completed Claims Form (which is acknowledged in writing as received by the Courier) in respect of such loss within120 days of the date by which the delivery should have been made or if no date for delivery has been agreed within 120 days of the date that the Courier’s responsibility for the consignment commenced.

8.4 In the event that the Courier is liable in accordance with condition 6.1 and pays an amount in respect thereof in accordance with conditions 7.3 or 7.4 that is at least equal in value to the replacement cost of the Parcel then the Courier shall be entitled to retain the Parcel.

9. EVENTS OUTSIDE OF THE COURIER’S CONTROL
9.1 The Courier will not be liable or responsible for any failure to perform, or Delay in performance of, any of his obligations under a Contract that is caused by events outside the Courier’s reasonable control (“Force Majeure Event”).

9.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, snow, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.

9.3 Performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Courier will have an extension of time for performance for the duration of that period. If the Courier determines that the Force Majeure Event may continue indefinitely, the Courier reserves the right to cancel a Contract and the Courier will inform the Customer as soon as practicable in that event.
10. SUB CONTRACTORS
10.1 The Courier may sub-contract part or the whole of any Contract or any of his rights or obligations arising under it.

10.2 Where a Contract or any part thereof is sub-contracted then

(a) the liability of the sub-contractor shall be limited and/or excluded in accordance with the conditions of carriage of that sub-contractor (or otherwise in accordance with his policy of insurance) or as provided for by statute or international convention; or

(b) such subcontractors shall otherwise have the benefit of these Conditions of Carriage and shall be under no greater liability to the Customer than or in addition to that of the Courier under the Contract and the Customer agrees with the Courier that no claim shall be made against a Sub-Contract or in addition to or in excess of the limitations and/or exclusions of liability asset out in these Conditions.
11. PAYMENT
11.1 The Courier’s Fee for carriage and any other services incidental to the carriage chargeable under the Contract shall save with the prior written agreement of the Courier be payable by the Customer in advance upon collection of the Parcel and no Contract shall be deemed to have been formed until the Courier’s charges have been paid in full.

11.2 The Customer shall not be entitled to set off any payment due by the Consign or to the Courier under the Contract against any claim made by the Customer.

11.3 Where the Customer elects to pay through the payment portal provide by EzyCourier, such payment shall be deemed to be in full discharge of the Customer’s obligation to the Courier under Clause 11.1 herein. 
12. LIEN AND POWER OF SALE
12.1 All Contracts are subject to a lien for all charges due to the Courier from the Customer under the Contract or otherwise for the Delivery and/or the storage of the goods and other proper charges or expenses incurred in respect of or in connection with the Delivery. If such a lien is not satisfied by payment within a reasonable time of the Courier’s demand for payment then the Courier shall been entitled to sell the goods provided that such sale is permitted by law and to thereafter pay to the Customer the net proceeds of sale after deductions of all charges payable to the Courier under the Contract or otherwise for the Delivery together with all properly incurred expenses in relation to the sale of the goods and the Customer shall (without prejudice to any claim or right which the Customer may have against the Courier otherwise arising under these Conditions)discharge the Courier from all liability in respect of such goods, their carriage and storage.

12.2 The goods may not be sold unless the Courier shall have made reasonable efforts (having regard, if appropriate, to the perishable nature of the goods) to notify the Customer of the Courier’s intention to sell the goods. The goods may then be sold unless within reasonable time (such time to be specified in the notice) the Customer shall have arranged to collect the goods or given instructions for their disposal and have paid, without prejudice, all outstanding charges as referred to in this Condition including any storage charges which may have been incurred during the time that the goods have been retained.

12.3 Pending the expiry of such periods of notice as aforesaid and of disposal of the goods under these provisions the Courier shall at the expense of the Consign or have authority to arrange proper storage of the Parcel. During such period of storage the goods will be held at Owner’s Risk and the Courier shall not be liable for loss or damage of the goods howsoever caused.

12.4 In the event of a sale under this condition the Courier shall do what is reasonable to obtain the market value of the goods (subject to any unavoidable deterioration thereof). If the goods have no market value, then the Courier may dispose of them subject to compliance with all legal requirements in force in respect of such goods.

12.5 In circumstances in which the Courier is unable to obtain further written instructions, the Courier may, in respect of Dangerous Goods only, at his sole discretion dispose of the goods or return them to the Customer. Where such action is taken by the Courier, it shall comply with all prevailing legal requirements that may be in force in respect of the goods. Any such action taken by the Courier under this condition shall be at the sole risk and expense of the Customer.

12.7 If the Parcel or any part thereof is not the property of the Customer the Customer warrants that he has the authority to grant to the Courier a particular lien against the owner. The Courier may hold the goods against the owner for any unpaid monies applicable to those goods only, but he may not sell or dispose of the goods in any way without the express consent of the owner.
13. NATURE OF GOODS (INCLUDING DANGEROUS GOODS)
13.1 The Customer shall not tender for carriage or storage any Dangerous Goods.

13.2 If, in the opinion of the Courier, any items, parcels or goods forming part of a Parcel are or are liable to become Dangerous Goods, such items, parcels or goods may at any time be destroyed, disposed of, abandoned or rendered harmless by the Courier without compensation to, but at the cost in all things of the Customer and without prejudice to the Courier's right to its charges under these Conditions.

13.3 The Customer shall indemnify and keep indemnified the Courier against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Courier arising out of or in connection with any breach of this clause 13.

13.4 The Customer shall not tender for carriage or storage any fragile goods without presenting a full written description disclosing the nature of the goods.13.6

13.5 The Courier may at his discretion accept the following items for carriage STRICTLY ON CONDITION THAT any such items ARE NOT COVERED by the Courier’s policy of insurance and are deemed to be at Owner’s Risk.

• items containing glass, ceramics, pottery; second hand car parts;
• perishables; or
• jewellery or other valuables.

13.6 The Customer is responsible for the packaging and labelling of any items, parcels or good accepted by the Courier for carriage in accordance with these Conditions. Any goods tendered for carriage by the Customer that are deemed by the Courier to be insufficiently packaged or labelled and which are accepted for carriage by the Courier shall be deemed to be at Owner's Risk.
14. CUSTOMERS’S INDEMNITY TO THE COURIER
14.1 The Customer shall indemnify the Courier against:

(a) losses suffered by the Courier arising from any negligent act, negligent omission, negligent misdirection or negligent misstatement by the Customer or Recipient;
(b) losses suffered by the Courier arising from any inaccuracy or omission relating to the packaging or labelling of the goods or the accuracy of any markings or branding of the goods or the description, value or other particulars furnished by the Customer to the Courier;
(c) claims of any nature for loss or damage resulting from the carriage or storage of Dangerous Goods (including indirect and consequential loss);
(d) claims and demands of any nature in respect of loss of or damage to the goods made by any third party additional to or in excess of the limits of liability of the Courier set out in condition 7;
(e) any claims made or penalties imposed by any Commissioners of Customs and Excise in respect of dutiable goods;
(f) claims and demands made by a third party attributable to lack of authority on the part of the Customer to enter into the Contract upon these Conditions; or
(g) all liabilities arising from any breach of these Conditions by the Customer.

14.2 The Customer shall not indemnify the Courier in respect of losses occasioned to the Courier that result from any failure to comply with these Conditions that fall into the following categories:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings; or
(e) waste of management or office time.
15. RECIPIENT'S REQUIREMENTS
The Customer shall be solely responsible for the conformity of any containers, packaging or pallets with any requirements of the Recipient and for any expense incurred by the Courier arising from any failure to so conform.
16. BROKERAGE AND COMMISSION
The Customer agrees that the Courier may retain allowances, brokerages and commissions paid by shipping and forwarding agents, insurance brokers, airlines and any other person in relation to the provision of the Delivery.
17. EXPORT CONTROL AND CUSTOMS
17.1 The Customer authorises the Courier to act as the Customer's agent for purposes of export control and to complete all documents as may be necessary or desirable in connection with the provision of the Delivery subject that the Courier shall not be liable for failure to act as the Customer's agent in this regard.

17.2 The Courier may (but without obligation to do so) advance any duties, taxes, imports, outlays or charges at any port or place in respect of the Parcel and the Customer shall pay an amount equal to the amount paid by the Courier in this regard.

18. ENFORCEABILITY
All rights, powers, authorities, immunities of liability in these Conditions shall continue to have their full force and effect in all circumstances and notwithstanding any breach of these Conditions or negligence by the Courier or any person entitled to the benefit of these Conditions or any of their respective agents, servants or officers.

19. SEVERANCE
If any of these Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. DATA PROTECTION
The Courier shall be entitled to collect, store and process personal data within the meaning of the Personal Data Protection Act, 2010 provided by the Customer to the Courier in connection with the Contract and the Customer consents that such data may be disclosed by the Courier to:

(a) independent third party service providers who may be engaged in activities that include the fulfilment of a Contract, the processing of the Customer’s payment details and the provision of support services; and
(b) government agencies including but not limited to customs authorities to the extent required by law.
21. WAIVER
21.1 If the Courier fails at any time during the term of a Contract, to insist upon strict performance of any of the Customer’s obligations under the Contract, or if the Courier fails to exercise any of the rights or remedies to which he is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve the Customer from compliance with such obligations.

21.2 A waiver by the Courier of any default will not constitute a waiver of any subsequent default.

21.4 No waiver by the Courier of any of these Conditions of Carriage will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
22. RIGHT TO VARY THESE CONDITIONS
The Courier reserves the right to revise and amend these Conditions of Carriage from time to time to reflect changes in market conditions affecting the Courier’s business, changes in technology, and changes in relevant laws or regulatory requirements.

23. APPLICABLE LAW
23.1 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Malaysia and subject to the exclusive jurisdiction of the courts of Malaysia.

23.2 The Customer is responsible for compliance with all applicable laws and regulations of the country for which a Parcel is destined. The Courier will not be liable for any breach by the Customer of any such laws.