Driver Agreement

PINDAHMAN Driver Partner Agreement

Acceptance of Driver Partner Agreement:

Driver Partner must read through this Agreement carefully. Driver Partner must agree to the Terms and Conditions of this agreement before Pindahman Sdn Bhd (“The Company”) grant access to the Platform. Upon agreed to this Agreement, the Driver Partner has confirmed that he/she has read and understood the terms and conditions of this agreement and has considered the consequences of this Agreement thoughtfully.

Definition

In this Agreement, unless otherwise stated in the context, the following terms shall have the meanings as described:

  1. “PINDAHMAN” means PINDAHMAN platform, wholly owned by Pindahman Sdn. Bhd., (Company Registration No. 1384431-U) a company incorporated in Malaysia with its registered office at Block E, Lot 36, 1st Floor, Plaza 333-6, Plaza 333-6 Kobusak Commercial Centre, Jalan Pintas, 89500 Penampang, Sabah, Malaysia”;
  2. “Transportation Services” refers to the ground transportation services that are provided by the Driver Partner to deliver documents, items, goods, equipments, stocks, house or office moving and any other services available in the platform now or in the future;
  3. “Platform Provider” PINDAHMAN is a platform provider and does not provide transportation, delivery, or other logistic services. PINDAHMAN provides a platform for User and Driver Partners to facilitate transportation transactions via the mobile application;

 

  1. “Driver Partner” or “Driver Partners” means an independent third party driver or rider under PINDAHMAN platform, who have agreed to accept orders / bookings from Users and provide transportation, logistical and/or delivery services via the Platform;
  2. “Moving Helper” or “Moving Helpers” means an independent person, who helps to carry, load or unload Users’ goods, who have agreed to accept orders / booking to carry items / goods to and/or from our Driver Partner(s) transportation vehicle;
  3. “Platform” means the technological platform in whatsoever and howsoever form as PINDAHMAN may from time to time determine whereby a User can arrange and/or schedule transportation, logistic and/or delivery services for documents and/or goods;
  4. “Services” means the services available in PINDAHMAN App or Site, that allowing you to connect with the Users for transportation requests;

Terms and Conditions” means these terms and conditions as amended and updated from time to time pursuant to paragraph Terms and Conditions.

 

 

 

  1. “PINDAHMAN Policies” mean
  • PINDAHMAN Terms and Conditions
  • the Privacy Policies,
  • Refund and Return Policies
  • all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time.

   2. “Third Party Providers” means the independent third parties who provide Solutions to Users through the Service, this includes third party merchants;

   3. “User” means any person who registered and uses the PINDAHMAN mobile application, Platforms and/or Website to search for and obtain the Services.

   4. “Privacy Policy” means our privacy policy which is accessible at PINDAHMAN website and PINDAHMAN Application as updated and amended from time to time.

Driver Partner’s Business
  1. Driver Partner understands and acknowledges that PINDAHMAN is designed for individuals and small businesses customers that require ground transportation services from documents, small packages to moving bulky items.
  2. Driver Partner acknowledges that the engagement of this Agreement with PINDAHMAN is to engage in your business that is separate and apart from PINDAHMAN’s business. When accessing to PINDAHMAN Application, Driver Partner may gain business opportunities to provide Transportation, Logistic or Delivery Services for Users.
  3. Driver Partner acknowledges that this Agreement does not guarantee any particular volume of business for any particular time period. PINDAHMAN has the discretion as to which, if any, business opportunities to provide notice to Driver Partner, the Driver Partner has the discretion whether to, and to what extent, accept any transportation, logistic or delivery opportunity.
  4. Driver Partner agrees and understands that PINDAHMAN does not established the parameters of each Service, it is established by the User, and it represents the end result desired by the User. The Driver Partner who accepts or agrees to provide the transportation, logistic or delivery services is deemed that the documents or parcels shall be deliver on time, safely and generally met the expectation of the User while complying with all laws applied. Under this Agreement, PINDAHMAN is not authorized to control the manner, method, or means by which Driver Partner performs the Delivery Services. Driver Partner is solely responsible for determining the most efficient, effective way and in a safe manner to perform the Delivery Services, including the matter of pick-up, delivery, vehicle type and route selection.
  5. Driver Partner have no obligation to accept any particular Delivery Services or to perform any particular volume of Delivery Services provided, once Driver Partner accepts a Delivery Job, the Driver Partner is obligated to complete the Delivery Service in accordance with User’s specifications and the terms stated in the Agreement.
  6. Driver Partner has the right to cancel a Delivery Service when it is reasonable prudent in Driver Partner’s discretion to do so. However, Driver Partner understands that the cancellations may lead to low rating on User/Driver Partner rating and may lead to complaints. Failure to maintain favorability ratings in User/Driver Partner ratings and/or the receipt of complaints can constitute to a material breach of this Agreement, PINDAHMAN has the right to temporarily suspend or deactivate Driver Partner’s account. In the situation where a Driver Partner has made three(3) cancellations within a period of 3 months, the Company has the right to temporary suspend the Driver Partner’s access to PINDAHMAN for investigation purpose. The Driver Partner will be allowed to re-access to PINDAHMAN Application upon settlement of the investigation.
  7. Additionally, in the situation where Driver Partner fail to perform or fulfill the Delivery Request for User in accordance with this Agreement, any other Agreement with the Company or the terms agreed upon with User (“Failure in Delivery”) due to Driver Partner’s inaction, omission or action, this will cause a forfeiture of all or part of agreed fee for the Delivery Services. This constitutes a material breach of this Agreement and PINDAHMAN may suspend Driver Partner from access of PINDAHMAN Application. The Driver Partner may be required to forfeit all or part of the agreed fee upon Failure in Delivery, have its account suspended or its access to PINDAHMAN Application prohibited due to Driver Partner’s actions, inactions or omissions as determined by PINDAHMAN including but not limited to disputes with Users, loss of items, suspected fraud, delivery of prohibited items, no show, or other conduct that is inappropriate, all of which will constitute material breach of this Agreement.

The Company acts with respect to this section, does not limit to any other remedies or indemnities the Company or User may be entitled under this Agreement, or any other Agreement between the parties or at law. If Driver Partner disputes responsibility caused Failure in Delivery, Driver Partner must notify the Company immediately in writing by submitting a report to support.pindahman@gmail.com.

Driver Partner Warranties and Representations

Driver Partner warrants and represents that it holds title or otherwise has sufficient rights in the equipment will use to operate its business under this Agreement.

By agreeing to this agreement, Driver Partner acknowledges that the Company has the right to suspend or terminate Driver Partner’s access to the PINDAHMAN App on condition that Driver Partner has violated any of the warranties or representations contained in this Agreement or if Driver Partner has violated the adjudication matrix of PINDAHMAN.

1.      Driver Partner and Users

Driver Partner acknowledges and agrees that Driver Partner’s provision of Services to Users creates a direct business relationship between Driver Partner and the User. Company is not responsible or liable for the actions or inactions of a User in relation to Driver Partner, Driver Partner’s activities or Driver’s Vehicle. Driver Partner shall have the sole responsibility for any obligations or liabilities (including maintaining adequate insurance that meets the requirements of all applicable laws including motor vehicle financial responsibility laws) to Users or third parties that arise from Driver Partner’s provision of Services. Driver Partner acknowledges and agrees that, unless specifically consented to by a User, Driver Partner may not transport or allow inside Driver Partner’s Vehicle individuals other than a User and any individuals authorized by such User, during the performance of Services for such User. Driver Partner acknowledges and agrees that all items should be transported directly to their specified destination in every delivery, as directed by the applicable User, without unauthorized interruption or unauthorized stops. Driver Partner shall not contact Users for purposes other than in connection with the Service.

2.      Driver Partner and the Company

Driver Partner agrees that Company providing the PINDAHMAN App and Pindahman Sdn. Bhd. create a direct business relationship between PINDAHMAN and Driver Partner. Company does not, and shall not be deemed to, direct or control Driver Partner. Driver Partner retains the sole right to determine when, where, and for how long Driver Partner will utilize the PINDAHMAN App. Driver Partner retains the right to engage in any other occupation or business. Company retains the right to deactivate or otherwise restrict Driver Partner from accessing or using the PINDAHMAN in the event of a violation or alleged violation of this Agreement.

Driver Partner has accepted and agreed that once Driver Partner has accepted a User’s booking via PINDAHMAN, the company may provide certain information about the Driver Partner assigned to the User, including Driver Partner’s name, photo, location, Driver’s Vehicle information. The Driver Partner shall not contact any Users or use any User’s personal data for any reason other than for the purposes of fulfilling the Services.

As between Company and Driver Partner, Driver Partner acknowledges and agrees that:

  • Driver Partner shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Services, and
  • Except for the PINDAHMAN, Driver Partner shall provide all necessary equipment, tools and other materials, at Driver Partner’s own expense, necessary to perform Transportation Services.
  • PINDAHMAN and the Services are strictly limited to movement of goods. Driver Partner does not use the PINDAHMAN to carry passengers as part of this Agreement.
  • The PINDAHMAN and the Driver Partner will not transport hazardous materials, poisonous fumes, combustible materials and prohibited items (such as firearm or weapon) and any items that are dangerous and illegal in Malaysia.
  • Driver Partner must use the registered vehicle to perform the Service.

If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement.

Equipment

Driver Partner acknowledges that aside from the PINDAHMAN App, it is responsible for providing all of the equipment necessary to perform the Shipment Deliveries. This includes having an appropriate vehicle, safety mechanisms, loading/unloading equipment capabilities, tools, toll tags etc. Driver 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 law, Driver Partner assumes all risk of damage or loss to its equipment. 

Driver Partner is responsible for all costs and expenses arising from Shipment Deliveries, including fuel, maintenance, tools, etc.  Driver Partner will be reimbursed by User for parking fees and tolls related to the Shipment Delivery.

Driver Partner is not required to purchase, lease or rent any products, equipment or services from Company as a condition of doing business with Company or entering into this Agreement.

Devices

Driver Partner shall use PINDAHMAN in providing Delivery, Transportation, Logistic Services, as such: (i) Driver Partner is responsible for the acquisition, cost and maintenance of PINDAHMAN App as well as any standard telecommunication charges may apply and shall be solely borne by you; and (ii) Company shall make available the App for installation on Driver Partner’s Device. Company hereby grants Driver Partner a personal, non-exclusive, non-transferable license to install and use the App on Driver Partner’s Device solely for the purpose of providing Delivery, Transportation, Logistic Services. Driver Partner agrees not to provide, distribute or share, or enable the provision, distribution or sharing of, the access to the App (or any data associated therewith) with any third party. The foregoing license grant shall immediately be terminated.

Driver Partner agrees that: (i) use of the PINDAHMAN App on Driver Partner’ Device requires an active data plan with a wireless carrier associated with Driver’s Device, which data plan will be provided by the Driver Partner at Driver Partner’s own expense; and (ii) use of the PINDAHMAN on Driver’s Device as an interface with the PINDAHMAN may consume very large amounts of data through the data plan. COMPANY ADVISES THAT DRIVER’S DEVICE ONLY BE USED UNDER A DATA PLAN WITH UNLIMITED OR VERY HIGH DATA USAGE LIMITS, AND COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FEES, COSTS, OR OVERAGE CHARGES ASSOCIATED WITH ANY DATA PLAN.

Driver Partners are strictly not allowed to use the Service for other purposes such as but not limited to data mining of PINDAHMAN’S information or information related to the Application or the Service. PINDAHMAN reserves the right to take such action as may be appropriate or permitted under the law against driver partners, and/or any person, whether natural or artificial, directing or instructing you, in the event driver partners use the Service other than for the purpose for which it is intended to be used.

Location Based Services

Driver acknowledges and agrees that Driver Partner’s location information must be provided to the PINDAHMAN in order to provide Transportation Services. Driver Partner acknowledges and agrees that:

(a) Driver’s location information may be obtained by the PINDAHMAN while the App is running; and

(b) the approximate location of Driver Partner’s Vehicle will be displayed to the User before and during the provision of Transportation Services to such User. In addition, Company may monitor, track and share with third parties Driver Partner’s location information obtained by the Driver App and Device for safety and security purposes.

Driver Partner and Vehicle
1.      Driver Partner’s Requirements

As an independent business, Driver Partner warrants and represents that it satisfies all legal requirements and has equipped with all necessary licenses, permits and certifications to perform the work and maintain all the licenses, permits and certifications are active at its expense as stated in this Agreement to provide Delivery, Logistic or Transportation Services.  Driver Partner will maintain current insurance, in amounts and of types required by law and/or the Company to provide Services.  Driver Partner acknowledges and agrees to provide proof of such insurance, licenses and/or permits upon request by the Company and/or User.  Driver Partner has sole responsibility to insured all contracted assigns, subcontractors and employees of Driver Partner that meet this standard. 

To become PINDAHMAN Driver Partner, you acknowledges and agrees that at all times, Driver Partner shall be at least 21 years of age and: (a) hold and maintain (i) possess a valid driver’s license with the appropriate level licenses to operate Driver Partner’s Vehicle, and (ii) all licenses, permits, approvals and authority applicable to Driver Partner that are necessary to provide goods transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service; (b) possess the appropriate and current level of training, expertise and experience to provide goods transportation or delivery Services in a professional manner with due skill, care and diligence; (c) use the appropriate road safety equipment, as required by applicable laws (e.g. helmet) and (d) maintain high standards of professionalism, service and courtesy. Driver Partners shall be subject to certain background, drug and alcohol screenings and driving record checks at the time of application and from time to time during the Term in order to qualify to provide, and remain eligible to provide, delivery and transportation Services.

Driver Partner acknowledges and agrees that Company reserves the right, at any time in Company’s sole discretion, to deactivate or otherwise restrict Driver Partner from accessing or using the PINDAHMAN if Driver Partner fails to meet any of the requirements of this Agreement. Driver Partner agrees that before Driver Partner is eligible to access the PINDAHMAN or the Driver Partner must complete a face-to-face interview, submit to and pass, in the Company’s sole discretion, background, drug and alcohol screenings and driving record checks, the Driver Partner’s Vehicle must meet the standards describe below and complete the Company’s training program.

2.      Vehicle Requirements

Driver Partner acknowledges and agrees that Driver Partner’s Vehicle shall at all times be: (a) properly registered and licensed to operate the transportation vehicle with the local authority(ies) where Driver Partner provides delivery and transportation Services; (b) owned or leased by Driver Partner, or otherwise in Driver Partner’s lawful possession (with authorization letter from owner of the car); (c) suitable for performing the passenger transportation services contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements as per stated in the local authority or country’s law where Driver Partner provides delivery and transportation Services, and in a clean and sanitary condition. Driver Partner acknowledges that Driver Partner’s Vehicle(s) are subject to inspection by and verification of the required conditions by Company.

3.      Vehicle Condition.

Driver Partner warrants and represents that it will use vehicles in good operating condition and compliant with all existing federal, state and local laws or regulations.  As such, Driver Partner commits that it shall not use any vehicle older than 20 years of age from the date of manufacturing.  Driver Partner further agrees that it shall be responsible for the condition and maintenance of its vehicle.  Driver Partner will insure, prior to accepting a Shipment Delivery opportunity on the PINDAHMAN App, that it and its vehicle is in sufficient condition to execute and complete the Shipment Delivery.  Driver Partner agrees that failure to comply with these requirements constitutes a material breach of the Agreement. 

As part of this commitment, Driver Partner warrants and represents that it will never be under the influence of alcohol or illegal drugs while using the PINDAHMAN App and/or performing Shipment Deliveries. Additional commitments by Driver Partner regarding vehicle condition are identified in the Appendix. Driver Partner warrants and represents that it will keep records of all vehicle registrations and inspections and shall provide the latest version of such records upon request. 

4.      Documentation

To ensure Driver Partner’s compliance with all requirements in this Section, Driver Partner must provide Company with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Driver Partner’s provision of any delivery and transportation Services. Thereafter, Driver Partner must submit to Company written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Company shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Driver Partner’s failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Company reserves the right to independently verify Driver Partner’s documentation from time to time in anyway Company deems appropriate in its reasonable discretion.

5.      Driver Partner Insurance

This policy insures you against claims for bodily injuries or deaths caused to other persons (known as the third party), as well as loss or damage to third party property caused by your vehicle.

If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger delivery service

  • Driver Partner agrees to maintain on all Vehicles operated by Driver Partner under this Agreement, a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation delivery and transportation services.
  • A motor insurance that provides protection against bodily injury or deaths caused to other persons (known as the third party), as well as loss or damage to third party property caused by your vehicle.
  • Driver Partner agrees to provide Company a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this Section upon request. Furthermore, Driver Partner must provide Company with written notice of cancellation of any insurance policy required by Company. Company shall have no right to control Driver Partner’s selection or maintenance of Driver Partner’s policy. Driver Partner must be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this Section at all times.
  • Driver Partner agrees to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws where Driver Partner provides delivery and transportation Services. If permitted by applicable law, Driver Partner may choose to insure Driver Partner against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, Driver Partner may choose not to insure Driver Partner against industrial injuries at all, but do so at Driver Partner’s own risk.
  • Driver Partner understands and acknowledges that Driver Partner’s personal automobile insurance policy may not afford liability, comprehensive, collision, medical payments, personal injury protection, uninsured motorist, underinsured motorist, or other coverage when Driver Partner is providing delivery and transportation Services.
  • 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 delivery or transportation services provided by you.
Payments
Payment Terms for Third Party Providers (Driver Partners)
  1. The fees which driver partner pays to PINDAHMAN for the Service are due immediately and are non-refundable. This no-refund policy shall apply at all times regardless of driver’s decision to terminate driver access to the Application / Platform, the company’s decision to terminate or suspend driver access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
  2. Driver Partner acknowledges and confirms that PINDAHMAN may manage and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the solution.
  3. PINDAHMAN holds onto 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 you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold PINDAHMAN liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
  4. PINDAHMAN may make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. PINDAHMAN holds onto the right to modify the Service Fee at any time at its sole discretion.
  5. Driver’s Cash Balance:PINDAHMAN shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance”). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver E-Wallet, or to such other recipient accounts as are made available in the Application. PINDAHMAN reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.
  6. Driver’s Credit Balance:In addition to your Driver’s Cash Balance, you must also maintain with PINDAHMAN a Driver’s Credit Balance. The Driver’s Credit Balance comprises a deposit to PINDAHMAN by driver of commissions and other fees and charges applicable under these Terms of Use. Driver must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by PINDAHMAN in the system, and shall be notified to you via the Application. It may be changed at any time at PINDAHMAN’s sole circumstances.
  7. You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. Balance may be added in any manner prescribed by PINDAHMAN from time to time (such as cash reload and credit/debit card payments, online transfer or transfer from your Driver Cash Balance).
  8. Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. PINDAHMAN may receive interest on amounts that PINDAHMAN holds on your behalf. Driver Partner agrees to assign your rights to PINDAHMAN for any interest derived from your Credits.
Suspension And Termination Of Services

This Agreement starts on the date accepted by Driver Partner and continues until Driver Partner’s account is deactivated, or this agreement is terminated due to a material breach or other non-compliance that is determined at the sole discretion of company.

  1. Driver Partner agrees that the Company may do any of the following, at any time, without notice: (i) to modify, suspend or terminate access or operation to the PINDAHMAN Application, or any portion of the Application (including access to your User Account and/or the availability of any products or Services), for any reason; (ii) to change or modify any applicable policies or terms; (iii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or Services); and (iv) to create limitation access to the Application on use of the Services; as necessary to perform routine or non-routine maintenance, error correction, updates or other changes. We shall not be required to compensate you for any suspension or termination.
  2. This Agreement may be terminated by either Company or Driver Partner: (a) without cause upon 10-day’s prior written notice; (b) immediately, without notice, for the other party’s material breach of this Agreement;
  3. Upon termination of the Agreement, PINDAHMAN will disable Driver Partner’s access to PINDAHMAN and the Driver Partner shall immediately delete and fully remove the PINDAHMAN App from any of Driver Partner’s Devices.

Termination will not limit any of Company’s other rights or remedies.  The provisions of this Agreement shall survive any termination of services.  You furthermore agree that PINDAHMAN shall not be liable to you or to any other person as a result of any such suspension or termination.

If you have disagreed with any terms, conditions, policies, rules, guidelines, or practices of PINDAHMAN, in operating the Platform and/or providing Services, at your sole discretion, you may discontinue using the Platform and/or the Services.

Where your Driver Partner account is suspended or terminated by PINDAHMAN for any reason whatsoever or in the event that you voluntarily terminated your account with PINDAHMAN (as the case may be), we reserve the right to:

  • cancel and/or reverse any and scheduled transactions under your account, including cancelling the delivery of any Shipment ordered by you but yet to execute and refunding all payments made for the same (where applicable);
  • cancel or deduct Credits, Points, Coupon and/or Voucher;
  • cancel or deduct all other benefits which may be provided to you as a Driver;
  • restrict/limit the use of all or part of the Services and/or the Platform;
  • deny or decline any new application for membership submitted by you within one (1) month from the date of termination;
  • disallow the use of your previous Member ID for any new Driver Partner account applied for by you, at our sole and absolute discretion; and/or
  • claim for compensation or damages to the Company

In the event that any of your actions caused any losses to PINDAHMAN, you shall be liable for and shall compensate for all costs and expenses incurred or suffered by the Company. In the event of any inquiries, complaints or claims raised by third parties due to the said actions by you, you shall be solely responsible and liable to the said third parties to resolve such inquiries, complaints or claims at your own cost and shall indemnify and keep indemnified and hold the Company and PINDAHMAN indemnify harmless at all times in respect thereof.

Payment and Compensation

Driver Partner acknowledges that Users – not the Company – are responsible for paying all charges and fees associated with the Shipment.  Once a User submits an order, the Company will charge the payment card account that User has provided in an amount equal to 100% of the applicable standard charges, additional charges, tax and any additional gratuity (“a Tip”) to the Driver Partner or its driver the User desires. The Company reserves the right to change its prices charged at any time, at its discretion.  Driver Partner understands that any or all fees can be refunded if User believes the delivery was not satisfactorily completed.  Driver Partner acknowledges and agrees that any payment received by the Company is due to the information service provided by the PINDAHMAN App. 

By entering into this Agreement, Driver Partner waives and releases any claim against Company with respect to any acts, omissions or errors by the third party.  The Company has sole discretion to determine the third-party processing company.  Driver Partner hereby also authorizes the Company to share all necessary information belonging to Driver Partner and/or its assign/subcontractor/employee necessary to facilitate payment via the third party processor, including, but not limited to, payment card information, personal identity numbers and e-wallet information. After the payment is deposited in the Company’s account, Driver Partner may submit a request to “cash out” a minimum amount of money from their driver wallet via the PINDAHMAN App.  The Company will then review the request for “cash out” and, if approved, will transfer the requested amount to Driver Partner via online transfer.  All such transfers are subject to the terms and conditions of the Company’s “cash out” process.  By signing this Agreement or using the PNDAHMAN App, Driver Partner consents to this payment process. 

1.      Calculation and Payment

Driver Partner will charge for each instance of completed Transportation Services provided to a User through the PINDAHMAN (“Base Fee”). The Base Fee is equal to a base amount (which will include all applicable Company assessed fees) plus distance (and duration) (as determined by Company using location-based services enabled through the Driver Partner’s Device) (“Base Fee Calculation”). Driver Partner agrees that the Base Fee is the only payment Driver Partner will receive in connection with providing Shipment Delivery Services. No gratuity is included in the Base Fee. Driver Partner is also entitled to charge User for any tolls, fees, taxes or fees incurred when providing such User Transportation Services. On behalf of Driver, and not for itself, Company will collect the Base Fee via the PINDAHMAN. As such Driver Partner agrees that payment made by User to Company shall be considered the same as payment made directly by User to Driver Partner. At least bi-weekly, Company will pay Driver Partner the Base Fee less the applicable Administration Fee and Transportation Fee

2.      Changes to Calculation

The Company, in company’s sole discretion, may change the Base Fee Calculation at any time. The Company will provide Driver Partner with notice a change in the Base Fee Calculation. Continued use of the PINDAHMAN after any change in the Base Fee Calculation constitutes Driver Partner’s agreement to such change.

3.      Adjustments

The Company may: (i) adjust the Base Fee for particular Transportation Services if Driver uses an inefficient route, Driver failed to properly and timely end the particular Shipment Delivery Services in the Driver Partner App, technical error in the PINDAHMAN, etc.; or (ii) cancel the Base Fee for Shipment Delivery Services if User is charged for Shipment Delivery Services that were not provided, in the event of a User complaint, fraud, etc. The Company will use its reasonable effort in making any decision to reduce or cancel the Base Fee.

4.      Administration Fee

For use of the Driver Partner App and the PINDAHMAN, Driver Partner agrees to pay the Company a fee on a per Shipment Delivery Services transaction basis calculated as a percentage of the Base Fee determined by the Base Fee Calculation (less the applicable Company assessed fees included in the base amount) (“Administration Fee”). In the event regulations applicable to the country where Driver Partner provides Shipment Delivery Services require any form of taxes to be calculated on the Base Fee, the Company shall calculate the Administration Fee based on the Base Fee net of such taxes. The Company reserves the right to change the Administration Fee at any time in the Company’s discretion based upon local market factors, and the Company will provide Driver Partner with notice in the event of such change. Continued use of the PINDAHMAN after any such change in the Administration Fee amount shall constitute Driver Partner’s consent to such change.

5.       Transaction Fee

For the continuous effort of improving the PINDAHMAN app and promotion and marketing of PINDAHMAN, Driver Partner agrees to pay the Company a fee on a per Shipment Delivery Services transaction basis calculated as a percentage of the Base Fee determined by the Base Fee Calculation. In the event regulations applicable to the country where Driver Partner provides Shipment Delivery Services require any form of taxes to be calculated on the Base Fee, the Company shall calculate the Transaction Fee based on the Base Fee net of such taxes. The Company reserves the right to change the Transaction Fee at any time in the Company’s discretion based upon local market factors, and the Company will provide Driver Partner with notice in the event of such change. Continued use of the PINDAHMAN after any such change in the Transaction Fee amount shall constitute Driver Partner’s consent to such change.

Cancelling

For Third Party Providers:

While driver partner may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in PINDAHMAN. PINDAHMAN reserves the right to modify the acceptable cancellation reasons from time to time. A cancellation that is not according to one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

PINDAHMAN License

Company grants Driver Partner a non-exclusive, non-transferable, non-sub-licensable, non-assignable license, during the term of this Agreement, to use the PINDAHMAN (including the Driver Partner App on Driver Partner’s Device) solely for the purpose of providing Shipment Delivery Services to Users and tracking resulting Base Fees. All rights not expressly granted to Driver are reserved by Company.

Confidentiality

Company and Driver acknowledge and agree that:

(a) all Confidential Information remains the property of the disclosing party;

(b) Confidential Information of the other party shall not be used for any purpose except in betterment of this Agreement;

(c) Confidential Information of the other party shall not be disclosed to any third party; and

(d) all Confidential Information of the disclosing party, upon the termination of this Agreement or at the request of the other party shall be return or destroy.

Data Privacy

Subject to applicable law, the Company may provide any information about Driver Partner or any Shipment Delivery Services to any party for Company’s legitimate business needs. Such disclosure may be made if (but is not limited to such circumstance): there is a complaint, dispute, conflict or accident involving Driver Partner; it is, in the sole discretion of the Company, necessary to enforce the terms of this Agreement; it is required, in the Company’s sole discretion, by applicable law or regulation; it is necessary, in the Company’s sole discretion, to protect the safety, rights, property or security of the Company, or the public; to detect, prevent or address fraud; to prevent any activity which the Company, in their sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Driver Partner agrees that the Company may retain Driver Partner’s personal data for legal, regulatory, safety and other purposes after this Agreement is terminated.

The Company may collect Driver Partner’s personal data through Driver Partner’s use of the PINDAHMAN, or from third parties. The Company may use such data for such purposes consistent with the Company’s legitimate business needs. Driver Partner expressly consents to such use of personal data.

Indeminfication And Limitation Of Liability
  1. Driver agrees to indemnify, defend and hold harmless the Company, as well as its past and present successors, assigns, officers, directors, owners, employees, and agents (“PINDAHMAN Indemnitee”) from any and all losses, actual or threatened suits, liabilities, actions, proceedings (at law or in equity), damages, claims, claims for payment, demands, deficiencies, fines, settlements, judgments, costs, and expenses (including penalties, reasonable attorneys’ fees, costs, interest, and disbursements) arising from or incurred in connection with claims asserted by a third-party against a PINDAHMAN Indemnitee arising directly or indirectly from, or as a result of or in connection with, Driver Partners (or Driver’s agents, employee’s or subcontractor’s) (i) breach or violation of any of the terms of the Terms and Conditions, policies, law and regulations; (ii) conduct with respect to the PINDAHMAN App, technology platform, Services, and/or Shipment Deliveries; (iii) breach or violation or alleged violation of any law or the rights of any third party, including, without limitation, other drivers of the PINDAHMAN platform, Driver Partners, drivers, employees, assigns, subcontractors, and pedestrians; (iv) disclosure of “Confidential Information”; (ix) wrongdoing, violation of policy, violation of law or other misconduct. Under Driver Partner’s duty to defend, the Company shall be entitled to use its own counsel.  
  2. Driver Partner acknowledges that Driver Partner, not the Company, is responsible for all Shipments and all Shipment Deliveries during the transporting Shipments process. Driver Partner agrees PINDAHMAN has no control or responsibility over Shipments or Shipment Deliveries, the Driver Partner, or the Driver Partner’s drivers or employees.  Driver Partner agrees that the Company only has control or responsibility for the functioning of the PINDAHMAN App and the provision of the information matching service provided therein.  Drivers Partner agrees that the Company will not be responsible or liable for any actions, wrongdoing, losses or damages suffered by the User as a result of a third-party, a Driver Partner, its drivers, or employees or to any damage occurring to any Shipment.  In no event will the Company be liable to Driver Partners arising out of except if such action is willful breach of this Agreement or gross negligence. 
  3. Driver Partner further agrees and acknowledges that it will not and cannot hold the Company liable for any issues beyond the Company’s direct control, including any acts of God, pandemic, epidemics, outbreaks, the COVID 19 pandemic, disruption of power, loss of power, shutdown or technical difficulties with the PINDAHMAN App, system maintenance, failure of other service providers, failure of other cellular reception, cancellation of services by other third-parties, labor disputes, strikes, hostilities, civil disturbances, war, fire, sabotage, natural disasters, flood, accident, loss or destruction of property, intervention by governmental entities, change in laws, policies, regulations or orders, or other events or circumstances or any other causes beyond the Company’s direct control.
  4. To the extent not prohibited by law, the Company will not be liable to Driver Partner or any third party for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages whatsoever including but not limited to, damages for loss of property, physical losses, death, or any other damages or losses, arising out of or related to the terms in this Agreement, the Company’s technology (including the Application and any enrolment, order or shipment), Services performed by Driver Partners and/or their drivers, or Services provided by third parties, however caused, regardless of liability (contract, warranty, tort (including negligence whether active, passive or imputed) and even if the Company has been advised of the possibility of such damages.

 

For any loss or damage that is not excluded under these terms, the total liability of the Company and its directors, employees, agents, offices, staffs, affiliates and investors will not exceed RM 200 of the cost of the Shipment Delivery, whichever is less.

No Third Party Beneficiaries

Except as may apply to the licensor of the PINDAHMAN, there are no third-party beneficiaries to this Agreement. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims.

Notices

Any notice delivered under this Agreement will be delivered by email to the email address associated with Driver Partner’s account or by posting on the portal available to Driver Partner on the PINDAHMAN.

Dispute Policy

  1. Dispute Terms

“Disputes” are disagreements regarding execution of order, additional charges, goods or items requested are not according to the booking, additional charges or other issues experienced during transportation between User and Driver Partner under PINDAHMAN platform.

Disagreements may rise during the transportation journey or after the goods or items are being delivered.  The disagreement is between the User and the Driver Partner. We encourage the User and the Driver Partner to efficiently resolve these disagreements between themselves using the Livechat function on the platform or face-to-face before submitting any dispute claim to PINDAHMAN Customer Service.

If for any reason, the disagreement is not resolved between User and the Driver Partner, the User shall contact our Customer Service at Livechat and lodge a dispute claim by providing proof of disputes with all relevant documentation including photo.

Shall the disputes are due to negligence of the Driver Partner, the User can resolve the problem with the Driver Partner. For any reason that the dispute was not resolved, the User can opt to lodge a report to PINDAHMAN Customer Service Team within 24-hours. Shall the report is not submitted to our Customer Service Team with 24-hours, it will be deem as the job order is completed without any dispute.

  1. Dispute Policy

When you make an application with PINDAHMAN to become a User or a Driver Partner, you agreed to the PINDAHMAN Terms and Conditions, User Terms, Privacy Policy and Dispute Policy.  PINDAHMAN will handle the dispute as stated in this policy. PINDAHMAN will also abide to any rules and regulations applicable of a competent to the court. 

Your continue use of PINDAHMAN platform or services, we deem that you have agreed to accept the all the Terms and Conditions, Dispute Policy and other terms of PINDAHMAN as the guiding policies for the dispute process.

Under special circumstances, PINDAHMAN reserves the right to request the involving party to remove the dispute case from the platform. For the dispute case that require resolving through litigation, such as if one party has taken legal actions against the other party or an extraordinary amount or circumstances including type of dispute or amount of the disputed charges.

For dispute cases related to insurance, the dispute will be managed according to the relevant dispute process with the respective third party service provider.

For disputes due to the Driver Partner’s negligence, shall a dispute fee is applicable; the amount payable will be deducted from the Driver Partner’s e-wallet. Shall the amount in the e-wallet is not sufficient, an outstanding credit will show in the Driver Partner’s e-wallet, the Partner Driver has to top up the e-wallet to clear the outstanding. If there is insufficient amount in the Driver Partner’s e-wallet, the Driver Partner will not be able to accept any order until the Driver Partner has settlement on the outstanding.

  1. Dispute Process

Once a dispute case is submitted to PINDAHMAN Customer Service Team, the team will contact both parties to provide the relevant documentations of evidence includes photos. The team will investigate and manage the process of dispute resolution. The Customer Service Team will follow up with the investigation progress and to update the parties involved accordingly.

The User is responsible to provide the relevant documentation of evidence within 24-hours to support the dispute claim as needed according to the nature of the dispute:

  • Booking details, including booking number
  • Packing list
  • Invoice of item or goods (if any)
  • Photos of the item and packaging
  • Any related additional information and/or documents

After the PINDAHMAN Customer Service Team receives a dispute claim from a User, the team will reach out to the Driver Partner and notify the Driver Partner about the dispute claim filed with stated the following:

  • Booking details including booking number
  • User name
  • User’s claim
  • Dispute amount
  • All relevant additional information & documentation

The Driver Partner is responsible to provide all the following documentation accordingly upon received the notice from our Customer Service Team to proof the validity of the disputed claim:

  • Any pictures taken of the item / goods delivered
  • Any supporting documentation related to the dispute claim

The PINDAHMAN Customer Service Team shall revert to the User within 7 business days to acknowledge receipt (completion) of documentations.

Upon all documentation of proof is received by our Customer Service Team, our team will review the documentation provided by both parties and extract from the system. The team will assess the dispute claim and the documentations submitted.

Shall there is needs for additional information that is needed as supporting documentations to the dispute claim, our Customer Service will reach out to the relevant party for further clarification.

The PINDAHMAN Customer Service Team will notify the User and the Driver Partner of the outcome of the dispute process within 14 business days.

Please note that the decision and outcome of the dispute claim is final and binding. Upon the investigation is completed and the outcome is given and notified to the User and Driver Partner, the case cannot be reopened for a secondary review of the dispute. We encourage both parties to submit all relevant supporting documents to support the dispute claim in order to secure a favorable outcome.

  1. Note

When a dispute claim is submitted to PINDAHMAN Customer Service Team, if it involves any refund of fee, any refund will be made once the dispute has been resolved and in accordance with the decision.

For PINDAMAN Driver Partner, shall there be cases when there are more than 3 times of dispute cases involving the same Driver Partner within 3 months, that particular Driver Partner will be temporary cease of service until all dispute cases is resolved.

Arbitration Agreement

Notwithstanding the foregoing, PINDAHMAN reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

Any controversy, claim or dispute arising out of or relating to these Terms of Use and/or other PINDAHMAN Terms and Conditions or the breach, termination or invalidity thereof shall be referred to and settled by arbitration in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC”) held in Kuala Lumpur, Malaysia. The arbitral tribunal shall consist of a sole arbitrator who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. The place of arbitration shall be Malaysia. Any award by the arbitration tribunal shall be final and binding upon the parties.

Modifications

The Company reserves the right to modify the terms of this Agreement from time to time.  In the event of such a modification, the Company will notify Driver Parnter by revising the date at the top of the policy and, in some cases, we will provide Driver Partner with additional notice (such as adding a statement to our homepage, on PINDAHMAN application or sending you an email notification).  We encourage Driver Partner to review these terms periodically to stay informed about our practices.  Whenever we make changes to these terms, they are effective when the revised terms are posted unless we notify Driver Partner otherwise. Driver Partner acknowledges that continue to use the PINDAHMAN App or engage in Shipment Deliveries arrangement through the PINDAHMAN App, then Driver Partner will be deemed to have consent and accepted the changes to these terms.  

Severability

Any provision of this Agreement which is becomes invalid or non-binding, prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction and the application to such facts and circumstances, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or the application thereof to other facts and circumstances, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such event, the parties shall replace the invalid or non-binding, prohibited or unenforceable provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.

Entire Agreement

These Terms and Conditions constitute the entirety of the agreement and it is understood between you, the Driver Partner and PINDAHMAN with respect to its subject matter replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. This Agreement will be read in conjunction with the PINDAHMAN’s General Terms and Condition, Cancellation Policy, Dispute Policy and other PINDAHMAN’s terms and policies.

No Waiver

Any failure to exercise or delay in enforcing or exercising a right or remedy hereunder shall not be deemed to operate as a waiver to enforce or exercise such right, power or remedy in future under these Terms and Conditions.

Electronic Documents

Driver Partner also agree to consent to the use of an electronic record to document your agreement with the Company.  If Driver Partner wants to withdraw the consent to the use of the electronic record, Driver Partner may withdraw by emailing the Company at contact.pindahman@gmail.com with “Revoke Electronic Consent” in the subject line.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with Malaysian law.

You, the Driver Partner irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.

Successors

This Agreement may not be assigned by either party hereto without the prior written consent of the other party, provided however, that: (i) the Company may assign this Agreement to any affiliate or subsidiary of the Company, provided that such affiliate or subsidiary execute an agreement agreeing to be bound by the terms and conditions hereof; and (ii) in the event of any merger, sale, consolidation or other transfer of assets or business of the Company, or any substantial part thereof, to or with another entity, the Company may assign this Agreement to such new entity provided that such entity execute an agreement agreeing to be bound by the terms and conditions of this Agreement.  

Captions

Captions appeared in this Agreement are for convenience only, it does not in any way limit, modify, amplify or otherwise affect the terms and provisions of this Agreement. 

By clicking “Agree” to this Agreement, you as the Driver Partner has admit that

  • You have read and understand the terms of the Agreement;
  • You agree and accept to comply with the terms of the Agreement;
  • You are at least the age of Legal Majority in your country or otherwise legally competent to enter into contracts.

If you do not accept or agree to any of the terms of this Agreement, Do Not use the PINDAHMAN application.