Welcome to PINDAHMAN website (“Site”) and/or mobile app (“App”) (collectively, the “PINDAHMAN”) or (“We”, “Us”, or “Our”). Wholly owned by Pindahman Sdn. Bhd. (Company Registration No. 1384431-U), a company incorporated under Malaysia’s law. In use of these Terms and Conditions that are elaborated the legally bind terms and conditions for your use of Our Services as contained in https://www.pindahman.com (“Site”) (collectively the Services provided in the Site, referred to as “Services”)
Please read these Terms and Conditions carefully before using the services offered by PINDAHMAN platform. By Accessing and using the Platform or the Site, you deemed to agree that you have read, understood and accepted the Terms and Conditions and any policies referenced herein, available on the Platforms or Sites. If you do not agree with the provisions that fall within the Terms, please discontinue the use of the Platforms or Website.
PINDAHMAN may be used by
These terms shall subject to country-specific provisions as set out where applicable. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), whom by accepting these Terms and Conditions shall agree to take responsibility for the action you took and any charges associated with your user of PINDAHMAN and any Services you requested from the Platforms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the PINDAHMAN immediately.
We reserve the right to update or modify these Terms and Conditions including our policies which are incorporated into these Terms and Conditions at any time. We strongly recommend you to read these Terms and Conditions regularly. Whereupon, your continued access to the Platform, Website and/or use of the Services shall constitute your acknowledgement and acceptance of the changes we make on the Terms and Conditions and any policies referenced herein, available on the Platforms or Sites.
Acceptance of your delivered goods / items shall deem that you have acknowledgement our Terms and Conditions. We do not ship any items that contain poisonous fumes, combustible materials, and any items that is dangerous and illegal in Malaysia. You will be liable if you fail, neglect or refused to inform us on the nature and condition of your items to be delivered. Please also see our Return and Refund, Dispute Policies’ Terms and Conditions.
In these Terms and Conditions, unless the context otherwise requires, the following words shall have the meanings as described:
“PINDAHMAN” means Pindah platform, wholly owned by Pindahman Sdn. Bhd., a company incorporated in Malaysia with it’s registered office at B10-2, Damas 118 Plaza, Jalan Pintas, Jalan Penampang, 88300 Kota Kinabalu, Sabah, Malaysia”.
“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 through the Platform;
“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 from / to our Driver Partner(s) transportation vehicle;
“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, logistical and/or delivery services for documents and/or goods;
“Services” means the services as set out in paragraph Services;
“Terms and Conditions” means these terms and conditions as amended and updated from time to time pursuant to paragraph Terms and Conditions.
“PINDAHMAN Policies” means
“Third Party Providers” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants, “User” means any person who uses the mobile application, Platforms and/or Software to search for and obtain the Services.
“Privacy Policy” means our privacy policy accessible at PINDAHMAN website and PINDAHMAN Mobile Application as updated and amended from time to time.
Unless the context otherwise requires, reference to any paragraph is to the paragraph of these Terms and Conditions.
Your acknowledgement that the internet is not a secure medium and information submitted for the Services hosted on Our Website and Platform or software may be accessed by third parties. PINDAHMAN accepts no liability whatsoever in this circumstance.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the permission granted herein without notice to you.
Unless specifically stated otherwise, PINDAHMAN does not sell or purchase any Products or Services. The company only provides, operates and manages the Platform for the purpose of enabling transactions between User, Merchant and Driver Partner.
Content that is provided on this Platform is solely for informational purposes. Product representations expressed on this Platform are those of the Merchant (third parties) and are not made by us. Submissions or opinions expressed on this Platform are those of the individual posting such content and may not reflect our opinions.
Certain related features and services (third parties services) that may be made available on the Platform may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to update such information immediately if there are any changes.
As a condition of your use of the Services and/or access to the Website, you agree that:
Compliance with law. You shall comply with all applicable laws and regulations, and shall not conduct or take part in any illegal activities including but not limited to:
Uploading and use of contents. You shall not upload, reproduce, post, encourage, promote or facilitate the use of any information, text, graphics, images, sound, video clips, directories, files, databases or listings made available via the Platform and the Services (“Contents”):
Resale of Services and Contents. You shall not make any copy, reproduce, compile, edit, modify, distribute or resell any Services or Contents, or otherwise exploit the same for commercial purposes.
Use of Personal Data. You shall not collect or post personal information about other Users or members or any other parties, including email addresses, without their consent.
Abusive Behaviour. You shall not utilise the Services, access the Platform, Site or manipulate the Platform system and/or processes in a manner that is dishonest, fraudulent or deceptive, without authorised and/or not in conformance with the Terms and Conditions, which shall include but is not limited to:
Every user of PINDAHMAN is responsible for safekeeping your own passwords and other account identifier securely. The user account owner is entirely responsible for all activities that occur under such user account. Furthermore, shall there be any unauthorized use of your password or account, you must notify us. PINDAHMAN shall not hold any responsibility or liability, directly or indirectly, in any form for any loss or damage of any kind incurred as a result of, or in connection with your failure to comply.
We may from time to time (without giving any prior notice or reason) to upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, PINDAHMAN platform, or any Services and shall not be liable if any such upgrade, suspension, modification or removal that prevents you from accessing PINDAHMAN platform or any part of the Services.
We reserve the right, but shall not be obliged to:
to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to disclose such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
Your use of our PINDAHMAN Platform, Sites and/or Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Platform and Services shall constitute your agreement to be bound by these Terms and Conditions.
PINDAHMAN may at its sole discretion update and amend these Terms and Conditions from time to time as it deems necessary, and such updated and amended Terms and Conditions shall take effect and be binding on you upon PINDAHMAN having posted the same on the Sites and the Platform.
Your continued access and/or use of PINDAHMAN Sites, Platform and Services shall be understood and automatically deemed as an acknowledgement of and consent to be bound by any such amended or additional Terms and Conditions.
The Terms and Conditions are applicable in respect of your use of the PINDAHMAN Sites, Platform and Services in the territory of Malaysia. Your use of the Sites, Platform and Services in other territories shall subject to the prevailing terms and conditions in those territories.
PINDAHMAN grants to you a revocable, non-exclusive, limited, non-assignable and non-sublicensable license to install and use a copy of the Platform on your mobile device for your use and subject to these Terms and Conditions published on our Sites and Platform.
In your use of the Platform, you shall not:-
You shall not install and/or execute the Platform on any device other than the mobile device running the operating systems approved by PINDAHMAN.
Other than the license granted under our Terms and Conditions to use the Platform as mentioned above, no other license or right is hereby granted to you.
The Services that offered by PINDAHMAN is provision of the platform, which is a technological platform that enables you to schedule and/or arrange transportation, logistic and/or delivery services. The PINDAHMAN platform will facilitate and connect you with a Driver Partner who will provide you with such transportation, logistic and/or delivery services.
The types of transportation, logistical and/or delivery services that PINDAHMAN’s Driver Partner can provide to you can be found on the Sites and the Platform.
You agree and acknowledge that PINDAHMAN is not your agent or the agent of the Driver Partners and that:-
(a) neither the Driver Partner or PINDAHMAN have the authority to bind each other; and
(b) PINDAHMAN is not a party to the contract for the hiring of the Driver Partners.
User have the option to select additional pick/up or multiple drop-off location, which includes addition stops in transit, to partially load or unload, except as otherwise specifically provided.
Items pick up from User from one point at one time in one booking, may be stopped in transit for partial loading and/or unloading only at points stated in the order and within the scope of our Driver Partners or as otherwise agreed by our Driver Partners.
The consignees/ receivers or any parties authorized and designated by User to accept / receive at a point or place of stop-off may be the same or other than the customer in the booking details.
The request for additional pick-up or drop-off must state the following:
Stop-off point or points and places accurate locations.
The weight, quantities, markings, and description of articles to be loaded or unloaded.
The name, identity card number, and contact number of the consignee (receiver) to accept item (consignee) and for unloading at point of stop-off location.
A photo of the goods will be taken by our Driver Partner, and upload to the platform.
A notation will be made with the booking details and description of the portion of the items unloaded at each stop-off.
No substitution of items is permitted for that originally loaded or any exchange of contents at a point or place of stop-off. User must cancel the booking and re-book a new booking of job.
Additional charges on item(s) stopped to partially load or unload must be prepaid or guaranteed by the User.
The rate that User shall pay for PINDAHMAN’s stop-off service shall be assessed at the rate applicable from point of origin to stop-off location and/or from one stop-off location to another stop-off location in addition to the original charge for point-of-origin to the final destination.
You shall safeguard any of your login name and password, PINDAHMAN may provide to you in relation to the Platform and the Services and you represent and warrant that you shall not:-
PINDAHMAN shall assume that any person who is using your mobile device, your login name and password will either be you or someone authorized by you.
PINDAHMAN reserves the right to limit, suspend or terminate your account and your use of the Platform, Sites and the Services in the event you have breach any of the Terms and Conditions herein.
The transportation rate, logistic and/or delivery services charges are listed on the Platform together with any additional charges and/or fees as stated in our official pricing portal: https://www.pindahman.com/
Payment amounts quoted are in Ringgit Malaysia currency and include Malaysian Sales and Services Tax (SST), where applicable.
PINDAHMAN has the right to revise the rates, charges and/or fees without giving prior notice to you and the revised rates, charges and/or fees shall be applicable onto you upon revision of the same.
PINDAHMAN reserves the right to charge a cancellation fee, as follows:
For a “Scheduled (>30 min) service”, a fifty percent (50%) of the order charges will be charged if cancellation is made after thirty (30) minutes after confirmation of booking.
For a “Deliver Now service”, a 50% of the order charges will be charged if cancellation is made after five (5) minutes after confirmation of booking.
Any dispute including but not limited to dispute on vehicle booking, number of manpower or dispute on goods or items size or mass, location, timing, etc., that has caused the Driver Partner unable to perform the Service, as it is due to User’s mistake, the Driver Partner has the right to cancel the job and it shall deem as cancellation due to User’s Dispute. A cancellation fee of 50% of the order charges will be charged. User shall make a new booking with the correct information for the Service required.
Once a vehicle type and starting point/end-point has been entered into the Platform, it will provide you with the delivery price. By confirming the delivery request, you agreed and accepted to pay the delivery price quoted and that additional charges may be imposed according to the pricing portal as mentioned in paragraph related to “Services”.
Payment for the Services may be done in the following manner:-
PINDAHMAN shall process your application/request for top-up only after the User’s Payment is cleared by the bank appointed by PINDAHMAN and upon approval by PINDAHMAN.
In the event of an incomplete transaction of payment due to unavoidable circumstances between you and the bank, you shall proceed to contact to your bank. PINDAHMAN shall not be responsible for the failure of the transaction.
For any reason, in the event that PINDAHMAN was unable to process the application/booking or request for the Services, PINDAHMAN reserves the right to refund to you the equivalent sum of amount paid by you.
Credits sold are not exchangeable, returnable nor refundable.
An electronic receipt (e-receipt) will be automatically generated and provided after completion of each order, it will be available in PINDAHMAN notice board.
The credits in PINDAH’s e-wallet, no cash-out of credit is allowed and no transfer of ownership under any circumstances.
Whenever any additional license or permits are required, such as but not limited to warehouse entrance pass, foreign commerce, customs fees, premise’s management deposit fee, parking fees, loading fees and etc, these licenses and/or charges shall be arranged and provide by the User and not the Driver Partner.
If and/or the Driver Partner(s) are refused entry to the pick-up or delivery location due to improper documentation or payment, it will deem as cancellation by User due to our Driver Partner was not able to continue to perform the Service as a result of failure of the User to provide complete documentation to the related party. A 50% fee from the booking total price will be charged accordingly. Additional fees for the Driver Partner’s detention, delay, and/or storage (if any) will also be applicable.
All materials available through this Site or Platform owned or provided by PINDAHMAN or any of its affiliated entities, including any products, services, and web content including but not limited to platform, software, images, text and materials are owned by PINDAHMAN and/or by PINDAHMAN vendors, who have given permission to use the materials.
Materials are protected by copyright, trademark, and other intellectual property laws and all rights in the materials are reserved by PINDAHMAN or their respective owners. You may view, copy and print pages from the Platform or Sites for your personal use only. Without prior written approval from PINDAHMAN, you may not otherwise use, reproduce, copy, edit, modify, store, download, broadcast, transmit, sell, post, or make available any part of the content from the Platform or Site to any party
The PINDAHMAN Platform is delivered to you on an “as is” basis and although PINDAHMAN has used its best effort to ensure that the Platform will work properly on your mobile device, PINDAHMAN does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device.
The Platform is also delivered to you on an “as available” basis and PINDAHMAN does not warrant the availability of the Services, the availability of Driver Partner through the use of the Services, the accuracy of the data or information provided as part of the Services. However, we make the best effort to provide the Services to you as much as possible.
PINDAHMAN does not make any representation or warranty in respect of the quality or timeliness of any transportation, logistic and/or delivery services provided by the Driver Partners. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the Driver Partners and you shall have no claim against PINDAHMAN.
You acknowledge and agree that PINDAHMAN has no responsibility or liability to you or any third party in relation to any goods intended to be transported and/or delivered by a Driver Partner.
PINDAHMAN shall not be liable for any damages including but not limited to indirect, special, accidental, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Platform.
You also acknowledge and agree that upon the item or goods is delivered and accepted by the consignee or confirmed by the User, the Driver Partners and PINDAHMAN are release of any liabilities of the item delivered.
The foregoing limitations and exclusions apply to the extent permitted by law.
When your goods or items are transported or moved for the purpose of transportation, any risk (including damage, destruction, accidental loss or deterioration) “Risk“) shall pass to you as soon as we have delivered the goods to the receiver / consignee. As part of Our value-added Services, we will assist in ensuring the highest level of care is administered while handling and transporting your goods or items but we cannot accept any liability arising there from.
You as the User, warrant that you are either the owner or the authorized representative of the owner of the goods. And that you are authorized to accept and are accepting these Terms and Conditions for yourself or as a representative for and on behalf of the owner of the goods.
You represent and warrant that you shall comply with all of the applicable laws, policies and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and that the goods or items are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.
You warrant that the goods to be delivered by our Driver Partner does not contain or constitute any of the prohibited items as stated, but not limited to the below:-
PINDAHMAN and/or the Driver Partners (under approval of the management of PINDAHMAN) reserve the right to open and check the goods or items without prior notice to you where PINDAHMAN and/or the Driver Partners have any reasonable suspicious that the goods may contain or constitute illegal, unlawful or prohibited items as referred to in the above mentioned provisions herein and PINDAHMAN and/or the Driver Partners reserve the right to refuse the receipt and delivery of such goods or items.
User shall at all times be responsible for ensuring that you have provided PINDAHMAN and/or the Driver Partners with accurate and sufficient details to enable the Driver Partners to complete the pick-up (collection) and delivery of your goods.
User agree to indemnify and hold PINDAHMAN and its officers, directors, employees and agents harmless from any and all claims, damages, demands, losses, liabilities, and expenses arising out of or in connection with:-
your breach or violation of any of the terms of the Terms and Conditions, policies, law and regulations;
your violation of the rights of any third party, including a Driver Partner.
You shall be required to submit your accurate personal information to PINDAHMAN in order to use the Platform and the Services.
You consent to PINDAHMAN using your personal data (including but not limited to your name, pick-up and delivery addresses and contact number) as provided by you to PINDAHMAN from time to time when you use the Software for the purpose of providing the Services.
You consent to PINDAHMAN to collect, use, keep and update your personal data to such extent, for and at such time period as may be necessary when PINDAHMAN provides the Services to you, and you confirm that the personal data provided by you are true and correct and up-to-date.
You further consent that PINDAHMAN is entitled to disclose your personal data to the Driver Partner as may be necessary including, but not limited to, for the purposes of sourcing a booking to be accepted by a Partner Driver via the Platform, for confirmation or clarification of the booking details between you and the Partner Driver, and tracking the booked Partner Driver when PINDAHMAN provides the Services to you.
You agree that the collection, use, storage and transfer of your personal data is subject to PINDAHMAN’s privacy policy the latest version thereof is at PINDAHMAN platform and also available in “www.Pindahman.com”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions and that the terms of the Privacy Policy shall be incorporated into these Terms and Conditions.
PINDAHMAN may disclose to you personal data belonging to a Driver Partner during the provision of the Services. User warrants that user shall not use the personal data of the Driver Partner for any purpose other than for purposes of using the Services.
Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property belonging to PINDAHMAN. PINDAHMAN and/or its related corporations (where applicable) shall at all times own all the rights, title and interest and to the Sites, Platform, Services, PINDAHMAN’s name, logos, trademarks, service marks, designs, copyrighted materials and all other intellectual property rights of PINDAHMAN.
These Terms and Conditions shall be governed by and construed in accordance with Malaysian law.
You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
PINDAHMAN’s promotions are introduced from time to time. All promotions provided are subject to the prevailing regulatory requirements. PINDAHMAN reserves the right to revise, suspend or terminate these requirements or Terms and Conditions at any time and PINDAHMAN may withdraw the offer at its discretion without prior notice.
User acknowledge and agree that your access and use of the Platform and booking of any transportation, logistics and/or delivery services is at User’s own risk and PINDAHMAN shall not be responsible for any lost, stolen, damaged or destroyed goods. You hereby agree that if you are to insure your goods or items, you shall proceed to purchase your own insurance coverage. As part of our service, under the PINDAHMAN platform, we have offered the insurance services as an option for your choice for your convenient.
For lost or damaged parcels, if User has not purchased insurance under PINDAHMAN platform, PINDAHMAN will compensate the item or goods’ value amount up to a maximum of RM200 ONLY (terms and conditions applied).
a. Lost item claims process
– Ensure parcel does not exceed 24-hours from the date of goods or items were pick-up.
– Provide supporting documents such as order e-receipt, photos of item before pick up as proof of order.
– Provide invoice or proof of value of the goods or item (if any).
– Send the supporting documents and photos to our Customer Service at Livechat.
b. Damaged item or goods claims process
– Must raise the claim within 24-hours from the date of item or goods received.
– Provide supporting document such as order e-receipt, photos of item before pick up, photos and/or image of damaged items or goods.
– Provide invoice or proof of value of the goods or item (if any).
– Send us the supporting documents and photos to our Customer Service at Livechat.
User may choose to use the insurance services offered on the Platform, the terms of which are set out in the respective policy document(s) which can be found at PINDAHMAN platform or the Site. Such services are provided by the Company’s panel of insurance providers that the Company may at its sole discretion designate.
Every incident/claim request should be reported to PINDAHMAN Customer Service Livechat within 24-hours after the delivery of the goods. For missing or lost claim, the claim should be reported to PINDAHMAN Customer Service Livechat within 24-hours after the goods or items ware pick-up.
Every claim filed must be supported with proof of evidence such as receipts, invoices, and photographs of the damaged or lost items.
Our insurance provider will acknowledge your claim within 14 business days from the date of notification and provide you with the claim reference number and contact details of the claim handler.
Our insurance provider will assess your claim and will reply to you within 14 business days from the first acknowledgement on the outcome of your claim.
Our insurance provider will make payment within 10 working days from the date of claim assessment outcome on payable claims.
You may not transfer or assign any of your rights, interests or obligations under these Terms and Conditions, wholly or in part, without prior written approval from PINDAHMAN.
PINDAHMAN may at its sole discretion and as it thinks fit and/or necessary to transfer or assign any of its rights, interests or obligations under the Terms and Conditions, wholly or in part, to:-
Any failure to exercise or delay in exercising or enforcing a right or remedy hereunder shall not be deemed to operate as a waiver to enforce or exercise such right, remedy or power in future under these Terms and Conditions.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under the law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement, but it shall not affect the legality, validity and enforceability of the remainder provisions of these Terms and Conditions.
These Terms and Conditions constitute the entirety of the agreement and it is understood between you and PINDAHMAN with respect to its subject matter replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
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