Welcome to the PINDAHMAN Application (“PINDAHMAN”), the leading platform that connects businesses and individuals seeking delivery service for documents, packages and bulky items (“Users”) and businesses that provide such ground transportation services for such packages (“Driver Partners”). Users and Driver Partners can connect by accessing the PINDAHMAN App to make arrangement for deliveries.
This PINDAHMAN User Agreement, together with the PINDAHMAN General Terms of Use, governs the terms and conditions of the business relationship between you as the User and PINDAHMAN Sdn. Bhd. (the “Company”) with respect to your use of the PINDAHMAN App. Please read through the terms of this Agreement carefully as it is a legally bind agreement setting forth the rights and obligations between the Company and you, the User.
In this Agreement, the word “Services” means the 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 word “Shipments” refers to items, documents or parcels that mutually agreed and arranged between Users and Driver Partners, under the PINDAHMAN App. “Shipment Delivery” refers to the service whereby a Driver Partner delivers the Shipment that was agreed upon according to the User’s specifications.
NOTICE:
All disputes between User and the Company shall be resolved by way of binding arbitration as a requirement of this Agreement. The Arbitration Clause is under Section 10 of this Agreement. In this section, it requires disputes between Driver Partner and the Company to be submitted to Binding and Final Arbitration unless Driver Partner opts out of the Arbitration Agreement:
By clicking “Agree” to this Agreement, you as the User has admits that
If you do not accept or agree to any of the terms of this Agreement, Do Not use the PINDAHMAN application.
Upon your acceptance of this Agreement, you will be granted access and use the PINDAHMAN platform in according with this Agreement. Through PINDAHMAN, User is given the opportunity to connect with our Driver Partner on fulfilling needs for transportation, logistics, and delivery services. The Company and User (collectively “the parties”) agree as follows:
User acknowledges and understands that the PINDAHMAN App and the Services are designed for individual, small businesses, commercial customers that require ground transportation services for documents, small packages to moving bulking items. The scope of Services provided through the PINDAHMAN App is strictly limited.
The following restrictions apply:
User understands and agrees that by utilizing the Service, it is agreeing to pay for the Shipment Delivery service fee. The User understands and agrees that the prices displayed to User while placing an order are provided for reference as estimation only. The breakdown or details of the pricing for each Shipment Delivery will be shown on the payment page upon completion of the selection of order. Once the payment is made, the User is deemed to have accepted the price.
The User understands and agrees that the User (neither the Company nor the Driver Partner) is responsible to pay for all charges and fees associated with the Shipment delivery. Once a User confirm an order, the Company will place a charge on the payment card account that was provided by User or User’s e-wallet account in an amount equivalent to 100% of the applicable standard charges, applicable taxes, any additional charges, and a gratuity (a “Tips”, if applicable) to the Driver Partner. The Company reserves the right to change its prices charged at any time, at its discretion.
User acknowledges and understands that all electronic payment is processed by a third party. Any payment made by User is made electronically processed by the third party and followed by deposited into the Company’s account for payment to the Driver Partner. By entering into this Agreement, User has waived and released any claim against the Company with respect to any acts, errors or omissions by the third party. The Company has sole discretion to select and determine the third-party processing company. User also agrees and authorizes the Company to share all necessary information belonging to User to facilitate payment via the third-party processor, including, but not limited to, payment card information and e-wallet information. User can utilize the User’s e-Wallet and use balances in the e-wallet for payment for Shipment Delivery fees.
User acknowledges and agrees that the Shipment Delivery means the starting from the pick-up point when the Shipment is on boarded the Driver Partner’s vehicle and ends at the point when the vehicle has reached the designated address. As a result, the loading and unloading work is not within the scope of the Shipment Delivery, and the Driver Partner will strictly follow and match the service stated in the Shipment order according to the order placed by the User in PINDAHMAN. An additional service can be selected if the User needs assistance loading or unloading the Shipment when User places the Shipment order. Any additional services add-on when the Driver Partner executing the Shipment Delivery Service will lead to additional fee or charges.
User understands and agrees that from time to time, the Company, at its sole discretion, may make available or conduct promotions, including discounts, vouchers and coupons, through the PINDAHMAN App. These promotions, it shall have not bonded whatsoever on your relationship with the Company unless specifically made available to you. The Company reserves the right to discontinue, terminate, or cancel any promotions at any time and in its sole discretion without providing notice to you. You shall not use the promotions for any other commercial activities. Your participation in any promotional program is subject to this agreement and other the terms of the PINDAHMAN App. The Company shall not review the internal information such as platform fee.
All intellectual property rights, whether registered or unregistered, in the PINDAHMAN Application, Technology Platform, Software, Website or Services, all information content on the Platform and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (collectively referred to as “Intellectual Property”) shall remain as our property or where applicable, our affiliates or third party intellectual property owners. The entire contents of the PINDAHMAN Application, Technology Platform, Software, Website or Services also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
No part or parts of the PINDAHMAN Application, Technology Platform, Software, Website or Services may be altered, removed, reproduced, republished, decompiled, disassembled, separated, distributed, broadcasted, displayed, framed, hyperlinked, reverse engineered, mirrored, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment any Intellectual Property without our prior written permission or that of the relevant Intellectual Property owners. No party accessing the Platform shall claim any right, title or interest therein. Permission will only be granted to you to download, print or use the Intellectual Property for personal and non-commercial uses, provided that you do not modify the Intellectual Property and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials. Using the PINDAHMAN App for unauthorized and/or unintended purposes is strictly prohibited and will constitute a material breach of this Agreement.
User agrees to indemnify, defend and hold harmless 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, User’s (or User’s agent’s, 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 users of the PINDAHMAN platform, Driver Partners, drivers, employees, assigns, subcontractors, and pedestrians;
(iv) disclosure of “Confidential Information”;
(v) wrongdoing, violation of policy, violation of law or other misconduct. Under Driver Partner’s duty to defend, Company shall be entitled to use its own counsel.
User acknowledges that Driver Partner, not the Company, is responsible for all Shipments and all Shipment Deliveries during the transporting Shipments process. User agrees PINDAHMAN has no control or responsibility over Shipments or Shipment Deliveries, the Driver Partner, or the Driver Partner’s drivers or employees. User 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. User 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 User arising out of except if such action is willful breach of this Agreement or gross negligence.
User 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.
To the extent not prohibited by law, the Company will not be liable to you 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.
To improve and enhance our service to you, we may choose various third-party websites (“Third Party Site”) or provider to link to, and frame within, the PINDAHMAN platform, Website or Services. We may also participate in co-brand and other related offers and other services and features to our users. These Third Party Sites link have separate and independent privacy policies as well as security. Even though the third parties may affiliate with us, we do not have control over the Third Party Sites. Each of the terms, privacy policy and data collection practices are independent from us. The data that is collected by the Third Party Sites, (even if linked through our PINDAHMAN platform) is not received by us.
These links are provided for your convenience only. We have no control over the content of those sites, services, or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites, services, or resources linked to or otherwise accessible from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such third-party sites. Nonetheless, we seek to protect the integrity of our PINDAHMAN platform and websites and we welcome any feedback about these linked Third Party Sites.
This Agreement starts on the date accepted by User and continues until User’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.
I. User 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.
II. This Agreement may be terminated by either Company or User: (a) without cause upon 10-day’s prior written notice; (b) immediately, without notice, for the other party’s material breach of this Agreement;
III. Upon termination of the Agreement, the Company will disable User’s access to PINDAHMAN and the User shall immediately delete and fully remove the PINDAHMAN App from any of User’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 User 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:
In the event that any of your actions caused any losses to the Company, 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 Indemnitee harmless at all times in respect thereof.
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.
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 you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage, on PINDAHMAN application or sending you an email notification). We encourage you 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 you otherwise. User acknowledges that continue to use the PINDAHMAN App or engage in Shipment Deliveries arrangement through the PINDAHMAN App, then you will be deemed to have consent and accepted the changes to these terms.
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.
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. 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.
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.
You also agree to consent to the use of an electronic record to document your agreement with the Company. If User wants to withdraw the consent to the use of the electronic record, you may withdraw by emailing the Company at contact.pindahman@gmail.com with “Revoke Electronic Consent” in the subject line.
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.
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 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.
“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 happened due to the User’s booking with inaccurate information, as stated below but not limited to:-
For cases that dispute due to User’s negligence, where involves to make a new booking, the initial booking will considered settled and 50% of the order amount is required. User have to make a new booking and bear all the additional cost involved.
Shall the disputes happened due to negligence of the Driver Partner, as stated below but not limited to:-
Shall the disputes was 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 was not submitted to our Customer Service Team with 24-hours, it will be deem as the job order is completed without any dispute.
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.
In the case of any dispute due to the User’s dispute, a dispute fee may be applicable, the amount payable will be deducted from User e-wallet.
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.
In the case that if User is requesting for the service to deliver valuable items, PINDAHMAN strongly encourage the User to insured the item with insurance company or select the insured option under the platform. In the case of dispute on your item or goods, under PINDAHMAN policy, for lost or disputed items or goods, if User has not purchased insurance under PINDAHMAN platform or other insurance company on your own resources, PINDAHMAN will compensate the item or goods’ value based on market value or an amount up to a maximum of RM200 ONLY (subject to terms and conditions).
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:
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:
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:
The PINDAHMAN Customer Service Team shall revert to the User up to 14 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.
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.
Upon receiving dispute case from a User, the disputed amount will be on hold from the outstanding payables of the Driver Partner until the dispute has been resolved. The amount on hold will be released once the dispute is resolved and in accordance to the decision.
Filing a reversing payment or payment dispute via your payment provider, credit card company or your bank is a violation of our Terms and Conditions. If you file a payment or transaction dispute, your account will be disabled and the amount will not be eligible for refund due to our obligation towards the payment provider.
PINDAHMAN, through our payment platform provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on PINDAHMAN platform.
For PINDAMAN Driver Partner, shall there be event 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.
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