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.
In this Agreement, unless otherwise stated in the context, the following terms shall have the meanings as described:
“Terms and Conditions” means these terms and conditions as amended and updated from time to time pursuant to paragraph Terms and Conditions.
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.
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 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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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:
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“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.
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.
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 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.
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.
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 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.
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, 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.
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.
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.
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.
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.
By clicking “Agree” to this Agreement, you as the Driver Partner has admit that
If you do not accept or agree to any of the terms of this Agreement, Do Not use the PINDAHMAN application.
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