{"id":4387,"date":"2023-12-12T06:43:37","date_gmt":"2023-12-12T06:43:37","guid":{"rendered":"https:\/\/pindahman.com\/?page_id=4387"},"modified":"2024-01-19T09:24:03","modified_gmt":"2024-01-19T01:24:03","slug":"user-agreement","status":"publish","type":"page","link":"https:\/\/pindahman.com\/zh\/user-agreement\/","title":{"rendered":"\u7528\u6237\u534f\u8bae"},"content":{"rendered":"<div data-elementor-type=\"wp-page\" data-elementor-id=\"4387\" class=\"elementor elementor-4387\" data-elementor-post-type=\"page\">\n\t\t\t\t\t\t\t<div class=\"elementor-element elementor-element-d725dc7 e-flex e-con-boxed e-con e-parent\" data-id=\"d725dc7\" data-element_type=\"container\" data-settings=\"{&quot;content_width&quot;:&quot;boxed&quot;}\" data-core-v316-plus=\"true\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-45b5f7c elementor-widget elementor-widget-heading\" data-id=\"45b5f7c\" data-element_type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t<style>\/*! elementor - v3.18.0 - 06-12-2023 *\/\n.elementor-heading-title{padding:0;margin:0;line-height:1}.elementor-widget-heading .elementor-heading-title[class*=elementor-size-]>a{color:inherit;font-size:inherit;line-height:inherit}.elementor-widget-heading .elementor-heading-title.elementor-size-small{font-size:15px}.elementor-widget-heading .elementor-heading-title.elementor-size-medium{font-size:19px}.elementor-widget-heading .elementor-heading-title.elementor-size-large{font-size:29px}.elementor-widget-heading .elementor-heading-title.elementor-size-xl{font-size:39px}.elementor-widget-heading .elementor-heading-title.elementor-size-xxl{font-size:59px}<\/style><h2 class=\"elementor-heading-title elementor-size-default\">PINDAHMAN User Agreement<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-fda030d e-flex e-con-boxed e-con e-parent\" data-id=\"fda030d\" data-element_type=\"container\" data-settings=\"{&quot;content_width&quot;:&quot;boxed&quot;}\" data-core-v316-plus=\"true\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-5ad67fc elementor-widget elementor-widget-text-editor\" data-id=\"5ad67fc\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t<style>\/*! elementor - v3.18.0 - 06-12-2023 *\/\n.elementor-widget-text-editor.elementor-drop-cap-view-stacked .elementor-drop-cap{background-color:#69727d;color:#fff}.elementor-widget-text-editor.elementor-drop-cap-view-framed .elementor-drop-cap{color:#69727d;border:3px solid;background-color:transparent}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap{margin-top:8px}.elementor-widget-text-editor:not(.elementor-drop-cap-view-default) .elementor-drop-cap-letter{width:1em;height:1em}.elementor-widget-text-editor .elementor-drop-cap{float:left;text-align:center;line-height:1;font-size:50px}.elementor-widget-text-editor .elementor-drop-cap-letter{display:inline-block}<\/style>\t\t\t\t<p>Welcome to the PINDAHMAN Application (\u201cPINDAHMAN\u201d), the leading platform that connects businesses and individuals seeking delivery service for documents, packages and bulky items (\u201cUsers\u201d) and businesses that provide such ground transportation services for such packages (\u201cDriver Partners\u201d).\u00a0 Users and Driver Partners can connect by accessing the PINDAHMAN App to make arrangement for deliveries.<\/p><p>This PINDAHMAN User Agreement, together with the\u00a0<strong>PINDAHMAN General Terms of Use<\/strong>, governs the terms and conditions of the business relationship between you as the User and PINDAHMAN Sdn. Bhd. (the \u201cCompany\u201d) with respect to your use of the PINDAHMAN App.\u00a0 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.<\/p><p>In this Agreement, the word \u201cServices\u201d means the\u00a0provision 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.<\/p><p>The word \u201cShipments\u201d refers to items, documents or parcels that mutually agreed and arranged between Users and Driver Partners, under the PINDAHMAN App.\u00a0 \u201cShipment Delivery\u201d refers to the service whereby a Driver Partner delivers the Shipment that was agreed upon according to the User\u2019s specifications.<\/p><p>NOTICE:<\/p><p>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:<\/p><ol><li>User will only be permitted to pursue claims and seek relief against company on an individual basis, not as a plaintiff or class member in any class, collective, representative, or consolidated action or proceeding; and<\/li><li>User is waiving its right to seek relief in a court of law and to have a jury trial on your claims. The Arbitration Agreement could affect your right to participate in pending class litigation.<\/li><\/ol><p>By clicking \u201cAgree\u201d to this Agreement, you as the User has admits that<\/p><ul><li>You have read and understand the terms of the Agreement;<\/li><li>You agree and accept to comply with the terms of the Agreement;<\/li><li>You are at least the age of Legal Majority in your country or otherwise legally competent to enter into contracts.<\/li><\/ul><p>If you do not accept or agree to any of the terms of this Agreement, Do Not use the PINDAHMAN application.<\/p><p>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 \u201cthe parties\u201d) agree as follows:<\/p><ol><li><strong><u>SERVICES<\/u><\/strong>:<\/li><\/ol><p>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.\u00a0<\/p><p>The following restrictions apply:<\/p><ul><li>The PINDAHMAN App and the Services are strictly limited to transportation of goods and materials by using ground transportation.\u00a0 User will not attempt to transport animals or persons.<\/li><li>All Services are for lawful purposes only. User will not use the Services offered by PINDAHMAN for sending or storing any unlawful shipments or materials or for the purpose of deceptive or fraudulent.\u00a0 User will not engage in actions or conducts that harms other Users and Driver Partners.<\/li><li>User will not allow others to access or to have access to User\u2019s personal account. It is the User\u2019s responsibility to take care of the User\u2019s account access and password.\u00a0 Any action taken by a User\u2019s account shall be deemed to be an action of the User themselves.\u00a0User will not access another User\u2019s or Driver Partner\u2019s account or mobile device, impersonate any person or use others\u2019 entity, or manipulate headers or forge or disguise identifiers the origin of any content, shipments or materials transported through the Services. User will not use the Services to cause inconvenience, annoyance or nuisance.<\/li><li>User will not transport any <strong>dangerous materials<\/strong>. \u201cDangerous materials\u201d means are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as <strong>hazardous materials<\/strong> (abbreviated as <strong>HAZMAT<\/strong> \u6216 <strong>hazmat<\/strong>). The term includes but not limited to hazardous substances, , hazardous wastes, marine pollutants, elevated temperature materials, flammable liquids and solids; aerosols or compressed gas; explosives; fireworks; \u201cdangerous when wet\u201d materials; combustible liquids; poisonous gas and materials; radioactive materials; toxins etc..<\/li><li>With reference to local \/ country law or regulations, User will not transport alcohol or tobacco products as part of its Shipment if it is prohibited by local \/ country law or regulation.\u00a0 If local \/country laws or regulations permit the transportation of alcohol and\/or tobacco products, User shall be permitted to deliver alcohol and\/or tobacco products.<\/li><\/ul><ol start=\"2\"><li><strong><u>RELATIONSHIP OF USER, COMPANY AND DRIVER PARTNER<\/u><\/strong><u>:\u00a0<\/u><\/li><\/ol><ul><li>User acknowledges and agrees that User, the Company and the Driver Partner are independent parties. No employment, representative or agency relationship if formed between the User, the Company and the Driver Partner with the User\u2019s use of the Services.<\/li><li>User acknowledges and agrees to PINDAHMAN\u2019s privacy policy, that the Company has the right to disclose the User\u2019s information to the Driver Partners for the purposes of carrying out the Shipment request.<\/li><li>The User acknowledges and agrees that the Company reserves the right to restrict the User\u2019s access to the PINDAHMAN User\u2019s account if the User breaches any of the platform\u2019s rules, regulations, privacy policies or any other policies of the Company or in accordance with any business adjustments.<\/li><\/ul><ol start=\"3\"><li><strong><u>USER\u2019S REPRESENTATIONS AND WARRANTIES<\/u><\/strong>:<\/li><\/ol><ol><li style=\"list-style-type: none;\"><ul><li>The User is authorized to make ground transportation arrangement as the User warrants that it is either the owner or authorized person of the owner of the goods and materials. The User warrants that it has accepted these terms not only for the User but also as representative for and on behalf of the owner of the goods and materials that transport under PINDAHMAN platform.<\/li><li>User understands and acknowledges that the Driver Partners will be directed by your instructions to transport the Shipments to the designated location for delivery. You agree that neither the Driver Partner nor the Company holds ownership or interest in any of your Shipments that has requested via the PINDAHMAN platform.<\/li><li>User warrants that before entrusting Driver Partner with the Shipment, User will verify the Driver Partner\u2019s identity by confirming the following: the vehicle\u2019s license plate; the Driver Partner\u2019s license and the condition of the vehicle. User warrants that the User alone will decide whether or not to accept the Driver Partner for a specific Shipment.<\/li><li>User shall provide accurate, sufficient and executable instructions or orders Any extra costs arise from the dispute between information provided by the User and the actual situation or facts involved shall be borne by the User. Any amendment or changes to a User\u2019s instructions or orders may trigger any changes on pricing must be approved and updated in the PINDAHMAN Application.\u00a0<\/li><li>User warrants that it has complied with all laws and regulations relating to the packaging, condition, handling, nature and carriage of the goods and materials of the Shipments. User shall not transport any Shipment that is prohibited by law, dangerous or hazardous materials, radioactive material and perishable substance. The Driver Partners has the right to refuse to accept. User is liable for any damages or loss (including physical damages, personal injuries, financial damages or losses, and revenues lost, or any other damage or loss) that suffered by any third-party as a result of a User\u2019s breach of these Terms. User acknowledges that Driver Partners will not open and inspect Shipments; therefore the Driver Partner and PINDAHMAN shall not be responsible for the transportation of special goods.\u00a0The Company, Driver Partners, shall not bear any responsibility or any legal liability resulting from the transportation of Shipments.<\/li><li>User shall ensure that Shipments are adequately and properly packaged as to protect against damage to the Shipments transportation or loading \/ unloading process. In particular, for Shipment of a fragile nature, that Shipment shall be packed in a container or case with sufficient durability and strength and it shall be encased with sufficient and suitable protective materials inside that case or container to ensure that the Shipment is guarded against damage that may result from any force, pressure or blows to which delivery items are usually subject during the course of delivery and that such fragile Shipments shall bear with the word \u201cFRAGILE\u201d prominently displayed in capital letters on all of the surfaces of the case or container and above the address of the named addressee.\u00a0<\/li><li>User warrants that Shipments are adequately and properly packed to prevent damages during transportation or loading \/ unloading process, and also no Shipments can be removed without a case, box, wrapper or container being torn or broken, or a seal being broken or adhesive surfaces being forced opened or parted.<\/li><\/ul><ul><li>User shall ensure that Shipments are adequately and properly packaged as to protect against damage to the Shipments transportation or loading \/ unloading process. In particular, in the case of a Shipment that is susceptible to damage by bending, that Shipment shall be packed in a container or case with sufficient durability and strength to prevent the shipment from being bent or otherwise damaged during the course of transportation, loading \/ unloading process. Such container or case shall bear the words \u201cDO NOT BEND\u201d prominently displayed in capital letters on all the surfaces of the container or case and above the address of the named addressee.<\/li><li>The Company shall not be responsible to provide any protective service for the transportation services of perishable commodities or commodities that requires special protection from heat or cold. Such commodities will be accepted for transportation solely at the User\u2019s risk for any damages arising from the transportation process.<\/li><li>The User acknowledges and agrees to provide all necessary information for each Shipment, including but not limited to:<ol><li>The User\u2019s name, address (including the postal code) and telephone number;<\/li><li>The Recipient\u2019s name, delivery address (including the postal code) and telephone number;<\/li><li>Any\u00a0special precautions to be taken in respect of the Shipment e.g. \u201cFRAGILE\u201d, \u201cDO NOT BEND\u201d, \u201cPERISHABLE\u201d etc.;<\/li><li>Any applicable delivery instructions, including whether a signature is required, whether the Shipment can be left unattended, etc.;<\/li><li>Payment Card details, as to where the payment for the Shipments can be billed.\u00a0 (See \u201cPayments\u201d below).\u00a0<\/li><\/ol><\/li><\/ul><ul><li>In the event that the Recipient is absent from the address specified by the User, no other person or representative is present to accept the Shipment, and no further instructions have been provided by the User, the Driver Partner will contact the User (via PINDAHMAN in-app live chat function) to return the Shipment to the User or to request for further instructions on how to proceed with the undelivered Shipment. As a last resort, if Driver Partner is unable to contact both Sender or Receiver after 15 minutes, Partnered Driver shall contact our customer service for further assistance and solution. [in the event Driver Partner unable to contact the User, the Shipment will be delivered to Company\u2019s local office and the charge for this additional Shipment storage and re-delivery cost will be borne by the User. Should a re-delivery of Shipment is needed; a new order will be placed and billed.]<\/li><li>\u00a0<\/li><li>The User understands and agrees that pursuant to the\u00a0GENERAL TERMS AND CONDITIONS, DISPUTE POLICY, CANCELLATION POLICY and other related policies of PINDAHMAN, the User will subject to additional fees or charges in the event that the User makes the Driver Partner wait for ten minutes or more for a Shipment.\u00a0 In addition, the User understands that it may be subject to a cancellation fee (up to 50% of the Shipment total) if the Shipment is not cancelled within five (5) minutes after order confirmation of an immediate order or within thirty (30) minutes after a scheduled pick up is confirmed for scheduled orders.\u00a0\u00a0<\/li><\/ul><ul><li>The User acknowledge and accepts that for delivery request for midnight delivery (12 midnight until 6:00a.m.) a midnight surcharge is applicable to the order. The amount of the midnight surcharge will be stated in PINDAHMAN application.<\/li><\/ul><ul><li>The User accepts that the Driver Partner cannot allow passengers to be on board to the driver partner\u2019s vehicle as the Services provided is strictly cover the delivery of Shipments and not any passengers.<\/li><li>The User understands and agrees that the Company has make its reasonable efforts to confirm the driving history of the Driver Partners and recognizes that the Company is not, and cannot be, responsible for a Driver Partner\u2019s failure (whether intentional or unintentional) to disclose or update the Company as the Driver Partner\u2019s driving history changes.\u00a0 The User agrees that it is not the Company\u2019s responsibility to continue to confirm the accuracy of the Driver Partner\u2019s driving history.<\/li><\/ul><ul><li>The User understands and agrees that when the Company has any referral program or other promotion \/ marketing activities, the Company shall not review the amount of platform fee. The User that participates in the program or activities agrees that to accept all terms and conditions, including fees that were set by the Company.<\/li><li>For all Shipments arranged through the PINDAHMAN App, Users agree to make all payments to Driver Partners through the PINDAHMAN App except pre-arranged cash payment customers. However Users are encouraged to make payment through the PINDAHMAN Application.<\/li><\/ul><\/li><\/ol><ol start=\"4\"><li><strong><u>PAYMENT<\/u><\/strong><u>:<\/u><\/li><\/ol><p>User understands and agrees that by utilizing the Service, it is agreeing to pay for the Shipment Delivery service fee.\u00a0 The User understands and agrees that the prices displayed to User while placing an order are provided for reference as estimation only.\u00a0 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.\u00a0 Once the payment is made, the User is deemed to have accepted the price.<\/p><p>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.\u00a0 Once a User confirm an order, the Company will place a charge on the payment card account that was provided by User or User\u2019s e-wallet account in an amount equivalent to 100% of the applicable standard charges, applicable taxes, any additional charges, and a gratuity (a \u201cTips\u201d, if applicable) to the Driver Partner. The Company reserves the right to change its prices charged at any time, at its discretion.<\/p><p>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\u2019s account for payment to the Driver Partner.\u00a0 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.\u00a0 The Company has sole discretion to select and determine the third-party processing company.\u00a0 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\u2019s e-Wallet and use balances in the e-wallet for payment for Shipment Delivery fees.<\/p><p>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\u2019s vehicle and ends at the point when the vehicle has reached the designated address.\u00a0 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.<\/p><ol start=\"5\"><li><strong><u>PROMOTIONS \/ MARKETING ACTIVITY<\/u><\/strong><\/li><\/ol><p>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.\u00a0The Company shall not review the internal information such as platform fee.<\/p><ol start=\"6\"><li><strong><u>INTELLECTUAL PROPERTY RIGHTS<\/u><\/strong><u>:<\/u><\/li><\/ol><p>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 \u201cIntellectual Property\u201d) 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.<\/p><p>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.<\/p><ol start=\"7\"><li><strong><u>INDEMINFICATION AND LIMITATION OF LIABILITY<\/u><\/strong><\/li><\/ol><p>User agrees to indemnify, defend and hold harmless Company, as well as its past and present successors, assigns, officers, directors, owners, employees, and agents (\u201cPINDAHMAN Indemnitee\u201d) 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\u2019 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\u2019s (or User\u2019s agent\u2019s, employee\u2019s or subcontractor\u2019s)<\/p><p>(i) breach or violation of any of the terms of the Terms and Conditions, policies, law and regulations;<\/p><p>(ii) conduct with respect to the PINDAHMAN App, technology platform, Services, and\/or Shipment Deliveries;<\/p><p>(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;<\/p><p>(iv) disclosure of \u201cConfidential Information\u201d;<\/p><p>(v) wrongdoing, violation of policy, violation of law or other misconduct. Under Driver Partner\u2019s duty to defend, Company shall be entitled to use its own counsel.<\/p><p>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\u2019s drivers or employees.\u00a0 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.\u00a0 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.\u00a0 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.<\/p><p>User further agrees and acknowledges that it will not and cannot hold the Company liable for any issues beyond the Company\u2019s 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\u2019s direct control.<\/p><p>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\u2019s 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.<\/p><p>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.<\/p><ol start=\"8\"><li><strong><u>THIRD PARTY SITES AND SERVICES<\/u><\/strong><\/li><\/ol><p>To improve and enhance our service to you, we may choose various third-party websites (\u201cThird Party Site\u201d) 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.<\/p><p>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.<\/p><ol start=\"9\"><li><strong><u>SUSPENSION AND TERMINATION OF SERVICES<\/u><\/strong><\/li><\/ol><p>This Agreement starts on the date accepted by User and continues until User\u2019s 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.<\/p><p>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.<\/p><p>II. This Agreement may be terminated by either Company or User: (a) without cause upon 10-day&#8217;s prior written notice; (b) immediately, without notice, for the other party\u2019s material breach of this Agreement;<\/p><p>III. Upon termination of the Agreement, the Company will disable User\u2019s access to PINDAHMAN and the User shall immediately delete and fully remove the PINDAHMAN App from any of User\u2019s Devices.<\/p><p>Termination will not limit any of Company\u2019s other rights or remedies.\u00a0 The provisions of this Agreement shall survive any termination of services.\u00a0 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.<\/p><p>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,\u00a0 you may discontinue using the Platform and\/or the Services.<\/p><p>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:<\/p><ul><li>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);<\/li><li>cancel or deduct Credits, Points, Coupon and\/or Voucher;<\/li><li>cancel or deduct all other benefits which may be provided to you as a User;<\/li><li>restrict\/limit the use of all or part of the Services and\/or the Platform;<\/li><li>deny or decline any new application for membership submitted by you within one (1) month from the date of termination;<\/li><li>disallow the use of your previous Member ID for any new User account applied for by you, at our sole and absolute discretion; and\/or<\/li><li>claim for compensation or damages to the Company<\/li><\/ul><p>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.<\/p><ol start=\"10\"><li><strong><u>ARBITRATION AGREEMENT<\/u><\/strong><\/li><\/ol><p>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.<\/p><p>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 (\u201cAIAC\u201d) 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.<\/p><ol start=\"11\"><li><strong><u>MODIFICATIONS<\/u><\/strong><\/li><\/ol><p>The Company reserves the right to modify the terms of this Agreement from time to time.\u00a0 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).\u00a0 We encourage you to review these terms periodically to stay informed about our practices.\u00a0 Whenever we make changes to these terms, they are effective when the revised terms are posted unless we notify you otherwise.\u00a0User 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.<\/p><ol start=\"12\"><li><strong><u>SEVERABILITY<\/u><\/strong><\/li><\/ol><p>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.\u00a0In 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.<\/p><ol start=\"13\"><li><strong><u>ENTIRE AGREEMENT<\/u><\/strong><\/li><\/ol><p>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\u2019s General Terms and Condition, Cancellation Policy, Dispute Policy and other PINDAHMAN\u2019s terms and policies.<\/p><ol start=\"14\"><li><strong><u>NO WAIVER<\/u><\/strong><\/li><\/ol><p>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.<\/p><ol start=\"15\"><li><strong><u>ELECTRONIC DOCUMENTS<\/u><\/strong><\/li><\/ol><p>You also agree to consent to the use of an electronic record to document your agreement with the Company.\u00a0 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 \u201cRevoke Electronic Consent\u201d in the subject line.<\/p><ol start=\"16\"><li><strong><u>GOVERNING LAW<\/u><\/strong><\/li><\/ol><p>These Terms and Conditions shall be governed by and construed in accordance with Malaysian law.<\/p><p>You irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.<\/p><ol start=\"17\"><li><strong><u>SUCCESSORS<\/u><\/strong><\/li><\/ol><p>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.<\/p><ol start=\"18\"><li><strong><u>CAPTIONS<\/u><\/strong><\/li><\/ol><p>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.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-e8a79d1 e-flex e-con-boxed e-con e-parent\" data-id=\"e8a79d1\" data-element_type=\"container\" data-settings=\"{&quot;content_width&quot;:&quot;boxed&quot;}\" data-core-v316-plus=\"true\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-929013e elementor-widget elementor-widget-heading\" data-id=\"929013e\" data-element_type=\"widget\" data-widget_type=\"heading.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t<h4 class=\"elementor-heading-title elementor-size-default\"><u>\u7ea0\u7eb7\u653f\u7b56<\/u><\/h4>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t<div class=\"elementor-element elementor-element-112160d e-flex e-con-boxed e-con e-parent\" data-id=\"112160d\" data-element_type=\"container\" data-settings=\"{&quot;content_width&quot;:&quot;boxed&quot;}\" data-core-v316-plus=\"true\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-833fb40 elementor-widget elementor-widget-text-editor\" data-id=\"833fb40\" data-element_type=\"widget\" data-widget_type=\"text-editor.default\">\n\t\t\t\t<div class=\"elementor-widget-container\">\n\t\t\t\t\t\t\t<ol><li><strong>Dispute Terms<\/strong><\/li><\/ol><p>\u201cDisputes\u201d 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.<\/p><p>Disagreements may rise during the transportation journey or after the goods or items are being delivered.\u00a0 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.<\/p><p>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.<\/p><p>Shall the disputes happened due to the User\u2019s booking with inaccurate information, as stated below but not limited to:-<\/p><p>\u00a0<\/p><ul><li>Dispute in weight\/size (the item is not able to carry by selected vehicle or number of selected moving helper)<\/li><li>Dispute in item (the item is different from the photo shown in PINDAHMAN application)<\/li><li>Dispute on booking of manpower (the item is not able to be carried by the moving helper booked, required more moving helper)<\/li><li>Dispute on booking of vehicle type (the items are not able to carry the vehicle booked in one journey)<\/li><\/ul><p>For cases that dispute due to User\u2019s 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.<\/p><p>Shall the disputes happened due to negligence of the Driver Partner, as stated below but not limited to:-<\/p><ul><li>Dispute on goods delivered (Security sticker damaged or teared \/ Condition of packaging is broken)<\/li><li>Dispute on pick-up or delivery timing<\/li><\/ul><p>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.<\/p><p>\u00a0<\/p><ol start=\"2\"><li><strong>\u7ea0\u7eb7\u653f\u7b56<\/strong><\/li><\/ol><p>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.\u00a0 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.\u00a0<\/p><p>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.<\/p><p>\u00a0<\/p><p>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.<\/p><p>For dispute cases related to insurance, the dispute will be managed according to the relevant dispute process with the respective third party service provider.<\/p><p>In the case of any dispute due to the User\u2019s dispute, a dispute fee may be applicable, the amount payable will be deducted from User e-wallet.<\/p><p>For disputes due to the Driver Partner\u2019s negligence, shall a dispute fee is applicable; the amount payable will be deducted from the Driver Partner\u2019s e-wallet.<\/p><p>\u00a0<\/p><ol start=\"3\"><li><strong>Valuable items<\/strong><\/li><\/ol><p>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\u2019 value based on market value or an amount up to a maximum of RM200 ONLY (subject to terms and conditions).<\/p><p><strong>\u00a0<\/strong><\/p><ol start=\"4\"><li><strong>Dispute Process<\/strong><\/li><\/ol><p>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.<\/p><p>\u00a0<\/p><p>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:<\/p><ul><li>Booking details, including booking number<\/li><li>Packing list<\/li><li>Invoice of item or goods (if any)<\/li><li>Photos of the item and packaging<\/li><li>Any related additional information and\/or documents<\/li><\/ul><p>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:<\/p><ul><li>Booking details including booking number<\/li><li>User name<\/li><li>User\u2019s claim<\/li><li>Dispute amount<\/li><li>All relevant additional information &amp; documentation<\/li><\/ul><p>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:<\/p><ul><li>Any pictures taken of the item \/ goods delivered<\/li><li>Any supporting documentation related to the dispute claim<\/li><\/ul><p>The PINDAHMAN Customer Service Team shall revert to the User up to 14 business days to acknowledge receipt (completion) of documentations.<\/p><p>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.<\/p><p>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.<\/p><p>The PINDAHMAN Customer Service Team will notify the User and the Driver Partner of the outcome of the dispute process within 14 business days.<\/p><p>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.<\/p><p>\u00a0<\/p><ol start=\"5\"><li><strong>Note<\/strong><\/li><\/ol><p>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.<\/p><p>\u00a0<\/p><p>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.<\/p><p>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.<\/p><p>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.<\/p><p>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.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"<p>PINDAHMAN User Agreement Welcome to the PINDAHMAN Application (\u201cPINDAHMAN\u201d), the leading platform that connects businesses and individuals seeking delivery service for documents, packages and bulky items (\u201cUsers\u201d) and businesses that provide such ground transportation services for such packages (\u201cDriver Partners\u201d).\u00a0 Users and Driver Partners can connect by accessing the PINDAHMAN App to make arrangement for&#8230;<\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_joinchat":[],"footnotes":""},"class_list":["post-4387","page","type-page","status-publish","hentry"],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v21.7 (Yoast SEO v21.7) - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>User Agreement | Sewa Lori Pindah Rumah Sabah | Pindahman Apps<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/pindahman.com\/zh\/user-agreement\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta 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