TERMS AND CONDITION OF IT’S4U DELIVERY

1. OVERVIEW

This website is operated by MY WONDER FLAIR SDN BHD. Throughout the site, the terms “we”, “us” and “our” refer to MY WONDER FLAIR SDN BHD. MY WONDER FLAIR SDN BHD offers this website www.its4udelivery.com , including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms and Condition carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Condition by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.



2. GENERAL TERMS OF USING THE SERVICES

• 2.1 The correct order details shall be provided upon order making e.g.: Name of recipient, Contact number and delivery address.
• 2.2 All parcels/items for delivery should not be more than 20kg.
• 2.3 Special precautions to be taken in respect of the delivery item e.g.: {FRAGILE}, {PERISHABLE}, {DO NOT BEND} and etc
• 2.4 If the recipient is found to be absent from the address specified by the sender and no other person is present to take the Delivery Item, the operation team will contact you as the Sender notice by contacting the e-mail and/phone number provided at the time the order was made to request further instructions on how to proceed with the Delivery. In the event if the Sender cannot be contacted either, you authorize us to decide on your behalf as we deem appropriate.
• 2.5 Sender is fully responsible for proper packing, we will not accept liability damage or breakage caused by poor packing. The sender shall ensure that the item is adequately packed.
• 2.6 If in any event, the Company is unable to provide the Services, the Company will inform the Client as soon as reasonably possible by contacting via e-mail or phone number provided at the time the order was made.
• 2.7 Sender is required to submit damage claims within 24 hours of delivery with proper and valid proof or evidence provided.
• 2.8 Any complaints shall be reported to the company within 24 hours with valid proof.
• 2.9 Any claim submission which is submitted after 24 hours will not be entertained.
• 2.10 The Company have the rights to suspend any order made without prior notice. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
• 2.11 You agree to provide current, complete and accurate account information for all signed up accounts. You agree to promptly update your account and other information, including your email address and Contact Number, so that we can contact you as needed.
• 2.12 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice at any time.

3. REGISTRATION

• 3.1 If you are discovered to have registered multiple User Accounts using a single, postal mailing address to abuse the Site or Mobile Application or system, they will be deleted automatically without prior notification.
• 3.2 You, (user of the account) can create only one account and you are not allowed to transfer your account to anyone.
• 3.3 Each person is permitted to register only once, upon which a User Account will be created.
• 3.4 Once registered, you shall be the sole user and operator of your Account.
• 3.5 For registration we may need your accurate and updated information such as; your name, valid email address, contact number and mailing address.
• 3.6 If you are under 18 years of age, you are not allowed to register, you should be 18 years old and above.
• 3.7 The company reserves the right, at its sole discretion, to refuse or revoke registration to any applicant, and we are not obliged to give a reason for doing so.
• 3.8 You warrant that your registration details, including but not limited to your name, mobile number, email address and date of birth, are always true and accurate and that you shall not impersonate any person or entity. You will maintain and promptly update the information in your User Account to keep it true, accurate, current and complete. Our Terms and Conditions shall apply in respect of any such information provided by you.
• 3.9 If you have any questions about the processing of your personal data or about our Terms and Conditions, if you do not accept the amended Terms and Conditions, if you wish to withdraw any consent you have given us at any time, or if you wish to update or have access to your personal data, you are welcome to contact us.

4. PROHIBITED AND RESTRICTED

4.1 YOU (USER OF THE SERVICE) should not deliver any prohibited and restricted item:

• 4.1.1 Drugs.
• 4.1.2 Firearm.
• 4.1.3 Flammable.
• 4.1.4 Explosive.
• 4.1.5 Cash.
• 4.1.6 Chemicals that are poisonous.
• 4.1.7 Or any illegal or The Company believe it’s not acceptable for the delivery.

5. PRICE
MODIFICATIONS TO THE SERVICE AND PRICES

• 5.1 All prices are quoted as per KM(Kilometre).
• 5.2 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
• 5.3 Prices for our service are subject to change without prior notice.

6. PAYMENT & CHARGES

• 6.1 You are not required to pay any delivery fee directly to our riders unless stated otherwise, we do not consider it as a payment for our services if you do so.
• 6.2 Any tips given for the delivery service is not considered as the payment for the delivery.
• 6.3 All the service provided by the company, payment should pay via ONLINE BANKING (unless stated otherwise).
• 6.4 All the payment must be paid to the Company Bank Account ONLY which the Company will provide upon sending the invoice.
• 6.5 There might be charges will be charged for a long wait by the riders upon Pick up/Delivery.

7. CANCELLATION & CHANGES

• 7.1 Any cancellation of confirmed order shall be made before 1 hour from the pickup time.
• 7.2 Upon any cancellation made by the client/customer for any reason, Cancellation fee may be charged if the riders have moved for the pickup or arrived at the pickup destination.
• 7.3 Changes in delivery details after picking up may require additional charges.
• 7.4 In the event of unsuccessful delivery, items will be returned to the sender, return charges will be charged.

8. TERMINATION

• 8.1 We have the rights to terminate the agreement or order for any delivery or transaction immediately where we reasonably believe that the transaction maybe fraudulent, illegal or involves criminal activities.
• 8.2 There shall be 1 (one) month notice provided for any termination of the services by the client to the company by email or writing.
• 8.3 The company have the rights to terminate any client or customer in the event they fail or delay to make or provide the payment for the service which the company provided. (However, the company might consider, in the event if any early notice given to the company).
• 8.4 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
• 8.5 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

9. CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.



10. INTELLECTUAL PROPERTY RIGHTS

Other than content you own, which you may have opted to include on this Website, under these Terms, [IT’S4U DELIVERY] and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.



11. DISCLAIMER

The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.



12. INDEMINTY

You shall always indemnify and keep us indemnified from and against all demands, claims, actions, suits and proceedings incurred, suffered or sustained by us in connection with the Services performed for you, and pay us damages, costs and interest in connection with such demands, claims, actions, suits or proceedings.

13. RESTRICTION

You are expressly and emphatically restricted from all the following:

• 13.1 Publishing any Website material in any media.
• 13.2 Selling, sublicensing and/or otherwise commercializing any Website material.
• 13.3 Publicly performing and/or showing any Website material.
• 13.4 Using this Website in any way that is, or may be, damaging to this Website.
• 13.5 Using this Website in any way that impacts user access to this Website.
• 13.6 Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.
• 13.7 Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website.
• 13.8 Using this Website to engage in any advertising or marketing.

14. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

17. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation, to maintain any comments in confidence, to pay compensation for any comments or to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

18. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:

• 18.1 For any unlawful purpose.
• 18.2 To solicit others to perform or participate in any unlawful acts.
• 18.3 To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
• 18.4 To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• 18.5 To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• 18.6 To submit false or misleading information.
• 18.7 To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
• 18.8 To collect or track the personal information of others.
• 18.9 To spam, phish, pharm, pretext, spider, crawl, or scrape.
• 18.10 For any obscene or immoral purpose.
• 18.11 To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

19. WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

20. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the company and, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

21. SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.