Terms of Services

This agreement (“this Agreement”) describes the terms on which DAQ Global Sdn. Bhd., (“Company”) offers access to its website www.daqtruck.com (the “Site”) and the associated mobile application (“Mobile App”). The Company helps to connect Shippers and Carriers for the shipment of local freight and cargo by providing an online and mobile platform (the “Service”) whereby Shippers can submit a request for the transportation of freight or cargo (“Shipment”) and Carriers can accept such Shipment request, and both Shippers and Carriers can track such request. The Service includes access to all applications, content and downloads offered by the Company, including the Site, the Mobile App, and associated user content. The Company does not assess the suitability, legality, regulatory compliance, quality or ability of any Carriers, Shippers, shipped items and shipping services scheduled through the use of the Service, and the Company makes no warranty regarding the foregoing.

This Agreement sets forth the terms for use of the Service. By accessing or using the Service, you are accepting this Agreement, on behalf of yourself or the company, entity or organization that you represent, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, on behalf of yourself or the company, entity or organization that you represent. You may not access or use the Service or accept this Agreement if you are not at least 18 years old. Use of the Service is conditional on your agreement to all of the terms and conditions contained in this Agreement, including the policies and terms linked to or otherwise referenced in this Agreement, all of which are hereby incorporated into this Agreement. If you do not so agree with any or all of the provisions of this Agreement, you shall not access or use the Service.

“Carrier”

‘Carrier’ an incorporated company with authority issued by APAD for operators in Peninsular Malaysia, in accordance with the Commercial Vehicles Licensing Board Act, 1987 to haul freight for third parties. The term includes a Carrier’s drivers, whether employees or independent contractors, as well as a Carrier’s agents, officers and representatives.

A Carrier who accesses or uses the Service is an independent contractor and remains solely responsible for screening, selecting, hiring, training, supervising, managing, assigning, and dispatching drivers. A Carrier is solely responsible for the inspection and maintenance of motor vehicle equipment and accessories. Carrier is solely responsible for its own actions, omissions, training, oversight, compliance with regulatory and safety requirements, and all management of Carrier’s equipment, services, drivers, employees, contractors, agents and servants.

A Carrier maintains sole control over the methods and results by which it performs freight transportation services, and retains the sole duty to provide, maintain, manage and control the equipment, personnel, and expertise required to transport a Shipper’s freight.

The Company is not an agent for any Carrier. No Carrier is ever an agent for the Company.

The Company is not a Carrier. No interpretation of written or oral remarks in any agreement or document shall be construed to imply the Company is a Carrier, or that the Company is subject to the regulatory or legal requirements or liabilities of a Carrier.

The Company does not take possession, custody or control of any freight. The Company does not assume any possessory rights or obligations, nor assume any financial responsibility whatsoever, for freight, including loss and damage liability.

The Company offers a platform to connect Shippers and Carriers, but does not provide shipping services or act in any way as a Carrier. It is up to the Carrier to provide shipping services, which may be scheduled through the use of the Service. The Company has no responsibility for any shipping services provided to Shippers by such Carriers.

“Shipper”

A ‘Shipper’means the individual, organization, company or other entity that holds the ownership, possession and/or rights to the Shipment cargo or freight or any person acting on behalf of such owner or any person legally interested in the Shipment cargo or freight and is authorized to or be entitled to the rights or obligations under this this Agreement or any other agreement concluded with the Company. The Shipper is a person or entity who seeks the transportation of freightby a licensed Carrier. The Company is not an agent for the Shipper.

“User”

A User is any individual or company who accesses or uses the Service. This individual may be a Carrieror a Shipper.

DESCRIPTION OF SERVICES

Shipment Requests

Shipper may submit a Shipment through the Service. Shipper will provide the following information aspart of requesting a Shipment:

The origin and destination addresses for the Shipment;
The requested dates for pickup and delivery of the Shipment;
A description of the freight or cargo being transported as part of the Shipment (including weight,dimensions and value);
The specific equipment requirements; and
Any other relevant information about the Shipment.

Request for and acceptance of Shipment

Shipper may perform Shipment Request on the Service and select the preferred Carrier to perform the Shipment. Selected Carrier(s) may accept the Shipment Request through the service. The Carrier will be assigned to perform the Shipment once an agreed consideration is successfully transferred by the Shipper to the Carrier via the Company’s third-party payment processor. Carrier and Shipper will be notified on the acceptance of the Shipment from the Service. The Company does not guarantee that a Shipment will be accepted by a Carrier, or a revert of Shipment Request will be accepted by a Shipper.

Cancellation of the Shipment

Compliance With Laws

Carrier represents and warrants that:

it is duly registered with APAD as a for-hire motor carrier of property in accordance with the Commercial Vehicles Licensing Board Act, 1987;
it shall perform all Shipment and related services provided pursuant to this Agreementin full compliance with all applicable federal, state and local laws, rules, regulations and ordinances, including but not limited to all rules and regulations promulgated by the APAD, CLVB and all other Federal and State agencies and departments having jurisdiction over the transportation services to be performed by Carrier;
it shall defend, indemnify and hold the Company and its customers including the Shippers harmless from and against any and all fines, penalties, judgments, liabilities, expenses and costs of any nature resulting from Carrier’s failure to comply with all such laws, rules, regulations and ordinances; and
It shall not at any time accept Shipment if it receives any negative safety or roadworthy evaluation from APAD, PUSPAKOM or any state authority or agency with jurisdiction over the Carrier and its operations, and it shall forthwith notify the Company or any such negative safety or roadworthy evaluation.

Independent Contractor

This Agreement does not make Carrier an agent, legal representative, joint venture, or partner of the Company for any purpose. It is understood by Carrier that Carrier is to act as an independent contractorand is in no way authorized to make any contract, warranty or representation on behalf of the Company, orto create any obligation express or implied on behalf of the Company. It is expressly agreed and understoodby Carrier that Carrier shall not be considered under this Agreement as having any employment statuswith the Company, or as being entitled to any plans, distributions, or benefits extended by the Company to itsemployees.

Shipper’s Responsibility:

Representations and Warranties

Shipper hereby represents and warrants as follows:

It holds the ownership of the cargo, or has the authority or right to transport such cargo, in any request for Shipment;
It shall use the Service or request for any Shipment at its own risk and agrees that the Company shall not be held liable for any claims, demands, loss or damages related to any Shipment or its cargo;
It shall be solely responsible for obtaining any insurance to cover any anticipated damage or loss in respect of the Shipment and its cargo;
It shall not use the Service for or request for any Shipment of any cargo that is illegal, dangerous, hazardous, harmful, unsafe, offensive or objectionable;
It will not use the Service to ship high-value electronics, perishable goods or hazardous materials;
It owns the shipped items, freight or cargo, or have the necessary rights to ship such items;
All goods moved using the Company’s service have been properly, safely and sufficiently packed and/or prepared;
It uses the Service to transport freight or cargo at their own risk and agrees that the Company will not be liable for the loss of any shipped items;
Requested pick-up and delivery dates and hours by the Shipper will not require the Carrier to violate hours of service regulations under applicable law;
It acknowledges and agrees that the tracking of the Shipment through the Service does not guarantee that such Shipment shall be delivered on the requested drop-off date and time; and
It acknowledges and agrees that the Company is not a carrier and as such, shall not be liable for any Shipment or its cargo.

Failure to Receive Cargo at Drop-Off Address

In the event of any dispute arising over the control of the cargo upon arrival at the drop-off address which results in the failure of the authorized recipient to receive the cargo or if the Shipment and its cargo are stopped in transit, the Shipper shall continue to be liable for any subsequent or recurring costs and expenses which shall be incurred from the date of such dispute and shall indemnify the Company.

In such an event, the Carrier may at its discretion arrange for the cargo to be stored at the most convenient destination pending final instructions from the Shipper or the authorized recipient, and such additional costs and expenses shall be borne by the Shipper.

Any negotiation and/or correspondence between the Carrier and the Shipper’s authorized recipient or its representative in any attempt to complete the receipt of the cargo and/or to resolve any such dispute are conducted by the Carrier and the Shipper themselves. The Company reserves the final decision and its sole discretion to decide the liability of all the costs incurred for the said dispute.

Payment

Upon making a request for Shipment on the Service, Shipper shall pay to the Company the price as stated on the Service which shall include the Sales and Services Tax (SST) or any such similar applicable tax (“Shipment Charge(s)”). Shipper shall further pay to the Company any additional charges which may be incurred during the performance of the Shipment, which are not anticipated and are not included in the Shipment Charges, as may be charged by the Carrier to the Shipper, including but not limited, any detention or waiting time beyond ninety (90) minutes, any overnight storage due to the failure of the authorized recipient to receive the cargo from the Carrier, and any differences between the actual Shipment or its cargo from the information provided by the Shipper through the Service.

The Carrier may amend the pricing stated on the Service at its sole discretion without further notice to the Users. Shipper acknowledges and agrees that the Shipment Charges quoted on the Service for each Shipment may be amended at any time without notice until and unless the Shipper successfully completed the transaction of the Shipment Charges. Shipper further acknowledges and agrees that any Shipment Charges quoted may not apply to any future Shipment.

Once a Shipment Charge has been successfully processed, the Company shall notify Shipper of such successful transaction and shall make the records of each such transaction available to the Shipper on the Service. The Company shall provide Shipper with an electronic receipt on the Service which may be saved or printed for the Shipper’s records purposes.

Shipper represents and warrants that it has the right or authority to use the credit card or any other means of payment used in the transaction of the Shipment Charges. Shipper further represents and warrants that all information provided to the Company’s third party payment processor or the Company itself shall be current, complete and accurate. Shipper shall forthwith notify the Company of any change in any such information, including any change in Shipper’s billing address.

Shipper represents and warrants that it shall not circumvent in whatsoever way any payment for any scheduled or completed Shipment.

All payments shall be made in Malaysian Ringgit. All payments shall be made to the Company immediately upon making each request for Shipment without deduction and shall not be withheld or deferred on account of any claim, counterclaim or set-off.

Shipper shall notify the Company of any discrepancy on any payments or invoices within seven (7) days from the date of such invoice, failing which all such invoices shall be deemed correct and shall be payable to the Carrier and no further queries shall be entertained.

Shipment Charges are non-refundable. Shall there be any dispute, Shipper may email the Company at daqtruck@gmail.com along with the relevant proofs to the said dispute.

The Company will not guarantee a refund and The Company is entitled to, at its sole discretion, to approve or reject the dispute or request from Shipper.

Remittance

The Company shall make payment to Carrier at bi-monthly intervals (15^th and 30^th), and the Company will remit the payment to Carrier on the nearest bi-month after a lapse of 14 days. During the period of 14 days, the Company reserve the right to refund the payment to Shipper shall there be dispute arose and finalised as the Carrier liability for the costs of Shipment due to non-compliance or whatsoever.

The Company shall have the full authority to collect payment on behalf of Carrier.

TERM OF AGREEMENT

This Agreement will remain in full force and effect while you use the Service.

The Company may at anytime terminate this Agreement in its sole discretion if:

User has breached any provision of this Agreement (or have acted in a manner that clearly shows User does not intend to, or are unable to, comply with this Agreement);
the Company is required to do so by law (for example, where the provisionof the Service to you is, or becomes, unlawful);
the Company has elected to discontinue the Service; or
for your poor performance as a Shipper or Carrier in the Company’s sole discretion.

Changes to Agreement

The Company reserves the right to review, update and amend this Agreement as it deems fit.

In the event of any material changes made to this Agreement, the Company shall notify User byelectronic mail, or other means of written communication, before the User’s next use of thechanges on the Service.

Any changes to this Agreement will be effective upon the earlier of the following:

the date User accepts the new terms; or
thirty (30) calendar days following User’s receipt of the notice of the changes.

These changes will be effective immediately for new Users of the Service. Continued use of the Service following notice of such changes shall indicate a User’s acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Disclaimer

The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.

The Company makes no warranty that the Service:

will meet User’s requirements or expectations;
will be available on an uninterrupted, timely, secure, or error-free basis;
will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; or
will result in any revenue, profits, or cost reduction.

The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company shall not be responsible for any delays, delivery failures or other damages resulting from such problems.