PLEASE READ AND UNDERSTAND THE FOLLOWING TERMS AND CONDITIONS WHICH GOVERN YOUR ACCESS TO AND USE OF OUR WEBSITE icargo2go.com (‘THIS WEBSITE') AND THE PRODUCTS AND SERVICES PROVIDED BY OR THROUGH THE WEBSITE ('SERVICES').
BY ACCESSING THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF AT ANY TIME YOU DO NOT ACCEPT ANY OR ALL OF THESE TERMS & CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE ALL ACCESS TO OR USE OF THIS WEBSITE AND/OR USE OF THE SERVICES.
An agreement is now deemed to be entered into by and between You and CARGO 2GO SDN. BHD. (Company No.1116320-U), a private company with its liability limited by shares incorporated in Malaysia under the Companies Act 1965, with its registered office at 2nd Floor, No. 17 & 19, Jalan Brunei Barat, Pudu, 55100 Kuala Lumpur
All references to “we", "us", "our", or the Owner as the case may be, refers to Cargo2go SDN. BHD.
This Agreement governs your access to and use of our iCargo2go Platform ("Program") and is subject to these Terms and Conditions ("Terms and Conditions"). A description of the Program, as generally offered by us, is available at icargo2go.com or such other URL as we may provide from time to time. "You" or "Publisher" means any entity identified in an enrolment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by this Agreement.
CLAUSE 1. THIS WEBSITE
1.1. This Website and the Services are owned, operated, administered, maintained and developed by us and/or our third party vendors or service providers. Your access to and use of this Website and the Services are governed by this Agreement including any amendment made to this Agreement and any other additional operating policies which we may impose from time to time.
1.2 We reserve the right to make any amendments to this Agreement from time to time. We shall inform you of such amendments by a notice displayed on this Website at least 7 days before such amendment come into effect and after which, your continued access to or use of this Website and/or the Services shall constitute your agreement to and binding acceptance of those amendments.
1.3 You agree and acknowledge that although this Agreement regulates your access to and use of this Website and the Services, the Services shall also be subject to the applicable terms and conditions of any agreement(s) which may govern the subscription and use of the same. As such, this Agreement shall be read in conjunction with the terms and conditions of those other agreements, as and where applicable. Should there be any conflict between this Agreement, and the terms and conditions of those other applicable agreements, the latter shall prevail.
CLAUSE 2. GRANT OF LICENSE
(A) Grant of License by the Owner to you
2.1 You are granted a limited, non-exclusive, revocable, non-transferable license to make personal non-commercial use of the Website, Services and Program including to:
(a) view pages from the Website in a web browser;
(b) download pages from the Website for caching in a web browser;
(c) print pages from the Website;
(d) stream audio and video files from the Website; and
(e) use the Website services by means of a web browser,
subject to the other provisions of these terms and conditions.
2.2 Except as expressly permitted by Clause 2.1 or the other provisions of these terms and conditions, you must not download any material from the Website or save any such material to your computer.
2.3 You may only use the Website for your own personal and business purposes, and you must not use the Website for any other purposes.
2.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Website.
2.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from the Website (including republication on another website);
(b) sell, rent or sub-license material from the Website;
(c) show any material from the Website in public;
(d) exploit material from the Website for a commercial purpose; or
(e) redistribute material from the Website.
2.6 Notwithstanding Clause 2.5, you may redistribute our newsletter in print and electronic form to any person.
2.7 We reserve the right to restrict access to areas of the Website, or indeed the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
CLAUSE 3. REGISTRATION AND ACCOUNTS
3.1 To be eligible for an individual account on the Website under this Clause 3, you must [be at least 18 years of age].
3.2 You may register for an account with the Website by [completing and submitting the account registration form on the Website, and clicking on the verification link in the email that the Website will send to you].
3.3 You must not allow any other person to use your account to access the Website.
3.4 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
3.5 You must not use any other person's account to access the Website, unless you have that person's express permission to do so.
CLAUSE 4. USER LOGIN DETAILS
4.1 If you register for an account with the Website, we will provide you with a user ID and password.
4.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Clause 10; you must not use your account or user ID for or in connection with the impersonation of any person.
4.3 You must keep your password confidential.
4.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
4.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
CLAUSE 5. CANCELLATION AND SUSPENSION OF ACCOUNT
5.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
5.2 If you choose to cancel or terminate your account, you may write to us to request for cancellation.
CLAUSE 6. INTELLECTUAL PROPERTY RIGHTS
6.1. We respect intellectual property and proprietary rights, and expect you to do the same.
6.2 Please note therefore that the Program is our property and protected by intellectual property rights (including but not limited to trade mark and copyright) and that you do not have a right to use the Program (including but not limited to its content) in any manner not covered by this Agreement. Furthermore, you must not infringe any third party’s intellectual property or proprietary rights.
6.3 You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names are trademarks and the property of Cargo2go SDN. BHD. ("Cargo2go Marks"). Without our prior permission, you agree not to display or use in any manner any of the Cargo2go Marks.
6.4 You must not tamper with, remove, deface or alter any copyright, trademark or other intellectual property, privacy, confidentiality or proprietary notices contained on or provided through the Website or Program.
CLAUSE 7. FEES
7.1. While your access to this Website is currently provided free of any fee, you agree and acknowledge that we reserve the sole right and discretion to impose a fee for access to and/or use of this Website or the Services at any time, subject always to our giving you prior notice of such fee.
7.2 You agree and acknowledge that there may be certain Services provided by us, whether existing at present or made available in the future, which require you registering with us in order to access and use those Services. In such instances, you agree and acknowledge that we reserve the sole right and discretion to impose a fee for your registration and/or access to and use of the Services. You shall be duly notified of the relevant fee, if any. Your completion of the registration process, access to or use of the Services shall constitute your agreement and binding acceptance of the same.
CLAUSE 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION IN THE PROGRAM
8.1. We do not claim ownership of any materials, data, communication and/or information (“the Content”) you submit or make available for inclusion in the Program. However, with respect to Content you submit or make available for inclusion in publicly accessible areas of the Program, you grant us the following worldwide, royalty-free, non-transferable and non-exclusive license(s), as applicable:
(a) With respect to Content you submit or make available for inclusion in publicly accessible areas, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Program solely for the purposes of providing and promoting Program to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Program and will terminate at the time you remove or we remove such Content from the Program.
(b) With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Program, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Program solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Program and will terminate at the time you remove or we remove such Content from the Program.
(c) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Program, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Program are those areas of the Website that are intended by us to be available to the general public.
CLAUSE 9. CONFIDENTIAL INFORMATION
9.1. It is our policy to respect and protect your personal date and to not disclose such information given by you pursuant to your access to this Website and use of the Services herein. Accordingly, we will neither edit nor disclose your confidential information unless we are required to do so in accordance with any legislation, laws or regulations, to protect our rights and property, enforce any provision in this Agreement, to provide you with the Services, respond to any claim that the Content violates the rights of another person or as otherwise provided in this Agreement.
9.2 Confidential Information shall mean any information or material which is proprietary to you which is not generally known by us and/or our personnel. Without limiting to the generality of the foregoing, Confidential Information includes but not limited to
(a) personal information such as name, date of birth, identity card and/or passport number, company name, job title;
(b) contact information such as address, phone numbers and email address; and
(c) financial information such as bank accounts, credit cards.
9.3 Notwithstanding the above, we may from time to time, to the extent as we deem fit and necessary, without being liable in any manner whatsoever, disclose your Confidential Information (only in aggregate or demographic form) to our third party vendors, advertisers, affiliates or other relevant parties for their records.
CLAUSE 10. RESTRICTION OF USE
10.1 For the avoidance of doubt, you agree that you shall and will not (without limitation):
(a) copy, reproduce, rip, record, make available or otherwise use any part of the Program in a manner not expressly permitted under this Agreement;
(i) reverse-engineer, decompile, disassemble, modify or create derivative works based on the Program or any part of the Program;
(ii) circumvent any technology which is used by us, by our licensors or by any third party to protect Content accessible through the Program;
(iii) rent, license or lease any part of the Program to any person;
(iv) use the Program in a way that violates the terms of this Agreement; or in access and/or using this Website, the Program and/or the Services, engage in conduct which is prohibited or which constitutes an offence under the laws of the country from which you access this Website.
(b) You agree to take all reasonable care to prevent unauthorized use of the Program. You acknowledge and agree that we may remove or reclaim your username at any time if we consider such action appropriate.
(c) In regard to the Website, you agree that you shall not do the following:
(i) Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(ii) Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(iii) Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(iv) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(v) Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(vi) Violate the directives set out in the robots.txt file for our website; or
(vii) Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
(d) You must not use data collected from our website to contact individuals, companies or other persons or entities.
(e) You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
CLAUSE 11. CONDUCT
11.1 You agree that your access of this Website and use of the Services shall at all times be in accordance with all legislation, laws and regulations governing the same and you shall not, at any time whatsoever, attempt or assist any other person to transmit the Content, through this Website or Services, which is abusive, defamatory, infringes another person's rights, constitutes a criminal offence or gives rise to civil liability, encourages racism, promotes hatred, contains pornography or paedophilia, contains any viruses, malicious code or program or deleterious files and/or is otherwise objectionable to public morals and decency.
11.2 You also agree not to hack or attempt to gain unauthorised access into this Website and the Services, to disrupt the security of its resources, to provide information which is inaccurate or false and/or to otherwise abuse and misuse this Website and the Services. If at any time you discover or suspect the occurrence of any of these activities, you are required to notify us immediately and in failing or delaying to do so, you may also be held liable for the same.
11.3 We are not obliged to monitor or review your access to or use of this Website or the Services. But we may do so from time to time for our own purposes or where we are compelled to do so under this Agreement. In doing so, we reserve the right to edit or delete any Content which violates any of the provisions set out in this Agreement, without notice to you and without any liability to you for doing so.
CLAUSE 12. SUPPORT
12.1 Platform support. We will provide adequate second line support for the Program including answering technical questions directed to e-mail email@example.com
12.2 Platform upgrades. We may release new versions and variations of the Program as new features and improvements are being developed and specific requirements incorporated. We will announce from time to time such upgrades to the Program and support areas through our dedicated website [icargo2go.com].
12.3 New and discontinued Program. We have the right to discontinue the Program and add new versions of the Program.
CLAUSE 13. TERMINATION
13.1 You may terminate your account, any associated e-mail address and access to the Program by submitting such termination request to us.
13.2 You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated e-mail address, and access to the Program. Cause for such termination, limitation of access or suspension shall include, but not be limited to:
(a) any breach or violation of this Agreement or other incorporated agreements or guidelines;
(b) any request we receive from a law enforcement or other government, regulatory, statutory or supervisory body or agency;
(c) discontinuance or material modification to the Program (or any part thereof);
(d) unexpected technical or security issues or problems;
(e) extended periods of inactivity;
(f) engagement by you in fraudulent or illegal activities; and/or
(g) non-payment of any fees owed by you in connection with the Program (if applicable).
13.3 You agree that all termination, limitation of access and suspension shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated e-mail address or access to the Program.
13.4 Termination of your account includes any or all of the following:
(a) Removal of access to all or part of the offerings within the Program;
(b) Deletion of your password and all related information, files and associated with or inside your account (or any part thereof), and
(c) Barring further use of all or part of the Program.
CLAUSE 14. INDEMNITY
You hereby agree to fully indemnify, defend and hold us, our officers, directors, employees, agents and servants harmless against all damages, losses, expenses and costs (including legal costs and disbursements) which we may have suffered or incurred, whether directly or indirectly, in connection with or as a result of your breach of any of the provisions under this Agreement.
CLAUSE 15. LIMITATION OF LIABILITY AND WARRANTY
15.1 We shall not be liable to you for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use, inability to use, or the services, including, but not limited to, lost revenue, lost profits, replacement goods or services, cost of replacement goods or services, loss of technology, data, customer information, rights or services, or interruption or loss of use of service, loss of business hours, information or equipment, even if advised of the possibility of such damages, whether such liability arises from any claim based upon contract, warranty, tort or otherwise.
15.2 The Program may contain or provide access to software and data licensed to us by third party vendors (collectively, “Third Party Products”) and provide access to services and data of third parties (“Third Party Services”). Third Party Products, Third Party Services and access thereto are provided to the reseller “AS IS” without any warranties, express, statutory or implied, including, but not limited to the warranties of merchantability or quality, fitness for a particular purpose, or non-infringement, or arising as a result of custom or usage in the trade or by course of dealing. We disclaim any and all liability in connection with your use of the Third Party Products and Third Party Services.
15.3 We expressly disclaim all other warranties, express, statutory or implied, including, but not limited to, the warranties of merchantability or quality, fitness for a particular purpose, or non-infringement, or arising as a result of custom or usage in the trade or by course of dealing, to the greatest extent permitted by law.
15.4 We hereby disclaim, to the greatest extent permitted by law, all warranties by its suppliers and all liability by suppliers for any damages, whether direct, indirect, or consequential, arising from, connected with, or related to the use of the services, system content or the software.
CLAUSE 16. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Clause 15 may not apply to you.
CLAUSE 17. OUR PROPRIETARY INFORMATION
17.1 You acknowledge and agree that the Program and any necessary software used in connection with the Program ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Program or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Program, in whole or in part.
17.2 You shall and must not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any object or source code or sell, assign, sub-license, grant a security interest in or otherwise transfer any right in this Website, the Program, the Services or any part of it.
17.3 You must not modify this Website or the Program in any manner or form including (without limitation) for the purpose of obtaining unauthorized access to the Program. You agree not to access the Program by any means other than through the interface that is provided by us for use in accessing the Program.
CLAUSE 18. COPYRIGHT INFRINGEMENT AND TAKE DOWN
18.1 If you are a copyright holder who believes that any of the products, services or content which are directly available via the Program are infringing copies of your work, please let us know. A notice of alleged copyright infringement should be sent to our designated copyright agent at the following address:
Cargo2go SDN. BHD.
No.22 Jalan p6/3,Seksyen 6,
Bandar Teknologi Kajang,
Selangor D.E, Malayisa
18.2 A notification of claimed copyright infringement must be addressed to our copyright agent listed above and include the following:
(a) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
(b) specific identification of each copyrighted work claimed to have been infringed;
(c) a description of where the material believed to be infringed is located on Program (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
(d) contact information for the complaining party, such as a complete name, address, telephone number, and email address;
(e) a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly.
CLAUSE 19. TECHNOLOGY LIMITATIONS AND MODIFICATIONS
We will make reasonable efforts to keep the Program operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Program with or without notice.
CLAUSE 20. NOTICE
We may provide you with notices, including those regarding changes to this Agreement, including by but not limited to e-mail, regular mail, SMS, MMS, text message, postings on the Program, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this Agreement by accessing the Program in an unauthorized manner. Your agreement to this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Program in an authorized manner.
CLAUSE 21. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed and construed in accordance with the laws of Malaysia. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts or other tribunal in Malaysia with the appropriate knowledge and expertise to deal with such dispute, controversy, or claim.
CLAUSE 22. PERSONAL INFORMATION
22.1 Access Limitations. We will implement such physical, technical and administrative measures as may be required to limit our access to your personal data of you that we reasonably require to perform our obligations under this Agreement.
22.2 Access and Confidentiality. We will not access or use your personal data beyond the scope authorised by you. We will process and use your personal data only to perform our obligations under this Agreement and in accordance to Malaysian law, and will disclose such personal data only to people who have a need to know and are bound by confidentiality obligations not less restrictive than those contained in this Agreement.
22.3 Protection. In relation to any personal data to which we are given access by you, we will:
(a) Comply with applicable laws of Malaysia governing the protection of personal data; and
(b) Use the personal data solely for the performance of our obligations under this Agreement.
CLAUSE 23. ASSIGNMENT
We may assign this Agreement at any time without prior written notice to you. Subject to the foregoing, this Agreement shall be binding upon and subsist to the benefit of the parties and their successors and assigns.
CLAUSE 24. INVALIDITY
Should any portion of this Agreement be held to be invalid, unenforceable or void, such holding shall not have the effect of invalidating or voiding the remainder of this Agreement and the parties agree that the portion held invalid, unenforceable or void, shall, if possible, be deemed amended or reduced in scope, or otherwise be stricken from this Agreement, to the extent required for the purpose of the validity and enforcement.
CLAUSE 25. WAIVER
No waiver of any term, covenant, condition or obligation of this Agreement or any breach, shall be effective unless granted in writing. The waiver by any of the parties of any term, covenant, condition or obligation of this Agreement or of any breach of this Agreement shall not be deemed to be a waiver of any other term, covenant condition or obligation of this Agreement or any prior, concurrent or subsequent right.
CLAUSE 26. CAPTIONS
The captions in this Agreement are for convenience only and shall not be considered a part of this Agreement or affect the interpretation of any provision.
CLAUSE 27. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties and supersedes all prior agreements, understandings and contracts between the parties with respect to its subject matter.
CLAUSE 28. ENGLISH VERSION PREVAILS
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
ADDITIONAL TERMS AND CONDITIONS
(Applicable to Members)
Please note that these terms and conditions are in addition to the Terms and Conditions as stipulated in Part A to form the basis of the agreement that you enter into with us in order to register and become a Member (the "Agreement") and will govern your conduct as a Member.
1.1 Only those in a position to form legally binding contracts under Malaysian law may register. Registration is not open to persons aged under 18 or to any persons whose Membership has been suspended or terminated. If you are registering as a business entity, you represent that your authorised representatives shall have the authority to bind the entity to this Agreement, and your access to the system shall be conducted by such authorised representatives only AND you shall be bound by all actions undertaken by such authorised representatives.
1.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users in a network. Furthermore, your Membership may not be transferred to a third party.
1.3 Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password.
2. OUR SERVICES - NEUTRAL VENUE
2.1 We are not a transportation service provider, freight forwarder, broker or intermediary of any sort. The Website acts as a neutral venue through which Transport Providers and Users can meet and enter into negotiations with a view to entering into Transactions. We are in no way involved in the actual Transaction. We have no, and assume no, control over the quality, safety, or legal aspects of the Jobs and/or Transactions that take place through the Website.
2.2 If you are a Transport Provider you hereby agree that the Website is for freight forwarding/transportation related services only and that work that you provide will only involve such services. Except with our prior written agreement, you agree that you will not use your Membership as a means to market or sell any goods products or other services unrelated to the Job.
2.3 It is the responsibility of the User to select a suitable Transport Provider for the provision of the Job and the responsibility of the User and the Transport Provider to negotiate the terms of the Transaction.
3. GENERAL DISCLAIMER
3.1 Save where expressly stated otherwise in these Terms and Conditions, and only to the extent so stated, no provision of these Terms and Conditions shall be enforceable under the Contracts Act 1950 and these Terms and Conditions do not give rise to any legal contracts, liabilities, obligations, claims or other benefits or protection between Members or in favour of third parties. Your contract in connection with a Transaction will be with the other Member and, as a result, we do not give any representation, warranty or commitment of any nature about the other Member (whether User, Transport Provider or Successful Transport Provider (as defined hereafter) or the Job, whether as to quality, quantity, price, service or otherwise.
3.2 We assume no responsibility for claims made by Transport Providers with respect to their licenses, insurance, registration, membership or trade association or indeed any other claim made at any point during the Transaction or quoting process. We operate purely as a neutral venue through which Transport Providers and Users may agree on a price for a Job.
4. UNLAWFUL TRANSACTIONS
4.1 Members shall not use the Website for unlawful activities. Any Job or aspect of a Transaction carried out, or sought to be carried out unlawfully, by either Transport Provider or User, is prohibited.
4.2 Certain Transactions may be governed by statutory or other regulations and cannot therefore be negotiated freely. It is for the Members to identify and adhere to such regulations.
5.1 The posting of Job for the transportation of certain items is prohibited or restricted. These include hazardous or dangerous goods. Additionally, there are certain items that do not generally pose a danger to health, safety, or property while being transported but are regulated or banned for public policy reasons from being transported. However, some hazardous goods can lawfully be transported provided they are properly packaged and labelled. Such Job may be listed on the Website provided that the shipment listing contains a clear notice of the hazardous nature of the material and a description of the planned method of shipping that complies with the law Members to a Transaction/Job shall be fully responsible for due compliance with all laws and regulations AND we shall in no way be held liable for the conduct of any of the Transaction/Job.
5.2 Full responsibility for compliance with all laws and regulations that relate to the transportation of hazardous and restricted goods rests with the parties to the Transaction. Anyone who sends, or causes to be sent, a prohibited or restricted item or improperly packaged hazardous material may be subject to severe regulatory, or indeed criminal penalties.
5.3 In order to assist Members we provide distance calculations and driving directions (or links to 3rd party driving directions) as part of our service (the "Directions"). However, the Directions should be used as a guide only and you should always drive in accordance with national rules, regulations, and highway codes. The Directions may not take into consideration issues such as road closures, direction of traffic, one-way systems, emergency access roads, height regulations, road conditions or restrictions on manoeuvrability. No representation is made or warranty given as to the content or usability of the Directions or their appropriateness for any particular journey or vehicle. We assume no responsibility for any loss, damage, or delay howsoever resulting from use of these Directions. However, if you do find an error or omission, please let us know so we can notify the relevant persons to enable them to correct the error or omission and improve the service. We recommend that you verify any pickup and delivery information that we provide with the other party to the Transaction.
6.1 iCargo2go is free to join either as a Transport Provider or User and it is free to request quotes. We charge a success fee (the "Fee") to Transport Providers who have secured a Job ("Successful Transport Providers"). A Job will be considered to be secured once the transport provider is selected by a User and payment is made by the said User to Successful Transport Providers.
6.2 The Fee charged by Cargo2go SDN BHD is based on the following quoted price duly provided by the Successful Transport Provider and accepted by User (“the Contract Price”):
(a) for the Contract price RM 10,000.00 and above a percentage of 3% of the Contract Price shall be charged;
(b) for the Contract price above RM 5,000.00 to RM 9,999.99, a percentage of 5% of the Contract Price shall be charged;
(c) for the Contract price above RM 1,000.00 to RM 4,999.99, a percentage of 6% of the Contract Price shall be charged;
(d) for the Contract price up to RM 999.99, a minimum sum of RM50.00 shall be charged;
6.3 The incurring of the Fee is independent of the actual performance of the Job. Subject to clause 7, the obligation to pay the Fee therefore still applies if a Job is placed via the Website and a Transaction us agreed upon but is not subsequently carried out and/or the Transaction is later terminated. We may waive our right to receive the Fee as a gesture of goodwill; however, the grant of any such waiver is entirely within our discretion and if so granted is always without accepting any legal obligation to do so.
6.4 If you are a Transport Provider you are responsible for collecting and remitting any and all Goods and Services Tax (GST) associated with a Transaction. Your quote amount for the Job is inclusive of GST in accordance with clause 12.1(b) You shall not submit a quote amount excluding GST and then charge GST on top of your quote price once your quote has been accepted.
6.5 We reserve the right to waive or change the basis for the calculation of the Fee at any time. We may also temporarily change or suspend the Fee for a promotional period. Any such changes will be notified/ described on the Website.
7.1 Cancellation by User
(a) A User may request to cancel a Job or a Transaction (“Cancellation Request by User”) and submit the same via the Website;
(b) All Cancellation Request by User shall be supported by acceptable reason(s) and duly notified to Cargo2go through the Website.
7.2 Cancellation by Successful Transport Providers
(a) A Successful Transport Provider may request to cancel a Transaction (“Cancellation Request by Successful Transport Provider).
(b) In the event a Successful Transport Provider cancels the Transaction or a Job within less than 48 hours prior to the collection of goods from the User, a penalty of 5% of the bid price shall be imposed towards the Successful Transport Provider by Cargo2go Sdn. Bhd.
(c) In the event payment has been received from the User, the Successful Transport Providers shall refund to the User, all payment made within 5 working days from the acceptance of the Cancellation Request by Successful Transport Provider and the User shall be entitled to request for the Transaction or Job to be relisted.
7.3 If a Cancellation Request is accepted by the other party the accepted quote can be retracted and the Job can either be relisted or deleted
7.4 If the other party does not respond within the 24 hours’ grace period, the Cancellation Request and reason be deemed as accepted. Depending on the reasons for the Cancellation Request, any amounts associated with the payment will be refunded to a User, in line with clause 7.2(c).
7.5 If the Cancellation Request is accepted by the other party, the User and the Successful Transport provider shall liaise directly with each other to resolve all dispute(s) arising therefrom.
7.6 We view any abuse of the procedure for Cancellation Requests very seriously. Abuse includes submitting false or exaggerated reasons, attempting to retract accepted quotes, or colluding with other Members to abuse the procedure. If a Member is found abusing or is suspected of abusing the procedure in this clause 7 his Cancellation Request will automatically be denied and his Membership may be revoked without further notice and/or he may also be subject to additional fees.
8.1 Whilst we are unable ourselves to conduct any due diligence on our Members, we do enable Users and Successful Transport Providers to provide feedback evaluations on each other's performance in the course of the Transaction including but not limited to the performance of the Job (or, as the case may be, their failure to enter into a Transaction and/or perform the Job). The evaluations seek to provide Members with guidance on the skills and/or reliability of other Members prior to quoting or, in the case of Users accepting a quote from a Transport Provider.
8.2 The feedback process involves leaving a rating along with a short comment about the performance of the Member. There are three feedback scores that you can give: +1 (positive,) 0 (neutral), and -1 (negative). A Member's overall feedback score is the average score of the ratings that he or she has received.
8.3 You accept that by posting a Job or by quoting on a Job it is probable that another Member will leave feedback about you and you acknowledge that your feedback consists solely of comments left by other Members and the overall feedback score calculated in accordance with clause 8.2. You agree that you will not use any feedback received on the Site on any venue or website that is not the Site. Do always use common sense and respect when leaving feedback on another Member as unwarranted, potentially libellous feedback could result in legal claims being made against you. We do not censor feedback or investigate it for accuracy, and you acknowledge that we are in no way legally responsible for any feedback that is left but we reserve the right to block new comments/feedback, if necessary.
8.4 Any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the Website may result in a ban from further use of the Website and, if applicable, being reported to any relevant authorities.
9. NO AGENCY
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Members whatsoever. Members shall not hold themselves out as implying any such relationship with us.
10. ACCOUNT FLAGGING / REPORTING SYSTEM
The Website is policed by the visitors to it through a flagging system. The flagging system is used to ensure that insofar as possible the Website complies with the Terms and Conditions. Visitors are able to 'flag' aspects of the Site that do not comply with the Terms and Conditions. White flags are located in areas that can be reported. These include: messages, the quote details section, member profiles, and shipment listing information. To flag any part of the text you may click on the white flag following the text in question and the white flag will turn yellow. A yellow flag is sent to our team for review. Following the review, the team will either grant a 'green flag', meaning there was no violation, or a 'red flag', meaning there was a violation and the content has been removed. We reserve the right to suspend the Membership of any Member who has received a red flag on more than one occasion
11. INFORMATION YOU SUPPLY
11.1 You are solely responsible for the information you provide to us and/or other Members in the registration, shipping, or transportation process (which shall include anything posted on the Website) ("Information"). The Information must be true, legal, accurate, and non-fraudulent.
11.3 You agree to use common sense and good judgment when conducting or posting any Information. We insist that all Members abide by netiquette and communicate with each other in a respectful manner.
12.1 The Quote Price
(a) We may suspend or terminate your Membership if it is suspected that you have engaged in fraudulent activity in connection with the Website. Members are not permitted to manipulate the quote prices for any shipment or interfere with other Members' listings or Transactions.
(b) Quote prices submitted by Transport Providers must include ANY and ALL charges, including any taxes and fees. If you are a Transport Provider you may not subsequently add such taxes and/or fees to the quote price.
(c) You agree not to cause or instruct another person or entity to engage in any conduct, acts or behaviour intended or designed to circumvent or avoid the Fee.
12.2 Manipulation of Feedback
(a) An important aspect of the Website is the ability of Members to leave feedback about each other (whether positive, neutral or negative). As described in clause 8, the feedback you receive is likely to influence the choices that other Members make as to whether to negotiate a Transaction with you. Accordingly, to preserve the integrity of the feedback system, you agree not to:
(b) improperly influence in any manner, or cause another to improperly influence in any manner, the feedback of a Member; or
(c) post or attempt to post, in any manner or by any means, a feedback review on your own account.
13. REJECTION OR REMOVAL OF MEMBERS
13.1 We reserve the right to reject your registration or cancel your Membership at any time and for any reason or for no reason and without notice to you.
13.2 We reserve the right to notify other Members of any actions that we, in our sole discretion deem serious, and which have led to the cancellation of your Membership.
13.3 If you are so removed or rejected you may appeal for reinstatement. Your appeal must include a written statement as to why you should be reinstated along with your contact information. Your appeal may be reviewed at our discretion and any determination as to your reinstatement will be at our sole discretion. Your submission of an appeal does not, in any manner, guarantee that you will be reinstated or that the appeal will necessarily be reviewed. We will contact you as to our decision to reinstate you. We are not obligated to give you any reasoning as to our decision. All decisions are final.
During the course of your Membership we may disclose to you, or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business. You hereby agree that any and all of this information is confidential and shall be our sole and exclusive intellectual property. Any disclosure of our information to a third party (specifically including a direct competitor) is strictly prohibited. All obligations contained herein will survive the termination of this Agreement.
During the term of this Agreement, you shall not solicit to employ nor employ any of our employees of whom you become aware through the performance of this Agreement. Furthermore, you shall not otherwise hinder any of our other business relationships including those with our Members.
16. USE OF iCargo2go
You agree that you shall not acquire the word "Cargo2go" or any variant that includes the word "Cargo2go" or may be confused with it on Google AdWords or any similar internet advertising service.
17. NO CONVICTIONS
You represent that you, and any individuals associated with you who will be involved in a Transaction have not been convicted of a crime which is related in any way to the shipping and/or transportation or haulage business. Furthermore, you warrant and represent that there are currently no legal proceedings instituted against you that would prevent you from performing a Transaction to which you are a party or your obligations under the Conditions.
You shall be fully responsible to insure and keep insured your own goods from loss or damage and other insurable risks up to the full value thereof and to pay all premium(s) necessary for such purpose. You shall also take out all such other insurance policies necessary for the carrying on of your business.
The following word(s) and phrase(s) shall have the meaning assigned to them as used in these terms and conditions:
(a) Job shall mean a proposed transaction listed by a User on the Website for the delivery and transportation of goods and cargo;
(b) Member(s) shall mean a person duly registered pursuant to Clause 1 hereof whether as a User or as a Transport Provider;
(c) Successful Transport Providers shall mean persons or companies who have successfully entered into a Transaction with the Users;
(d) Transaction shall mean a concluded business transaction between the Transport Providers/Successful Transport Providers and the Users;
(e) Transport Providers shall mean persons or companies who provide transportation related services;
(f) Users shall mean persons or companies who intend to or have engaged a Transport Provider to deliver and transport goods and cargo;