Terms & Services

Snaptruck Sdn. Bhd. (“Company”) operates an online freight exchange platform for purposes of providing the Services to Shippers and Transporters.

These Terms of Services (“Terms”) set out the terms on which the Company offers the Services to Shippers and Transporters, and the terms for the use of the Services by the Users. By downloading, installing, accessing or using the Services, you, being the User, on behalf of yourself or your company, entity or organization that you represent (as the case may be), hereby expressly:

• (a) acknowledge and agree to be bound by these Terms; and
• (b) represent and warrant that you are at least 18 years old, and have the right, authority, and capacity to accept these Terms, on behalf of yourself or the company, entity or organization that you represent (as the case may be).

1. DEFINITIONS AND INTERPRETATION

   1. Defined Terms
      

      Unless otherwise defined herein, the following terms shall have the meaning ascribed to them as follows:

      Account	means an account to be opened by the User with the Company for the use of the Services.
      Administrative Fee	has the meaning ascribed to it in Clause 15.1.
      Cargo	means the Shipper’s goods, materials, articles, merchandise or wares whatsoever to be transported pursuant to the Shipment Request.
      Confidential Information	means information and/or data which are non-public and/or designated as confidential, or given the nature of the information and/or data or circumstances, should reasonably be considered as confidential, including transaction volume, marketing, financial, technical, operational and business plans, Intellectual Property, promotional and marketing activities and third party information.
      GPS	means Global Positioning System.
      GPS System	has the meaning ascribed to it in Clause 11.1.
      Intellectual Property	means all intellectual property rights and proprietary rights, including rights to patents, rights in circuit layouts, trade marks, service marks, trade names, registered designs, copyrights, logos, graphics, photographs, animations, videos and text, and other forms of intellectual property or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights and assets and any licenses and permission in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registrations in connection with the foregoing.
      Mobile App	means any policies in respect of the Services issued from time to time by the Company or on its behalf, including any amendments or additions made thereto.
      Policies	means any policies in respect of the Services issued from time to time by the Company or on its behalf, including any amendments or additions made thereto.
      Services	means the online freight exchange platform, being the Site, provided and operated by the Company, for transportation matching and Cargo tracking services, and includes all applications, software, content and downloads made available by the Company in relation thereto.
      Shipment Acceptance	means the acceptance of a Shipment Request by the Transporter, including any agreed amendments thereto, submitted by the Transporter in accordance with the provisions of these Terms.
      Shipment Request	means a request for transportation services, including any agreed amendments thereto, submitted by the Shipper in accordance with the provisions of these Terms.
      Shipper	means a person or an entity (including its employees, agents, officers and representatives) registered with the Company seeking transportation services from the Transporters.
      Shipping Fee	means the fee payable by the Shipper for the transportation of the Cargo which shall be the amount quoted by the Company to the Shipper, inclusive of any Administrative Fee, but exclusive of any Tax.
      Site	means www.snaptruck.com or the Mobile App or any such tool, application or programme that has the function of connecting or communicating the Site to the User in respect of the Services as may be made available by the Company or on its behalf.
      Tax	means all applicable goods and services tax, sales and services tax, value added tax or such other consumption tax, imposition, duty and levy whatsoever which may be imposed or charged by any government, statutory or tax authority from time to time.
      Terms	means the terms and conditions set out herein as may be amended or added from time to time by the Company, and such other terms as may be issued by the Company from time to time, and which terms are published by the Company or on its behalf on the Site.
      Transporter	means a cargo transporter registered with the Company and includes its employees and officers.
      User	means the fee payable to the Transporter for the transportation services performed and completed in accordance with the relevant Shipment Request and Shipment Acceptance, which shall be the amount quoted by the Company to the Transporter, inclusive of all Tax
      User Content	means either the Transporter or Shipper accessing or using the Services or a collective reference to these parties.

   2. Interpretation

      In these Terms, unless there is something in the subject or context inconsistent with such construction or unless it is otherwise expressly provided:

      (a) References to these “Terms” shall include all Policies and any other terms and conditions, as well as any amendments and additions to the same, as may be published by the Company or on its behalf from time to time on the Site or notified by the Company, and shall be effective upon posting of the same on the Site or notification of the same, as the case may be.

      (b) The headings and sub-headings in these Terms are inserted merely for convenience of reference, and shall neither define, limit, construe or describe the scope or intent of the clauses or provisions of these Terms in any way nor affect these Terms, and shall be ignored in the interpretation and construction of any of the provisions herein contained.

      (c) Any reference to “writing” or cognate expressions includes any communications effected by facsimile transmission, electronic mail or other comparable means, or by posting on the Site by the Company.

      (d) If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is a Saturday, Sunday or public holiday in Malaysia, then that period is to be deemed to only expire on the next day.

      (e) Any reference to “include” or “including” means “including but not limited to”.

   
   

2. THE SERVICES

   
   
   1. The Company is a technology-based company that develops and operates an online freight exchange platform for the purpose of activating, using, or facilitating the Services. The Company does not and will not at any time request or provide transportation services. It is for the Shippers to request for transportation services, and for the Transporters to offer such transportation services and to accept such request, both through the Services.
   2. The software including the Mobile App are intended to be used for facilitating the User, whether the Shipper or the Transporter, to enter into shipping and/or transportation arrangements with one another and in order for the Company to provide Services to the User, pursuant to these Terms
   3. The Company is not and shall not be responsible or liable for the acts and/or omissions of the User in connection with the performance of either the Shipper’s or the Transporter’s obligations to one another pursuant to these Terms. The User shall not, at any time, represent, claim or cause any person to believe that the User is the agent, employee or staff of the Company.

3. REGISTRATION

   
   
   1. In order to have access to and use of the Services, the User must register an Account with the Company and provide the Company with all the documents and information as may be required by the Company.
   2. Registration of a User is subject to the sole and absolute discretion of the Company. The Company shall not be responsible or liable for any registration issues, including non-registration or delay in registration whatsoever.
   3. The Company may from time to time evaluate the standards of the Users, which includes minimum qualifying requirement(s) as may be disclosed by the Company to the Users from time to time, and for such purpose, the Users shall provide the Company with any documents and/or information as may be requested by the Company within 14 days from the date of the Company’s request, and should no time period be specified, within a reasonable time and in any event, no later than 14 days from the date of the Company’s request, failing which, the Company is entitled to take any action it deems necessary, including those stated in clause 3.5 below.
   4. A User may at any time delete its Account by contacting the Company and following the Company’s instructions.
   5. The Company may at any time for any reason whatsoever and at its sole and absolute discretion without liability to the User, delete a User’s Account, or disqualify, suspend, restrict or limit any User’s access to the Services, with or without notice to such User. Any deletion, disqualification, suspension, restriction or limitation of the User’s Account or access to the Services shall not affect the Company’s rights to take any other actions available to it under these Terms or under the laws against the User.
   6. A deletion of the Account whether by the User or by the Company, or a disqualification, suspension, restriction or limitation of a User’s access to the Services, shall not in any manner whatsoever affect the User’s liability under these Terms, including Shipment Request or Shipment Acceptance (as the case may be) made prior to the date of such deletion, suspension, restriction or limitation (as the case may be). The User shall remain liable to complete performance of its obligations thereunder.

4. LICENCE TO USE

   
   
   1. The Company, unless indicated otherwise, shall own all Intellectual Property in and related to the Services and in circumstances where the use of any rights in the Services arise pursuant to a licence, the Company is licensed accordingly for such use or any manner of dealing necessary for the purpose of the Services. The User agrees that the Mobile App comprises the Intellectual Property of the Company including the data, tables, compilation, layout, process flow and/or database, all of which enables the Company to provide the Services to the Users.
   2. Subject to the User’s compliance with these Terms, the Company hereby grants the User a limited, non-exclusive, non-transferable, revocable and non-sublicensable licence to use the Services (“Rights to Use”). This licence is for the sole purpose of enabling the User to use the Services in the manner permitted by these Terms. No licences or rights are granted to the User by implication or otherwise, except for the licences and rights expressly granted to the User in this sub-clause.
   3. The User’s downloading, installation, access and/or use of the Services does not in any manner grant the User any rights whatsoever in relation to the Company’s and other third parties’ (where applicable) Intellectual Property, or the Intellectual Property of the Company’s or the third parties’ (where applicable) retail or advertising partners.
   4. The User shall not at any time –

      (a) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Rights to Use, whether in whole or in part;

      (b) modify or make derivative works based upon the Services or any part thereof;

      (c) create Internet “links” to the Services or “frame” or “mirror” the Services on any other server or wireless or Internet-based device;

      (d) reverse engineer the Services or any part thereof in any manner;

      (e) design or build a competitive product or service (including website or app) using similar ideas, features, functions or graphics of the Services or any part thereof, or copy any ideas, features, functions or graphics of the Services or any part thereof, based on and/or utilising any information (including any Intellectual Property of the Company), as may be disclosed by the Company to the Users pursuant to the performance of these Terms;

      (f) launch an automated program or script, including web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services in any manner whatsoever;

      (g) data mine any of the Company’s information or information related to the Services;

      (h) post, distribute, remove or reproduce in any way any Intellectual Property of the Company without obtaining the prior written consent of the Company; and/or

      (i) access the Services for purposes other than to use the Services.

5. SOFTWARE AND DEVICE

   
   
   1. Each User shall provide or obtain certain devices, software and data connections for its use of the Services as is necessary for its purpose, which the Company does not supply.
   2. For as long as the User accesses or uses the Services, the User shall download and install updates to the Services (including the GPS System) as soon as possible. In any event, all updates shall be deemed effective and binding on the User upon the completion of such update by the Company regardless of the User’s downloading and installation of the same.

6. SHIPMENT REQUEST

   
   
   1. By agreeing to these Terms, the Shipper acknowledges and agrees as follows:

      (a) The Company makes available a list of Transporters which may be revised from time to time by the Company or on its behalf, with or without notice to the Shipper

      (b) It is the responsibility of the Shipper to review such list before each submission of the Shipment Request. By virtue of the same, the Shipper has knowledge of the Transporters and has the opportunity to examine and inquire on any Transporters in the said list.

      (c) The Transporter may for any reason whatsoever and without notice to the Shipper sub-contract any of its obligations hereunder and under the Shipment Acceptance (whether in whole or in part) to a third party sub-contractor where Clause 17.4 below shall apply.

      (d) The Shipper bears the obligation of notifying the Company in writing in the event it has specific requirements in relation to such list of Transporters, which includes blacklisting and/or blocking of such Transporters from being matched with the Shipper.

      (e) The Shipper’s use of the Services shall be deemed as its request to be matched with any of the Transporters and shall further be an acknowledgment and consent by the Shipper to any sub-contracting of obligations by the Transporter pursuant to Clause 6.1(c) above.

   2. All Shipment Requests shall be submitted through the Site and shall contain all information as may be required by the Company (“Details of Shipment Request”).
   3. The Shippers may request to amend or cancel a Shipment Request without any charges at any time prior to the acceptance by the Transporter by way of the Shipment Acceptance by contacting the Company and following the Company’s instructions. Any such amendment or cancellation shall not be valid until and unless the same is reflected on the Company’s system.
   4. All Shipment Requests are subject to the Transporters’ availability, the Transporters’ compliance with Clause 12.3(g), and acceptance by the Transporters by way of the Shipment Acceptance. The Company does not at any time guarantee that a Shipment Request will be accepted by a Transporter.
   5. The Shipper may elect to accept or reject any Transporter matched by the Company. In the event a matched Transporter is rejected by the Shipper, the Company shall not be responsible or liable in any manner whatsoever to provide the Shipper with an alternative Transporter and any such rejection will be further subject to the terms and conditions as may be imposed by the Company.
   6. In the event the Shipper accepts a Transporter matched by the Company, the selected Transporter will be notified of the Shipment Request.

7. SHIPMENT ACCEPTANCE

   
   
   1. Transporter may elect to accept or reject any Shipment Request. In the event the Shipment Request is rejected by the Transporter, the Company shall not be responsible or liable in any manner whatsoever to provide the Shipper with an alternative Transporter. The Transporter shall however provide the Company with reason(s) for its rejection solely for the purposes of enabling the Company to conduct its own review of the matching requirements and to improve its Services to the Users.
   2. Upon the Transporter’s submission of the Shipment Acceptance via the Site, the Shipper will be notified of such acceptance through the Site or through such other means as preferred by the Company.
   3. A request for amendment or cancellation of a Shipment Request or Shipment Acceptance after the submission of the Shipment Acceptance shall only be made by the Shipper or the Transporter (as the case may be) (“Requesting Party”) by contacting the Company and/or following the Company’s instructions. Any such amendment or cancellation shall be subject to an Administrative Fee and/or the terms and conditions as may be imposed by the Company and the Shipper or Transporter (as the case may be) on the Requesting Party, and such request for amendment and/or cancellation shall not be valid until and unless the same is reflected on the Company’s system.
   4. The Company shall not be liable to the Transporter and/or Shipper for any amendment and/or cancellation to the Shipment Request and/or Shipment Acceptance by the Requesting Party.

8. CONTRACT FORMATION

   
   
   1. The Transporter and the Shipper hereby acknowledge and agree that by downloading, installing, accessing or using the Services, the following contracts shall be formed:

      (a) A contract for the use of the Services between themselves, respectively and independently, with the Company where these Terms shall be applicable as between the Company and each User respectively.

      (b) A contract for the transportation services between the Transporter and the Shipper, whereby:

      (i) The Shipper’s selection of the Transporter pursuant to Clause 6.6 shall constitute an offer to the selected Transporter for the provision by the Transporter of transportation services in accordance with the Shipment Request.

      (ii) The Shipment Acceptance shall constitute an acceptance by the Transporter of the Shipment Request whereby the contract for the transportation services between the Transporter and the Shipper shall be formed. For avoidance of doubt, such contract shall remain valid, binding and subsisting between the Transporter and the Shipper notwithstanding any sub-contracting of obligations by the Transporter pursuant to Clause 6.1(c) above.

      The Shipper and the Transporter hereby expressly acknowledge and agree that notwithstanding any provisions hereunder, in the event of any dispute and/or issues in respect of, arising from, in relation to or associated with the transportation services, the Shipper and the Transporter’s recourse shall solely be against each other only, and neither the Shipper nor the Transporter shall make any claim, demand or bring any proceedings against or seek any indemnity from the Company.

   2. In the event the Shipper and the Transporter enter into any terms which are not governed by or conflict with these Terms (“External Terms”):

      (a) the provisions of these Terms shall continue to apply and prevail over such External Terms, where the Shipper’s and the Transporter’s liabilities hereunder and the Company’s rights hereunder shall not be affected in any manner whatsoever; and

      (b) the Company shall not be responsible or liable in any manner whatsoever in respect of such External Terms regardless whether the Company had knowledge or participated in the conclusion of such External Terms.

9. COLLECTION AND DELIVERY

   
   
   1. The Transporter shall collect and deliver the Cargo in accordance with the provisions of the Shipment Request.
   2. The Shipper and the recipient shall be responsible for the loading and offloading of the Cargo respectively. The Company is not involved and shall not be responsible in this process of collection and delivery which includes, loading and offloading of the Cargo.
   3. All risk in the Cargo (including theft and damage) shall pass from the Shipper to the Transporter upon loading of the same onto the Transporter’s vehicle. The Company shall not at any time be responsible or liable for the Cargo, including any risk relating thereto or arising therefrom.
   4. Upon loading of the Cargo onto the Transporter’s vehicle(s), the Shipper shall provide the Transporter with a delivery note in respect of the Cargo for the Transporter’s verification (“Delivery Note”).
   5. The Transporter shall, upon inspection and verification of the Cargo in accordance with the Delivery Note to its satisfaction, upload the Delivery Note onto the Mobile App as proof of confirming that the Cargo has been loaded onto its vehicle. The Transporter bears the obligation to the Shipper to retain an original physical copy of the Delivery Note and shall provide the same to the Shipper as and when the Shipper may request and the same shall be submitted to the Shipper in a manner as may be required by the Shipper.
   6. By uploading the Delivery Note onto the Mobile App, the Transporter acknowledges and confirms that such Delivery Note and the information contained therein is accurate and/or true. The Company shall not at any time be obliged to verify the accuracy of the contents of such Delivery Note. In the event it is subsequently discovered that the contents of the Delivery Notes are inaccurate or there is a dispute relating to the Delivery Notes, the Shipper and the Transporter’s recourse shall solely be against each other only, and the Company shall not be responsible and/or liable for the same.
   7. Once the Cargo is delivered to the destination prescribed in the Shipment Request, the recipient shall, upon offloading of the Cargo and inspection and verification of the Cargo in accordance with the Delivery Note, endorse its acceptance of the same. The Transporter shall thereafter upload such endorsed Delivery Note onto the Mobile App as proof of delivery of the Cargo and completion of the Shipment Request by the Transporter. In the event the recipient fails or refuses to endorse the Delivery Note upon offloading the Cargo, the Transporter shall notify the Shipper and the Company via the necessary platform made available on the Site, and the Shipper and the Transporter’s recourse shall solely be against each other only, and the Company shall not be responsible and/or liable for the same.
   8. In the event the Transporter fails, neglects or refuses to meet the requirements of the Shipment Request, the Shipper may, provided that the Shipper is in compliance with these Terms, reject such Transporter by notifying the Transporter and the Company via the necessary platform made available on the Site, and the Shipper’s recourse shall solely be against the Transporter only, and the Company shall not be responsible and/or liable for the same. The notification to the Company pursuant to this Clause is to enable the Company to update the Site.

10. RECIPIENT’S DELAY, REFUSAL OR FAILURE TO TAKE DELIVERY

    
    
    1. In the event:

       (a) the Transporter is unable to deliver the Cargo to the delivery point as stated in the Shipment Request; or

       (b) the recipient at the delivery point delays, refuses or is unable to accept delivery of the Cargo, such delay, refusal or inability is not attributable directly to the Transporter, the Transporter shall immediately notify the Shipper and the Company via the necessary platform made available on the Site.

    2. Upon notification by the Transporter pursuant to Clause 10.1, the Shipper may request that the Transporter either return the Cargo to the pick-up point or deliver the Cargo to a different destination and such request shall be subject to the provisions of Clause 7.3. All such costs and expenses associated with and/or arising from the request of the Shipper for the return of the Cargo or change of destination for the Cargo, including storage or warehousing charges, shall be managed solely between the Shipper and Transporter to the exclusion of the Company. The notification to the Company pursuant to this Clause is to enable the Company to update the Site.

11. TRACKING SYSTEM

    
    
    1. All Transporters hereby consent to the use of and shall maintain a device equipped with GPS tracking system and/or other location tracking software or technology (“GPS System”) which shall be a system that is trackable by the Shipper via the Site. In addition, the Transporters agree to procure such a consent for the benefit of the Company and upon request, shall produce and deliver a written copy of such consent to the Company. Any failure, neglect or refusal by the Transporter to comply with this clause shall be a material breach of these Terms.
    2. It shall be the Transporter’s responsibility to ensure that the GPS System is in good working condition at all times.
    3. The Users acknowledge, agree and accept that the location tracking feature is on a best estimate basis only and the use of such feature is solely at the User’s own risk, and the Company accepts no responsibility or liability in connection with such use or and/or reliance by the User on such location tracking information.
    4. The use of the GPS System is solely for the purposes of these Terms and shall not extend to any other use whatsoever including for any unlawful purpose pursuant to the applicable laws and regulations.

12. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

    
    
    1. The Transporter and the Shipper hereby jointly and severally represent, warrant and undertake to each other and to the Company as follows:

       (a) It is duly incorporated, validly existing and in good standing under the laws of its country of incorporation.

       (b) It has the full power and authority to accept, deliver and perform these Terms (including the submission of the Shipment Request and Shipment Acceptance, as the case may be), and to carry out the transactions hereby contemplated.

       (c) These Terms constitute a legal, valid and binding obligation on it, and is enforceable against it in accordance with its terms.

       (d) The execution, delivery and performance of these Terms, do not and will not materially conflict with any legal, contractual or organizational requirement binding on it.

       (e) It possesses all the necessary approvals, permits and licences from all relevant authorities to perform its duties and obligations hereunder.

       (f) All information and details provided to each other and the Company (including for purposes of the Account registration and in the Shipment Request and the Shipment Acceptance) are true, accurate, complete and up-to-date in all respects and at all times. The Company is hereby authorized to rely on or use any such information and details in any manner whatsoever. Where such information is provided by means of Electronic Data Interchange (“EDI”), it is the User’s responsibility to verify and ensure that the person operating the device (for the use of the Services) verifies the content, accuracy and completeness of the EDI messages and subsequent messages according to the agreed standards and specifications.

       (g) It shall maintain the truthfulness and accuracy of all information and details provided and inform the Company and the Shipper or Transporter (as the case may be) of any change, prior to such change if the change is within its control, or immediately upon such change if the change is not within its control.

       (h) It shall not use or assist others in using the Services –

       (i) for any unlawful and/or fraudulent purpose;

       (ii) to send spam and/or otherwise duplicative and/or unsolicited messages;

       (iii) in any way that interrupts, damages, impairs and/or renders the Services less efficient or affect the integrity of the Services;

       (iv) to access and/or attempt to access the Accounts of the other users and/or to penetrate and/or attempt to penetrate any security measures;

       (v) to defraud the Company and/or enrich itself;

       (vi) to advertise and/or promote third party and/or the User’s own products and/or services; and/or

       (vii) in any way that violates, misappropriates and/or infringes any rights whatsoever (including privacy, publicity, and/or Intellectual Property) of any person.

       (i) It shall keep secured and confidential and not disclose to any third party any username, password, code or any other information that the Company may provide to it from time to time for its access to the Services.

       (j) It shall inform the Company immediately of any malfunction of or disruption in the Services. The Company shall not at any time be responsible or liable in any manner for the User’s failure to do so.

       (k) It shall comply with all applicable laws and regulations.

       (l) It shall perform all its duties and obligations hereunder and nothing (including the External Terms or any disputes that may arise between the Shipper and the Transporter) shall diminish or affect any of its duties, obligations and liabilities hereunder, including those under Clause 15.

    2. The Shipper further represents, warrants and undertakes to the Company and the Transporter as follows:

       (a) It is the lawful owner of the Cargo and/or have the lawful authority to transport the Cargo.

       (b) It shall not use the Services to transport or in furtherance of the transport of freight or cargo that is illegal, dangerous, hazardous, harmful, offensive or objectionable.

       It shall be the sole responsibility of the Shipper to take steps to inform the Transporter if the nature of the Cargo is such that it is easily perishable and/or fragile and/or require specific care./p>

       It shall develop adequate blocking, bracing and packaging for the Cargo to facilitate the safe handling and stowing of the Cargo and to protect the same from any damage as may be reasonably foreseeable.

       It shall provide all the equipment and manpower necessary for the loading and offloading of the Cargo onto and from the Transporter’s vehicle.

    3. The Transporter further represents, warrants and undertakes to the Company and the Shipper as follows:

       (a) All its employees and/or workers have the necessary work approval or permit issued by the appropriate authority(ies).

       (b) It shall only use drivers which have been registered with the Company.

       (c) All its drivers possess valid driving licenses issued by the appropriate authority(ies) for the purpose of providing the transportation services hereunder and under the Shipment Request and Shipment Acceptance, and none of them have been convicted for any road traffic or any other criminal offence whether in Malaysia or in any other countries in the world.

       (d) All its vehicles and equipment are in good working condition and have been inspected and maintained to meet the requirements of all applicable laws and regulations, including those of the Malaysian Ministry of Transport and the Land Public Transport Commission.

       (e) It shall at all times provide transportation services that meet the industry’s standards.

       (f) It shall be solely responsible for the following:

       (i) the screening, selecting, hiring, training, supervising and managing of its drivers and handlers (whether employees, independent contractors or sub-contractors);

       (ii) assigning and despatching drivers in accordance with the requirements of the Shipment Request and Shipment Acceptance; and

       (iii) inspection and maintenance of its vehicles and equipment in accordance with all applicable laws and regulations requirements.

       (g) It shall update its vehicle(s) availability on the Site’s management system every day by 8.30 am. Where the Transporter fails to do so and a Shipment Request is rejected following such failure, the provisions of Clause 7.1 shall apply.

       (h) In so far as the Transporter engages any third party sub-contractor to perform any of its obligations pursuant to Clause 6.1(c) above, the Transporter shall take all necessary and due measures to ensure that the representations, warranties and undertakings made by the Transporter herein shall apply to and be complied with by such sub-contractors.

13. DISCLAIMER

    
    
    1. In accessing and using the Services, the User hereby expressly acknowledges, agrees and accepts as follows:

       (a) The submission of the Shipment Request or Shipment Acceptance (as the case maybe) shall be deemed as final and binding on the User whether or not such entry was executed or authorized by the User. For such purpose, the Company’s records in respect of the aforesaid shall be conclusive and binding on the User.

       (b) The Company shall not be required to verify the identity or the authority of the person registering the Account or submitting the Shipment Request or Shipment Acceptance (as the case may be), and the Company shall not be liable in any manner whatsoever for acting on such registration or entry regardless of whether the person who registered or submitted such Shipment Request or Shipment Acceptance was authorized to do so, and regardless of the circumstances prevailing at the time of the entry.

       (c) The Company may choose not to accept any submission of Shipment Request or Shipment Acceptance if it has any reason to doubt its authenticity or if in the Company’s opinion it is unlawful or otherwise improper to do so for any other reason, and in this regard the Company is not obliged to provide any explanation to the Shipper or the Transporter (as the case may be).

       (d) Due to the nature of the Internet, transactions may be subject to interruptions, transmissions, blackout, delayed transmission and incorrect data transmission and the Company shall not be liable to the User in any manner whatsoever in respect of the aforesaid. Further, the Company shall not be liable for malfunctions in communication facilities that may affect the accuracy of timeliness of messages and transactions the User sends. For such purpose, the Company’s records in respect of the aforesaid shall be conclusive and binding on the User.

       (e) The Services are made available on an “as is” basis without representation or warranties of any kind, whether express or implied and the Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, security, suitability, availability, accuracy or completeness of the Services. Without prejudice to the foregoing, the Company does not represent or warrant that:

       (i) the Services will be available and meet the User’s requirements;

       (ii) access to the Services will not be interrupted or be available permanently;

       (iii) there will be no delays, failures or errors or omissions or loss of transmitted information;

       (iv) no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the User’s device;

       (v) the Services is compatible with the User’s device, or that the Services is free of errors, defects, malware and viruses, or that the Services are correct, up-to-date and accurate; and/or

       (vi) the use of the Services will result in any revenue, profits or cost reduction whatsoever.

       The User has the sole responsibility for adequate protection and back-up of data and equipment and for undertaking reasonable and appropriate precautions to scan for viruses or other destructive properties.

       (f) Further, the Company makes no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Services, and no representation or warranty regarding non-infringement, security, accuracy or fitness for a particular purpose is given in connection with the Services.

       (g) All conditions, representations and warranties, whether express or implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement of third party rights, are hereby excluded and disclaimed by the Company to the fullest extent permitted by laws.

       (h) The Company’s records in respect of the User’s use of or access to the Services shall be conclusive and binding on the User.

       (i) The Company shall at all times have no liability whatsoever in respect of the Cargo.

       (j) It is the User’s responsibility to review these Terms regularly whereupon the continued use of the Services after any such amendments or additions, whether or not reviewed by the User, shall constitute the User’s consent to and acceptance of such amendments or additions.

    2. Statements and explanations on the Site are made for explanatory purposes only and are not meant to constitute any guarantee or warranty of any feature.
    3. The Company does not represent, warrant, guarantee or endorse the accuracy or reliability of:

       (a) the Shipper or the Transporter, including the Shipper and the Transporter’s undertakings, representations and warranties made hereunder, and the adequacy of the requirements and obligations of the Shipper or the Transporter imposed hereunder as it is the responsibility of the Shipper and the Transporter respectively to check and ensure that the Transporter selected by the Shipper and Shipper accepted by the Transporter (as the case may be) meets its respective requirements, and the provision of Clause 6.1 shall apply;

       (b) any links to websites of third parties contained on the Site or the content obtainable on such websites; and

       (c) information provided by the Shipper or Transporter or any third parties.

    4. Access to and use of the Services and such other websites or apps is at the User’s own risk and subject to any terms and conditions applicable to such access and use. The Company accepts no responsibility or liability whatsoever in connection with such access and use.
    5. By providing hyperlinks to the other websites, the Company shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the service or product they provide on their website, or have any form of cooperation with such third parties and websites. The Company is not a party to any contractual arrangements entered into between the User and the provider of the external website unless otherwise expressly specified or agreed to by the Company in writing.
    6. The Company does not at any time and in any manner whatsoever guarantee the fitness and performance of, or compliance of applicable laws and regulations by, the Users.
    7. By registering an Account with the Company, the User grants to the Company access to all its devices registered with the Company, including its network connectivity, GPS and camera. Where such device is registered in the name of a person other than the Transporter, the Transporter hereby represents and warrants that it has obtained that person’s express consent in accordance with all applicable laws to grant to the Company access to the device as herein stated.
    8. All information and details (including quoted pick-up, delivery or journey times or location of Transporters) contained in the Services are best estimates as solely provided by the Transporter and the Company shall not be liable in any manner whatsoever for any inaccuracy of the same.

14. NON-SOLICITATION

    
    
    1. The Users acknowledge that the use of the Services and any information or business opportunities sourced or obtained through such a process shall be a form of and amount to Confidential Information and/or Intellectual Property rights of the Company (“Disclosed Information”). For as long as the Shipper and the Transporter remain registered in the Company’s system and for one (1) year thereafter, the Shipper and the Transporter agree that it will neither initiate nor accept any direct or indirect business relationship with each other as such use or disclosure would tantamount to use or disclosure of the Disclosed Information which remain proprietary to the Company, unless the Shipper and the Transporter is able to prove to the Company’s satisfaction that the Shipper and the Transporter had business relationships prior to their use of the Services.
    2. In the event of a breach by the Shipper or the Transporter of the provisions of Clause 14.1 above, the Transporter shall, without prejudice to any other rights or remedies available to the Company, whether under this Terms, at law or in equity, be liable to pay to the Company, within 30 days from the Company’s demand thereof, an amount equivalent to 20% of the revenue invoiced by the Transporter for such transaction. This amount is agreed by the parties to be the loss and/or damage suffered by the Company arising from the breach as set out above and such a sum is fair and reasonable in the circumstances to compensate the Company for the loss and/or damage suffered.

15. PAYMENT TERMS

    
    
    1. Administrative Fee

       (a) In consideration of the use of the Services provided by the Company, the Users hereby agree to pay fees to the Company on a per matching transaction basis (“Administrative Fee”).

       (b) The Users hereby further acknowledge and agree that the Administrative Fee shall accrue, and be due and payable, upon the Transporter’s submission of the Shipment Acceptance, and that the Users shall be jointly and severally liable to the Company for the payment of the Administrative Fee.

       (c) The Company shall not have any duty to disclose to the User any information regarding the breakdown of the Shipping Fee, the Transporter’s Fee or the Administrative Fee, notwithstanding such information is requested by the User, unless the Company is otherwise required to do so by a lawful order of a court of competent jurisdiction.

    2. Shipping Fee

       (a) The Company shall invoice the Shipper, the Shipping Fee together with any other cost and expenses as may be incurred by the Company and/or the Transporter in completing the Shipment Request (including those incurred pursuant to Clauses 6, 7 and 10 above). The amount stated in the invoice shall be conclusive and binding on the Company and the Shipper save for gross errors by the Company. Any discrepancy in the invoice shall be notified by the Shipper to the Company in writing within 7 days from the date of invoice, failing which all such invoices shall be deemed correct and payable by the Shipper, and no further query, report or dispute in respect of such invoice shall be entertained thereafter.

       (b) All invoices shall be due and payable to the Company within 60 days of the date of the invoice, failing which, interest at the rate of 12% per annum calculated on a daily basis from the due date of such invoice until receipt in full of the payment by the Company, shall be payable by the Shipper. The Company may, but shall not be responsible and obliged, to arrange for the collection of the Shipping Fee from the Shipper. In such event, the Shipper shall also be liable for all cost and expense incurred by the Company in connection with the collection of the Shipping Fee, including the cost and expense of a third party debt collection agency and/or legal services in connection with the same. All Shipping Fee received are not refundable.

       (c) The Shipper represents and warrants to the Company that it shall have the right and authority to authorize any payment methods (including credit card, debit card, direct debit and/or online bank transfers) for payments to be made hereunder.

       (d) All sums to be paid to the Company shall be paid without any deduction, withholding and/or deferment on account of any claim, counterclaim or set-off.

    3. Transporter’s Fee

       (a) Subject to the provisions of sub-Clause (c) below, the Company will within 60 days of the Company’s monthly statement pay to the Transporter the Transporter’s Fee less any cost and expense incurred by the Company for the benefit or on behalf of the Transporter

       (b) A notification confirming such payment will be made to the Transporter through the Site. Such notification shall be deemed as evidence of the Company’s payment of the Transporter’s Fee.

       (c) The Company’s obligation to pay under sub-Clause (a) above is subject to the Company’s receipt in full of the amount payable by the Shipper pursuant to Clause 15.2(a). The sole and ultimate liability to make payment of the Shipping Fee shall at all times rest with the Shipper, and the Company is and shall not be responsible for such liability, nor shall it be the Company’s obligation to collect the Shipping Fee from the Shipper. The Transporter’s recourse in respect of the Transporter’s Fee shall solely be against the Shipper only, and the Company shall not be responsible and/or liable for the same.

    4. Currency

       All payments to be made hereunder shall be made in Ringgit Malaysia.

    5. Dispute

       The Transporter agrees that in the event of any action or recourse commenced and/or pursued by it in relation to and/or against the Shipper, the Transporter shall not make any claim, demand or bring any proceedings or seek any indemnity from the Company.

16. TAX

    
    
    1. Each User shall be responsible for all carrier data plan and other fees and Taxes associated with its use of the Services.
    2. The Company reserves the right to charge the User for the access to and use of the Services, including applicable Taxes.
    3. The User shall do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set-off, rebate or refund in respect of any Taxes paid or payable in connection with the Services.

17. ASSIGNMENT, SUB-CONTRACT OR CO-BROK

    
    
    1. The Transporter shall not assign any of its obligations, responsibilities and liabilities hereunder and under the Shipment Acceptance without the Company’s and the Shipper’s (the latter where applicable) prior written consent
    2. Any assignment permitted under Clause 17.1 above shall be subject to any terms and conditions as may be imposed by the Company, which includes these Terms.
    3. In the event of an assignment with or without the Company’s and the Shipper’s (the latter where applicable) prior written consent, the Transporter shall be liable for all the act and omission of such assignee.
    4. Where the Transporter sub-contracts its obligations hereunder and under the Shipment Acceptance in whole or in part to a third party sub-contractor, the Transporter hereby agrees and undertakes to the Company and the Shipper as follows:

       (a) Any and all agreements and/or arrangements that it maintains and/or carries out with the third party sub-contractor are solely between the Transporter and such third party sub-contractor whereby the Company and the Shipper shall have no privity of contract, engagement and/or connection with any such agreements and/or arrangements.

       (b) The third party sub-contractor shall not at any time be privy to the contracts specified in Clause 8 above and its recourse shall only be against the Transporter.

       (c) The Transporter shall be solely and wholly responsible and liable to its third party sub-contractor for the payment for the performance of the Transporter’s obligations hereunder and under the Shipment Acceptance.

       (d) All the act and/or omission of the third party sub-contractor shall be deemed the act and/or omission of the Transporter. The Transporter shall remain solely and wholly responsible and liable towards the Company and the Shipper for:

       (i) all its obligations and undertakings hereunder and under the Shipment Acceptance notwithstanding such sub-contracting;

       (ii) the performance by the sub-contractor of the Transporter’s obligations hereunder and under the Shipment Acceptance; and

       (iii) all the act and/or omission of its third party sub-contractor.

       (e) The performance of such sub-contracted obligations shall be carried out in the same manner as stipulated hereunder and under the Shipment Acceptance, failing which the Transporter shall be liable to the Company and the Shipper for any such failures and/or deviance in the sub-contractor’s performance of the Transporter's obligations hereunder.

18. INSURANCE

    
    
    1. Transporters

       Transporters shall procure and maintain at all times and at its sole cost and expense all insurance policies that are required by applicable laws and regulations for its business operations, including coverage for the Cargo whilst being transported by the Transporter and any act or default of the Transporter.

       At the very least, the Transporter shall procure and maintain the following insurance policies:

       (a) Third party insurance including public liability and automobile (owned, non-owned and hired) liability for:

       (i) bodily injury and death with unlimited coverage; and

       (ii) property damage of coverage no less than RM3,000,000 per incident.

       (b) Goods-in-transit insurance (without any exclusion for employee’s theft or dishonesty) of coverage no less than RM150,000 per incident; and

       (c) fidelity guarantee of coverage no less than RM250,000 per incident.

    2. Shippers

       Shippers shall procure and maintain at all times and at its sole cost and expense insurance coverage for its Cargo and shall waive or cause to waive the right of subrogation against the Company.

    3. All insurance policies required hereunder shall be with reputable and financially responsible insurance underwriters and duly recognised and/or licensed under the Financial Services Act, 2013.
    4. The Transporters and the Shippers shall at no cost to the Company provide to the Company copies of the insurance policies and/or receipts for the insurance premiums that have been purchased pursuant to this Clause 18 as and when requested by the Company.
    5. The Company reserves the right to verify that the requisite insurances are in place, including the right to inspect the current original insurance policies and view the original receipts for insurance premiums solely for the purpose of improving its Services to the Users and the Company neither assumes any form of responsibility over nor does it represent, warrant and/or guarantee the accuracy and reliability of, such insurance provided by the Users, or any one of them.
    6. Subscription of any insurance under this Clause 18 shall not in any manner relieve the Transporter or Shipper of its responsibilities and liabilities hereunder, and the coverage amount of any insurance policies shall not in any manner limit the Transporter’s or the Shipper’s liability hereunder.
    7. The Transporter and Shipper shall not cancel or modify any insurance policy unless a 30 days’ written notice is provided to the Company.

19. NO PARTNERSHIP OR AGENCY

    
    
    1. Nothing in these Terms shall be construed to imply the existence of a partnership between the Company and the Transporter, or between the Company and the Shipper, or to make the Company the agent or representative of the Transporter or the Shipper respectively and vice versa.
    2. Neither the Shipper nor the Transporter shall have the right or authority to create or incur liability of any kind, express or implied, against or in the name of the Company. The Company shall not in any manner whatsoever be liable or bound by any act or omission of the Transporter or the Shipper.

20. INDEMNIFICATION AND EXCLUSION OF LIABILITY

    
    
    1. In no event shall the Company be liable to the Users for any damage or loss of any kind howsoever arising out of or resulting from or in connection with the User’s download, installation, access to or use of the Services, save and except for the Company’s gross negligence as expressed in Clause 20.2 below.
    2. Notwithstanding anything herein contained, if the Company is found by a final non-appealable judgment of a court of competent jurisdiction to be liable to the Users for any damage or loss caused by the Company’s gross negligence, the Users hereby agree that the Company’s aggregate liability shall not exceed:

       (a) subject to clause 20.2(b), the amount of Administrative Fee chargeable by the Company for the event which gave rise to the dispute; and

       (b) in any event, the Company’s aggregate liability towards either a Shipper or a Transporter, including that under Clause 20.2(a), shall not exceed the sum of RM20,000 for any and all claims in combination and arising in any calendar year against the Company.
       
       (clauses 20.2(a) and 20.2(b) to be collectively referred to as “Aggregate Liability”)

    3. In the event such other liability not expressly referred to above is found against the Company by a final non-appealable judgment of a court of competent jurisdiction, the same shall form part of and/or shall not exceed the said Aggregate Liability.
    4. To the extent permitted by applicable law and notwithstanding anything herein contained save for Clauses 20.2 and 20.3, in no event shall the Company including its affiliates and each of their respective officers, directors, employees, attorneys and agents be liable to the Users for loss of profits, loss of market share, savings or goodwill, or any indirect, consequential, exemplary, punitive or incidental loss or damages, howsoever arising whether or not the Company has been advised of the same.
    5. Any claims hereunder shall be submitted to the Company by the Shipper/Transporter (as the case may be) within 30 days from the date of the event giving rise to the claim and provided that the quantum of loss / damage has been proved and adjudged before a final non-appealable judgment of a court of competent jurisdiction.
    6. In the event of a breach by the Shipper and/or the Transporter of the Shipment Request and/or Shipment Acceptance (as the case may be) and/or any provisions of these Terms (“Defaulting Party”), the non-defaulting party shall have a recourse only against the Defaulting Party, whether or not such breach is solely or directly attributable to the Defaulting Party. For avoidance of doubt, any and all disputes and/or issues arising between the Shipper and the Transporter shall be dealt with by them with no involvement by the Company, and their recourse thereof shall only be as against each other. Nothing herein shall affect the Company’s right of recourse against the Defaulting Party for such breach.
    7. The Shipper or the Transporter (as the case may be) shall indemnify and hold harmless the Company, its affiliates, licensors and each of their respective officers, directors, employees, attorneys and agents, as well as the other Users, and hold them harmless from and against any and all claims, demands, causes of actions or liabilities, losses, damages, judgments, suits, settlements, royalties, licence fees and expenses (including interest and penalties recovered by a third party with respect thereto, attorney’s fees and expenses and accounting fees and investigation costs) of any kind arising out of or resulting from or in connection with the act or omission of the Shipper or the Transporter (including those of its employees, agents, contractors or third party sub-contractors), including –

       (a) failure to comply with any of these Terms;

       (b) the use or misuse of the Services;

       (c) breach of any representations, warranties, undertakings or other obligations under these Terms, or in relation to its use of the Services;

       (d) breach of any applicable laws or regulations whether or not referenced herein; and

       (e) violation of any rights of any third party.

21. MODIFICATION OF TERMS AND THE SERVICES

    
    

    The Company may from time to time at its sole and absolute discretion amend or otherwise modify, add to or replace any of these Terms, or change, suspend, discontinue or vary the scope of the Services (including the availability of any feature or content) without notice to the Users, which shall be effective and binding on the Users upon publication by the Company on the Site.

22. PERSONAL DATA AND PRIVACY

    
    
    1. By downloading, installing, accessing and/or using the Services, the User is deemed to acknowledge, accept and agree to be bound by the Company’s privacy policy (“Privacy Policy”). The Privacy Policy, as may be amended and updated from time to time at the Company’s sole and absolute discretion, is incorporated by reference into these Terms.
    2. The collection, use, storage and/or transfer of the User’s personal data or any natural person’s personal data arising from or in relation to the use of the Services (if any) are subject to the Privacy Policy.

23. NOTICES

    
    
    1. The Company may issue notices by means of notices on the Site, electronic mail to the User’s address in the records of the Company, or by written communication sent by registered post or pre-paid post to the User’s address in the records of the Company.
    2. Such notice shall be deemed to have been given:

       (a) for notices on the Site, immediately upon posting of the same by the Company or on its behalf on the Site;

       (b) for notices sent by electronic mail, at the time of transmission of the same; and

       (c) for notices sent by post, upon the expiration of 48 hours after posting,

       all as evidenced by the Company’s records.
    3. Unless expressly provided otherwise, any notice, request or other communication to be given or served hereunder by the User to the Company shall be in writing and shall be delivered to the Company via the necessary platform made available on the Site or via e-mail to info@snaptruck.com, and such notice shall be deemed to have been given at the time of transmission of the same.
    4. Clauses 23.1, 23.2 and 23.3 shall not apply to legal notices, demands and/or documents in relation to legal proceedings, whereby the same shall be in writing and be personally delivered and/or issued by way of A.R registered post to the registered address of the Company or the User, as the case may be, as recorded in the Account. Such notice shall be deemed to have been given:

       (a) for notices personally delivered, on the date of delivery; or

       (b) for notices sent by A.R registered post, upon the expiration of 48 hours after posting,

       all as evidenced by the Company’s records.

24. PUBLICATION OF INFORMATION

    
    
    1. The User grants to the Company including its affiliates, associated and related companies, a perpetual and unlimited permission to identify the User as its customer or user of the Services, and to reproduce the User’s name and logo on the Site and in any other marketing materials as the Company deems fit.
    2. Where the User provides the Company with any feedback, suggestions or other information or ideas regarding the Services (“Feedback”), the User assigns to the Company all the rights in the Feedback and agree that the Company including its affiliates, associated and related companies, has the right to use such Feedback and related information in any manner it deems appropriate. The User acknowledges that any Feedback that it submits and/or discloses to the Company shall not be deemed to be its Confidential Information and/or its proprietary information and therefore the Company shall not be liable in any manner whatsoever for any such submission or disclosure and/or the Company’s, including its affiliates, associated and related companies, subsequent use of such Feedback in a manner that it thinks fit.

25. CONFIDENTIALITY

    
    
    1. The User acknowledge and agree that in the performance of these Terms, it may have access to or may be exposed to, directly or indirectly, Confidential Information of the Company and/or any other third party.
    2. The User acknowledges and agrees that:

       (a) for notices on the Site, immediately upon posting of the same by the Company or on its behalf on the Site;

       (b) for notices sent by electronic mail, at the time of transmission of the same; and

       (c) for notices sent by post, upon the expiration of 48 hours after posting,

       all as evidenced by the Company’s records.
    3. Unless expressly provided otherwise, any notice, request or other communication to be given or served hereunder by the User to the Company shall be in writing and shall be delivered to the Company via the necessary platform made available on the Site or via e-mail to info@snaptruck.com, and such notice shall be deemed to have been given at the time of transmission of the same.
    4. Clauses 23.1, 23.2 and 23.3 shall not apply to legal notices, demands and/or documents in relation to legal proceedings, whereby the same shall be in writing and be personally delivered and/or issued by way of A.R registered post to the registered address of the Company or the User, as the case may be, as recorded in the Account. Such notice shall be deemed to have been given:

       (a) all Confidential Information shall remain the exclusive property of the Company or such third party; and

       (b) it shall not use Confidential Information of the Company or such third party for any purpose except in furtherance of these Terms.

       The User’s obligations hereunder shall survive the deregistration of the User’s Account.

26. SET-OFF

    
    

    Notwithstanding anything herein contained, the Company shall be entitled to deduct any amount due from the Shipper or Transporter hereunder from any amount due and payable to the Shipper or Transporter (as the case may be) by way of set-off or counterclaim. The Shipper and the Transporter shall not, without the prior written consent of the Company, deduct any amount due from the Company hereunder (if any) from any amount due and payable to the Company by way of set-off or counterclaim.

27. SEVERABILITY

    
    

    If any provision of these Terms should for any reason be declared invalid, void, illegal or otherwise unenforceable by a competent authority, the remaining provisions of these Terms shall remain in full force and effect, and such invalid, void, illegal or unenforceable provision shall not in any way or manner whatsoever affect the validity or enforceability of the remaining provisions.

28. GOVERNING LAW AND JURISDICTION

    
    

    These Terms shall be governed by and construed in accordance with the laws of Malaysia and the User agrees to submit to the exclusive jurisdiction of the courts of Malaysia.

29. WAIVER

    
    

    Save as otherwise provided in these Terms, any delay in exercising or omission to exercise any right, power or remedy accruing to the Company or knowledge or acquiescence by the Company of any breach of any conditions or covenants herein contained or any indulgence given by the Company shall not affect, impair or prejudice any such right, power or remedy or be construed to be a waiver of such conditions or covenants or any of them and notwithstanding such knowledge or acquiescence or indulgence given, the Company shall be entitled to exercise its rights under these Terms and to require strict performance by the User of the terms and conditions herein, and the Company shall not be liable to the User in any manner whatsoever for not enforcing any of its rights hereunder.

30. RIGHTS CUMULATIVE

    
    

    The rights and remedies provided in these Terms are cumulative, and are not exclusive of any rights or remedies of the Company provided by law, and no failure or delay in the exercise or partial exercise of any such right or remedy or the exercise of any other right or remedy shall affect or impair any such right or remedy.

31. AMALGAMATION OR RECONSTRUCTION

    
    

    The liabilities and/or obligations created by these Terms shall continue to be valid and binding for all purposes whatsoever notwithstanding any change by amalgamation, reconstruction or otherwise which may be made in the constitution of the User, and it is hereby expressly declared that no change of any sort whatsoever in relation to or affecting the User shall in any way affect its liabilities and/or obligations created hereunder.

32. ENTIRE AGREEMENT

    
    

    These Terms set out the entire agreement and understanding between the Company and the User and supersedes and cancels in all respect all previous arrangements, letters, agreements and undertakings, if any, between the parties with respect to the subject matter hereof. The User acknowledges that in accessing and using the Services, it does not rely on, and shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) made by the Company.