Terms of Service – Teleport PINK

Updated on 1st November 2022

Introduction

Welcome to the Terms of Services (hereinafter referred to as “T&C”) for the use of the Platform. The T&C stated herein constitute a legal agreement between you and the and the relevant Teleport Entities from the jurisdiction you are accessing the Platform (Malaysia - Teleport Commerce Malaysia Sdn Bhd, Singapore - Teleport Everywhere Pte Ltd, Philippines - Teleport Commerce Philippines Inc, Indonesia - PT Teleportasi Bisnis Indonesia, and Thailand - Teleport Commerce (Thailand) Co. Ltd.) (“Teleport”).

These T&C govern the usage of our Platform. By opting to use or access our Platform, you are deemed to have read and agree to these T&C without any reservation.

Teleport reserves the right, at our sole and absolute discretion, to modify and/or replace these T&C at any time. Changes will be effective when posted on the Platform with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

Therefore, we would advise you to review these Terms of Services periodically to be aware of such changes. Further, you agree and accept that the updated Terms of Services shall supersede all previous versions of the Terms of Services with automatic effect once they are posted on our Platform, without any further action by us and that you shall be bound by the terms of the most recent version of the Terms of Services found on the Platform.

Our Platform and the Services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Teleport users. If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to use the Services on the Platform. If you are the parent or legal guardian of a minor who is utilising the Services on the Platform, you must accept and comply with these T&C on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platform and Services. If you do not qualify, you may not use the Services or access our Platform.

These Terms of Services shall be read together with the Platform Terms of Use (“Terms of Use”), privacy policy (“Privacy Policy”) and any other terms and conditions made available on the Platform. The English language version of this document shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

1.0 DEFINITIONS AND INTERPRETATION

In the T&C, the following expressions have the following meanings, unless the context otherwise requires:

“Affiliate”	means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.

“Business Day”	means the day and time on which Teleport is open for business.

“Booking”	means a booking you have made for the Goods to be delivered resulting in an Order.

“User”	means you as the person who wants their Goods delivered via Teleport’s Platform and the term “you” shall also have the same meaning as User.

“Confidential Information”	means any information and documentation to be disclosed or made available by a disclosing party to the receiving party whether orally, in writing or otherwise, which includes financial, commercial, operational, staff, management and other information as well as any compilation of information which is not publicly available.

“Driver”	means independent third party contractors who provides - delivery using the Teleport App on a mobile device and has completed the registration process, and is authorised, verified and approved by Teleport and/or its Affiliates to collect or deliver the Order from the User.

“Fees”	means the amount chargeable by TELEPORT to the User in consideration for the Services, which will be calculated based on the rates set by TELEPORT.

“Goods”	means the Goods the User requires to be delivered using the Services.

“Order”	means the confirmation of intention submitted by the User to use Teleport’s Services to deliver their Good/s.

“Platform”	means collectively Teleport's application, social media and website, and any other websites or applications which we may own or operate from time to time.

“Payment Methods”	means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your device(s) with a third party;

“Services”	means any service (including the cross border delivery services), or functions made available by Teleport or its Affiliate at the Platform. Delivery services includes first-mile and last-mile by the Driver and also middle-mile by aircrafts operated by AirAsia.

“Teleport”	means the relevant Teleport entities (Malaysia - Teleport Commerce Malaysia Sdn Bhd, Singapore - Teleport Everywhere Pte Ltd, Philippines - Teleport Commerce Philippines Inc, Indonesia - PT Teleportasi Bisnis Indonesia, and Thailand - Teleport Commerce (Thailand) Co. Ltd.) from the country you are accessing the Platforms from, or such third party engaged by Teleport to provide the entire, or part of the Services.

“Users”	means the Users.

1.1 In this T&C, except where the context requires otherwise:

(a) reference to one gender include all genders;

(b) reference to words indicating the singular also include the plural and vice versa;

(d) references to persons include their successors and any permitted transferees and assigns;

(e) no rule of construction will apply to the detriment of any Party by reason of that Party having control and/or was responsible for the preparation of this Agreement or any part thereof;

(f) references to time of day are to Malaysian, Philippines, Indonesia, Thailand and Singapore time;

(g) the appendices to this T&C form an integral part thereof;

(h) whenever this T&C refers to a number of days, such reference refers to calendar days unless business days are specified; and

(i) in carrying out its obligations and duties under this T&C, the Parties have an implied obligation of good faith.

2.0 CREATION OF BOOKING

2.1 You are not required to create an account to make the Booking for the Services. Any information provided by you shall be accurate, complete and verifiable. You understand that the Services may not be able to be provided to you should any information you provide is inaccurate, incorrect, incomplete or unverifiable.

2.2 As and when requested, you shall provide Teleport with your personal identification document for security and identity verification purposes, and to update your personal information for the Services in the Platform from time to time to ensure it is accurate and current.

2.3 You understand that Teleport only offers the Booking specific localities and delivery areas, and the availability of the Services or Driver varies across different localities and delivery areas. You are advised to review the size guide, price guide, and packing guidelines relevant to your delivery item prior to creating a Booking.

2.4 Prior to creating a Booking, you are responsible to provide and ensure that all delivery details required for the Booking are complete and accurate for the purpose of fulfillment of the Services. Teleport shall not be liable in the event of late delivery or non-delivery by reason of such erroneous delivery details you have entered on the Platform.

2.5 The Driver or Teleport shall have the right not to accept the delivery item in the event the said delivery item is not compliant with the dimension or weight limit stipulated in the Platform.

2.6 You acknowledge that the delivery item has been packed by yourself personally, and you shall ensure that the delivery item is properly prepared, packed, stowed, labelled, and marked in a manner that is appropriate in accordance with the characteristics of the delivery item.

2.7 You are advised to create a Booking only when the delivery item is ready to be delivered. In the event the Driver has been waiting for longer than ten (10) minutes, the Driver reserves the right to cancel your Booking. In such circumstances, you will not be refunded as set out below in the Cancellation Policy.

2.8 Prior to creating a Booking, you are required to review and confirm that all the information you provide, including the type of delivery, delivery items details, personal details and delivery point, is true, accurate and complete before you click ‘Confirm Booking’.

2.9 Once a Driver has been assigned to fulfill the Services, there will be no cancellation option available.

2.10 Changes in pick-up and/or drop-off address are not allowed once a Driver is already assigned to your Booking. Therefore, Teleport advises you to kindly re-check the delivery details prior to creating a Booking. Should you wish to change your pick-up and/or drop-off address, you may choose to cancel the Booking, provided that the Booking has not yet been assigned to a Driver. Once canceled, you may proceed to create a fresh Booking with the accurate location.

2.11 You are entitled to not proceed with the Booking if you notice that the vehicle or Driver’s details do not match the details shown in the Platform. Should there be payment made under such circumstances, you will be entitled to a refund if you are able to provide sufficient evidence of the incorrect details.

2.12 You have control of access to any devices that are used to access our Platform. Verification of any payment or Booking made for the Services shall be made through mobile number verification and ‘one-time-password’ generated during Booking. You are solely responsible for keeping your device(s) safe and secure and agree to accept responsibility for all activities that occur under and/or traceable to your device(s). We will deem any usage or activity that is carried out by your device(s) as an authorised usage or activity unless you inform us otherwise. In the absence of fault on our part, we shall not be held responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, an unauthorised use of your device(s) , whether or not it involves your failure to comply with this section or whether or not such unauthorised use has been notified to us.

3.0 DELIVERY SERVICE

3.1 The delivery Services provided by Teleport is for a‘next business day’ delivery service. This service level is subject at all times to customs clearance process, flight schedule, and availability of Driver.

3.2 Teleport will ensure the Driver delivers the Order accordingly.

3.3 The Driver may practice contactless delivery by leaving the Order at the end-recipient’s designated address without the presence of the end-recipient.

3.4 In the event the end-recipient whom you indicated in the Platform is expected to receive the delivery item in the designated drop-off location is unreachable physically or uncontactable after ten (10) minutes from the time that the Driver arrives at the designated drop-off location, the Driver will not reattempt delivery and has the right to leave the delivery item at the designated drop-off location indicated by you. You agree that Teleport and the Driver shall not be liable for any missing, stolen or damaged delivery item in such a situation.

3.5 The Driver will record the User’s acknowledgement of the delivery by scanning the tracking number barcode provided on the delivery note.

3.6 You are not allowed to contact the Driver after the Delivery Service has completed. In the event that you necessarily believe that there is an issue with the Delivery Service, kindly contact User support immediately.

3.7 The Services are considered to be completed once the Driver has completed the delivery and the Teleport Platform has updated the User that the Order has been successfully delivered.

3.8 You may track the status of delivery of the Goods using the tracking number provided in the Platform.

3.9 We may engage third party providers or delivery partners to assist us in the Services and you hereby consent and agree to the use of the third party providers or delivery partners.

3.10 We reserve the right to modify or terminate the Services, the T&C, and/or any other terms and conditions, for any reason, without notice at any time. Upon any termination of these T&C and/or other relevant terms and conditions, you shall immediately cease all access to and use of the Platform and/or Services and we shall, in addition to any other legal or equitable remedies, immediately deny your access to and use of the Platform and/or the Services in whole or in part. Termination of the T&C shall be without prejudice to any rights or obligations (including without limitation, payment obligations) which arose prior to the date of termination. You furthermore agree that we shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Platform and/or Services or with any terms, conditions, guidelines, rules, policies, or practices of Teleport, in operating the Platform and/or making the Services available, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.

3.11 For your convenience, we may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the privacy policies, content or practices of any third party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

4.0 PACKAGING GUIDELINES

4.1 The following is a non-exhaustive list of packaging guidelines prepared by Teleport, which the User must comply with:

4.2 The Order must be packed in a manner which is able to withstand reasonable impact of transport handling in accordance to the packing guidelines in the link provided here.

4.3 If the Order comes with fragile items, the Order must be labeled with a fragile sticker.

4.4 Goods must not be sealed tight prior to drop off or pick up by Driver. Driver will have the right to inspect the package upon pick up.

4.5 the QR code and tracking number must be visible on the outside part of the packed Goods.

4.6 the Goods must only be packed with Teleport’s designated parcel bag.

4.7 the Goods at all times is subject to customs inspection whereby custom authorities may open up the packed Goods for further inspection.

4.8 Prohibited Items

The User acknowledges that the delivery item shall comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage in accordance with the type of transportation of the delivery item and the delivery item are not, in any way or condition:

People/ body parts
Fish seedling
Pets/animals
Alcohol
Flammable, corrosive or radioactive objects and substances;
Contain explosives, firearms, weapons, sharp objects and parts thereof;
Money;
Any dangerous and narcotic drugs;
other prohibited items under any laws, rules, regulations or guidelines in Malaysia, Thailand, Philippines, Indonesia and Singapore; or
any other delivery item prohibited or dangerous to be delivered as per the dangerous goods guidelines and the prohibited items guidelines provided here.

4.9 Teleport reserves the right to refuse to perform the Services in the event we reasonably believe that you are attempting to deliver prohibited delivery items as stipulated in Clause 4.2 above. You agree and acknowledge that you will still be charged a full fee for such a case.

4.10 In the event we unknowingly perform the Services of delivering a prohibited delivery item prohibit items or dangerous goods as stipulated under Clause 4.2, you shall be fully responsible and liable for any damage, loss and/or injury that arises as the result of such action. Further, you acknowledge that Teleport are not liable for any responsibility whatsoever or howsoever for any damage, loss and/or injury as the result of such action committed by you.

5.0 REPRESENTATION AND WARRANTIES

5.1 Each Party has full corporate power and authority to enter into and perform its obligations under the T&C and any other ancillary documents incidental thereto to which it is a party; and the execution, delivery and performance of the T&C have been duly authorised by all necessary corporate action.

5.2 The User warrants, represents and guarantees to Teleport that:

(a) all information (including the contents and weight of the Goods) provided by the User is complete and accurate. Teleport is not liable for any damage or losses caused by or attributable to any mistake, negligence, or omission regarding the details of the final destination.The User is fully responsible to:

be informed and agree on the location of the pick-up; and
give the correct address to Teleport as the final destination.

(b) it is the lawful and beneficial owner of the Goods;

(c) the Goods details is properly described in the consignment note, correctly labelled and label has been securely fixed in a prominent position on the outer surface of the Goods;

(d) The Goods is properly packed to ensure safe delivery with ordinary care in handling and does not require any special handling. Any special handling requirements will incur additional fees;

(e) all applicable customs, import, export and other laws and regulations have been complied with;

(f) to strictly follow the measurement requirements in this Terms of Services; and

(g) the Goods does not contain in whole or in part any substances or goods or items that are harmful to Teleport’s staff or any person or other goods within the vicinity of the Goods.

5.3 The User will be liable to and will fully indemnify Teleport and hold Teleport harmless from any liabilities Teleport may suffer and/or any costs, damages or expenses, including legal costs, incur by Teleport or to any third party arising out of the the User’s breach of any of the warranties, representations and guarantees, even if Teleport had inadvertently accept the Order that contravenes any of the the User’s warranties, representations and guarantees in relation to the Goods.

5.4 Furthermore, the User shall be liable for and shall indemnify and hold harmless Teleport from any and all claims, suits, costs, liabilities, fines, penalties, demands, loss or damage, including any and all expenses, disbursements, costs, legal fees, court fee, interests, sums and amounts which Teleport may suffer or incur as a result of any delay or failure by the User to pay the Taxes or any part thereof to Teleport.

5.5 The Services are provided “as is” and “as available.” Teleport disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, reliability, honesty or ability of delivery partners. You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

6.0 EXCLUSION AND LIMITATION OF LIABILITY

6.1 Subject to the clauses herein, the liability of Teleport to the User is strictly limited to direct losses only and all other types of losses or damages are excluded.

6.2 Teleport shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, lost of property or delivery items or delivery items, damage to property or delivery items related to, in connection with, or otherwise resulting from any use of the Services, even if we have been advised of the possibility of such damages. Teleport shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any delivery partner, even if Teleport has been advised of the possibility of such damages. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.

6.3 Teleport’s liability in respect of any one Good is limited to its actual cash value and must not exceed;

Malaysia: Ringgit Malaysia Three Hundred only (RM300.00) declared value of Goods. One the other hand, for undeclared value of Goods shall be Ringgit Malaysia Two Hundred (RM200.00).
Singapore: limited to the actual value, or maximum Singapore Dollars One Hundred (SGD100.00) for every Goods, whichever is lower.
Thailand: strictly limited to direct losses only and all other types of losses or damages are excluded. Teleport’s liability in respect of any one Goods under this clause is limited to its actual cash value and will not exceed Ten Thousand Thai Baht (THB10,000.00) only.
Indonesia: strictly limited to direct losses only and all other types of losses or damages are excluded. Teleport’s liability in respect of any one Goods under this clause is limited to its actual cash value and will not exceed Indonesian Rupiah Seven hundred and Fifty Thousand (IDR750,000.00) only.
Philippines: strictly limited to direct losses only and all other types of losses or damages are excluded. Teleport’s liability in respect of any one Goods under this clause is limited to its actual cash value and will not exceed Philippines Pesos Five Thousand (Php. 5,000.00) only.

6.4 Claims are limited to one claim per Order, settlement of which will be full and final settlement for all losses or damage in connection therewith. In the event that the actual value and/or losses incurred is higher than the limited liability stated above, the CLIENT shall be responsible or seek its own insurance to cover such additional value/loss. TELEPORT shall not be liable to any direct or indirect losses and/or damages to the prohibited items as stated here.

6.5 Teleport will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of Users, loss of use, loss of an opportunity even if Teleport had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of any contract, negligence, willful act or default.

6.6 The User agrees that Teleport assumes no liability or responsibility:

for the User’s mistake in preparing the Goods based on instructions of the Recipient;
for the inability to complete the delivery of the Goods if the Recipient’s address is incomplete or incorrect or not legible;
for the User’s non-compliance with any laws and regulations including export control laws, sanction, restrictive measures, customs laws and embargoes including those in relation to health and safety;
for the Goods which was seized, detained or destroyed by the relevant authorities unless such seizure, detention or destruction arises out of Teleport’s willful default or gross negligence;
for the User’s non-compliance with the terms of the Agreement, or
for the inability to complete the delivery of the Goods due to Events Beyond Control as set out below.

6.7 You agree to indemnify and hold Teleport, and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Services obtained through your use of our Platform; (ii) your breach or violation of any of these Terms of Services; (iii) Teleport’s use of your personal information; or (iv) your violation of the rights of any third party, including Driver.

7.0 PAYMENT

7.1 When using and making transactions in our Platforms, you will be required to provide one or more Payment Methods. Payments can be made online via accepted Payment Methods, as indicated in our Platforms. We reserve the rights to: (i) change the Payment Methods available in our Platforms at any time; (ii) appoint any third party to undertake any form of Payment Method in our Platforms. Details of such third party service provider (“TPSP”) will be visible to you during submission of Order or selection of Payment Methods. By choosing Payment Method, you understand and agree that:

you will be required to provide your personal details, such as bank account or credit card details, including to third party (when TPSP is involved);
you are deemed to have read and agreed to the terms and conditions for the usage of the service of TPSP, including those related to privacy, confidentiality, and processing of your data; and
fees of any TPSP involved in Payment Method will be borne by you, unless stated otherwise.
Your Order will not be processed without a valid Payment Method.

7.2 Teleport reserves the right to determine all pricing on the Platform which is subject to change from time to time.

7.3 You may be required to make additional payments prior to the Goods delivered to the end-recipient in the event that customs authorities imposes additional duties or taxes for importing/exporting goods.

7.4 Any refunds or reimbursements is at the sole and absolute discretion of Teleport.

8.0 FRAUD

8.1 Payments must be authorized by the cardholder named in the payment process. Teleport reserves the right to hold or cancel your Order without prior notice if we reasonably suspect that you or the cardholder is associated with any kind of fraudulent activity. Such suspicion may be based on the following activities:

The cardholder did not authorize the payment and claims that the Order is fraudulent;
There has been previous fraudulent activity/chargebacks by you or the cardholder; and
Information given during payment is erroneous / inadequate / inconsistent / linked to fraudulent behavior.

9.0 CLAIM PROCEDURES

9.1 The User must submit the claim due to damage, delay or non-delivery of the Order, in writing within twenty four (24) hours from the date of delivery, failing which the User will not be entitled to make any claim and Teleport will have no liability whatsoever in relation to the Order.

9.2 All relevant proofs, evidence or documentation must be made available for Teleport’s inspection and retained until the claim is concluded.

9.3 Teleport will investigate and settle the claim within thirty (30) days, upon receipt of complete documents by amicable resolution, if and only if, the damage is proven to be caused by Teleport’s negligence. The amount of compensation will be based on Teleport’s own assessment of the extent of the damage to and the actual cash value of the contents of the delivery item provided always that the amount of compensation must not exceed the limit set out in Clause 6.2.

9.4 Teleport is not obligated to act on any claim until all charges for the Services undertaken have been paid by the User. The claim amount may be deducted from charges which are due and payable by the User at the option of Teleport.

9.5 The User acknowledges that they are aware of and understand the risks of creating a Booking using the Platform.

10.0 CANCELLATION POLICY

10.1 As a general rule, all Bookings created are treated as confirmed, and all applicable fees and payment are pre-authorized and are non-refundable.

10.2 Should the User wish not to proceed with the Booking in the event the Services has commenced, the User may be charged a full fee of the total cost that was previously provided to the User in the Platform (“Cancellation Fee”) when the User first created a Booking.

10.3 However, the User may cancel their Booking at any time before an Order is completed and Services commenced and the User will not be charged a Cancellation Fee.

11.0 EVENTS BEYOND CONTROL

11.1 TELEPORT will not be liable to fulfill any obligations under this T&C due to circumstances or events beyond TELEPORT’s control, such as but not limited to:

Force Majeure as defined in Clause 12;
national or local disruptions in ground transportation networks, including roadblocks;
bad traffic;
severe and unfavourable weather conditions;
accidents involving the aircraft, vehicles or such other mode of transportation necessary to carry out the Services; or
criminal acts of third parties such as robbery.

12.0 FORCE MAJEURE

12.1 Neither Party will be liable for, nor be in default by reason of, any failure or delay in performance of its obligations under the T&C, if such failure or delay is caused by an act of god or a public enemy, war whether declared or not, hostilities, invasion, armed conflict, riot or civil unrest, insurrection, strikes, revolution or usurped power, act of terrorism, sabotage or criminal damage, trade embargoes, customs clearance issues, aircraft operation issues, non-availability or revocation of any necessary licenses or authorisations which is not caused by act or omission of the Parties, natural disasters including earthquake, lightning, hurricane, flood and fire, pandemic, act of government or any other cause or peril beyond its reasonable control. For the purpose of this provision, strikes that arise from labour relations between a Party and its employees, machinery breakdown or correction of defect or deficiency will not be construed as Force Majeure events. This provision, however, will not relieve the Party alleging the occurrence of such Force Majeure from using all reasonable efforts to avoid or remove such Force Majeure and the effects thereof and to continue performance whenever and wherever such Force Majeure is removed.

12.2 If the Force Majeure event persists, Teleport may terminate the Services and the User may be refunded any payable sums for the Order/ Booking.

13.0 CONFIDENTIAL INFORMATION

13.1 Teleport agrees and undertakes:

to keep confidential all information; and
to use the confidential information of the User solely in connection with this T&C.

13.2 Teleport undertakes to make all relevant employees, servants and agents aware of the confidentiality obligations under this T&C and to take all reasonable steps to ensure compliance by its respective employees, servants and agents with this provision.

13.3 The provision of confidentiality will not be deemed to apply to confidential information which:

is or has become public knowledge other than by breach of this provision;
is in the possession of Teleport without restriction in relation to disclosure before the date of receipt from the User;
is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
is independently developed without access to any confidential information belonging to the other; or
is required by law, by order of a court of competent jurisdiction or by any rule, direction or regulation of any regulatory or governmental authority to be disclosed.

14.0 NOTICE

14.1 Any notices, approvals, communication or consents required to be given must be in writing. Any notice hereunder will be deemed sufficiently served if sent by registered post, electronic mail, the details of such addresses which are set out in the T&C and will be deemed to have been delivered and received when:

If sent by registered post, three (3) Business Days after the date in the ordinary course of posting;
If personally dispatched, on the same working day of dispatch upon receipt and acknowledgment of the same; and
If sent by electronic mail, on the same working day upon successful delivery of the electronic mail.

14.2 In the event a notice is received on a day which is not a Business Day, it is deemed to have been received on the next Business Day. All notices received after 5.00 pm are deemed to be received on the next Business Day.

14.3 Teleport’s address and email shall be as follows:

Address:

Teleport Commerce Malaysia Sdn Bhd (Company No. 201801009926)

RedQ, Jalan Pekeliling 5, Kuala Lumpur Internationall Airport klia2 64000, Sepang, Selangor

E-mail: help@teleportpink.com

15.0 SEVERABILITY

15.1 In the event that any one or more of the provisions of this T&C is declared by any judicial or other competent authority to be invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality or enforceability of the remaining provisions contained in this T&C is not be affected or impaired in any way.

15.2 If any provision is held to be void, illegal or unenforceable but would be valid and enforceable if amendments are made, then that provision will be amended to the extent necessary to render the provision valid and enforceable and which would give effect to the intention of the Parties to the maximum extent possible.

16.0 INCONSISTENCIES

16.1 In the event of any conflict or inconsistencies between these T&C and the Terms of Use, these T&C will prevail to the extent of such inconsistencies.

17.0 RELATIONSHIP OF THE PARTIES

17.1 Nothing contained herein will be constructed to imply a partnership, joint venture, principal/agent or an employer/employee relationship between the parties.

17.2 All Teleport trademarks, service marks, trade names, domain names, logos and any other features of the Platform are the sole property of Teleport or its licensors. Nothing herein shall be construed as the granting of any rights to you to use any Teleport or Platform intellectual property, whether for commercial or non-commercial use.

18.0 SUCCESSORS

18.1 This T&C, including all representations and undertakings given herein by the parties will be binding upon the parties and upon its successors-in-title and permitted assigns.

19.0 TAXES

19.1 The amount payable or price as quoted under the Terms of Service is exclusive of any value added tax (including but not limited to sales tax, service tax, goods and services tax, and any other similar taxes, duties or levies imposed by any taxing authority/regulatory body), in which the value added tax, if applicable, will be payable in addition thereto subject to the receipt of an invoice or a tax invoice in compliance with the requirements of the relevant laws.

19.2 Any value added tax, government service tax, or other applicable sales tax, levy or duty or any other tax whatsoever that arises in relation to the Terms of Services will be borne by the User.

20.0 HEADINGS

20.1 The headings to the paragraphs contained in the T&C are for the sake of convenience only and will not be relied upon in the interpretation hereof.

21.0 ENTIRE AGREEMENT

21.1 The Terms of Use, Privacy Policy and these T&C constitute the entire agreement between the Parties as to the Services.

21.2 The preamble and all provisions of the T&C will constitute an integral part of the T&C .

22.0 FURTHER ASSURANCE

22.1 Each party hereto will, at its respective expenses, promptly and duly execute and deliver to the other party such further documents and promptly take such further action not inconsistent with the terms hereof as the other party may from time to time reasonably request in order to more effectively carry out the intent and purpose of the T&C or to perfect and protect the rights and, with respect to Teleport, remedies created or intended to be created.

23.0 WAIVER

23.1 Failure to exercise, or delay in exercising or enforcing any right under this T&C by any of the parties will not operate as a waiver of its right to enforce against the breach of such provision, and will not prejudice the subsequent exercise of the same, unless made in writing. No single waiver constitutes a continuing or subsequent waiver.

24.0 GOVERNING LAW AND DISPUTE RESOLUTION

24.1 These T&C shall be interpreted and governed by the laws of the respective countries of the Teleport entities.

24.2 Any dispute arising under or in any way connected with these T&C shall be subject to the non-exclusive jurisdiction of the courts of, and governed by the law of the country of origin of the Goods’ point of origin and the User irrevocably submits to such jurisdiction, unless contrary to applicable law.