Updated on 1st November 2022
Table of Content
“Confirmed Order” means when Order have been made on the Platform;
"Linked Website" means links from or to the Platforms to third party websites;
“Order” means the confirmation of intention submitted by the you to utilise our delivery services by using our Platform;
“Payment of Order” means the payment to us by you for completing the Order;
“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 account with a third party;
"Personal Information" means personal information or sensitive personal information as stated in any applicable legislation relating to personal data protection in the relevant jurisdiction the Teleport Entities is operating in;
"Platform" means collectively the website (teleportpink.com) and/or Teleport Pink] and any other websites which we may own or operate from time to time;
“Parcel” means any parcel delivered by you using our Services;
“Teleport” or “Teleport Entities” 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;
"Terms of Services" means the terms & conditions of services of the Platform found at [insert link];
“Services” means any service, information and functions made available by us on the Platforms, including delivery services and payment escrow services, which may be provided by third party(-ies). The term “Services” shall mean all of the services provided as a collective; and
“User” means you as the user of our Services on our Platform.
1.Platform Information and Explanation
1.1 Teleport operates and manages the Platform from Malaysia. While this Platform can be accessed from anywhere in the world, the availability of the functions, products, and services discussed, mentioned, supplied, and provided through, or on this Platform may vary by country or region.
1.2Should you choose to visit this Platform from countries or regions outside of Malaysia, you do so of your own volition and shall use our Platform only as permitted by local laws. We do not represent or warrant that the Platform or any content, materials, information, functions or products available through the Platform are appropriate for use in all locations.
2.Copyright / Trademarks
2.3 All trademarks, trade names, service marks (whether registered or unregistered) and logos in this Platform are owned by Teleport, its holding company, subsidiaries, affiliates and/or their respective owners, and must not be used or modified in any way without obtaining prior written consent of Teleport, its holding company, subsidiaries, affiliates and/or its respective owners.
2.5 You shall not license, sell, rent, transfer, assign, distribute, host or otherwise commercially exploit the Platform, whether in whole or in part, or any content displayed on the Platform, other for the purpose of using the services of Teleport on the Platform.
2.6 You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform.
2.7 You shall not access the Platform in order to build a similar or competitive Platform, product or service.
3.1 Whilst every effort is made to update the information contained on this Platform, neither Teleport, its holding company, subsidiaries, affiliates, associates nor any third party or data or content owner/provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any price information, research information, data and/or content contained on the Platform (including but not limited to any information which may be provided by any third party or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the Platform.
3.2 Teleport and/or its holding company, subsidiaries, affiliates and associates reserve the right at any time to change or discontinue without notice, any aspect or feature of this Platform. No Information shall be construed as advice and the Information contained in the Platform is offered for information purposes only and is not intended for trading purposes. You and/or your company rely on the Information contained on this Platform at your own discretion. If you find an error or omission at this Platform, please let us know.
3.3 The Platform may contain information inaccuracies from parties utilising the Platform (including from you). We will not be liable for any such inaccuracies. We do not make any express or implied warranties or representations in relation to the Platform (including any implied warranties) and the same are hereby excluded.
3.4 As a user, you may be required to submit certain information and content, or uses for the Platform e.g. information required for account creation (“User Content”). As such, you assume all risks associated with your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or a third party. You warrant that your User Content does not violate our Acceptable Use Policy (as per item 4 below), complies with our content standards and that you will indemnify and keep us harmless for any breach of that warranty.
3.6 Each Platform user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability of any of the User Content. Your interaction with other Platform users are solely between you and such users.
3.7 When using and making transactions on the Platform, you will be required to select a payment method to sustain/maintain your funds in the e-Wallet feature available on the Platform. We reserve the right to make changes to the e-Wallet feature at any time and appoint or license a third party to undertake the functionalities or changes for the e-Wallet. You understand that usage of the e-Wallet feature will require you to divulge or provide personal details such as bank account or credit card information to us (or a third party provider - should we appoint them) and you further consent and agree to any other terms and conditions applicable.
3.8 When accessing our Platform and/or using the Services, you agree that we may provide certain forms of advertisements, which might be from us or from our business partners. The form of advertisements includes, but not limited to, pop-ups in our Platform, side banners in our Platform, video advertisement, and email blast.
3.9 You also agree to grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions"). When you post comments or reviews to the Platform, you also grant us the right to use your username or other account identification, in connection with such review, comment, or other content. You shall not use a false phone number, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions. We reserve the right to refuse service to anyone for any reason at any time and we reserve the right to modify or terminate the Service for any reason, without notice at any time.
4. Acceptable Use Policy of the Platform
4.2 You are responsible for ensuring that the information you provide is accurate, complete and not misleading and is kept up to date.
4.3 You will not use the Platform or the services provided in this Platform to (or assist another person to):
- harm or threaten harm to persons or property or any act of terrorism;
- harass other persons;
- violate any applicable law, including but not limited to, those related to export control, spam, gambling, obscenity or service or network access;
- engage in any fraud or misrepresentation;
- provide instructional information about illegal activities;
- interfere with, disrupt, or create undue burden on the Platform/Service (or the networks or devices that provide same);
- infringe or violate another person’s rights, including privacy and intellectual property rights;
- allow another person to access the Platform/Service using your or your company’s account;
- knowingly or unknowingly upload, transmit or distribute to, or through the Platform, any computer ‘virus’, ‘trojan horse’, ‘worm’, ‘back door’, ‘drop dead device’, ‘cancelbots’, ‘logic bombs’, ‘timebombs’ (as such terms are commonly understood in the software industry) or other malware or any code designed or intended to have or capable of performing, any of the following functions: (i) disrupting, disabling, harming or otherwise impeding in any manner the operation of, or providing unauthorized access to a computer system or network or other device on which such code is stored or installed; or (ii) damaging or destroying any data or file of Teleport or on the Platform;
- access any network in excess of the permission expressly granted to you;
- monitor any network traffic without express authorization of the owner of the network and the Parties’ to the communications;
- attempt to decrypt any encrypted or scrambled communications;
- introduce software or automated agents into the Platform;
- attempt to impersonate any other person, including any Teleport employees;
- directly or through the use of any device, software, internet Platform, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other marked proprietary notices or any digital rights management mechanism, device, or other connectivity protection or access control measure associated with the Platform including geo-filtering mechanisms;
- use the Platform to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; and/or
- attempt to gain unauthorised access to the Platform (or to other computer systems or networks connected to, or use together with the Platform), whether through password mining or any other means.
4.6 When you access or use the Platform, provide your email address to us or send us emails, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. You agree that any agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
4.7 You acknowledge that Teleport will have no obligation to provide you with any support or maintenance in connection with the Platform.
4.8 If you provide feedback or suggestion regarding this Platform (“Feedback”), you hereby assign to Teleport all rights in such Feedback and agree that Teleport shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Teleport will treat any Feedback you provide to Teleport as non-confidential and non-proprietary.
4.9 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You agree to keep your password confidential and notify Teleport as soon as possible if the same is lost or compromised. 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 account.
4.10 Teleport outsources server space from a third-party hosting company and hence shall ensure the smooth running in all good faith and intention. Teleport however will not be held responsible for any failure of power, network, server, hosting server, internet connectivity, ISP or otherwise at your end or at Teleport directly or indirectly affecting the online services made available by the Platform.
5.1 This Platform may contain links to other websites or platforms maintained by third parties or third party services and/or display advertisements for third parties (“External Platforms”). These External Platforms are provided for user’s reference and convenience only. Teleport and its holding company, subsidiaries and affiliates do not operate, control, monitor, warrant, review, approve, endorse or make any representations in any way in any respect of such External Platforms or their content. You will assume sole responsibility for use of these External Platforms and are therefore advised to examine the terms and conditions of those External Platforms carefully as we accept no responsibility for them or for any loss or damages that may be suffered in connection with your use of them.
5.2 We may also allow you to link to our Platform provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Platform must not be framed on any other Platform. We reserve the right to withdraw linking permission without notice.
6.1 When you purchase your products or access your member login information, a secure server is used. Secure Server Layer (SSL) encrypts the information you send through this Platform. Teleport reasonably ensures precautions are undertaken to protect the security of our users of this Platform. Although, while we employ reasonable security measures to protect our users’ data, we cannot guarantee the security of any information transmitted to or from the Platform. Teleport and its holding company, subsidiaries and affiliates shall take reasonable course of action to prevent any unauthorized access of the information provided on the Platform but shall not be responsible for any unanticipated unauthorised access such as but not limited to cases of hacking done beyond the reasonable control of Teleport and its holding company, subsidiaries and/or its affiliates.
7.Disclaimer of Liability, Limitation of Liability & indemnity
7.1 The content on this Platform is provided on an “as is'' and “as available” basis. You therefore agree that you use this Platform for the services provided at your sole risk. Teleport, its holding company, subsidiaries, associates and affiliates and their officers, directors, employees, partners, suppliers, assigns, and successors disclaims, to the maximum extent permitted by the law:
- all warranties or representations of any kind regarding this Platform, its operations or the accuracy, uninterrupted use, security, reliability, completeness, usefulness, legality, free from viruses or other harmful codes,non-infringement of intellectual property rights, or quality of any information, content or material included herein;
- to the fullest extent permitted by applicable laws, all conditions and warranties, express and implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose or non-infringement;
- all liability to you or anyone else for any direct, indirect, special, consequential or punitive loss or damage (including without limitation loss of revenue, loss of goodwill, loss of reputation and loss of, or damage to, data), incurred or suffered in connection with the use or inability to use this Platform whether based in contract, tort or otherwise even if we are informed of their possibility;
- all liability to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Platform or an external Platform. You must take your own precautions to ensure that whatever you select for use from this Platform is free of viruses or malwares or anything else that may interfere with or damage the operation of your computer systems.
7.2 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
7.3 You hereby release and forever discharge Teleport from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation liability, action, and cause of action of every kind and nature (including personal injuries, death) that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform.
7.5 The Platform may be subject to limitations, delays and other problems inherent in the use of internet and electronic communications which includes, but is not limited to, the device that you use or due to third party providers’ being faulty, out of range, or even not functioning. Teleport shall not be responsible for any delays, delivery failures, damages or losses resulting from such problems.
7.6 We shall not be held liable for, nor shall we be in default by reason of, any failure or delay in performance of our obligations under herein, if such failure or delay is caused by something beyond our control i.e. acts of force majeure (including but not limited to, an act of god, strikes, governmental acts or orders or restrictions, failure of suppliers, or contractors or any other reasons that is not caused by our negligence).
8.Terms of Online Transactions
9.Governing Law, Jurisdiction, Term
10.4 No indulgence or extension of time which either you or Teleport may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Teleport shall be entitled to cede, assign, novate and/or delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third-party.
10.6 All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.