3000 Trucks provides the Application to enable anyone registered with 3000 Trucks as a User to request delivery of an item, so that others registered with 3000 Trucks as Transporter can then accept and perform that delivery services.
3000 Trucks does not provide any transportation, delivery or logistical services, and all transportation delivery and logistical services are provided by the Transporter. 3000 Trucks merely provides the Application to link the User with the Transporter.
This is the legally binding agreement that applies between you as the Transporter and 3000 Trucks regarding your access or use of the Application provided by 3000 Trucks. Accordingly, please read the terms and conditions contained herein carefully.
1.1 Definitions: In this Agreement each of the following expressing has, except where the contextrequires, the meaning shown opposite it:
Application
means website, mobile application and other technological platforms provide for you to use as a Transporter;
Cargo
means item(s) that is to be delivered by the Transporter as part of a Project;
Cancellation Fee
means the corresponding fee calculated in accordance with the Price List;
Content
means all information, data, documents, pictures, graphics, video, audio, text or other content, in each case in any form;
Delivery Fee
means the fee (as stated in the relevant Project Description and calculated as per the rates stipulated in the Price List) payable by the User to the Transporter for a Project;
Idle Fee
means the fee (calculated as per the rates stipulated in the Price List) payable by the User to the Transporter if the times spent waiting for loading or unloading of the Cargo went beyond the timeframe as stipulated in the Standard Delivery Contract;
Laws
means all applicable laws, regulations, standard, codes, orders and directions, including those issued by any governmental authority;
Price List
means the price list displayed on the Application;
Project
means a delivery project requested and offered by the User via the Application;
Project Description
means the description of the Project provided via the Application, which include but not limited to the description of:
- (a)the Cargo;
- (b)the location and time window for the loading and unloading point; and
- (c)the Delivery Fee;
PDPA Notice
means the personal data protection notice of the 3000 Trucks, as applicable from time to time. At any given time, you can obtain on the Application of the version applicable at that time;
Standard Delivery Contract
means the standard form of agreement published by 3000 Trucks from time to time with that title and to be entered between the User and the Transporter. At any given time, you can obtain on the Application of the version applicable at that time;
Transporter
means a person who successfully registered with 3000 Trucks as a transporter under the Application and has not had his registration suspended or revoked;
Unacceptable Content
means any Content that:
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(a) is racist, hateful, violent, defamatory, harassing, abusive, threatening, malicious, inflammatory or otherwise objectionable;
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(b) is pornographic, sexually explicit, obscene or excessively profane;
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(c) is unlawful or encourage unlawful conduct;
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(d) is fraudulent, false, misleading or deceptive;
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(e) infringes or encourages the infringement of, a third party’s rights, including intellectual property, confidentiality or privacy rights;
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(f) contains any Virus;
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(g) amounts to commercial advertising of any other website, product or service; or
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(h) contains any link to any website that includes any of the above types of content.
User
means a person who has successfully registered with 3000 Trucks as a user of the Application and has not had their registration suspended or revoked;
Virus
means any computer program, virus or other code that is harmful, destructive, disabling or which assist in or enables theft, alteration, denial of service, unauthorised access to or disclosure, destruction or corruption of information, data or software;and
3000 Trucks
means 3000 Trucks Sdn Bhd (Company No.: 0533792-T) a company duly incorporated in Malaysia.
1.2 Interpretations: In this Agreement:
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(a) words importing persons shall include individuals, corporations, bodies corporate and association as the case may be;
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(b) words denoting the singular number only includes the plural number and vice versa;
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(c) words denoting the neuter gender shall include the masculine and feminine genders and vice versa;
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(d) the headings contained in this Agreement are inserted only for ease of reference only and shall in no way affect the construction and interpretation of this Agreement;
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(e) any references to “writing” or cognate expressions includes any communications effected by cable, facsimile transmission, or other comparable means; and
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(f) no rule of construction applies to the disadvantage of one party because that party was responsible for the preparation of this Agreement.
2.1
3000 Trucks is a technology company which provides the services of a technological platform
2.2
At all times, 3000 Trucks is merely acting as an intermediary between you as the Transporter and the User. 3000 Trucks is neither your agent nor the agent for the User.
2.3
In performing Project, you are not an employee nor subcontractor of 3000 Trucks but an independent third party who offers transportation, delivery or logistical services and registered with 3000 Trucks as a Transporter on the Application.
2.4
In the premises, you agree that 3000 Trucks shall not in any way be held responsible nor liable for the behaviors, conducts, actions, negligence, failures, refusals or omissions on the part of any User.
3.1
For the purpose of avoidance of any doubt, this Agreement is only between 3000 Trucks and you as the Transporter regarding your access and use of the Application.
3.2
By using the Application, a further separate contract (each being a Standard Delivery Contract in the form and substances as prescribed by 3000 Trucks via the Application) should ordinarily apply between you and the relevant User for the relevant Project.
3.3
3000 Trucks is not and shall never be a party to any such agreement to be entered between you and the relevant User for the relevant Project. Any contract for the provision of transport, delivery or logistical services shall strictly between you and the relevant User.
4.1
Without limiting clause 2.3 above, you agree that as a Transporter:
(a) you will be working for yourself, and not as employee or subcontractor of 3000 Trucks;
(b) you are free to work whenever and wherever you see fit;
(c) you may choose which Projects (if any) to accept; and
(d) that by accepting a Project on the Application you are accepting an offer to enter into a legally binding Standard Delivery Contract for that Project with the relevant User (not with 3000 Trucks) and you will be legally bound to perform it.
4.2
You must pay to the appropriate government authority any and all taxes, levies and other amount applicable (if any) in connection with your performance of any Project. If any such amount is claimed from 3000 Trucks, then you must indemnify 3000 Trucks for the amount (and any additional amount claimed due to non-payment by you).
4.3
Notwithstanding any provisions of this Agreement to the contrary, you agree and acknowledge that 3000 Trucks shall have absolute discretion to take any action as it deems fit and proper to cause any Project offered and posted on the Application unavailable for your acceptance via the Application without assigning any reason thereof.
5.1
The Application provides a service through which the relevant User is ordinarily able to follow your progress in performing the relevant Project. Accordingly, you hereby undertake and covenant with 3000 Trucks that while you are performing a Project, you shall update 3000 Trucks of the current location with the relevant Cargo and your progress in performing the relevant Project via the Application as and when required by the Application.
5.2
If you are unable to complete a Project of which you have accepted, you are required to inform 3000 Trucks via the Application on an immediate basis so as to enable 3000 Trucks to make such Project available to be accepted by other Transporter via the Application and also to notify the relevant User accordingly.
6.1
You must not accept any of the following item (“Prohibited Item”) as, or as part of, the Cargo to be delivered or transported by you:
(a) human (including ashes) or animals (including insects and hatching eggs) of any size;
(b) articles of exceptional value which include but not limited to antiques, heirlooms, extravagant furniture, fine art, jewels, jewelry, gold or other precious metals;
(c) hazardous material of any kind which include but not limited to explosives, gases, flammable liquids, flammable solids, and/or poisonous or infectious substances;
(d) firearms, ammunition or other explosive materials;
(e) stolen or counterfeit goods, or goods that infringe the intellectual property of any person; OR
(f) illegal items, including any item where its possession or delivery would, or is likely to, give rise any person committing any offence or wrongful act or omission;
6.2
3000 Trucks may include mechanisms in the Application to endeavour to prevent the inclusion of Prohibited Items as Cargo, but 3000 Trucks is under no obligation to ensure that a User does not include, and you do not accept, any Prohibited Item for delivery.
7.1
You authorise 3000 Trucks to accept payment of Delivery Fee, Idle Fee (if any) and Cancellation Fee (if any) on your behalf from the relevant Users via any mode of payment as 3000 Trucks deems fit and proper in its absolute discretion. 3000 Trucks will then pay the Delivery Fee, Idle Fee (if any) and Cancellation Fee (if any) to you after deducting any fees or other amounts payable by you as the Transporter to 3000 Trucks in accordance with the rates and the terms and conditions as contained in the Transporter Terms of Payment located on the Application.
8.1
All Content that you:
(a) post on the Application; and
(b) provide to 3000 Trucks or any User, in connection with any Project or the Application;must be true, accurate, complete and up to date in all respects and at all times and must not include any Unacceptable Content.
8.2
You shall be required to submit your personal data to 3000 Trucks in order to use the Application and the services provided therein.
8.3
For the purposes of the Personal Data Protection Act 2010, you consent to 3000 Trucks holding, processing and disclosing your personal data to others as described in the PDPA Notice.
8.4
In any circumstances where you may have provided personal data relating to other persons, you represent and warrant that you are authorised to provide their personal data to 3000 Trucks and you have obtained their consent for their personal data to be held processed and disclosed by 3000 Trucks.
9.1
You must provide 3000 Trucks with all the information, documents, permits, licences, insurance policies or approvals as may be requested by 3000 Trucks from time to time and such request must be fulfilled by you in the manner and form as prescribed by 3000 Trucks no later than 3 days from the date of such request being made to you.
10.1
3000 Trucks may offer services via the Application to you that provide a level of comfort about the identity or history of a User. You acknowledge and agree that as those services are based upon information provided by the relevant User or third parties (including social networking sites, telecommunications providers, other Transporters or Users and others) the services are only intended to provide a degree of comfort, may be inaccurate and are not an absolute guarantee regarding the identity or history of any person.
10.2
Other than for the purpose of performing a Project, you are prohibited from contacting any person based on the information as you may have obtained by accessing or using the Application or during course of performing a Project.
11.1
You further undertake and covenant with 3000 Trucks that during the subsistence of this Agreement:
(a) you shall possess all the license, permit and approval required to operate the motor vehicle of which you intend to use to perform a Project accepted by you via the Application and have all the appropriate licenses, approvals and authority to provide transportation, logistical or delivery services for hire to third parties;
(b) you shall own or have the legal right and authority to operate, the motor vehicle of which you intend to use to perform a Project and such motor vehicle shall be in good operating condition and meets the industry safety standards for motor vehicle of its kind;
(c) you shall ensure that the motor vehicle that you intend to use to perform a Project is of the same type as requested by the relevant User and as stated in the Project Description.
(d) you will use the appropriate road safety equipment, as required by applicable Laws;
(e) you shall have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of the motor vehicle of which you intend to use to perform a Project;
(f) you shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation, logistical or delivery service provided by you;
(g) you shall obey the Laws related to the operation of a goods transportation and delivery service and will be solely responsible for any violations of such Laws; and
(h) in performing a Project, you shall always be courteous and polite and comply with each and every applicable term and condition contained in the Standard Delivery Contract.
13.1
The Application is delivered to you on an “as is” and “as available” basis and although 3000 Trucks has used its best endeavours to ensure that the Application will work properly on your digital device 3000 Trucks does not warrant, covenant nor undertake that the Application will be available on a continuous uninterrupted or fault-free basis.
13.2
3000 Trucks exclude all liability in relation to:
(a) any fault in, or failure of, any equipment, software or third-party services used in connection with the supply of use of the Application to you; or
(b) any fault or failure in the supply of use of the Application involving any act, omission or event outside 3000 Trucks’ reasonable control, including but not limited to any equipment failure, power failure, fire, flood, water, labour dispute or shortage, utility curtailment, explosion, emergency, civil disturbance, war, act of God, governmental action or act or omission of any third party.
13.3
If 3000 Trucks become aware of any such fault or failure as above stated, then 3000 Trucks will use reasonable endeavours to address it. You must promptly notify 3000 Trucks of any fault of which you become aware.
13.4
3000 Trucks does not make any undertaking, representation or warranty in respect of the services or Projects procured through the use of the Application.
13.5
All liability of 3000 Trucks is excluded in respect of any damages including but not limited to indirect, accidental, special, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with or otherwise resulting from any Project procure by you through the use of the Application.
13.6
3000 Trucks shall not be liable for any damages including but not limited to indirect, accidental, special, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Application.
13.7
The foregoing limitations and exclusions apply to the extent permitted by the Laws.
14.1
To the maximum extent permitted by the Laws, you must indemnify 3000 Trucks against any and all claims, damages, demands, losses, liabilities, and expenses arising out of or in connection with:
(a) any negligence by you in connection with any Project, the Application or any breach of this Agreement by you; OR
(b) any claim by any User against 3000 Trucks in relation to any Project where you are the relevant Transporter.
14.2
This indemnity may be enforced by 3000 Trucks before and without incurring any expense or making any payment to any person.
15.1
You also undertake and covenant with 3000 Trucks that prior to accepting of any Project posted on the Application you shall have a valid business insurance to cover any anticipated losses related to the operation of a goods transportation and delivery service (commonly known as “Carrier’s Liability Insurance”) and provide a copy of the relevant insurance policy to 3000 Trucks via the Application.
15.2
For the purpose of accepting a Project, you may instead purchase the Carrier’s Liability Insurance offered on the Application by third-party insurer and allow 3000 Trucks to pay on your behalf the premium payable for such Carrier’s Liability Insurance and thereafter deduct the same from the relevant Delivery Fee, Idle Fee (if any) or Cancellation Fee (if any), as the case may be.
15.3
Any offer to provide Carrier’s Liability Insurance in relation to a Project is offered by the relevant third-party insurer and not by 3000 Trucks. 3000 Trucks merely provide the ability to obtain the Carrier’s Liability Insurance as an optional additional service to you. It is your responsibility to consider and decide if both the amount of the Carrier’s Liability Insurance, and the other terms and conditions upon which it is offered, are appropriate and sufficient for you.
16.1
Either you or 3000 Trucks may terminate this agreement at any time by giving the other at least 5 days prior notice. 3000 Trucks’ and your obligations:
(a) in relation to any Project completed before the effective date of termination or any outstanding Standard Delivery Contract as at the effective date of termination; andd
(b) under clauses 4, 7, 8, 13, 10.2, 19 and 20;
will survive the termination. In addition, your obligations to the relevant User under any outstanding Standard Delivery Contract are not affected by any termination.
17.1
You must safeguard any login name and password 3000 Trucks may provide to you in relation to the Application and you represent and warrant that you shall not:
(a) disclose your account details and credential to any third parties; OR
(b) allow any third party to use your account on the Application or impersonate you in the use of your account.
17.2
3000 Trucks shall assume that any person using your digital device or your login name and password will either be you or someone authorised by you.
17.3
You must:
(a) not use any Project, the Application or any services provided therein for any illegal purpose or in connection with any illegal act; and
(b) not do, or permit to be done, any act that could damage our reputation, or the reputation of the Application.
18.1
3000 Trucks may at any time, without prior notice, suspend or revoke your status as a registered Transporter of the Application if:
(a) you breach this Agreement;
(b) you breach any Standard Delivery Contract with any User or are the subject of one or more complaints by any User;
(c) 3000 Trucks believe that you are likely to breach this Agreement; OR
(d) 3000 Trucks believe that you hold, or have previously held, any other registration as a Transporter or User (whether in your own right or through or in co-operation with any other person) and have breached the relevant agreement with 3000 Trucks or had the other registration revoked or suspended.
18.2
3000 Trucks may also suspend your status as a registered Transporter of the Application while pending your fulfilment of the request made by 3000 Trucks in pursuant to Clause 9.1 above within the timeframe stipulated therein.
19.1
The Application may provide links to, or enable access to, third party services and websites (“External Services”). You agree and acknowledge that:
(a) 3000 Trucks is not the provider of any such External Services;
(b) use of an External Service may require that you accept additional terms;
(c) any link or access to an External Service is provided solely as a convenience to you and 3000 Trucks does not endorse any External Service and has not, and is not required to, examine or evaluate the content, accuracy, completeness, validity, legality, decency, quality, or any other aspect of any such External Service; and
(d) your use of any such External Service is at your sole risk and, to the extent permitted by Laws, 3000 Trucks will have no liability to you in connection with any such External Service or its use.
20.1
From time to time 3000 Trucks may amend this Agreement, the Standard Delivery Contract, the Price List or Transporter Terms of Payment by notice to you. Any such amendment will not take effect earlier than 3 days after the date on which 3000 Trucks notify you. If an amendment is not acceptable to you then you may terminate this agreement in accordance with clause 16.
21.1
Any notice given under this Agreement by either party to the other must be in writing sent via the Application, or by ordinary prepaid mail or email to the corresponding address below, unless either party notifies the other of a change of the relevant address.
(a) You: Your current email and correspondence address as registered with us.
(b) 3000 Trucks: info@3000trucks.com No.44, Jalan Industri Mas 4, Taman Mas, 47100 Puchong, Selangor
22.1
3000 Trucks grants to you a revocable, limited, non-exclusive, non-assignable and non-sublicensable license to install and use a copy of the Application on your digital device for your use and subject to the terms and conditions contained herein.
22.2
In your use of the Application, you shall not:
(a) rent, lease, sublicense, distribute or transfer copies of the Application or the license for the use of the Application to any third parties or otherwise commercially exploit the Application other than for arranging or scheduling transportation, logistical or delivery services;
(b) modify, adapt, reverse engineer, decompile, disassemble, translate the Application or create derivative works based on the Application;
(c) in any way: (i) interrupt the normal performance/operation of the Application, or use any methods to export or modify the source code of the Application; (ii) cause or facilitate unauthorized access to or deny authorized access to, any software, hardware, network, services, systems or data;
(d) upload or disseminate any kinds of computer viruses, worms, trojans, or malicious codes;
(e) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such material or information;
(f) post, distribute or reproduce any information or material on the Application which is offensive, defamatory, libellous, vexatious, obscene, threatening or which is otherwise unlawful;
(g) engage in spamming and phishing activities;
(h) use the Application in any way to track, stalk, harass or hurt any person; OR
(i) engage in any unlawful or illegal activity which is in contravention of any applicable Laws and regulations.
22.3
You shall not install and/or execute the Application on any device other than the digital device running the operating systems approved by 3000 Trucks.
22.4
Other than the license to use the Application granted in paragraph 22.1, no other license or right is hereby granted to you.
23.1
The relationship between you and 3000 Trucks is that of independent contracting parties and, except to the extent (if any) expressly stated in this Agreement, no employment, agency, partnership or fiduciary relationship will arise as a result of this or any related agreement. You have no right, power or authority to bind 3000 Trucks to any agreement, arrangement or understanding in any manner whatsoever.
24.1
All intellectual property (including copyright) in the Application, and anything provided to you in connection with this Agreement or the Application, will remain as property of 3000 Trucks.
25.1
Any term, condition, stipulation, provision or undertaking in this Agreement which is illegal, void prohibited or unenforceable shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability and shall not invalidate or render illegal, void or unenforceable any other terms, conditions, stipulations, provisions, covenant or undertaking herein contained.
26.1
No right of any of the parties hereto under this Agreement shall be deemed to be waived except by notice in writing signed by the relevant party. A waiver by any of the parties hereto pursuant to this clause will not prejudice its rights in respect of any subsequent breach of this Agreement.
27.1
This Agreement shall be governed by and construed in all respects in accordance with the laws of Malaysia and you hereby irrevocably:
i) submits to the exclusive jurisdiction of the Courts in Malaysia;
ii) waives any objections on the ground of venue or forum non conveniens or any similar grounds; and
iii) consent to service of process by registered mail or in any other manner permitted by the relevant Law.
28.1
You may not transfer or assign your rights or obligations under this Agreement to any other person. 3000 Trucks may assign their rights, and subcontract their obligations, under this Agreement.
29.1
This Agreement constitutes the whole agreement between you and 3000 Trucks with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
