Terms and Conditions


Important – please read these terms carefully.

By using this Service, you agree that you have read, understood, accepted and agreed with the Terms of Use. If you do not agree to the terms and wish to discontinue using the Service (as defined below), please do not continue using this App. The terms and conditions stated herein (collectively, the "Terms of Use") constitute a legal agreement between you and PostoLab Sdn. Bhd. (the "Company"). In order to use the Service (each as defined below) you must agree to the Terms of Use that are set out below. By using the mobile application supplied to you by the Company (the "Application"), and downloading, installing or using any associated software supplied by the Company ("the Software") which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the "Service"), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to this Terms of Use as published from time to time at http://www.postoexpress.com or through the Application.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.postoexpress.com. You agree that it shall be your responsibility to review the Terms of Use regularly and also the Terms of Use applicable to any country where you use the Service which may differ from the country where you registered for the Application ("the Alternate Country") whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes. You further agree that usage of the Service in the Alternate Country shall be subject to the Terms of Use prevailing for the Alternate Country which can be found at http://www.postoexpress.com.

The company does not provide courier services and the company is not a courier service provider. It is up to the third party transportation providers to offer a courier services to you and up to you to accept such courier services. The service of the company is to link you with such courier providers, but does not nor is it intended to provide courier services or any act that can be construed in any way as an act of a courrier service provider. The company is not responsible nor liable for the acts and/or omissions of any courier provider and/or any courier services provided to you.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least 18 years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of 18 or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate. Your use of the Service is for your sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check to ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Software or the Services, you agree that:

  • You will only use the Service for lawful purposes;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not use the Service, Application and/or Software for purposes other than obtaining the Service;
  • You shall not contact the Third Party COURIER Provider for purposes other than the Service;
  • You will not impair the proper operation of the network;
  • You will not try to harm the Service, Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will provide us with whatever proof of identity we may reasonably request;
  • You will only use an access point or data account (AP) which you are authorized to use;
  • You are aware that when requesting a courier service by SMS or use of the Service, standard telco charges will apply;
  • You agree that the Service is provided on a reasonable effort basis;
  • You agree that your use of the Service will be subject to the Company's Privacy Policy as may be amended from time to time; and
  • Where you are using the Posto Express service, you confirm that you are a tourist within the meaning attributed under Section 2 of the Tourism Industry Act 1992.

Prohibited Delivery Items

Some items cannot be sent through our services. Some of these are obvious, but others you may not know about. For example, aerosol cans are not allowed as they can explode in the right environment. The following items are strictly prohibited from shipment, and must not be sent through our services under any circumstance.

We will not accept any materials and products that may be dangerous or hazardous to handling staff. It is the sender's responsibility to comply with current government regulations or laws applicable in each country.

  • Alcohols
  • Animal skins / Furs / Any Animal Parts including meat / Ivory and ivory products
  • Articles of exceptional value (eg, works of art, antiques, precious stones, gold and silver)
  • Box with Hazardous label - Items sent with a Hazardous label attached will be classed as such. DO NOT RE USE OLD HAZARDOUS BOXES
  • Cheques or Tickets that are not named
  • Dangerous goods - eg Explosives / Fireworks / Christmas Crackers / Radioactive Materials / Deactivated or Replica Weapons and Munitions / Firearms / Swords / Knives / Axe / Chainsaw / Anything with a blade larger than 1.5 inches / Weapons
  • Dry Ice
  • Engines / Generators / Gearboxes or any part containing or having contained oil/petrol unless flushed through
  • Food items (Perishable)
  • Gold & Silver, Jewellery including Watches over USD 200
  • Hazardous materials eg Paint / Adhesives / Chemicals / Flammable resins/ solvents/ liquids / Compressed Air & Empty cylinders / Items containing any gases - See Also Household goods
  • Human Remains / Body Fluids
  • Liquids / Adhesives / Paint / Oil / Creams / Gels
  • Live / Dead animals
  • Magnets or items containing ferro-magnetic material
  • Money, Keys, Negotiable items / Payment cards
  • Passports / Birth Certificates / Driving Licences
  • Tobacco and tobacco products
  • Wet or Lithium Batteries or any item containing them (Such as, but not limited to, an iphone ) (Not including Dry Cell)
  • Written Prescriptions / Prescribed Drugs / Medication / Any Controlled / Illegal substance

Payment

You may choose to pay for the Service by credit card or through the provided online payment gateway. In the event that you choose to pay for the Service by Card, you will need to register a valid Card in accordance with the instructions within the Application.

Once you have completed a service using the Service, your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the courier service provided, then that dispute must be taken up with the courier service provider directly.


We have the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity or where we reasonably believe you to be in breach of the Terms of Use.


You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with any prevailing laws or regulations in place.

You shall be responsible to resolve any disputes with your Card company on your own.

License Grant & Restrictions

The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your own personal, non-commercial purposes, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

You shall not:

  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
  2. modify or make derivative works based on the Application and/or the Software;
  3. create internet "links" to the Application or "frame" or "mirror" any Software on any other server or wireless or internet-based device;
  4. reverse engineer or access the Software in order to
    1. build a competitive product or service,
    2. build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or
    3. copy any ideas, features, functions or graphics of the Application and/or the Software,
  5. launch an automated program or script, including, but not limited to, 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 Application and/or the Software,
  6. use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
  7. 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 proprietary rights,
  8. remove any copyright, trademark or other proprietary rights notices contained in the Service.

You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:

  1. send spam or otherwise duplicative or unsolicited messages;
  2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
  3. send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
  4. interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
  5. attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or
  6. Impersonate any person or entity.

Intellectual Property Ownership

The Company and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and/or the Application and the Courier Service Providers' logos and the product names associated with the Software and/or the Application are trademarks of the Company or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term Software and Application herein shall include its respective components, processes and design in its entirety.

Personal Data Protection Act

You agree and consent to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.

For the purposes of this Agreement, "Personal Data" means information about you, from which you are identifiable, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit card or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.

The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow you to use the Service.

The Company may use and process your Personal Data for business and activities of the Company which shall include, without limitation the following ("the Purpose"):

  • To perform the Company's obligations in respect of any contract entered into with you;
  • To provide you with any services pursuant to the Terms of Use herein;
  • To process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use herein;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
  • To process any refunds, rebates and or charges pursuant to the Terms of Use herein;
  • To facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
  • To respond to questions, comments and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For purposes of detection, prevention and prosecution of crime;
  • For the Company to comply with its obligations under law;
  • To send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
  • To notify and invite you to events or activities organised by the Company, its partners, advertisers, and or sponsors;
  • To share your Personal Data amongst the companies within the Posto Express group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group ("the Group") and with the Company's and Group's agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

If you do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.

If any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account, please update your details by sending your request to the support contact details as provided in the Application.

We will, to the best of our abilities, effect such changes as requested within 14 working days of receipt of such notice of change.

By submitting your information you consent to the use of that information as set out in the form of submission and in this Terms of Use.

Third Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors, shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third- party. The Company does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall the Company, or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing or in accordance with the procedure determined by the Company. The Company reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company's website located at www.postoexpress.com. You agree and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party Courier Service Provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

  1. your use of the Service, Software and/or the Application, your dealing with the third party Transportation Providers, third party providers, partners, advertisers and/or sponsors, or
  2. your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein or
  3. your violation of any rights of any third party, including third party Transportation Providers arranged via the Service, or
  4. your use or misuse of the Service, Software and/or the Application.

Disclaimer of Warranties

The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the services, application and/or the software. The company does not represent or warrant that

  1. the use of the service, application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
  2. the service will meet your requirements or expectations,
  3. any stored data will be accurate or reliable,
  4. the quality of any products, services, information, or other materials purchased or obtained by you through the application will meet your requirements or expectations,
  5. errors or defects in the application and/or the software will be corrected, or
  6. the application or the server(s) that make the application available are free of viruses or other harmful components, or
  7. the application and/or the software tracks you or the vehicle used by the transportation provider. The service is provided to you strictly on an "as is" basis.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the maximum extent. The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to the third party transportation services obtained by or from third parties through the use of the service, application and/or the software. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to the company.

Internet Delays

The service, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third party transportation provider being faulty, not connected, out of range, switched off or not functioning. The company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

Limitation of Liability

Any claims against the company by you shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the service during the event giving rise to such claims. In no event shall the company and/or its licensors be liable to you or anyone for any direct, indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, and loss of data, goods, revenue, profits, use or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person for whom you have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if the company and/or its licensors have been previously advised of the possibility of such damages.

The company does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including third party transportation providers, advertisers and/or sponsors and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the third party providers including third party transportation providers, advertisers and/or sponsors. The company will not be a party to disputes, negotiations of disputes between you and such third party providers including third party transportation providers, advertisers and/or sponsors. We cannot and will not play any role in managing payments between you and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions you make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to you by the service, software and/or the application.

The quality of the third party transportation services scheduled through the use of the service is entirely the responsibility of the third party transportation provider who ultimately provides such transportation services to you. You understand, therefore, that by using the service, you may be exposed to transportation that is potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the service at your own risk.

Notice

The Company may give notice by means of a general notice on the Application, electronic mail to your email address in the records of the Company, or by written communication sent by Registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

Assignment

The agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

General

This Agreement shall be governed by Malaysia law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be subject to the exclusive jurisdiction of the courts of Malaysia to which you hereby agree to submit to.

In the event that the law in an Alternate Country does not allow jurisdiction to be that of the courts of Malaysia or where judgment of a Malaysia court is unenforceable in the Alternate Country, unresolved disputes shall be referred to arbitration in Malaysia at the Malaysia Institute or Arbitrators ('MIArb'), in accordance with the Rules of the MIArb or failing which, such rules as may be applicable in the Alternate Country and shall be conducted before an arbitrator appointed by the mutual agreement of the Parties, failing such agreement, by the Director of the MIArb acting in accordance with the Rules of the MIArb or such rules as may be applicable in the Alternate Country.

No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral, between the parties regarding the subject matter contained herein.