These Terms & Conditions of WeHantar Sdn Bhd (“Terms”) govern your access to and use of any and all applications, contents, websites, products and services (“Services”) which are made available to you by WeHantar Sdn Bhd, a private limited company incorporated under the Malaysian Companies Act 2016 and having its registered address at 7-2, Plaza Danau 2, Jalan 2/109F, Taman Danau Desa, 58100 Kuala Lumpur, Malaysia (“WeHantar”).

Please read these Terms carefully and contact us if you have any questions. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. You also confirm that you have read and agreed to the Terms and all of our policies.

A. Usage of WeHantar Sdn Bhd’s Services

1. By accessing our website and Services, you agree to provide information as requested by us to enable us to verify your compliance, data and/or identity to the extent permissible by law. All information provided to us through our website or applications (as the case may be) shall be accurate, complete and not misleading.

2. Should you opt to cease accessing our Services, all existing information may be stored but we shall not utilise your information in any form whatsoever unless otherwise expressly specified under these Terms.

3. You agree that you shall be responsible to maintain the confidentiality of your account and information under such account. You agree to accept responsibility for all activities occurring under your account.

4. You agree to bear all risks attached to the collection and delivery of the packages assigned to the intended destination(s), including any insurance coverage attached to such packages.

5. We reserve our rights to refuse service, terminate your account(s) and your rights to use our Services should any illegal, prohibited, or unauthorised activities or usage of your account be found at any time during your access to our Services.

6. We welcome your comments, contents, ideas, queries, reviews and/or suggestions (“Customer’s Contents”) on our website and any platforms that we offer, provided that such Customer’s Contents do not violate any laws, defamatory, infringing of any party’s intellectual property, invasive of any party’s privacy, obscene or would cause any injury to any party.

7. We reserve our rights to amend, change or edit the Customer’s Contents to the extent that such Customer’s Content complies with the law. We do not regularise the Customer’s Contents insofar as such contents pertain our Services to you. For clarification, any publications on the performance of our Services may not be altered but publications that defame or threaten another party may be removed at our discretion.

8. In connection to the Customer’s Content, you represent that you have control over such contents and that you would indemnify us in the event that any injury is proved to have occurred onto the other entity or party. We shall not be liable for any content on our platforms that are published by you to or about any party.

B. Delivery & Schedule of Packages

1. WeHantar offers both collection and delivery services on a door-to-door basis to you.

2. The Services rendered by WeHantar enables you to make arrangements and schedule deliveries of packages to the designated address(es) by independent third-party providers of delivery services who are affiliated with WeHantar.

3. Our collection and delivery service cover a wide range of areas, all across states in the Association of Southeast Asian Nations (ASEAN). Our coverage may differ at our discretion, from time to time, and may be changed without further notice to you.

4. Our operating hours range on Mondays to Sundays, subject to public holidays in each of the states and other operating hours which may not be fit for collection or delivery of your packages.

5. We offer a maximum limit of up to 75kg for the collection and delivery of your package(s). We reserve our rights to reject any collection and delivery of any packages which exceed the limit and return the package to you.

6. We are also committed to ensuring that all packages are collected and delivered in a timely manner to all our customers.

7. In case of a missed collection of a package, you agree to bear the responsibility to inform us of the designated time and place of collection upon which we shall arrange for the same to be collected. If you do not inform us of such missed collection, orders for collection will be valid for 3 days. Once such period has lapsed:-

   1. (a)  order(s) made by you shall be deemed to have been collected and delivered; and

   2. (b)  we reserve the right to retain all payments made by you for such orders.

8. In the event the intended recipient of a package is not present at the delivery address upon our rider’s time of delivery, our rider would give a call to the intended recipient of your order (“Intended Recipient”). If the Intended Recipient is not available to receive a package:-

   1. (a)  we will arrange a designated time for your collection upon arrangements with the Intended Recipient; and

   2. (b)  in the event, the arrangement with the Intended Recipient does not materialise within 3 days of such arrangement, the package shall be left at the designated address of the Intended Recipient without any further notice to the Intended Recipient.

      [Note: This clause would be subjected to WeHantar’s delivery policy]

9. You agree that by signing up to our Services, you shall not assign, designate or order any forbidden, illegal and/or prohibited items or any items which may violate any laws (“Prohibited Items”). In the event such package contains any Prohibited Items:-

(a) we reserve our rights to impose surcharges on you and that your package may not be returned to you;

1. (b)  no refund of any orders will be made, and we will not entertain any claims for compensation by you;

2. (c)  we also reserve our rights to dispose of the Prohibited Items, in whole or in part, in accordance with the applicable and relevant legislation(s);

3. (d)  additional charges incurred for such disposal will be imposed on you without any further notice to you;

4. (e)  we further reserve the rights to intercept, investigate and/or withhold the contents of a package suspected to contain the Prohibited Items and/or packages suspected to be related or are in connection to any criminal offences; and/or

5. (f)  the law enforcement will be notified of the Prohibited Items as and when deemed necessary by us.

C. Price & Payment

1. Prices are quoted in Malaysian Ringgit (MYR). You must effect payments in the currency wherein the Services are rendered.

2. If you do not hold an account in the relevant currency, payment may be made by debit or credit card (or any such method of payment which WeHantar may offer from time to time), and your card company should exchange the amount charged to the currency of your country at their current rate(s).

D. Compensation For Lost or Damaged Packages

1. We are committed to ensuring that your package(s) are collected and delivered safely at their assigned destinations.

2. Any claims for packages that are damaged, impaired and/or lost may be made insofar as the conditions of the packages are due to the fault of WeHantar or our affiliates, after making due and careful diligence into the aforesaid conditions of such packages.

3. Claims for compensation may be made directly at our website, the link provided during your order of the delivery, email to us at info@wehantar.com or by our customer line at ______. Details of your claim must include:-

   1. (a)  proof of delivery of the package;

   2. (b)  proof of address assigned for the delivery of the package; and/or

   3. (c)  photographs or videos demonstrating the damaged item.

   [Note: This clause on compensation would be subject to WeHantar’s policies].

4. We aim to respond to your claims or queries as soon as possible. However, any complaints or claims made would take at least 3 working days for our response, depending on the volume of claims or queries received at the time your claim is made.

E. Communications

1. Your access to our Services may be conducted via online means, i.e., correspondence via emails, text messages, online customer enquiry platforms or any such means of communications from your device.

2. By accessing our Services, you agree to receive communications from us via electronic means, including but not limited to emails, messages, online text messages, push notices or through other communication methods offered by us.

3. You agree that all agreements, contents, disclosures, notices or such other communication that we provide to you at any of the aforesaid electronic platforms satisfy the legal requirements that such communication is done in writing.

F. Disclaimers & Limitation of Liability

1. Any Services rendered to you, including but not limited to the contents, information and/or materials, are on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations that our Services made available to you are risk-free of any nature whatsoever and that your usage of our Services shall be at your sole risk.

2. We disclaim all representations or warranties, whether expressly or impliedly given, including but not limited to any representations or warranties pertaining to the functionality of any packages assigned to the Intended Recipient or for whatever purposes other than for the collection and delivery of such packages.

3. All communications made to you in the course of your usage of our Services are made free from viruses or other harmful components. We do not source out any corresponding methods to other third parties and therefore, do not have any other affiliates, agents and/or staff performing such communications. [Note: This would be dependent on WeHantar’s policies]

4. WeHantar, our affiliates, agents, directors, employees, officers or suppliers or other such persons shall not be liable to you in any way whatsoever under no circumstances would either party to these Terms, for any incidental, indirect, exemplary, special or other damages, including loss of profits, loss of business or sales, loss of data or information or any other loss(es) incurred by such party or third party, which arises from or in connection to these Terms, regardless of whether such party has been advised of the possibility such damages.

5. We are not liable for any damages arising from or in connection to any shipments which may be delayed due to unforeseen circumstances, and which are not within our control including but not limited to the following circumstances:-

   1. (a)  any acts of God;

   2. (b)  bad weather conditions, including floods, heavy rains or thunderstorms;

   3. (c)  mechanical breakdown;

   4. (d)  vehicle accidents;

1. (e)  strikes;

2. (f)  closures of any public or private roadways;

3. (g)  governmental announcements, declarations and/or regulations which may impact the performance of WeHantar’s Services to you;

4. (h)  custom controls;

5. (i)  immigration checks;

6. (j)  any ambiguous labelling of any consignments which may be misleading to our affiliates, agents, employees, or staff; and/or

7. (k)  any other causes which are beyond WeHantar’s control.

6. Save and except for any costs, damage, expenses, or liabilities to the extent that WeHantar fails to perform its obligations to the standard of a professional provider of the Services, any losses mentioned above shall include but not limited to:-

1. (a)  any liability arises in contract;

2. (b)  any liability arises in tort, negligence, misrepresentation, breach of duty or otherwise;

3. (c)  any damage, losses or liabilities whether by you, your business(es), your employers or otherwise;

4. (d)  any loss(es) of business, opportunity, profits, revenue (whether or not such loss could be expected to arise from these Terms or any breach thereof);

5. (e)  hold-up, misappropriation, or theft by you or other third parties; and/or

6. (f)  loss of your or any other person’s property in connection to these Terms.

G. Communications

1. By accessing our Services, you agree to indemnify us, our affiliates or staff from any actions, claims, proceedings and all other related disputes, liabilities or monies incurred resulting from any dispute by you.

H. Applicable Laws

1. The Terms hereto and all obligations arising from or in connection to these Terms shall be construed, governed by, and take effect in accordance with the laws of Malaysia.

2. Should there be any claims, differences, disputes, or matters arising out of or in connection to these Terms or Services shall be subjected to the exclusive jurisdiction of the courts of Malaysia.

I. Intellectual Property

1. You acknowledge that the contents of the Terms are subject to copyright and trademarks. You shall ensure that these Terms are used solely for your reference purposes and may not be commercially exploited, copied, rebroadcasted, or reproduced in all or any part.

2. You shall not:-

   1. (a)  utilise any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying texts expressly or impliedly mentioned in any part of this website;

   2. (b)  modify copies of any materials from the website;

   3. (c)  alter or delete any copyright, trademark or other proprietary rights, notices, copies belonging to WeHantar; and/or

   4. (d)  any use of this website or the contents hereof which are not expressly permitted by these Terms constitutes a breach of the Terms and may violate applicable copyright, trademark and other laws.

J. Privacy Data & Information

1. WeHantar is committed to preserving and protecting the privacy of our customers. We may collect certain personal and registration data and information and other such information about you. WeHantar’s use of these data and information is governed by our Privacy Policy.

2. By accessing our website and/or Services, you have agreed to provide WeHantar with your information including but not limited to the following information:-

(a) your personal information, including:-

1. your government registered name;

2. residential address;

3. corresponding address, e.g. email addresses, telephone numbers or such address applicable thereto;

4. bank account details, e.g., credit or debit card details, billing name(s) and billing address(es);

your login credentials, including your login identification (ID) and password; and/or

the geographical information of your location at the time of your access to our Services.

(b) (c)

3. This website may present advertisements for or links to third-party products, services or websites (“Third-Party Ads”). WeHantar shall not be responsible for the availability or visibility of these Third-Party Ads, or to its images, messages, slogans or other materials contained therein.

1. WeHantar or any of its affiliates, agents, officers or any such persons shall not be liable for any errors in contents, postings and/or omissions in any of these Third-Party Ads, or responsible for any losses incurred in any way whatsoever as a result of your participation with, use of or reliance on such Third Party Ads, including but not limited to the goods, links, products and/or services offered by such third party.

2. We utilise cookies and local storage to store your information, including data and personal information rendered to us when you access our Services. Such information is stored and utilised to deliver information to you whilst improving our customers’ user experience of our Services.

3. The utilisation of your data and how we store such information is contained in our Privacy Policy.

K. Termination

1. WeHantar may terminate this Terms or Services expressed hereto concerning you, or generally cease to offer or deny you any part of the Services without notice upon the occurrence of the following events:-

(a)

you are in breach of any of these Terms;

(b) you are in breach or violation of any laws of Malaysia or any local laws applicable at the time of your breach / violation including but not limited to:-

1. conducts or publications which are suspected or proven to be abusive, fraudulent, harassing and/or illegal;

2. any behaviours which may be harmful to other users of our Services, our business or commercial interests and/or injurious to other third parties;

3. infringement of our copyrights, intellectual property, trademarks; and/or

(c )in WeHantar’s opinion, any delay in such event or termination would result in damage or injuries to us, any party affiliated with us, our agents, or any third parties.

1. We have, at our sole discretion to terminate any accounts registered by you with us whether in writing or otherwise, or whether with notice to you or otherwise. Notwithstanding the termination, you shall remain liable and responsible for any illegal or injurious acts (as prescribed above) including any payments, products or shipments which are outstanding with us.

2. We shall not, in any way, be liable for any damages incurred arising out of or in connection to our termination of the Services to you and thereafter your inability to access any part of or all of our Services.

3. Any breaches / violations of these Terms entitles us to initiate any action, without further notice to you, including the following actions:-

(a) deletion or erasure of your account or information in all of our platforms; 

(b) accountsuspensionandtermination;and/or

(c) criminal or civil actions, including any charges or claims for damages against you and/or any applicable civil remedies which may be adjudged against you by the Courts of Malaysia.

By agreeing to these Terms, you acknowledged that you have read this entire Terms & Conditions and agree to all of the provisions prescribed herein and together with any amendments of these Terms. You also understand that you have effected a digital signature which you intend that the effect of such signature shall be the same as if the same has been signed by hand.

This Terms & Conditions of WeHantar Sdn Bhd is last updated on 14.3.2022.