Delivery Service Agreement

1 March 2025
    Your engagement with iCompany to utilise the provided services on our web application system (“System”) is subjected to your acceptance of this Delivery Service Agreement. iCompany reserves the right, at its sole discretion, to change, modify, add or remove this Delivery Service Agreement, in part or in whole, at any time, without prior notice to you.

    It is your responsibility and duty to check the Delivery Service Agreement periodically for changes. Your continued use of the System following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Delivery Service Agreement, iCompany grants you a personal, non-exclusive, non-transferable, limited privilege to enter the System.

  1. Delivery Partner
    2. You may have the option to choose the delivery partner as may be provided or displayed in the System. The delivery partners may include:
    1. POS MALAYSIA BERHAD
    2. LALAMOVE MALAYSIA SDN BHD
    3. GRABCAR SDN BHD
    4. PGEON XPRESS SDN BHD

    By continuing to use the delivery services provided by us and/or the delivery partner(s), you agree, accept and confirm that you have read, understand and accept the terms and condition contained in this Delivery Service Agreement and the terms and conditions and/or contract and/or other applicable document provided by such delivery partner. You may access the delivery partner’s terms and conditions and/or contract and/or other applicable at:
    1. POS MALAYSIA BERHAD
      https://www.pos.com.my/legal/terms-and-conditions-sendparcel
    2. LALAMOVE MALAYSIA SDN BHD
      https://www.lalamove.com/en-my/terms-and-conditions
    3. GRABCAR SDN BHD
      https://www.grab.com/my/terms-policies/transport-delivery-logistics/#clause-b4
    4. PGEON XPRESS SDN BHD
      https://pgeon.delivery/my/en/terms-and-conditions/#:~:text=Pgeon%20will%20ensure%20the%20Consignment,as%20written%20on%20the%20AWB

    The above URL is provided by the Delivery Partner on 8 September 2023. You hereby agree, accept and acknowledge that the URL or its content and/or the delivery partner’s terms and conditions and/or contract and/or other applicable document may be modified from time to time by the delivery partner in accordance with their terms and conditions and you agree that iCompany shall not be responsible in any manner whatsoever to provide you with the updated version of terms and conditions and/or contract and/or other applicable documents. You further agree to undertake all reasonable means to gain access, read and accept to such terms and conditions.

  2. Availability of the Delivery Partner
    3. iCompany does not provide any guarantee on the availability of such delivery partner to undertake the delivery service(s). In such event you agree that iCompany shall have the sole right to assign the delivery task to other delivery partner. Subsequently, you agree and accept to such other delivery partner’s terms and conditions and/or contract and/or other applicable document.

  3. Applicability of Delivery Service Agreement
    4. This Delivery Service Agreement together with iCompany’s user terms and conditions and/or contracts and/or any documentation shall form the complete understanding between you and iCompany. By accepting this Delivery Service Agreement, you acknowledge and agree to this Delivery Service Agreement and iCompany policies that iCompany makes applicable to you from time to time, to the fullest extent possible. Unless defined herein, the words, phrases and capitalized terms, which are contained or referred to in this Delivery Service Agreement, shall be construed as having the meaning thereby attributed to them in the Agreement.

  4. Service and Charges
    1. Subject to terms and conditions contained in this Delivery Service Agreement, iCompany undertakes all reasonable steps to ensure that the delivery services which will be provided by the Delivery Partner to be available on the System. The delivery services will be provided upon a request for the same is placed by you through the System. iCompany may take all reasonable efforts to ensure that the Delivery Partner will provide the delivery services to the best of its abilities.
    2. You hereby agree and acknowledge that the upon acceptance of an order by the Delivery Partner, the delivery services undertaken by such Delivery Partner shall constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislations, between the Delivery Partner and the User, to which iCompany is not a party.
    3. You agree and understand that the Delivery Partner shall collect the order from the iCompany’s office and subsequently deliver the said order to you, in accordance with the specific time agreed between you and the Delivery Partner via iCompany’s System or the system or platform provided by the Delivery Partner.
    4. In consideration for the delivery services and the System’s delivery services provided by the Delivery Partner and iCompany, you hereby agree that both iCompany and the Delivery Partner may charge for such service (“Delivery Charges”). The charges or the estimate charges will be displayed or provided by the System and/or the Delivery Partner via the System.
      The delivery services shall only be provided by iCompany and/or the Delivery Partner upon full payment of the said Delivery Charges. The Delivery Charges are subjected to the your location, location of iCompany, the distance between your location and iCompany’s office and the time of the delivery. You agree, accept, acknowledge and confirm that iCompany shall have the absolute power to vary the rate of the Delivery Charges.
    5. In using the delivery services, you warrant that you are the intended recipient or the authorized agents of the recipient of the documents or goods to be delivered. Upon your placement of order of the delivery services via the System you undertake that you or your agent will be made available to receive the parcel by the Delivery Partner, if applicable.

  5. Obligations of iCompany
    1. iCompany shall perform its obligations under this Agreement in a reasonable and timely manner in accordance with the provisions of this Agreement.
    2. iCompany shall provide the User with such information and advice in connection with the Delivery Services.

  6. Intellectual Property Rights
    1. You hereby agree that all Intellectual Property Rights shall be in absolute ownership, possession and control of iCompany and you are only permitted to use such Intellectual Property Rights in connection with the Delivery Services rendered under this Delivery Service Agreement as are specifically permitted by iCompany. iCompany hereby clarify that no license or rights is granted in the Intellectual Property Rights to you or the Delivery Partner under this Delivery Service Agreement, by implication or otherwise.
    2. Notwithstanding anything contained in this Delivery Service Agreement, in the event where you exploit the Intellectual Property Rights in such manner so as to license, sub-license, create derivative Intellectual Property Rights, use it otherwise not being in connection with delivery services rendered under this Delivery Service Agreement, the same shall constitute a breach of this Delivery Service Agreement and iCompany reserves its rights to resort to legal proceedings against you for recovering damages and losses suffered or likely to be suffered.

  7. Termination
    1. iCompany reserves the right to terminate this Delivery Service Agreement and deny you access to the System at any time for any reason. The date on which your access to the System is intentionally blocked by iCompany shall be considered as the Termination Date of this Delivery Service Agreement.
    2. Without prejudice to the generality of the foregoing clause, iCompany reserves the right to terminate this Delivery Service Agreement with immediate effect for:
      1. your breach of any term of this Delivery Service Agreement;
      2. your action or omission which can cause legal or contractual liability for iCompany including but not limited to fraudulent conduct, your complaints, continuous unsatisfactory reviews by you, misconduct, negligence, and all other actions specifically prohibited under all applicable laws.
      3. iCompany is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services to you is detrimental to the business interest of iCompany due to your act, such as the following:
        1. Misbehavior, rude behavior with the staff of iCompany, or any other persons associated with the iCompany.
        2. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of iCompany, person associated with iCompany and any other persons.
        3. Concealment of fact / material information while entering into contract with iCompany.
        4. Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to iCompany’s brand and its image.
        5. Indulging in unauthorized disclosure of Confidential Information of iCompany to external agency, person, iCompany or organization.
        6. Failure to abide by any of the rules and guidelines given by iCompany as part of service quality standards and principles.
    3. Notwithstanding anything contained in this Clause, iCompany reserves the right to recover any amounts due and owed by you and take appropriate legal actions that may be available under all applicable laws and equity for recovery of any amounts due.
    4. In the event where you intend to terminate this Delivery Service Agreement, you shall notify iCompany in advance by giving a fifteen (15) days prior notice in writing of your intention to terminate this agreement. The termination of this Delivery Service Agreement shall be effective upon the issuance of written notice of acceptance of termination by iCompany.

  8. Amendment
    9. iCompany reserves the right to change, modify, reinstate, amend or delete any terms and conditions contained in this Delivery Service Agreement, without prior notice, at any time and in its sole discretion, by posting a change notice or a new agreement on the System. You shall be responsible for keeping yourself apprised and informed of the revised terms and conditions at all times.

  9. Relationship Of The Parties
    10. You agree that the Delivery Partner is an independent business contractor and this Delivery Service Agreement is a principal-to-principal contract. It shall not create any partnership, joint venture, employment, agency, franchise, sales representative or any vicarious and absolute liability relationship between the parties.
    It is clarified between the parties that neither of the parties shall be liable for any action or omission of the other party in any manner. It is clearly understood and agreed that under this Delivery Service Agreement no relationship of employer and employee exists between iCompany and Delivery Partner or yourself.

  10. Indemnification and Limitation of Liability
    1. You agree that iCompany may provide a limited indemnity and it shall only be applicable to any loss caused by the System during the placement of order for the delivery services. iCompany shall not be held liable for any loss caused by the third-party service provider including the payment getaway system or the Delivery Partner’s system or the loss of the ordered item during the delivery transition. Should the delivery services failed for whatever reason you hereby agree that you shall make a new order and payment in the System.
    2. You agree and undertake to indemnify and to hold harmless the iCompany its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives or any third party from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of

      (i) any breach or alleged breach by you of your obligations, performance or observance of your role, functions, responsibilities, representations, or warranties under the Delivery Service Agreement;
      (ii) any violation of iCompany’s policies;
      (iii) any act or omission that causes or may cause harm to the reputation and goodwill of iCompany;
      (iv) any claim of violation of intellectual property of iCompany or any third party by your usage of Intellectual Property Rights in a manner not permitted under the Delivery Service Agreement;
      (v) your misconduct or unauthorized access or use of other user’s data on the System or by the transferring of such data to any third party or unauthorized disclosure or use of Confidential Information of iCompany;
      (vi) any act of theft, fraud, negligence and misconduct by you;
      (vii) any damage to the User’s property or any asset; and
      (viii) any misbehavior towards iCompany and its employees or tampering with documents packaging while participating in the Delivery Services.
    3. In addition to the indemnification rights of iCompany under this Delivery Service Agreement, iCompany shall also be entitled to such other remedies available under Applicable Law for breach of contract where time is of essence.

  11. Penalty
    12. Notwithstanding anything contrary contained in this Delivery Service Agreement or the Agreement, iCompany shall reserve a right to charge you a penalty in the event you indulge in fraudulent activities while utilising Delivery Services.

  12. Miscellaneous
    13. Force Majeure: Neither Party shall have any liability under or be deemed to be in breach of this Delivery Service Agreement for any delays or failures in performance of this Delivery Service Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country.

    Assignment: No rights or liabilities under this Delivery Service Agreement can be assigned by any of the Parties hereto without the prior written consent of the other Party.

    Waiver: No waiver of any part of this Delivery Service Agreement or consent to any departure from it by any Party shall be effective unless it is in writing. A waiver or consent shall be effective only for the purpose for which it is given. No default or delay on the part of any Party in exercising any rights, powers or privileges operates as a waiver of any right, nor does a single or partial exercise of a right exclude others.

    Severance: Any provision of these Delivery Service Agreement which is invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without affecting in any way the validity, legality and enforceability of the remaining provisions hereof.

  13. Confidentiality
    14. Other than for provision of Delivery Services by the Delivery Partner, iCompany does not share any other information with third parties unless requisitioned by (i) government authorities or (ii) the Delivery Partner, whether orally or in writing (via email, phones etc.) for any purpose whatsoever.
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