The website located at www.haulbiz.com (the “Site”) and the associated mobile application (“Mobile App”) are copyrighted works belonging to Haulbiz Technology Sdn Bhd (“Haulbiz”, “us”, and “we”). Haulbiz provides a service that connects truck company (“Carriers”) to entities who need to ship cargo (including any consignor, consignee, or any other entity with an interest in cargo with respect to which transportation is arranged via the Service) (each, individually, a “Shipper” and collectively, “Shippers”) (collectively, with the Site, Mobile App and all services provided therein or otherwise provided by Haulbiz, the “Service”).
1. SERVICE DESCRIPTION
1.1. General. Haulbiz helps to connect Shippers and Carriers for the shipment of local freight and cargo by providing a platform whereby Shippers can post details of desired shipment requests and Carriers can accept such shipment requests. “User” means any user of the Service, and may be a Carrier or a Shipper, or a representative of either. The Users and/or Customers may via the Platforms request for transportation and/or delivery service to be provided by any of the Third Party Transporters (“Services”).
1.2. Shipment Requests. Shipper may post a request for a shipment (“Shipment”) through the Service. Without limitation, Shipper will provide origin and destination addresses, the requested date and pickup time of the Shipment, a description of the items being shipped (including weight) and any other relevant information about the Shipment. Once the Shipment is accepted for posting by Haulbiz, the details of the Shipment are posted. After a certain period of time, the Shipment will be viewable to all Carriers in the immediate area, though Haulbiz may from time to time. The first Carrier to accept a Shipment will be assigned the Shipment. Once accepted by a Carrier, Haulbiz will notify Shipper that the Shipment has been accepted. Shipper and Carrier will receive each other’s phone number. Each Shipper and Carrier is responsible for providing their own phones for use with the Service. Haulbiz may also, from time to time as the circumstances require, connect Shippers and Carriers outside of the Mobile App. Haulbiz does not guarantee that a Shipment will be accepted by a Carrier. If a Shipment is not accepted by a Carrier, Haulbiz will notify the Shipper that no Carrier is available and that the Shipper should try posting the Shipment again.
1.3. Completing the Shipment. Once a Shipment is completed, the Carrier will upload the proof of delivery signed by the authorized recipient (“Proof of Delivery”). Any routing instructions, or similar information, contained on the Site or within the Mobile App are for informational purposes only and are not to be considered instructional.
1.4 .Cancellation of the Shipment. Shippers may cancel a Shipment at any time prior to it being accepted by a Carrier without any charges. Once the Shipment has been accepted by a Carrier and the driver is already on the way to or has arrived at the first pickup address a cancellation charge of 50% of the total trip charges will be payable by the Shipper.
2. CARRIER TERMS, REPRESENTATIONS AND WARRANTIES
2.1. Carrier Minimal Requirements. As a carrier you represent, warrant, undertake and agree that:-
a) you have and will at all times when performing the Services, carry a valid driver’s license;
b) you own, or have the legal right and authority to operate the vehicle which you intend to use when performing the Services for the Customers, and such vehicle is in good operating condition and meets the industry safety standards for vehicles of its kind;
c) You have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your vehicle to cover any anticipated losses related to the operation of delivery service;
d) You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, losses or damages including, but not limited to personal injuries, death, total loss and property damages which is due to or is alleged to be a result of the delivery service howsoever operated;
e) You shall not perform any unlawful and/or illegal activities;
f) You shall keep secure and confidential your account password or any identification we provide you which allows access to the Services;
g) You are aware that when responding the Customers’ requests for transportation services, standard telecommunication charges will apply and which shall be solely borne by you;
h) You shall not permit any unauthorized person to drive the vehicle. Unauthorized drivers and the person authorizing the unauthorized drivers shall be personally liable for any accident or losses, and shall indemnify the Company for any losses suffered by the Company due to non-compliance;
i) You shall practice safe driving principle, practices and techniques at all times;
j) You shall not at any time drive under the influence of drugs, alcohol and/or using medication that impairs judgment, reflexes or alertness;
k) You shall not contact any of the Users and/or the Customers of the Platforms directly with the intention of soliciting any of the Users and/or the Customers of the Platforms; and
l) You are not allowed to overload the truck by exceeding the permit granted by the Land Public Transport Commission and the Road Transport Department of Malaysia. The Company shall not be responsible for the overweight carriage.
3. SHIPPER TERMS, REPRESENTATIONS AND WARRANTIES
3.1. Representations and Warranties. Unless otherwise agreed in a separate written agreement between Shipper and Haulbiz, if you are a Shipper, you hereby represent, warrant and covenant that:
a) You own the shipped items or have the necessary rights to ship such items and are authorized to, and do, bind the owner to the provisions of this Agreement.
b) You use the Service to ship items at your own risk through the motor carriers that use the Service and, except to the limited extent expressly set forth in this Agreement, agree that Haulbiz will have no liability for any shipped items or any claims, demands, loss or damages related thereto.
c) You are solely responsible for obtaining any insurance to cover any anticipated losses.
d) You are solely responsible for any and all liability, which results or is alleged as a result of such shipped items, including, but not limited to, property damage, personal injury and death.
e) If you are loading, bracing and securing your goods, you understand that you are liable for any claims, loss, or damage as a result of your doing so improperly or unsafely. You understand that Haulbiz is in no way responsible for the securing, lading, packaging, or compliance with shipping instructions for your shipments.
f) You understand that Haulbiz is not a motor carrier, and as such, is not liable or responsible to you or the recipient of cargo for any cargo shipped under this Agreement.
g) You understand that tracking the locations of your shipments through the Service does not guarantee that such shipments will be delivered to you at the time specified.
h) Prohibited Products The following items are specifically prohibited for transportation and/or delivery via the Services through the Company:-
1. carriage of human in cargo compartment for any distance or reason whatsoever;
2. carriage of any animal in cargo compartment for any distance or reason whatsoever,
3. carriage of items of extraordinary value of items that are irreplaceable;
4. carriage of hazardous materials which includes but is not limited to explosive, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives;
5. carriage of firearms, ammunition or other explosive materials;
6. carriage of any other goods which are illegal and/or unlawful for transportation under the laws and/or regulations.
3.2. Shipper Indemnification. You agree to defend, indemnify, hold harmless and/or make whole Haulbiz (and its officers, employees, and agents) (each, an “Indemnity”) with respect to any and all claims, demands, loss, damage, expenses, or liability, including costs and attorneys’ fees (collectively, “Claims”), made by any party due to or arising out of your or your agents’: (i) use of the Service; (ii) use of or access to User Content; (iii) interaction with any other User; (iv) violation of this Agreement; (v) violation of applicable laws or regulations; or (vi) your shipment contents. Haulbiz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. The foregoing obligations shall not apply to the extent a court of appropriate jurisdiction has determined any Claim to have been caused by the negligence or intentional misconduct of Haulbiz. You agree not to settle any matter without the prior written consent of Haulbiz. Haulbiz will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This indemnification with respect to Haulbiz applies regardless of any provisions in separate contracts between Haulbiz and third parties. You also hereby waive any claims or demands by you against Haulbiz related to any costs, loss, expenses or liability arising from the above-listed actions by you or your agents.
4.1. You expressly note and agree that the Company does NOT offer any insurance coverage for the Delivery Items in our Services.
5. UPDATE OF THIS USER AGREEMENT
5.1. We reserve the right to amend the terms and conditions in this User Agreement at any time. All amendments will be posted online.
5.2. Continued use of the Platforms will be deemed to constitute acceptance of the terms and conditions in this User Agreement as updated or amended from time to time. You are solely responsible for reviewing the latest terms and conditions each time you use our Platforms and/or the Services.
6.1. To use our Platforms and/or Services whether as a Customer or a Third Party Transporter, you must register with us by creating an account (“Account“) on the Platforms.
6.2. You agree to provide accurate, honest, complete and updated information about yourself, including but not limited to your registration, payment, account and delivery details. If we have reasonable grounds to suspect that the information and/ or data you have provided is misleading, inaccurate or fraudulent, we reserve the right to suspend and/ or terminate your use of our Platforms and/or Services. You undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, honest, complete and updated. You further acknowledge and agree that any information found to be untrue, inaccurate, incomplete or outdated shall grant the Company the right but not the obligation to terminate this User Agreement and your use of the Platforms and/or the Services with or without notice.
6.3. You shall be solely responsible for maintaining the confidentiality of the information and activities of your account. The sharing of your Account with other persons may cause irreparable harm to us and we shall be indemnified against any loss or damages, including but not limited to loss of profits suffered as a result of the mishandling/ misuse of an Account. You shall not create multiple user accounts with the intent to, including but not limited to, abusing our staff or misusing our Services and/or Platforms. The Company shall not be liable for any loss or damages arising from your failure to comply with this Clause.
6.4. Furthermore, you agree that the Company may at any time request for any additional documentation relating to the verification of the information provided, or in relation to the transactions through the Platforms, or if requested by any authorities.
7. OWNERSHIP AND MODIFICATION OF THE SERVICE
7.1. Haulbiz owns intellectual property rights in and to the Service, including but not limited to
the Site, Mobile App, including all related software and servers, in and to our trademarks, service
marks, trade names, logos, domain names, taglines and trade dress (collectively, the “Marks”). Users
acknowledge and agree that Haulbiz owns all right, title, and interest in and to the Service,
including all intellectual property rights therein. Users understand and agree that without a written
license agreement with Haulbiz, Users may not make any use of the Marks.
7.2. The Company reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.
8. PERSONAL DATA PROTECTION
9. USER CONTENT
9.1. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate any provision of this Agreement. For the avoidance of doubt, User Content may include third party content you submit. You agree not to submit third party content unless you have the consent of the applicable third party owner of such content. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us.You acknowledge and agree that Haulbiz is not responsible for any User Content and makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and assumes no responsibility for any User Content.
9.2. License. Users hereby grant, and represent and warrant that they have the right to grant, to Haulbiz an irrevocable, nonexclusive, royalty-free and fully paid, sublicenseable, worldwide license, to use User Content, solely for the purposes of including User Content in the Service. All rights in and to the User Content not expressly granted to Haulbiz in this Agreement are reserved by Users.
9.3. Anonymous Data. Haulbiz may create anonymous data records (“Anonymous Data”) from your User Content by using commercially reasonable efforts to exclude any and all information (such as company name) that makes the data identifiable to you. Haulbiz may use and disclose Anonymous Data for any purpose, including improving the Service.
10. THIRD PARTY SITES AND INFORMATION
10.1. The Platforms may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their items and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
10.1. Haulbiz may share your User Content a) with third party service providers; b) if another company acquires Haulbiz; and/or c) to comply with relevant laws, to respond to subpoenas or warrants or assist in preventing any violation or potential violation of the law or this Agreement.
12.1.The Company expressly disclaims any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.The Company makes no warranty that the Service: (a) will meet your requirements or expectations; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; or (d) result in any revenue, profits, or cost reduction. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures or other damages resulting from such problems