Drivers Terms & Conditions of Service
pickNdrop is a technology platform that brings together service providers including delivery persons, couriers & movers with customers who are using the Service (as defined below) (the "Customers") provided by Pick & Drop Sdn Bhd, company registration number 1251076-M, registered at Suite 223, Level 2, Blocl A3, Leisure Commerce Square, Jalan PJS 8/9, 46150 Petaling Jaya, Selangor Darul Ehsan, Malaysia, email info@pickNdrop.com.my (the "Company", "we", "us" or "our", as the context requires)
pickNdrop is a technology company that does not directly provide delivery and moving services and the Company is not a transportation and delivery provider. It is up to the Customers to accept your delivery services and it is up to you to accept their request for delivery or moving services. The service of the Company is to link you with such Customers (the "Service") through the use of an application supplied by pickNdrop and download and installed by you on your single mobile device (the "Application"), but does not nor is it intended to provide delivery services or any act that can be construed in any way as an act of a delivery provider. The Company is not responsible nor liable for the acts and/or omissions of any delivery or moving provider and/or any delivery or moving services provided by you (the "Delivery Providers").
These terms and conditions (the "Driver Terms") govern your use of our web site at http://www.pickNdrop.com.my/driver (the "Website") and your relationship with us, the Service and the Application, as well as to all information and/or services provided to you on or through the Website, the Service and the Application and usage of it indicates that you agree to enter into a contract with us (the "Contract") and to be bound by the Driver Terms.
Please read these Driver Terms carefully as they affect your rights and obligations under the Contract. If you do not agree to the Driver Terms, please do not register for or use the Service.
1. Your use of pickNdrop
1.1. You can only use pickNdrop if you possess a licensed Malaysia registered vehicle and hold a valid Malaysia driver license for delivery via vehicle, or;
1.2. If you choose to deliver by foot or bicycle, you need to be a Malaysia citizen or Permanent Resident.
1.3. We will not permit you to join or participate (in our sole discretion) in relation to the use of Service where:
1.3.1. we have reason to believe that you do not hold a valid driving license; or;
1.3.2. possess a valid Malaysia registered vehicle; or
1.3.3. we have reason to believe you are in Malaysia on a work permit, or Employment Pass; or
1.3.4. you do not provide the required information and headshot for registration.
1.4 You warrant that
1.4.1. all information and details provided to us (including the registration and sign up information) are accurate and true, and up to date in all respects at all times. In this regard, you are required to inform us when your driving license has been suspended, revoked or has expired. This applies to your vehicle license as well. You can provide us with your updated information via update@pickNdrop.com.my and we will use our reasonable effort to respond to you within 3 working days;
1.4.2. you have all the appropriate licenses, approvals and authority to provide delivery services to Customers, that you own or have the legal right to operate the vehicle and furthermore, that such vehicle meets all relevant safety standards and that you have a valid insurance cover for your vehicle; and
1.4.3. you will not open and inspect the Delivery Items.
1.5. You agree and acknowledge that:
1.5.1. your use of pickNdrop grants you no rights, title or interests in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, proprietary contents, animations, video and text or rights in and to pickNdrop software, mobile and web applications and Website) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the pickNdrop services in accordance with these Driver Terms;
1.5.2. You will not use pickNdrop
(a) for any unlawful purpose
(b) in any way that interrupts, damages, impairs or renders pickNdrop less efficient;
(c) to transfer files that contain viruses, trojans or other harmful programs;
(d) to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures;
(e) to disseminate any content which is defamatory, obscene or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
(f) to advertise or promote third party or your own products or services (other than your services in the normal course of the use of pickNdrop); or
(g) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation.
1.5.3. we have limited control over the nature and content of information and chat transmitted or received by you or other users of pickNdrop. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or Website;
1.5.4. you will comply with all applicable laws and be responsible for the provision of your delivery or moving services to passengers (including without limitation, following safety laws in relation to the use of mobile devices whilst driving);
1.5.5. you will indemnify , and keep us indemnified including defending us fully against any claims, loss, damage or legal proceedings brought against us by any other person as a result of your breach of the Driver Terms;
1.5.6. in relation to the reporting information that we provide, we will use our reasonable efforts to ensure that such information is accurate in material aspect but we can't guarantee that it will always be accurate or correct and therefore you should use your own independent judgment when acting on the basis of information provided; and
1.5.7. we are not responsible for the behaviour, actions or inactions of Customers whether or not they are pickNdrop users. Any contract for the provision of delivery or moving services is between you and the Customer and not us and we simply provide a platform to introduce or link up drivers or movers and Customers.
1.6. The Delivery Providers shall take all reasonable precautions to prevent unauthorised persons from having access to the goods, items or parcels provided by the Customer pursuant to the Service (the "Delivery Items") and shall also take all reasonable precautions against loss of or damage to the Delivery Items.
1.7. The Delivery Providers shall make reasonable effort to deliver the Delivery Items in accordance to the respective delivery schedules, which are estimates only and not guaranteed. Delivery Providers shall, however, not be liable (whether in contract, tort or otherwise) for any delays in effecting the Delivery Items for whatever reasons except that where a delivery request is not completed because the Delivery Provider was late to reach the recipient of the Delivery Items that are not due to a Customer's responsibility nor circumstances outside his control, the Delivery Provider agrees to redeliver free of charge.
1.8. Subject to the Delivery Terms, the Delivery Providers shall not be liable for any loss or damage to the Delivery Item arising from or in connection with:
1.8.1. the delivery or transportation of any of the Delivery Items upon the Customer warranting that he or she has complied with all laws and regulations relating to the nature, condition, packing, handling, storage and carriage of the Delivered Items;
1.8.2. Customer's failure to specify any precautions to be taken in respect of a Delivery Item as it is the responsibility of the Customer to declare the true content of the Delivered Item and ensure proper packaging of the Delivery Item(s) to facilitate delivery. Any damaged Delivered Item caused by improper or no packaging will not be liable by us or the Delivery Providers;
1.8.3. Delivery Providers' failure to perform any of his or her obligations hereunder as a consequence of circumstances outside his or her control; and
1.8.4. any acts or omissions of any party other than the Delivery Providers.
1.9. Delivery Providers shall not be liable for any indirect or consequential loss or damage in connection with the delivery of the Delivery Item(s).
2. CHARGES AND PAYMENT
2.1. It is free to download and use pickNdrop driver and customer app. Every driver that signs up with pickNdrop will receive a starting credit of RM 10.00, or such amount as may be prescribed by the Company in its discretion.
2.2. For each successful pairing of Delivery Providers with the Customer, the Company will take a token fee of 20% out of the payment of Customer. The Company reserves the right to modify, vary and revise the fee or its terms and conditions relating to the Service at any time as it deems fit. Such modifications, variations and/or changes to the Driver Terms or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.pickNdrop.com.my.
2.3. When your credit falls below RM 10.00, you will be unable to use the app unless you top up your credit, whether by cash or wire transfer.
2.4. Customers will pay the Delivery Providers directly and the only payment method currently available is cash in Malaysia Ringgit. Other methods of payment, including credit card payments, may be introduced in future.
2.5. The driver's credit are non-refunable and it will expire in 6 months upon last top up.
3.1. We may terminate the Contract and close any account you have maintained with us by giving you 7 days' notice in writing by email to your registered email address. We may also terminate the Contract and close your account without notice if you are in breach of any of your obligations under these Terms, if bankruptcy proceedings are brought against you or if you do not satisfy or comply with any judgment or order of any court of competent jurisdiction.
3.2. We reserve the right to suspend, restrict or terminate your access to pickNdrop at any time without notice if we have reasonable grounds to believe you have breached any of these Driver Terms. This shall not limit or prejudice our right to take any other action against you that we consider appropriate to defend our rights or that of any other relevant person.
3.3. You may terminate the Contract at any time by simply closing your account by following the instructions on the app or Website.
4. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
4.1. We are not responsible for:
(i) losses not caused by our breach
(ii) the actions or inactions of any customers;
(iii) the actions or inactions of other drivers;
(iv) indirect or consequential loss or damage, including without limitation, loss or profit, income, interest, future business or anticipated savings; or
(v) failure to provide pickNdrop or to meet any of our obligations under these Terms where such failure is due to events beyond our control (for example a network failure, spectrum exhaustion, failure of the GPS system, any failure of your smart device or changes to its operating system, and other such similar event(s)
4.2. Notwithstanding anything to the contrary in these Driver Terms, you agree that the Company's liability in respect of any breach resulting in reasonably forseeable loss or damage, is limited to a maximum of RM 300.00.
5.1. We may transfer our rights or obligations or sub-contract our obligations under these Driver Terms to another legal entity without your consent. You may terminate your agreement with us at any time under the Driver Terms.
5.2. The Driver Terms are personal to you. You may not transfer your rights or obligations under the Terms to anyone else.
5.3. If any provision of the Driver Terms is found to be invalid or unenforceable in whole or in part by any tribunal, court or competent authority, the other provisions shall remain valid and continue to apply to the parties.
5.4. No person other than a party to this Contract may enforce the Contract by virtue of the Contract (Rights of Third Parties) Act, Cap. 53B of Malaysia, but this does not affect any right or remedy of the third party which exist or is available apart from that Act.
5.5. We are constantly looking for ways to improve and expand pickNdrop. We may amend these Driver Terms from time to time in order to reflect changes to pickNdrop in which case we will give you reasonable notice by email of any changes to these Terms. You can terminate at any time under the Driver Terms if you do not accept any revised term and conditions.
5.6. We will do our best to resolve any disputes arising from the use of the Service. If you wish to commence legal proceedings against us, you must do so by way of arbitration in Malaysia in accordance with the Arbitration Rules of the Malaysia International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The parties agree that any arbitration commenced pursuant to this clause shall be conducted in accordance with the Expedited Proced0ure set out in Rule 5.2 of the MIAC Rules. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
5.7. The Contract and the Driver Terms shall be governed by and construed in accordance with the laws of Malaysia.
5.8. Drivers that do not bid for delivery jobs for the past 6 months. It is in pickNdrop's discretion to consider the drivers as inactive. In order to reactivate the account, drivers have to take quick questionaire. This is to ensure that the drivers are up to date with our current standard operation procedures.