Terms and conditions
Terms & Conditions of Setel Express
I. General Information
II. General Terms & Conditions
This website ("Setel Express") is owned and operated by Setel Express Sdn. Bhd. (formerly known as D-Two Couriers (M) Sdn. Bhd.).
Access & Use
Your access to, and use of the materials contained in, Setel Express Website is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document or elsewhere on the Setel Express Website ("Terms and Conditions"). By using this Setel Express Website, you agree to be bound by these Terms and Conditions.
Setel Express reserves the right to amend the Terms and Conditions without notice at any time. Your use of our Setel Express Website following such changes constitutes your agreement to be bound by the new Terms and Conditions.
To register with Setel Express Website, you must be over eighteen (18) years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
Information Collected & Use of Information
Setel Express collects the details provided by you on registration together with information we learn about you from your use of our service and your visit to Setel Express Website.
By using the Setel Express Website, you expressly accept and give your unconditional consent that we may use any and/or disclose information about your demographics in any manner which does not reveal your identity for the purpose of marketing, promotional, strategic development, research and customer care.
The content of Setel Express Website is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of Setel Express Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on Setel Express Website without written permission from Setel Express.
No license is granted to you in these Terms and Conditions to use any trademark of Setel Express.
You may not use Setel Express Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; gaining unauthorized access to other computer systems;
Interfering with any other person's use or enjoyment of Setel Express Website;
Breaching any laws concerning the use of public telecommunications networks;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
Any claim by any third party that the use of Setel Express Website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
Any claim by any third party that the use of Setel Express Website by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
Any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Setel Express Website by you.
Availability of the Setel Express Website
Although Setel Express Website aims to offer you the best service possible, Setel Express Website makes no promise that the services at Setel Express Website will meet your requirements. Setel Express Website cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it by email at email@example.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Setel Express Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. Setel Express Website will attempt to restore the service as soon as it reasonably can.
Setel Express Website's right to suspend or cancel your registration
Setel Express Website may suspend or cancel your registration immediately at our sole discretion without assigning any reason whatsoever.
You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Setel Express Website.
The suspension or cancellation of your registration and your right to use Setel Express Website shall not affect either party’s rights or liabilities.
Paragraphs 8, 9 and 12 of these Terms and Conditions shall survive cancellation.
Setel Express Website's liability
Setel Express Website is provided by Setel Express without any warranties or guarantees of any kind either express or implied, including without limitation, warranties of title or implied warranties of merchantability of fitness for a particular purpose. You must bear the risks associated with the use of the Internet.
Setel Express will ensure that information or material included on Setel Express Website is correct, reputable and of high quality. Setel Express will not be responsible for any errors or omissions or for the results obtained from the use of information or for any technical problems you may experience with the Setel Express Website. If Setel Express is informed of any inaccuracies in the information or material on the Setel Express Website, Setel Express will attempt to correct the inaccuracies as soon as it reasonably can.
In particular, Setel Express disclaim all liabilities in connection with the following:
Incompatibility of Setel Express Website with any of your equipment, software or telecommunications links;
Technical problems including errors or interruptions of Setel Express Website;
Unsuitability, unreliability or inaccuracy of Setel Express Website;
Inadequacy of Setel Express Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to Setel Express Website.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia and any disputes will be resolved exclusively only by the Courts of Malaysia.
Setel Express makes no promise that materials on Setel Express Website are appropriate or available for use in locations outside Malaysia and accessing Setel Express Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside Malaysia, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and the Setel Express Website ignores this, Setel Express will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Setel Express shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.
By using Setel Express website, you are deemed to have agreed and consented to the collection, processing, use, disclosure and retention by Setel Express of your personal data in the manner as set out in the Personal Data Notice given pursuant to Section 7 of the Personal Data Protection Act 2010, which can be viewed at https://www.setel.com/business/setel-express/privacy-policy.
1. Delivery lead time
The Company shall use reasonable endeavor to deliver within the lead time below:
End-to-end delivery within Selangor, Kuala Lumpur, and Putrajaya
Cut off time: 6pm
Lead time: D + 1 day (i.e. before midnight of the next day)
2. Delivery attempts
In the case of failed deliveries (e.g. customer not at home), the Company will attempt to re-deliver again 2 additional times. After the 3rd delivery attempt has failed, the Company will return the item to the Merchant at the Merchant’s specified location.
3. Customer collection duration
If the selected option is the collection at hub and/or petrol station by customer, the Company will hold the parcel at the petrol station for a maximum of 7 days from the parcel arrival date at the hub and/or petrol station. If the customer fails to collect the parcel within 7 days, the Company will return the parcel to the Merchant at the Merchant’s specified location.
4. Area of coverage
Deliveries within Selangor, Kuala Lumpur, and Putrajaya only. Refer to the list of postcodes for coverage here.
5. Size of parcels
The Company will not accept parcels having the size, dimensions, or weight in excess of the below:
S size is 25cm + 25cm + 25cm = 75cm
M size is 45cm + 45cm + 45cm = 135cm
6. Content of Parcels
The Merchant hereby undertakes to not deliver anything containing any of the below items:
Fragile items (including flowers, cakes) that require special handling;
Hazardous, explosive, flammable and unsafe items (including power banks);
Valuable items and documents (e.g. cash, passport, or other official identification documents);
Credit or debit cards;
Illegal substances, including but not limited to narcotic substances, alcohol or cigarettes;
Any unpacked / loose items that can easily be damaged in transit;
Animals and plants (live or otherwise);
Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones;
Real or imitation weapons including firearms or parts thereof, explosives or ammunition;
Human remains or body parts;
Pornographic material; and
Any other materials/substances that are prohibited by law or are dangerous and flammable in nature.
The Company reserves the right to refuse to accept any parcels/materials/items for delivery by the Merchant at Company's sole discretion.
7. Customer Service
A customer service team and merchant service team will be set up by the Company to service any enquiries or requests from the Customer & Merchant. Operating hours are from 9am - 5pm from Monday to Saturday, excluding public holidays.
8. Tech requirements
Merchant is required to use the Company or its partners' portal to print consignment labels / airway bills for all deliveries.
9. Anti-Money Laundering
The operations of the Merchant and its affiliates are, have been conducted, and will at all times hereinafter be conducted in compliance with applicable financial record keeping and reporting statutory requirements, money laundering statutes (and the rules, guidelines and regulations thereunder) and any related or similar rules, regulations or guidelines, issued, administered or enforced by any governmental agency in or outside of Malaysia having jurisdiction over the Merchant and/or any of its affiliates (collectively, "Money Laundering Laws") and no action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator and no regulatory investigation involving the Merchant and/or any of its affiliates with respect to the Money Laundering Laws is pending or threatened or will hereinafter be instituted or commenced by any governmental agency in or outside of Malaysia against the Merchant or any of its affiliates.
10. Ethics and Anti-bribery
None of the Merchant or any of its affiliates, nor, any director, officer, agent, employee or other person acting on behalf of the Merchant or any of its affiliates is aware of or has taken any action, directly or indirectly that would result in, or is at any time prior to or after the date hereof being subject to any internal and/or regulatory investigation in relation to, a violation by such persons of the PETRONAS Code of Business Ethics ("COBE"), the PETRONAS Anti-Bribery Policy as well as any applicable anti-bribery law, including but not limited to, the Malaysian Anti-Corruption Commission Act 2009 ("MACC Act"), the United Kingdom Bribery Act 2010 ("UK Bribery Act") and U.S. Foreign Corrupt Practices Act of 1977 ("FCPA"). Furthermore, the Merchant and its affiliates have at all times conducted their businesses in compliance with the MACC Act, the UK Bribery Act, the FCPA and similar laws, rules or regulations (as amended from time to time) (collectively, "Anti-Bribery Laws") and have instituted, maintained and at all times complied with their policies and procedures designed to ensure continued compliance with such Anti-Bribery Laws.
11. Personal Data Protection
In the event any information submitted by the Merchant to Company contains personal data that is subjected to the protection of applicable privacy and data protection laws and regulations, Company shall limit the disclosure and processing of the personal data (to other members of Company’s group of companies and relevant third parties) to such extent as is reasonably required to effect the performance of the services, to manage and administer the Merchant account(s) with the Company and for such other purposes as may be required by the law.
The Merchant warrants that all personal data provided to the Company has been fairly and lawfully obtained and the Merchant has authority to disclose such personal data to the Company for the purposes mentioned above.
The Merchant shall fully indemnify and keep the Company fully indemnified against any and all liability incurred by the Company as a result of such breach how so ever arising.
By entering into this Agreement, the Parties expressly and explicitly acknowledge and consent to:
(a) the processing of such Personal Data by each Party for the purpose of performance of this agreement and for all other purposes that are necessary, incidental or related to the performance of this agreement;
(b) the processing of such Personal Data within and, where necessary, outside Malaysia;
(c) the transfer and disclosure of such Personal Data to third parties authorised by each Party within and, where necessary, outside Malaysia, provided that these third parties undertake to keep such Personal Data confidential, or to any persons, authorities or regulators to whom the Parties are compelled, permitted or required under the law to disclose to.
For the purpose of this Clause, "third parties" include but not limited to each Party’s holding or parent company, subsidiaries, related and/or associated companies, vendors, suppliers, business partners, professional advisers, agents, contractors, third party service providers, insurance companies, banks and financial institutions.
The Parties expressly and explicitly agree to process such Personal Data in accordance with the requirements of the Applicable Law (including the PDPA).
12. Competition Laws
The Merchant has not:
(a) been party to or engaged in or the subject of any agreements, decisions, concerted practices, or activities which in whole or part are prohibited or void or in breach of Competition Laws in any jurisdiction in which it carries on or intends to carry on business or where its activities may have an effect;
(b) committed any abuse, either alone or jointly with any other enterprises, of a dominant position in Malaysia and/or in any jurisdiction;
(c) made any submission or application or given any undertaking (whether or not legally binding) to Competition Authority in any jurisdiction in respect of any agreements, decisions, or concerted practices pursuant to or in connection with Competition Laws in any jurisdiction;
(d) been the subject of any investigation or enquiry by Competition Authority in any jurisdiction; or
(e) received any process, notice, request for information or other communication (formal or informal) from Competition Authority in any country in which the Company carries on or intends to carry on business or where its activities may have an effect.
In respect of this Agreement, the Merchant undertakes:
(a) to comply, and will procure its Affiliates and Subsidiaries to comply, with all applicable Competition Laws;
(b) to promptly notify the Company in writing of any suspected or occurrence of infringement of any Competition Laws; and
(c) to promptly notify the Company in the event it is no longer able to comply with the warranties above.
The Merchant fully indemnifies the Company, its directors, shareholders and employees for any losses arising from a breach of the warranties above.
The Company will only be liable to up to RM 200 for each parcel delivered or up to the value of the delivered item, whichever is lower.
In any event, the Company’s liability is restricted to proven negligence on the part of the Company.
The Merchant shall be liable and indemnify and hold the Company free and harmless from and against all claims, losses, damages, costs (including legal costs on a solicitor-client basis), expenses and liabilities arising out of or in connection with all damage to or destruction or loss of the Company’s facilities, whether real or personal or otherwise, beneficially and/or absolutely owned by the Company arising out of any act or omission of the Merchant, its officers, servants, agents or contractors except in cases where the Company is proven to be negligent.
14. Governing Law and Dispute Resolution
Governing Law: Laws of Malaysia
Parties hereby agree to attempt to resolve any dispute arising out of this arrangement amicably. Should parties fail to resolve the matter within 14 days of the dispute, either party shall have the right to refer the matter to the Court of Malaysia.
15. Payment terms
The Company will invoice the Merchant on a monthly basis after the end of each month. Payment shall be made within 14 days of invoice date, or any other payment term subject to the Company’s discretion. Invoices not objected to in writing within 30 days of receipt will be deemed final.
16. Sales and Service Tax (SST)
Setel Express has now been registered for Service Tax effective 1st July 2022 for the provision of courier services, hence courier services provided by Setel Express are now taxable and subject to Service Tax at 6% from 1st July 2022 onwards. In view of this, please be informed that Setel Express will impose a 6% Service Tax on courier delivery services within Malaysia for parcels below 30kg starting 1st October 2022.