Terms and conditions
Section 1: General terms
1.1. The Company aims to be the best delivery company nationwide operated by Setel Express Sdn Bhd, (individually and collectively referred to as “we”, “us”, “our”, “Company”) in Malaysia. These terms and conditions and Company Policies contain the terms and conditions on which you as third-party service provider (“you” or “Delivery Partner”) will deliver packages and materials (“Products”) from the merchants, who are either participating as registered merchants of Company or not participating as registered merchants of Company (“Merchants”), to their customers (“Customers”) and constitutes a legally binding agreement between you and us (“Terms of Service”).
Please read these Terms of Service carefully before delivering any Products. By delivering any Products, you give your irrevocable acceptance of and consent to be bound by these Terms of Service and any part thereof.
1.2. Company Policies are integral and form inseparable parts of these Terms of Service. In the event of any inconsistency between these Terms of Service and the Company Policies, the Company Policies shall prevail.
1.3. YOU SHALL ACT AS AN INDEPENDENT THIRD-PARTY DELIVERY PARTNER AND SHALL NOT REPRESENT TO BE OUR AGENT, EMPLOYEE, OR STAFF.
Section 2: Definitions
In these Terms of Service, the following words shall have the meanings ascribed below:
2.1 “Affiliate” means, as to any Person, any other Person that, directly or indirectly, Controls, or is Controlled by, or is under common Control with, such Person. Control or Controlled means in relation to a company Control or Controlled means in relation to a company or an entity (the "body"), the power of a Person to secure that the affairs of the body are conducted in accordance with the wishes of that Person.
2.2 “Applicable Laws” means with respect to any Person, any foreign, national, federal, state, local, municipal or other law, statute, constitution, resolution, ordinance, code, permit, rule, regulation, ruling or requirement issued, enacted, adopted, promulgated, implemented or otherwise put into effect by or under the authority of any Governmental Authority and any orders, writs, injunctions, awards, judgments and decrees applicable to such Person or its Affiliates, their business or any of their respective assets or properties;
(a) Company Privacy Policy; and
Section 3: Representations, warranties and undertakings
3.1 You represent, warrant and undertake to us on a continuing basis that:
(a) You possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties;
(b) You are at least 18 (eighteen) years of age and of sound mind, are not under guardianship and has full legal capacity to bind yourself to these Terms of Service and to exercise your rights and perform your obligations hereunder;
(c) All the information which you provide shall be true and accurate;
(d) If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences, private vehicle insurance and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing the Delivery Services, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind and/or Company Policies (as applicable);
(e) If applicable, you shall use the appropriate road safety equipment (e.g. helmet) when providing the Delivery Services;
(f) You will be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage, including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Delivery Services provided by you;
(g) You will obey all Applicable Laws related to the operation of a delivery service at all times, and will be solely responsible for any violations of such Applicable Laws;
(h) You will only use the Application and provide the Delivery Services for the intended and lawful purpose in accordance with Applicable Laws;
(i) You do not have any criminal records in Malaysia or any other jurisdictions;
(j) You will immediately provide us with any additional documents or information requested by us related to these Terms of Service, including proof of identity, proof of ownership, or the right to use the Vehicle. You agree that you may be subject to background checks, criminal records and driving records checks from time to time and that you will cooperate in this regard as required or requested by us;
(k) You will not contact Customers for purposes other than in connection with the Delivery Services;
(l) You are aware that when responding to Customers, standard telecommunication charges (if any) shall be solely borne by you;
(m) You will not disclose to any person any confidential information, including Personal Data (including Personal Data that belongs to Customers or that you obtain during the provision of the Delivery Services), information about us and/or our Affiliates' business, affairs, customers and/or suppliers;
(n) You will only use the internet access point and data account which you are authorized to use;
(o) You must not engage in fraudulent, misleading or deceptive activities when using the Application as a Delivery Partner and providing the Delivery Services;
(p) You will only use the Equipment when providing the Delivery Services and you will not destroy, dispose of, or sell the Equipment to any person or Application using any manner whatsoever. You agree that in the event that the Equipment is no longer in a condition that can be used for the Delivery Services, you will return such Equipment to us;
(q) You agree that you are forbidden from giving coupons and suggesting any other form of discounts to Customers. You are strictly forbidden from using the Application and Delivery Services for other purposes such as, but not limited to, data mining of our information or information related to the Delivery Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and we reserves the right to take such action as may be appropriate or permitted under the Applicable Laws against you; and
(r) You will not damage our or our Affiliates’ reputation in any manner whatsoever. This undertaking given by you to us shall survive termination of these Terms of Service and shall continue to apply to you.
Section 4: Access grant
4.1 We hereby, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license access the Application, subject to the terms and conditions of these Terms of Service. All rights not expressly granted to you are reserved by the company.
Section 5: Payments and taxes
5.1 Your daily payment, allowances (if any) and other incentives (if any) may be subject to any tax declaration and payment shall be self-borne by yourself.
5.2 You agree that these Terms of Service are subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all Applicable Laws and take all steps required to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the provision of the delivery services.
5.3 You are responsible for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with these Terms of Service.
Section 6: Intellectual property
6.1 We, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Application and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application and/or the Delivery Services. These Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Application, or any intellectual property rights owned by us. Setel Express’s name and logo are owned by us, and no right or license is granted to you to use them.
Section 7: Confidentiality
7.1 You shall maintain in confidence all information and data relating to us, our services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of us (whether orally or in writing and whether before, on or after the date of these Terms of Service) or which are otherwise directly or indirectly acquired by you from us or created in the course of these Terms of Service. You shall further ensure that you only use such confidential information in order to use the Application and shall not without our prior written consent, disclose such information to any third party nor use it for any other purpose.
Section 8: Data privacy
8.1 We collect and process your Personal Data in accordance with its Privacy Policy.
8.2 Where applicable, you agree and consent to us collecting, using, processing and disclosing Personal Data as described in the Privacy Policy.
8.3 You acknowledge that we may disclose the Personal Data of other individuals to you in the course of the Delivery Services. You represent, warrant and undertake to us that you will only use such Personal Data for the purposes for which it was disclosed to you by us and not for any other unauthorized purposes.
Section 9: Indemnification
9.1 By agreeing to these Terms of Service through the use of the Application, you agree that you shall indemnify and hold us, our licensors and each such party’s Affiliates, officers, directors, members, employees, attorneys and agents (collectively, “Indemnified Parties”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) which any of the Indemnified Party incurs, resulting from, arising out of or in connection with:
(a) your use of the Application in your dealings with Customer and/or Merchants;
(b) your violation or breach of any term of these Terms of Service, any third party terms and conditions or any Applicable Laws, whether or not referenced herein;
(c) your violation of any rights of any third party, including Customers;
(d) your use or misuse of the Application and Delivery Services; or
(e) where applicable, your ownership, use or operation of any Vehicle, including your provision of Delivery Services to Customers.
Section 10: Your responsibility
10.1 You are fully responsible for the decisions you to use the Application to provide the Delivery Services. You are fully responsible for any losses and/or claims arising from the use of Application for the provision of the Delivery Services, either by you or any other parties, in a manner that is contrary to these Terms of Service or Applicable Laws, including, but not limited to, anti-money laundering, anti-terrorism financing, criminal activity, fraud in any form (including, but not limited to, phishing and/or social engineering activities), violation of intellectual property rights, and/or other activities that harm us, the public and/or any other party or which can or is deemed to damage our reputation. You are fully responsible to compensate us for any losses and/or damages of the parcel if it is caused by your own negligence up to RM200 per parcel. We have the right to deduct such compensation from your future payment.
10.2 You expressly defend, indemnify and release our Indemnified Parties from any and all obligations, consequences, losses whether material or immaterial, from all kinds of demands, costs (including attorney fees), lawsuit, legal liability or other legal action whether in a civil suit or any criminal charges experienced by you, which arise or may arise in the event of or in connection with:
(a) your violation of these Terms of Service or Applicable Laws;
(b) your performance or provision of the Delivery Services;
(c) your use of the Application;
(d) any tax obligations, demands and/or fines charged to you and/or to us or our Affiliates in connection with your income that arises due to the performance of the Delivery Services or that arises due to your error or negligence to comply with your tax obligations pursuant to Applicable Laws; or
(e) any claim or suit which states that you are an employee, worker, agent or representative or our Affiliate, any claim or suit from other parties, legal entities, regulators, government authorities, which is based on an employment, agency or representative relationship, including, but not limited to, with respect to wages, contributions to the employees provident fund and or other payment obligations under Applicable Laws.
10.3 You acknowledge that we may implement a penalty scheme for its Delivery Partners wherein Delivery Partners shall, at our absolute discretion, receive penalty from us for carrying out any conduct which is deemed to be restricted or prohibited by us (including, but not limited to, the Prohibited Activities). We may at any time, take all appropriate actions against you, including, but not limited to, blocking, restricting or suspending your access to or use of the Application or your provision of the Delivery Services without any notice or compensation to you.
Section 11: Duration and termination
11.1 The Application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, including, but not limited to, the device used by you or the customer being faulty, not connected, out of range, switched off or not functioning. We exclude all liability for any damages and/or losses arising, suffered or incurred by any person in connection with the occurrence of such problems inherent in the use of the internet and electronic communications.
Section 12: Duration and termination
12.1 This Agreement/Terms of Service will continue until terminated in accordance with the terms set out therein.
12.2 We may terminate this Agreement/Terms of Service:
(a) at any time, with prior notification to the Delivery Partner without assigning any reason;
(b) immediately, with prior notification to the Delivery Partner, if the Delivery Partner violates any term of this Agreement/Terms of Service, including Company Policies, without prejudice to any other rights and remedies available to us;
(c) immediately, with prior notification to the Delivery Partner, if the Delivery Partner violates other agreements with us, our Affiliates or other third parties (and/or their Affiliates) who cooperate with us to provide Products, goods and/or services to Delivery Partners and/or Customers;
(d) at any time, with prior notification, if the Delivery Partner commits an alleged criminal act or the Delivery Partner is found guilty of a criminal offence by a court in Malaysia or in any other jurisdiction.
12.3 The Delivery Partner shall on termination of these Agreement/Terms of Service:
(a) immediately uninstall/remove/delete the Application from the Delivery Partner's mobile device;
(b) immediately stop providing the Delivery Services; and
(c) immediately return all Equipment (if any) to us.
12.4 This Agreement/Terms of Service will be automatically terminated without prior notification by Company, if the Delivery Partner is unfit or unable to provide Delivery Service for a consecutive period of thirty (30) days for whatever reason.
12.5 You have the right to terminate this Agreement/Terms of Service by giving 30 days prior notification to us.
12.6 If there are still rights and obligations under this Agreement/Terms of Service that have not been resolved by the Delivery Partner and/or us respectively, then the related provisions in this Agreement/Terms of Service will remain valid and binding until the respective rights and obligations are completed by the Delivery Partner and/or us respectively. The other provisions in this Agreement/Terms of Service which are intended to survive termination of this Agreement/Terms of Service shall remain valid and binding on the Delivery Partner.
Section 13: Limitation of liability
13.1 We shall not be liable whether in contract, warranty, tort (including, but not limited to, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity by statute or others, for any loss, damage or injury, whether direct of indirect, which may be incurred by you, any customer or merchant, including but not limited to:
(a) Any loss, damage or injury arising out of, or in any way connected with the Application;
(b) The use of inability to use the Application; or
(c) As a result of any relationship of transaction between you and any customer, merchant, advertiser or sponsor whose advertising appears on the Application or is referred to by the Application, even if we have been previously advised of the possibility of such damages.
13.2 We do not represent or warrant to you that we assess or monitor the suitability, legality, ability, movement or location of any customers and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to the customers and/or merchants.
13.3 Nothing in these terms of service shall limit or exclude any liability for death or personal injury caused by our negligence, for fraud or for any other liability on the part of us that cannot be lawfully limited and/or excluded under applicable laws.
13.4 We shall not be a party to any disputes or negotiation of disputes between you and the customers and/or merchants.
Section 14: Notice
14.1 We may give notice through the Application, electronic mail to your email address in our records, or by written communication sent by registered mail or pre-paid post to your address in our records. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) by using the methods and contact details as provided to you.
Section 15: Force Majeure
15.1 The non-performance of either us or you of any obligations under these Terms of Service shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and is not caused by the negligence of the non-performing party.
Section 16: Assignment
16.1 Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without our prior written approval but may be assigned without your consent by us. Any purported assignment by you in violation of this section shall be void.
Section 17: Dispute resolution
17.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. Any dispute, controversy, claim or causes of action arising out of or in connection with these Terms of Service against or relating to us shall be referred to and finally resolved by Malaysian courts.
Section 18: Petronas Code of Conduct and Business Ethics (KoBE)
18.1 CoBE contains detailed policy statements on the standards of behavior and ethical conduct applicable to the Seller, sub-operators, consultants, agents, representatives and others performing work or services for or on behalf of PETRONAS and/or its subsidiaries. In particular, the CoBE expressly prohibits improper solicitation, bribery and other corrupt activity not only by employees and directors but also by third parties performing work or services for or on behalf of companies in the PETRONAS Group.
18.2 You shall comply with the relevant parts of the CoBE, Country Supplement and other applicable rules, regulations, policies, guidelines and requirements as updated by PETRONAS from time to time in the performance of the Delivery Services. A copy of the CoBE can be obtained on at https://www.petronas.com/sustainability/governance-and-ethics
Section 19: General
19.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us, nor does it authorise you to incur any costs or liabilities on our behalf.
19.2 If any provision of these Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
19.3 Our failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision.
19.4 These Terms of Service comprises the entire agreement between you and us in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.
19.5 Unless provided otherwise in these Terms of Service, you agree that we may, at any time, without notice,
(a)modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your account and/or the availability of any products or services), for any reason;
(b) modify or change any applicable policies or terms, including, but not limited to these Terms of Service and Company Policies by posting the revised policy. Your continued service after the revised policy or terms shall constitute your acceptance of the revisions; and
(c) interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any such suspension or termination.
19.6 Save for the parties who are indemnified pursuant to the indemnification provisions set out herein, these Term of Service do not give rights to any third parties who are not party to these Terms of Service.
19.7 We reserve all rights not expressly granted herein.
19.8 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our Affiliates (and each of our and our Affiliates' respective successors and assigns).