Terms of Use.
THESE TERMS OF USE ("AGREEMENT") CONTAINS THE LEGALLY BINDING TERMS FOR YOUR USE OF THIS PLATFORMS. BY ACCESSING OR USING THIS PLATFORMS, YOU ARE ACCEPTING THIS AGREEMENT AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. CONTINUING TO USE THIS PLATFORMS SHALL MEAN THAT YOU AGREE WITH ALL OF THE TERMS. IF, FOR WHATEVER REASON YOU DISAGREE WITH THESE PROVISIONS AND DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, YOU MAY NOT ENTER THE App AND USE ITS RESOURCES. IN CASE ANY CONTRADICTION BETWEEN THE DETAILS OF THIS AGREEMENT AND THE AGREEMENT, THE DETAILS GIVEN WITHIN THIS AGREEMENT SHALL BE DOMINANT AND VALID.
1. TERMS AND CONDITIONS
1.1. You are reading a legal document which is the agreement between you, the Shipper (whom we refer to as "you", "your" or the "Shipper" in this document) and us. This App is owned and operated by Spots Logistics Solutions Sdn Bhd (1502907-H) ("Spots Logistics , "we" or "our").
1.2. Please read this agreement carefully. By browsing, accessing or using this Platforms or by using any facilities or services made available through it or by transacting through or on it, Shipper is deemed to have read, understood and agreed to observe, comply and be bound with the terms and conditions of this Agreement made between you and us. This Agreement applies to the our web, online and offline Platforms (collectively, the "Platforms") that post this Agreement, and any available interactive features, downloads, applications, widgets or other outlets that post or include a link to this Agreement. This Agreement applies to Shipper's use of the digital content available through the Platforms, regardless of whether accessed via computer, mobile device or otherwise. To use the digital content available through the Platforms, Shipper will need a device that meets the system and compatibility requirements for the relevant products and services, which may change from time to time, and such system requirements are Shipper's responsibility.
1.3. Spots Logistics reserves the right to amend these terms and conditions at any time and it is Shipper's responsibility to review these terms and conditions on each occasion of usage of the Platforms. All amendments to these terms and conditions will be posted online and disclosed to Shipper to the address you registered with us. Shipper may terminate this Agreement by written notice to us if you do not wish to be bound by such new terms and conditions. However, continued use of the service or the Platforms will be deemed to constitute acceptance of the new terms and conditions.
1.4. As a consumer/Shipper, nothing in this Agreement affects the Shipper's non-excludable statutory rights. Shipper does not have the right to interfere in the App security provision or, in any other similar way, to use the App or other system resources, networks and services accessible through or connected to the Platforms in a corrupt manner. The Shipper agrees to use the Platforms entirely within the lawful and intended limits.
2. INTELLECTUAL PROPERTY
2.1. The Platforms include all materials that are included in or are otherwise a part of the Platforms (including past, present and future versions of the Platforms), including, without limitation: graphics; layout; text; instructions; images; trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers; games; contests and sweepstakes; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the "look and feel" of the Platforms; the compilation, assembly and arrangement of the materials of the Platforms; and all other materials related to the Platforms (collectively, "Materials"). The Platforms is the property of Spots Logistics and its shareholders, and are protected by legal and subordinate acts relating to intellectual property including but not limited to copyright laws and other similar laws.
2.2. When the Shipper uses the Platforms, he/she must: (a) keep intact all copyright, trademark and other proprietary notices; (b) make no modifications to the Platforms or Materials; and (c) not copy or adapt any object code associated with the Platforms, reverse engineer, modify or attempt to discover any source code associated with the Platforms (nor allow or assist any third-party to do so).
2.3. Shipper agrees that he/she will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Platforms, that Shipper will not use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Platforms, and that Shipper will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platforms. Shipper will use the Platforms solely for his/her own personal use and will not make the Platforms available to any third-party for any reason. Shipper further agrees that he/she will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute any portion of the Platforms (except as may be a result of standard search engine or Internet browser usage).
3. WORKING WITH PLATFORM
3.1. The Platform is a resource that can contain or directly contains files, information, software, illustrations, photographs and similar files being the subject matter of copyright, a trademark or service mark, or that fall within the scope of other identical or related rights of Spots Logistics , its subdivisions and affiliates or any other third parties including other Shippers of the Platforms.
3.2. The Shipper has no right to pass, sell, publish, move, reproduce, or develop, modified or redone works or use the Platforms content in any similar way, in part or in whole unless as permitted by the Platforms.
4. PAYMENTS AND SUBSCRIPTIONS
4.1. The Platforms offer logistics and other related services from merchants, which the Shipper may agree to pay the applicable fees for the services the Shipper orders (including, without limitation, periodic fees for monthly or annual subscriptions or bi-annual subscriptions) as payment becomes due plus all related taxes, and to reimburse Spots Logistics for all collection costs and interest for any overdue amounts.
4.2. Spots Logistics has the discretion to alter prices for products/services at any time. Spots Logistics is not responsible for any foreign currency exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by the Shipper's bank or card issuer. Spots Logistics does not support all payment methods, currencies or locations for payment. If the payment method, such as a credit card, reaches its expiration date and the Shipper did not edit the payment method information or cancel the account or such service, the Shipper authorizes Spots Logistics to continue billing that payment method and the Shipper remains responsible for any uncollected amounts. It is the Shipper's obligation to pay fees and charges applicable. All applicable taxes are calculated based on the billing information the Shipper provides Spots Logistics at the time of purchase. The Shipper may cancel or suspend the service by changing the settings in the Shipper's account.
4.3 The Shipper shall observe the terms and conditions imposed by the merchants in the Platforms, whereby the Platforms shall not be held liable for any non-compliances by the merchant in the Platforms.
4.4. Spots Logistics does not guarantee refunds.
5. CONFIDENTIALITY
5.1. Spots Logistics respects the confidentiality of private and personal information of all cooperating parties. For more information about the procedure of collection, use and disclosure of the Shipper's confidential information, refer to the Privacy Policy. The Shipper is advised to become familiar with this document.
5.2. In accordance with the purposes of the present Agreement, the term "Confidential Information" should be read as any documents, software, data, information or files related to the process of Spots Logistics management, its enterprise, staff, members, affiliates, licensees and licensors, or such that is clearly defined as confidential, including but not limited to: design, business processes, business model, prices, development models and strategies, investigations, know-how, training developments, trade secrets, personnel, methodologies, clients, App content belonging to others, and other intellectual property.
5.3. The Shipper realizes that Confidential Information is such and cannot be disclosed to third parties without clear written permission from Spots Logistics and its licensors or used otherwise, except in cases established by law or directly specified within the present Agreement.
6. ACCESS PASSWORDS
6.1. The Shipper confirms his/her consent that the process of Shipper identification is performed with the purpose of granting him/her access to his/her Shipper profiles and operations governing access to Platforms’ content. The Shippername (login) and password chosen by the Shipper are confidential information. The Shipper realizes the necessity of non-disclosure of this information and promises to keep in secret and not uncover, pass, or offer personal access data to a third party without clear written permission from Spots Logistics.
6.2. The Shipper confirms his/her consent that he/she, as an owner of the access login and password, bears responsibility for each access to the Platforms’ content using the chosen login and password. Also, the Shipper is informed and agrees that Spots Logistics automatically accepts and recognizes his/her login and password as evidence and clear proof of the fact that it was the Shipper who gained access to the Platforms’ content. The Shipper realizes that the login and password are unique symbols, even though Spots Logistics does not impose specific requirements as to their contents and quality.
7. PLATFORM BEHAVIOR RULES
7.1. The Shipper confirms that he/she undertake that he/she shall not utilize the services provided in the Platforms for unlawful or otherwise disapproved purposes.
7.2 The Shipper shall indemnify the Platform and the merchant in the Platform for the above breach of term(s).
7.3 The Shipper agrees that communication between Shippers or between Shippers and third parties, as well as content presented at the Platforms, are not officially approved by Spots Logistics, and no information placed at the Platforms permanently or temporarily shall be regarded as analyzed, viewed or approved by Spots Logistics. As stated below, Spots Logistics has the right and authority to remove any information at any time without notification to authors, license-holders or owners of the information.
7.4 The Shipper agrees to refrain from using the Platform in such a way that could result in its damage, operational trouble, or other negative outcome for other Platform Shippers. Also, the Shipper agrees not to interfere with or access without authorization other Spots Logistics Shipper records.
8. TERM, GROUNDS AND PRINCIPLES OF TERMINATION
8.1. This Agreement and/or any purchase and order in the Platform is effective until the moment of its termination. For such purpose at any time the Shipper should send a message using the Platforms' Contact form or by any other written form appropriate for him/her, which identifies the Shipper and confirms the Shipper's intention to notify Spots Logistics regarding the desire to terminate the Agreement and/or any purchase and order in the Platform. Spots Logistics reserves the right at its discretion to suspend, terminate or restrict the Shipper's right to access to all or some content and resources of the Platform at any time, for any reason and without proofs or prior notices.
8.2. Spots Logistics has the ability and right to suspend, terminate or change any part of the App or the App in the whole, its functions, resources or databases without prior notification or additional liabilities.
8.3. Spots Logistics also retains the right to suspend or fully terminate access of the Shipper to the App files in case of absence of activity from the Shipper over an extended period of time, which may be interpreted as the Shipper's inability to gain access to the App files.
8.4. A termination agreement does not indicate automatic exemption of liability and obligation of reimbursement of debts to Spots Logistics in accordance with the provisions of this Agreement or other liabilities of the Shipper, namely: not to use the App files or other content presented within its resources by ways other than those permitted with the terms and provisions of this Agreement that were valid by the moment of said use. This Agreement will be terminated without derogations or impairment to the rights of Shanghai DNG Food Trading Berhad, limitations and defense of liabilities provided in accordance with the terms of this Agreement, which defense, limitations of liabilities and rights shall survive this Agreement's termination.
8.5. Upon termination of the Shipper profile and his/her access to the Platforms, the Shipper confirms his/her consent to forfeit all credits remaining at his/her account.
8.6. For matters pertaining to cancellation of delivery of goods, please refer to the cancellation policy before confirmation of sales made in the platform.
9. PLATFORMS’ UPDATES
9.1. Spots Logistics regularly updates technical, content and other information on the Platforms. Nevertheless, Spots Logistics makes no claim guaranteeing the completeness, accuracy and compliance of the information given at the Platforms. Spots Logistics is able to add, review or delete information, resources and services posted on the Platforms. Also, Spots Logistics reserves the right to make changes to the Platforms without prior notification.
10. PLATFORMS’ MANAGEMENT
10.1. Spots Logistics does not control all uploads and information exchanges performed throughout the Platforms and is not responsible for such exchange and communication. Nevertheless, Spots Logistics has the right to move, delete, refuse to publish, or edit any text message which Spots Logistics may regard as violating or presumably violating this Agreement, the rights for private or intellectual property, or similar rights of third parties.
10.2. Spots Logistics has the right but not the obligation to correct mistakes in the files at its own convenience.
11. LINKS TO OTHER PLATFORMS
11.1. There may be links to third-party platforms and/or web on the Platform. Such links are given solely for the Shipper's convenience. Their presence does not mean that they are recommended or endorsed by Spots Logistics. Also, Spots Logistics does not warrant their safety and accordance with the Shipper's expectations. Spots Logistics shall not bear any liability in case of any damages or losses, direct or implicit, due to a visitation originating from Spots Logistics, or to the use of services available from third-party.
12. SOFTWARE AND COMPUTER VIRUSES
12.1. At times, Platforms failures may happen due to Internet connection, software operation, data transmission, etc., and it is possible that incorrect or incomplete copy of the information contained at the Platform pages may occur. Similarly, the Platform pages may contain malicious code or programs infected with computer viruses.
12.2. Spots Logistics is not responsible and bears no liabilities connected to the work of any software, the presence of any computer viruses or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the Shipper's review of the Platforms, the access to any information on the Platforms, or the downloading of any files from the Platforms. Spots Logistics strongly encourage the use of anti-virus software or other protective programs during interaction with all web.
13. DISCLAIMER
13.1. The Platforms, the Platforms content and services are provided as is, without representation, warranty, guarantee or condition of any kind, either express, implied, statutory or otherwise. Platforms content is provided purely as Shipper-generated content and shall not be subject to mandatory supervision or interference of Spots Logistics. Shippers always use the Platforms, the Platforms content and services at their own risk.
13.2 Spots Logistics hereby expressly disclaims any and all representations, warranties, guarantees and conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness, completeness, compatibility, quality, simple usage and any other warranty that might arise under any applicable law, Spots Logistics makes no commitment about the Platforms’ contents and services.
13.3 Moreover, Spots Logistics further disclaim any representations, warranties, guarantees and conditions that:
a. access to the platform will be uninterrupted and error-free at all times;
b. the platforms’ content and services will meet Shipper’s expectations, will be satisfactory to the Shipper’s needs and requirements or will be uninterrupted and error-free;
c. results that may be obtained from the use of the Platforms will be effective and reliable;
d. any errors or defects in the Platforms’ contents will be corrected by Spots Logistics;
e. the Platforms, the Platforms’ content and services will be permitted in any jurisdiction;
f. any of Shipper or merchant generated content will be available through the Platforms or will be stored (temporary or permanently);
g. any documents regarding the Platforms, Platforms’ content and services will be available at any time.
14. LIABILITY LIMITATION
14.1. The Shipper confirms that he/she understands and takes responsibility and assumes all risk resulting from the use of the Platforms without limitations.
14.2. Spots Logistics and also its employees, management, partners, shareholders, and agents do not bear responsibility for failures of any kind or shutdown of the Platforms resulting in loss of business information, profit or other financial losses due to claims of any kind, losses, petitions, actions or other events occurring due to validity of these Agreement, including without limitations the Platforms navigation, use, access to any files or their parts, as well as any rights including even in the event Spots Logistics was advised of the theoretical possibility of such damages, irrespective of whether the occurring event and damage were the result of infringement on intellectual or any other property, based on a breach of law, negligence, contract liabilities or other similar cases and situations, or not.
14.3. Total aggregate liability of Spots Logistics in connection with the use of the Platforms, in whole or in part, or its content in money equivalent shall not exceed the amount of payment made by the shipper to the Platform for the transaction. .
14.4. Spots Logistics and/or its appointed carrier shall not be held liable for any damages and/or losses of goods before, during and/or after the transmission of the goods by the carrier.
14.5. If effective laws and normal acts do not allow exclusion of liability and limitations to the full extent for indirect or casual damages, all above-stated limitations and exclusions shall not be applied to the Shipper. In case of a situation falling under such jurisdiction, the liability of Spots Logistics or any of its employees, directors, shareholders, partners, license holders or agents shall be limited to the maximum value permitted by the law.
14.6. Spots Logistics will not be hold responsible nor liable for the cargo below list:
15. CANCELLATION POLICY
15.1. Cancellation of the order can be done by the shipper prior to the cargo is being picked up by the carrier. Cancellation can be done through the application or by writing to Spots Logistics through enquiry@spots.my.
15.2. Any cancellation/refusal to accept by the consignee after the pickup will result in the shipper having to bear a return fee for the cargo as dictated by the carrier.
15.3. Spots Logistics retains the right to refuse service and withold the paid fee if:
15.4. Spots Logistics will retain 12% of the said paid fee upon cancellation of order.
16. INDEMNIFICATION
16.1. Consenting to the terms of this Agreement, the Shipper agrees to indemnify, defend and hold Spots Logistics, its affiliates, its Content contributors and their respective directors, officers, employees, shareholders, partners and agents (collectively, the " Spots Logistics parties") harmless from and against all claims, liability, losses, damages, costs and expenses (including reasonable legal fees) incurred by any Spots Logistics party as a result of, or in connection with, any breach or alleged breach by the Shipper or anyone acting on the Shipper's behalf of any of the terms of this Agreement.
16.2. The Shipper agrees to pay and indemnify, protect and also take the side of Spots Logistics (its management, employees, shareholders, partners, affiliates and so on) against any claims, responsibilities, losses and expenses (including lawyers' fees on a client basis and solicitor), incurred in the following cases:
16.3 The Shipper shall ensure all payments made are in compliance with Anti-Money Laundering Act 2001 and indemnify Spots Logistics against any damages and/or penalties incurred due to its non-compliances.
17. APPLICABLE LAW
17.1. The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the laws of Malaysia. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
17.2. The Shipper agrees to refrain from taking part or organizing any collective claim against Spots Logistics in connection with the Platforms work, provisions of this Agreement or any agreements considered herein.
17.3. If Spots Logistics is obligated to go to non-arbitration court for collection of any payable fees or enforcement of its rights, the Shipper agrees to reimburse Spots Logistics for all expenses, payments and fees in the event that Spots Logistics is successful.
18. GENERAL PROVISIONS
18.1. Spots Logistics' failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of this Agreement cannot be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Agreement can be fulfilled partially or in full.
18.2. The Shipper confirms that, in addition to the terms of this Agreement, he/she has familiarized himself/herself with the other agreements that are referenced in this Agreement, and agrees with the restrictions which they impose.
18.3. Absence of a result of actions performed by Spots Logistics for organization or control of accurate implementation of the provisions of this or affiliated agreements shall not and cannot be construed as waiver of any rights or provisions.
18.4. Shipper shall not be allowed to assign this Agreement and/or transfer Shipper's rights and obligations under this Agreement fully or partly to any third parties. Spots Logistics shall be free to assign this Agreement and/or transfer Shipper's rights and obligations under this Agreement fully or partly to any third parties upon Spots Logistics sole and absolute discretion.
19. CONTACTS
19.1. For any questions in connection with the provisions of this document, please contact Spots Logistics using the contact information below.
E-mail: enquiry@spots.my
20. ACKNOWLEDGEMENT
20.1. In accepting this agreement, the Shipper acknowledges that the Shipper has read this agreement, understands it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of Spots Logistics agreeing to provide the content, Shipper agrees to be bound by the terms and conditions of this Agreement. Shipper further agrees that this is the complete and exclusive statement of the agreement between Shipper and Spots Logistics, which supersedes any proposal or prior agreement, oral or written, and any other communication between Shipper and Spots Logistics relating to the subject of this Agreement. To the subject of this Agreement, by accepting the terms of this Agreement, the Shipper also acknowledges that he has read and understood all other related agreements, which can be found on the Platformalls, and accepts all the terms and conditions of the said agreements.
20.2 In case the Shipper does not agree with the terms and conditions of one or more of the above-mentioned documents, the Shipper should cease using the Platforms or any features of the Platforms governed by the terns and conditions of the present agreement, by using the Platforms and its features, the Shipper implicitly agrees with all the terms and conditions of the Agreement.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking Shippers. If there are any discrepancies between the English version and a translated version, the English version supersedes the translated version.