2.1.   Your use of our website, mobile website (collectively referred to as the “Sites”), Platform and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Platform and Services shall constitute your agreement to be bound by these Terms and Conditions.

 

2.2.   OVR Delivery may at its sole discretion amend these Terms and Conditions from time to time as it deems necessary, and such amended Terms and Conditions shall take effect and be binding on you upon OVR Delivery having posted the same on the Sites and the Platform.

 

2.3.   Your continued access and/or use of the Sites, Platform and Services shall be understood and automatically deemed as an acknowledgement of and consent to be bound by any such amended or additional Terms and Conditions.

 

2.4.   The Terms and Conditions are applicable in respect of your use of the Sites, Platform and Services in the territory of Malaysia. Your use of the Sites, Platform and Services in other territories shall be subject to the prevailing terms and conditions in those territories.

 

3.     Licence of the Software

 

3.1.   OVR Delivery grants to you a revocable, limited, non-exclusive, non-assignable and non-sub licensable license to install and use a copy of the Platform on your mobile device for your use and subject to these Terms and Conditions.

 

3.2.   In your use of the Platform, you shall not:-

 

3.2.1.      rent, lease, sublicense, distribute or transfer copies of the Platform or the license for the use of the Platform to any third parties or otherwise commercially exploit the Platform other than for arranging and/or scheduling transportation, logistical and/or delivery services;

 

3.2.2.      modify, adapt, reverse engineer, decompile, disassemble, translate the Platform or create derivative works based on the Platform;

 

3.2.3.      in any way:- (a) interrupt the normal performance/operation of the Platform, or use any methods to export or modify the source code of the Platform; (b) cause or facilitate unauthorized access to or deny authorized access to, any software, hardware, network, services, systems or data;

 

3.2.4.      upload or disseminate any kinds of computer viruses, worms, trojans, or malicious codes;

 

3.2.5.      post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such material or information;

 

3.2.6.      post, distribute or reproduce any information or material on the Platform which is offensive, defamatory, libellous, vexatious, obscene, threatening or which is otherwise unlawful;

 

3.2.7.      engage in spamming and phishing activities;

 

3.2.8.      use the Platform in any way to track, stalk, harass or hurt any person; or

 

3.2.9.      engage in any unlawful or illegal activity which is in contravention of any applicable laws and regulations.

 

3.3.   You shall not install and/or execute the Platform on any device other than the mobile device running the operating systems approved by OVR Delivery.

 

3.4.   Other than the license to use the Platform granted in paragraph 2(1), no other license or right is hereby granted to you.

 

4.     Services

 

4.1.   The Services that OVR Delivery provides is the provision of the Platform which constitutes a technological platform that enables you to arrange and/or schedule transportation, logistical and/or delivery services for goods, whereby the Platform will facilitate and connect you with a Driver who will provide you with such transportation, logistical and/or delivery services.

 

4.2.   The types of transportation, logistical and/or delivery services that a Driver can provide to you can be found on the Sites and the Platform.

 

4.3.   You agree and acknowledge that OVR Delivery  is not your agent or the agent of the Drivers and that:- (a) neither OVR Delivery or the Drivers have the authority to bind each other; and (b) OVR Delivery is not a party to the contract for the hiring of the Drivers.

 

5.     User Account

5.1.   You shall safeguard any login name and password OVR Delivery may provide to you in relation to the Platform and the Services and you represent and warrant that you shall not:- (i) disclose your account details and credentials to third parties; or (ii) allow any third party to use your account with OVR Delivery or impersonate you in the use of your account.

 

5.2.   OVR Delivery shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.

 

5.3.   OVR Delivery reserves the right to limit, suspend or terminate your account and your use of the Sites, Platform and the Services in the event you are in breach of any of the Terms and Conditions herein.

 

6.     Payments on the Service

 

6.1.   The rates for the transportation, logistical and/or delivery services on the Platform together with any additional charges and/or fees are stated in our official pricing portal: https://

 

6.2.   OVR Delivery has the absolute right to revise the rates, charges and/or fees without giving prior notice to you and the revised rates, charges and/or fees shall be binding onto you upon revision of the same.

 

6.3.   You shall pay the Drivers in cash all sums immediately when due as indicated on the App. If any of the parties does not agree with the charges, OVR Delivery customer service must be contacted prior to payment to the driver.

 

6.4.   Payment for the Services may be done in cash, which shall be payable to the Driver immediately upon order completion.

 

6.5.   OVR Delivery reserves the right to refund to you the equivalent sum of amount paid by you in the event One Delivery for any reason is unable to process the application/request for Services.

 

6.6.   No hard-copy receipt will be provided to you. An electronic receipt will be automatically provided after completion of an order, sent to an email address provided by you subject to your activation of the “E-Receipt” toggle on the Platform.

 

7.     Disclaimer

 

7.1.   The Platform is delivered to you on an “as is” basis and although OVR Delivery has used its best endeavors to ensure that the Platform will work properly on your mobile device, One Delivery does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device.

 

7.2.   The Platform is also delivered to you on an “as available” basis and OVR Delivery does not warrant the availability of the Services, the availability of Drivers through the use of the Services, the accuracy of the data or information provided as part of the Services.

 

7.3.   OVR Delivery does not make any representation or warranty in respect of the quality or timeliness of any transportation, logistical and/or delivery services provided by the Drivers. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the Drivers and you shall have no claim against OVR Delivery.

 

7.4.   OVR Delivery shall not be liable for any damages including but not limited to indirect, accidental, special, exemplary, punitive or consequential damages, including loss of profits, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Platform.

 

7.5.   You acknowledge and agree that OVR Delivery has no responsibility or liability to you or any third party in relation to any goods intended to be transported and/or delivered by a Driver.

 

7.6.   The foregoing limitations and exclusions apply to the extent permitted by law.

 

8.     User obligations

 

8.1.   You warrant that you are either the owner or the authorized representative of the owner of the goods, and that you are authorised to accept and are accepting these Terms and Conditions for yourself or as a representative for and on behalf of the owner of the goods.

 

8.2.   You represent and warrant that you shall comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and that the goods are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.

 

8.3.   You warrant that the goods to be delivered by a Driver does not contain or constitute:

 

8.3.1.      Hunted animals; part of animals such as ivory, shark fin or other items which are made or processed from animal parts, including other items which are not for human consumption and prohibited items according to international treaties and/or applicable international laws ;

 

8.3.2.      Human organs, ashes, bones;

 

8.3.3.      Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.;

 

8.3.4.      Illegal items including but not limited to counterfeit or pirated products, illegal drugs or addictive substances, illegal property or any materials which are against the applicable laws, regulations or rules stipulated by federal, state or local government authorities, including the materials which the users have legal right of possession but are not allowed to partially or entirely move or send to other places;

 

8.3.5.      Sharp or hazardous objects including but not limited to knives, swords, spears, daggers;

 

8.3.6.      Flammable materials of all kinds such as LPG, NGV, etc.

 

8.4.   OVR Delivery and/or the Drivers reserve the right to open and check the goods without prior notice to you where OVR Delivery and/or the Drivers have any reasonable suspicion that the goods may contain or constitute illegal, unlawful or prohibited items as referred to in the abovementioned provisions herein and OVR Delivery and/or the Drivers reserve the right to refuse the receipt and delivery of such goods.

 

8.5.   You shall at all times be responsible for ensuring that you provide OVR Delivery and/or the Drivers with accurate and sufficient details to enable the Drivers to complete the receipt and delivery of your goods.

 

9.     Indemnity

 

9.1.   You agree to indemnify and hold OVR Delivery and its officers, directors, employees and agents harmless from any and all claims, damages, demands, losses, liabilities, and expenses arising out of or in connection with:-

 

9.1.1.      your breach or violation of any of the terms of the Terms and Conditions;

 

9.1.2.      your violation of the rights of any third party, including a Driver.

 

10.  Personal Data and Privacy

 

10.1.  You shall be required to submit your personal information to OVR Delivery in order to use the Platform and the Services.

 

10.2.  You consent to OVR Delivery using your personal data (including but not limited to your name, pick-up and delivery addresses and contact number) as provided by you to OVR Delivery from time to time when you use the Software for the purpose of providing the Services.

 

10.3.  You consent to OVR Delivery collecting, using, keeping and updating your personal data to such extent, for and at such time period as may be necessary when OVR Delivery provides the Services to you, and you confirm that the personal data so provided by you are true and correct and up to date.

 

10.4.  You further expressly consent that OVR Delivery is entitled to disclose your personal data to the Participating vehicles as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s driver, confirmation/clarification of the booking information between you and the vehicle’s driver when OVR Delivery provides the Services to you.

 

10.5.  You agree that the collection, use, storage and transfer of your personal data is subject to OVR Delivery's privacy policy the latest version thereof is at “http://www.onevr.com.my/OVRMall”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions and that the terms of the Privacy Policy shall be incorporated into these Terms and Conditions.

 

10.6.  OVR Delivery may disclose to you personal data belonging to a Driver during the provision of the Services. You represent and warrant that you shall not use the personal data of the Driver for any purpose other than for purposes of using the Services.

 

11.  Intellectual Property

 

11.1.  Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property belonging to OVR Delivery. OVR Delivery and/or its related corporations (where applicable) shall at all times own all the rights, title and interest and to the Sites, Platform, Services, OVR Delivery’s name, logos, trademarks, service marks, designs, copyrighted materials and all other intellectual property rights of OVR Delivery.

 

12.  Governing Law

 

12.1.  These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.

 

12.2.  You submit to the non-exclusive jurisdiction of the courts of Malaysia

 

13.  Promotions

 

13.1.  OVR Delivery 's promotions are introduced from time to time. All promotions provided are subject to the prevailing regulatory requirements. OVR Delivery reserves the right to revise, suspend or terminate these requirements or Terms and Conditions at any time and OVR Delivery may withdraw the offer at its discretion without prior notice.

 

14.  Damage Claims

 

14.1.  You acknowledge and agree that your access and use of the Platform and procurement of any transportation, logistics and/or delivery services is at your own risk and OVR Delivery shall not be responsible for any lost, stolen, damaged or destroyed goods. You hereby agree that if you are desirous of insuring your goods, you shall procure your own insurance coverage.

 

15.  Assignment

 

15.1.  You may not assign or transfer any of your rights, interests or obligations under these Terms and Conditions, wholly or in part, without OVR Delivery’s prior written approval.

 

15.2.  OVR Delivery may at its sole discretion and as it thinks fit and/or necessary, assign or transfer any of its rights, interests or obligations under the Terms and Conditions, wholly or in part, to:-

15.2.1.   a subsidiary or an affiliated company;

15.2.2.   an acquirer of the Company’s equity, business and/or assets; or

15.2.3.   a successor by means of a merger or acquisition.

 

16.  Waiver

 

16.1.  Any failure or delay by OVR Delivery in enforcing or exercising any right, power or remedy hereunder shall not be deemed to operate as a waiver by OVR Delivery to enforce or exercise such right, power or remedy in future or any other right, power or remedy under these Terms and Conditions.

 

17.  Severability

 

17.1.  If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement, but the legality, validity and enforceability of the other provisions of these Terms and Conditions shall not be affected.

 

18.  Entire Agreement

 

18.1.  These Terms and Conditions constitute the entirety of the agreement and understanding between you and OVR Delivery with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.