TUMPANG – USER AGREEMENT (TERMS OF USE)

Last Updated: 21 July 2023

Introduction

This is an agreement between TUMPANG (tumpang.com.my),owned by ECARGO SYSTEM (M) SDN. BHD. and User, the users defined as the “customer” and/or “partner” – transportation service provider (TSP).

TUMPANG is a platform where customers post delivery request or enquiries and select TSPs to fulfill those deliveries. We, at tumpang.com.my is committed to bringing greater automation, transparency and efficiency to delivering documents and cargo by moving it entirely online with an efficient feedback system.

Definitions

Terminology used in the following agreement shall be understood as:

User – An individual of lawful age (adult), legal entity, and organisational unit with no legal personality, who completed registration and access to TUMPANG services in accord with these regulations.

Registration – The process of creating an Account.

Account – Free personal account run by Ecargo System (M) Sdn. Bhd. for each User, and under a unique (LOGIN), which shall gather all and details, activities and TUMPANG related resources of the User.

Transportation Service Provider – An organization or individual offering transportation services at TUMPANG for the benefit of users. Services shall consist of pickup, loading, transport, and delivery of the item to the delivery address and/or other activities included in the order (booking).

Price For Service – Price provide in an offer (quote), which shall be paid by the Customer to the Partner. The Price For Service shall be provided in the listing currency and include any additional contract related fees, in particular: all administrative costs, transportation cost, insurance cost, and other costs related with transportation services, taxed, other costs included in the order, and TUMPANG transaction fee. The Partner is not entitled for any reimbursements of costs related to order performance.

Transaction Fee – A fee charged to the Partner by Ecargo at the moment of order (booking) by the Customer. The Transaction Fee is calculated according to these Terms and Conditions.

Terms And Conditions – TUMPANG Terms And Conditions including all appendices.

FAQs – An Option available at Tumpang gathering information on how the service works and how specific activities can be performed.

User Agreement

This document describes the terms with which tumpang.com.my offers users access to our services. This agreement describes the terms and conditions applicable to your use of our services available under the tumpang.com.my domain.

ECARGO SYSTEM (M) SDN. BHD can be contacted via email: support@tumpang.com.my

These Terms and Conditions shall be continuously available at www.tumpang.com.my , so the Users may access it, retrieve it, print it or copy it at any time.

  1. TUMPANG is NOT a Transportation Service Provider (TSP) or freight forwarder. Our site acts as a place where customers and TSPs, our partners can meet and enter into agreements (order). As we are not involved in the actual transaction between customers and partners, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. TUMPANG does not prequalify or validate the claims of partners including with respect to their license, insurance and registration. Users acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting partners in any manner with the provision of their services. Because we are not involved in the actual transaction between customers and partners, we have no control over the accuracy of listings, the ability of customers to send items or the ability of partners to carry out We cannot ensure that a customer or partner will actually complete a delivery.
  2. No Agency. Users hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of tumpang.com.my, does not confer or imply any contractor, agency, partnership, joint venture franchiser-franchisee or employee-employer relationship with us, and furthermore that no affiliation, association or connection exists between users and
  3. Partners agree that it is their sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. Users acknowledge that tumpang.com.my exists for users to make a fully informed decisions about the offers and services offering. The time of arrival and delivery are based on ETA (Estimated Time of Arrival) and ETD (Estimated Time of Delivery) only. There may be some variations on actual arrival or delivery time. In making an offer on any delivery enquiries and your offer being accepted by the customer, you are obliged to perform the services you offered at the accepted price. In the event, that you charge “extra fees” (and we are made aware of this fact), we reserves the right to suspend or cease your account at our sole discretion.
  4. Fees & Payments. At TUMPANG, there are currently no fees for customers to join our platform. Both customers and partners need to create an account to access our website. The payment process is straightforward. When a customer posts an enquiry, partners will respond with their offers. Payment will only be processed through our payment gateway upon confirmation of selection. It is essential to note that orders (bookings) will be executed only after payment is made in full, and no deposits are required. An order is considered complete once a delivery code is submittedCurrently, our services are subject to a Transaction Fee of 9% for every job done. Should any damage occur, the customer should take appropriate steps to file an insurance claim and/or work with their selected TSP to settle the damages claim. Both the customer and partner can lodge reports via the “email” or “hotline” platform provided.
  5. Withdrawal. Partners are allowed to withdraw when their payment are credited into respective accounts. Once withdrawal is activated, the said amount will be processed and transferred to your designated bank account on the nearest Wednesday or Friday.
    1. Damage and Loss. Cashout will be withheld if we receive complaints from customers regarding damage or loss to items, and appropriate evidence is Our partners are fully responsible for inspecting the condition of items before loading and ensuring they handle them with the utmost care.
  6. Refund Policy. In the event that an order (booking) was not performed, all parties must abide by TUMPANG cancellation policy described in Section 7 of this agreement. The cancellation process ensures the integrity of the support system and accuracy of any refund.Other situations may arise when a payment card holder feels that the card has been charged fraudulently and/or there is a discrepancy with the amount billed. tumpang.com.my must be notified by the card holder so that we may investigate the claim and an appropriate action will be taken.
  7. Cancellations. A “Cancellation” occurs when either party cancels AFTER an offer is confirmed but BEFORE any services are performed. After an offer is accepted, there may be unforeseen circumstances where a transaction needs to be cancelled. A request will be sent to TUMPANG and a decision will be made on whether to accept the cancellation.
    1. Enquiry details and the in-app chatbox feature are open to both parties to discuss shipment details before finalizing the deal. It is crucial to note that both parties are fully responsible for providing accurate delivery item details and ensuring a smooth transaction. A partner has the right to reject an order if the actual item or cargo is found to be way too different from what the customer posted on the
    2. In the event of cancellation, a penalty fee of RM50 or 20% on the offered amount and an administration fee will be imposed on the customer when he or she cancels the order 24 hours before or on the date of transportation.
    3. The customer in whatever situation will be refunded after 14 working days for any cancellation
  8. Taxes. You are responsible for collecting and remitting any and all taxes associated with transactions or use of tumpang.com.my.
  9. Prohibited / Restricted Items. These are items that may pose a danger to health, safety, or property while being delivered (such as explosives, radioactive materials, flammable gases, weapons and solids, and toxic substances including drugs). Hazardous goods that cannot be delivered through the mail or courier are not allowed onTUMPANG. The hazardous materials that lawfully may be delivered under certain conditions (if they are properly packaged and labeled) may be listed on tumpang.com.my – provided that the listing contains a clear notice of the hazardous nature of the material and a description of the planned method of delivery that complies with the local laws.Full responsibility rests with the customer to comply with all postal and non-postal laws and regulations that relate to the delivery of hazardous, restricted and perishable material. Anyone who sends, or causes to be sent, a non-deliverable or improperly packaged hazardous material can be subject to legal penalties (i.e., fines and/or imprisonment).
  10. Fraud. TUMPANG may suspend or terminate your account if we suspect that users have engaged in fraudulent activity in connection with our site. Users shall not manipulate the offer prices for any delivery or interfere with other partners’ listings or transactions.
  11. Off-Site Communication. TUMPANG strictly prohibits partners to deliver request/offers outside of the tumpang.com.my platform. Examples of off-site communications include:
    • Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses in tumpang.com.my’s question and answer system, profile section, “Additional Information” sections, username, discussion forums, delivery listing, or delivery description.
    • Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses obtained through tumpang.com.my ’s question and answer system, profile section, “Additional Information” section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.TUMPANG reserves the right to edit, amend, or delete any personal contact information that customers submit on our site. We reserve the right to suspend or remove the account of any user that attempts to make off-site transactions.
  12. Right to Remove Users. We reserve the absolute right to reject your participation, or remove your account on tumpang.com.my at any time and for any reason or for no reason and without notice to users. An event that may result in the rejection or removal of your participation can include but is not limited to: any circumvention of the tumpang.com.my platform by users or by others at your direction; your creation, maintenance and/or management of more than one account; your circumvention; any attempt by users to improperly influence, or cause another to, improperly influence the feedback of users; any attempt by users to harass, or cause another to harass, or commit inappropriate communications with a user and/or a failure to deliver the promised services on time.
  13. Petition for Reinstatement. Upon your removal from the tumpang.com.my, users may file petition for reinstatement. Your Petition must include the following:
    1. A written statement stating reasons why you should be reinstated
    2. Your contact information; your Petition will be reviewed at our discretion and any decision as to your reinstatement will be based on our sole discretion. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such We will contact you as to our decision to reinstate you. We are not obligated to give you any reason or basis as to our decision.
  14. Confidentiality / Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business “Our Information”. Users hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information.Users agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, users acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information.
  15. Security. tumpang.com.my uses industry standard practices to safeguard your personal information, including firewalls. We utilize several different security measures to protect data from unauthorized access. The operation of our website or mobile application might be interrupted by numerous factors that are beyond our control.
  16. Limited Liability. At TUMPANG, users acknowledge that we cannot guarantee the continuous operation of or access to our sites, services, or tools. Users further acknowledge that the operation of and access to our sites, services, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Users agree that you are making use of our sites, services, and peripherals at your own risk, and that they are being provided to users on an “AS IS” and “AS AVAILABLE” basis.Accordingly, to the extent permitted by local government laws, we exclude all explicit or implicit warranties, terms and conditions including, but not limited to, implied warranties of merchant-ability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold tumpang.com.my responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
    • Your use of or your inability to use our sites or services;
    • Delays or disruptions in our sites or services;
    • Viruses or other malicious software obtained by accessing our sites or services, or any sites or services linked to our sites and services;
    • Any kind of bugs, errors, or inaccuracies in our sites and services or in the information and graphics obtained from them;
    • The content, actions, or in-actions of third parties, including items listed using our sites or services or the destruction of allegedly fake items;
    • A suspension or other action taken with respect to your account;
    • Your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our
  17. Personal Date (Personal Information) Protection. TUMPANG is fully committed to safeguarding the privacy and personal data of its users, in compliance with the Personal Data Protection Act 2010 (“PDPA”) of Malaysia.
    • By using the TUMPANG platform, you acknowledge and consent to the collection, use, storage, and processing of your personal data in accordance with the PDPA.
    • TUMPANG collects and processes your personal data to provide its services, manage your account, process your orders, and enhance the user experience.
    • Your personal data may be shared with TUMPANG customers, partners, and third-party service providers to fulfill your orders and provide requested services
    • TUMPANG implements reasonable measures to ensure the security and confidentiality of your personal data, using appropriate technical and organizational safeguards to prevent unauthorized access, use, or disclosure.
    • You have the right to access, correct, and update your personal data held by TUMPANG. You may also withdraw your consent for the collection and processing of your personal data by contacting TUMPANG customer support.
    • TUMPANG may utilize cookies or similar technologies to gather information about your platform usage. You can manage your cookie preferences through your browser settings.
    • Your personal data will only be retained for as long as necessary to fulfill the purposes for which it was collected or as required by law.
    • In certain instances, TUMPANG may transfer your personal data outside of Malaysia to its affiliates or service providers in other jurisdictions. TUMPANG ensures that such transfers comply with applicable data protection laws and provide adequate protection for your personal data.
    • For further details on the collection, use, and processing of your personal data, please refer to the TUMPANG Privacy Policy.
  18. Indemnity.Users agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
  19. Compliance. Users shall comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our services and your listing, delivery and solicitation of offers to deliver items.
  20. Intellectual Property. com.my and its mobile apps contain copyright material, inventions, know how, potential patent-able business method material, design logos, phrases, names, logos or HTML Code “Intellectual Property Content” all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look”, “feel”, “appearance” and “graphic function” of this website and mobile application including but not limited to its colour combinations, sounds, layouts and designs.Users agree and acknowledge that your use of this website and mobile application does not confer upon users any license or permission to use our (or any third party’s) Intellectual Property Content. Users shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
  21. Trademark and Domain Name. com.my and its mobile apps contain trademarks, trade-names, service marks, domain names or other forms of ownership, collectively the “Marks” owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, users agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by users pursuant to the execution, performance or non-performance of this Agreement or any part thereof. Users shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and users shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. Users shall not utilize the Marks in any manner that would diminish their value or harm their reputation. Users shall not use or register any domain name that is identical to or similar to any of the Marks.
  22. Dispute Resolution. Disputes between you and tumpang.com.my regarding its services should be reported to tumpang.com.my User Support. We will attempt to resolve any disputes users have with us. We are not responsible for resolving any disputes between customers and partners regarding services. If users report a dispute to tumpang.com.my, we will make every effort to help both parties communicate; however, all disputes must be resolved directly between customers and partners.We encourage users to report all disputes to law enforcement agencies or a certified mediation or arbitration entity. We do not specifically endorse any such third-party mediation or arbitration entity. When appropriate, we also encourage users to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
  23. Other Terms and Conditions. Users acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website and mobile application at various places throughout the website and mobile application. Users agree that those additional terms and conditions shall be considered as an effective amendment to this Agreement and said terms and conditions shall be incorporated herein.
  24. Contact Us. If you have any question about this platform Terms of Use, please contact us by visiting our support channels stated on tumpang.com.my and our social media platforms.

    Thank you for taking the time to read our Terms of Use. We value your privacy and appreciate your trust in us.

    Users agree that we may modify this Agreement or discontinue our website at anytime and without prior notice and without any liability or responsibility to you.