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GENERAL TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using the services offered by eLogistik (“eLogistik”) or (“We”, “Us”, or “Our”), a company incorporated under the laws of Malaysia. These terms set forth the legally binding terms and conditions for your use of Our Services as contained in http://www.elogistik.com.my (“Website”) (collectively with the site, referred to as “Services”).


1. GENERAL TERMS

Any such purchasing terms and conditions shall apply only if We expressly confirm the same in writing. Acceptance of your delivered goods shall be deemed acknowledgement of our terms and conditions. We do not ship for you any combustible materials, items that contain poisonous fumes and any such items that is deemed dangerous and illegal in Malaysia. You will be liable if you fail, neglect or refused to inform us on the nature and condition of your items for shipment.

Please also see our Return and Refund Terms and Conditions.


2. USE OF INTERNET AS MEDIUM OF COMMUNICATION

You acknowledge that the internet is not a secure medium and information submitted for the Services hosted on Our Website may be accessed by third parties. ELogistik accepts no liability whatsoever in this circumstance.


3. DOCUMENTATION OF OUR SERVICES

Any form of documentation provided by Us must not be copied or made available to any third party or use for any other purpose other than the intended and agreed purpose as indicated in Our Website.


4. DELIVERY OF GOODS

You acknowledge that the Website functions as an online platform for Users/Customers to connect with Lorry Drivers/Mover for the purposes of transacting to respectively receive and provide Services. ELogistik itself is not a Lorry Driver/Mover or a User.


5. AVAILABILITY OF CARRIERS

We endeavor to keep our lists of available backloads up to date but cannot guarantee that all trucks listed are available.  We do not have and never intend to have any contractual involvement in Mover’s transactions and at no stage auction, buy or sell or intend to auction, buy or sell any of the potential Transactions displayed on our site. We will not screen the parties or transactions on your behalf.


6. TERMINATION

ELogistik reserves the right to terminate any mover’s registration if it receives sustainable complaint(s) about unacceptable behavior by customers. We may also terminate registration for any behavior we believe is unacceptable and outside of industry norms


7. DISPUTES

In the event of any disputes between you and the User, Driver, Mover or any other third party in relation to the Website, such dispute shall be resolved between you and such User, Mover or and other third party in relation to the Website and ELogistik shall not have or hold any responsibility, liability, or obligation in relation of the dispute.

You agree that eLogistik shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings between you and a User, Mover or any third party in relation.


8. PASSING OF RISK

“eLogistik” is an online platform provided by Thelorry that serves as a marketplace for backloads available by movers and service users. ELogistik has no obligation to match available backloads for you, hence it is your own responsibility to contact the available backloads to further reach a certain transaction/agreement of service.

When your goods are transported or moved for transportation, any risk (including accidental loss, destruction or deterioration) (“Risk”) shall be passed to you. As part of their responsibilities, movers will assist in ensuring that the highest level of care is administered while handling and transporting your goods but we cannot accept any liability arising therefrom.


9. INDEMNITY AND LIMITATION OF LIABILITY

You undertake the Services at your own risk and agree to indemnify ELogistik and its employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisors fees) and any claim arising from your own actions in any way in connection with the Services, or a breach of your obligations as set forth in these Terms and Conditions.

ELogistik is not liable in any way for any costs, expenses, damages, liability or injury arising out of or in any way connected with the Services. This limitation does not exclude any liability for negligence by ELogistik or death or personal injury arising out of such negligence.


10. SEVERABILITY

The invalidity, illegality, or unenforceability of the whole or part of these Terms and Conditions do not affect or impair the continuation in force of the remainder of the Terms and Conditions.


11. ENTIRE AGREEMENT

These Terms and Conditions represent the entire agreement between the parties relating to the Services (unless otherwise expressly confirmed in writing by ELogistik) and supersede all prior representations, agreements, negotiations or understandings (whether oral or in writing). Except as specifically set out herein, all conditions, warranties and representations expressed or implied by law are excluded. For the avoidance of doubt, no information of any nature about the Services or any of these Terms and
Conditions should be relied upon unless confirmed in writing by ELogistik.


12. NO WAIVER

The failure to exercise or delay in exercising a right or remedy provided hereunder or by law does not constitute a waiver of the right or remedy or waiver of other rights or remedies.


13. GOVERNING LAW

These Terms and Conditions shall be governed by and interpreted in accordance with Malaysian law and the parties irrevocably submit to the exclusive jurisdiction of the Malaysian courts.


14. SPECIAL TERMS

These Terms and Conditions are not intended to nor shall create any rights, entitlements, claims or benefits enforceable by any person that is not a party to them. No person shall derive any benefit or have any right, entitlement or claim in relation to this Terms and Conditions.


15. CHANGES TO THE TERMS AND CONDITIONS

We reserve the right to update these Terms and Conditions at any time and any changes may be made without notice to you. We recommend you reading this Terms and Conditions periodically.

By continuing to access or use Our Services after those revisions or changes become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms and Conditions, please stop using the Website and/or Our Services.