Terms & Conditions

1. INTRODUCTION
  1. These Terms of Use and Kumpool Policies represent a legally binding agreement between you and Kumpool. Please read through the Terms carefully and you must agree to abide by these terms of service in order to use any of the services. Words spelled with initial capital letters are defined terms that, for your ease of reference will be explained further in the latter part of the terms and conditions.
  2. Your use of our website, Application, Platform, and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Application, Platform, and Services shall form your agreement to be bound by these Terms and Conditions.
  3. Kumpool has the right to amend these Terms and Conditions from time to time as when necessary, and such amended Terms and Conditions shall take immediate effect once Kumpool has posted the same on the Sites and the Platform and be binding on you.
  4. Your access and/or use of the website, Application, Platform, and Services shall be understood and automatically treated as an acknowledgment of and agree to be bound by any such amended or additional Terms and Conditions.
 
2. DEFINITIONS
  1. “Kumpool” means Kumpool Sdn Bhd (1493722-P) in relation to Kumpool Ride and Kumpool Delivery;
  2. “Kumpool Delivery” means an on-demand, same-day, and/or scheduled delivery services under Kumpool;
  3. “Kumpool Ride” is an e-haling bus booking service under Kumpool. It works by gathering passengers’ bookings in real-time and then traveling a route based on everyone’s pick-up and drop-off stops;
  4. User(s) means an individual or business entity who uses the Service provided by Kumpool either via Application and/or Platform;
  5. “Application” means the mobile application(s) made available for download by Kumpool to the User and Driver respectively;
  6. “Software” means the software associated with the Application which is made available for download by Kumpool;
  7. “Platform” means the portal or website that made by Kumpool that enables User to request or access Services;
  8. “Service(s)” means the following transportation and/or logistics services that are made available to Users:
    • Kumpool Delivery
    • Kumpool Ride
  9. “End User(s)” refers to the recipient of Kumpool Delivery service;
  10. “E-Money Account” means a payment account that stores money electronically in exchange for money paid to the service provider;
  11. “E-Wallet” means a payment account that displays and stores a driver’s income electronically;
  12. “Driver(s)” means an individual who carries out the transportation and/or logistics assignment for Kumpool;
  13. “Order Taker” refers to a team that accepts and assigns the delivery request to the End User. They act as Kumpool’s customer service representatives;
  14. “Affiliate” means with respect to any entity, any other entity controlling, controlled by, or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or
    indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise;
  15. “Intellectual Property Rights” means all intellectual property rights, including but not limited to rights to patents, rights in circuit layouts, trademarks, service marks, trade names, registered designs, copyrights, and other forms of intellectual property or industrial property, know-how, inventions, formulae, confidential or secret processes, trade secrets and confidential information, and  any other protected rights and assets and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable and for the full period
    thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
 
3. GENERAL TERMS
  1. All information provided by you shall be true and accurate;
  2. You will use the website, Application, Platform, and Services for their intended use and lawful purposes;
  3. You shall not lease, rent, sublicense, distribute or transfer copies of the Platform or the license of use of the Platform to any third parties;
  4. You will keep any of your identification including the account password we provided to you confidential and secure;
  5. You will not try to harm websites, Applications, Platforms, and Services in any way;
  6. You will provide us with the necessary documents such as proof of identity, permits, licenses, or other approval whenever we may request or require from you;
  7. You will not use the Application and/or Software for sending any unlawful material or fraudulent proposes;
  8. You agree to comply with all laws that are applicable to you and/or use of the Service while using the Service. Without permission from Kumpool, you shall not copy, counterfeit, or distribute the Software;
  9. You shall always maintain and update your information in a timely matter and make sure they are accurate and complete as Kumpool may rely on this information;
  10. You shall not contact the Driver other than in connection with the Service;
  11. You will not use the Application, Platform, and/or Software to make fake bookings;
  12. You shall not intentionally or unintentionally cause any damage to the vehicle.
 
4. ADDITIONAL TERMS
  1. KUMPOOL DELIVERY
      1. Delivery request must be made to the authorised delivery contact information of Kumpool Delivery including but not limited to its partners (Online Platforms or Application).
      2. Delivery operating hours maybe changed from time to time due to unforeseen circumstances (such as pandemic) and other Government rulings etc.
      3. The coverage of Kumpool Delivery is updated on its Online Portal.
      4. Online registration is required in order to make bookings for any delivery orders.
      5. You can on the spot request for delivery order in not less than one (1) hour before the required delivery time to your customers. This will be subject to the availability of timeslot in the web portal.
      6. You can book for scheduled time and date of your delivery orders ahead of time. The availability of the delivery time slot is subject to the operating hours and the occupancy rate.
      7. You shall specify the type of items being delivered to notify the assigned rider beforehand.
      8. Both you and the End User agree to give your particulars such as name, address, contact information, and other information that may be required by Kumpool Delivery team during the booking process.
      9. For scheduled delivery service, last-minute cancellation fee applies if you cancel the order or delivery in less than 2 hours before the scheduled pick-up time.
      10. For on-demand/ instant delivery service, a cancellation fee applies if you cancel the order or delivery in less than 15 minutes before the scheduled pick-up time.
      11. Delivery using a car that goes to or from a shopping mall will be required to have an additional RM2 to be added in the delivery total cost. For multi-stop delivery, a fixed surcharge will apply for each additional stop depending on the vehicle used (Motorcycle – RM1.00; Car – RM1.50).
      12. Kumpool may at times delay its expected delivery time due to unforeseen circumstances such as heavy rain, flood, accidents, heavy traffic, or any other natural calamities among other things.
      13. Delivery fee is subject to adjustment due to any change in the cost of fuel, Government tax/ fees, operation costs, etc. Kumpool has the right to adjust the delivery fee without any prior notice.
      14. You are given 15 minutes allowance to prepare your food/ product upon arrival of the Driver according to the specified delivery time and waiting time.
      15. Kumpool Delivery reserved the right to charge RM10 for any late preparations of food and the right to cancel the order if the User is not able to get the delivery item ready
        within the given time frame.
      16. Pick-up and delivery may not always be on time during peak hours, heavy traffic, and other unforeseeable situations beyond Kumpool’s control.

    If you are a User, you further represent, warrant/undertake that:

      1. You appoint Kumpool, and Kumpool agrees to be appointed by you as your logistic partner to deliver goods to the End User (“Services”).
      2. You shall be an independent supplier of goods and shall not be an agent, partner or employee of Kumpool. For the avoidance of doubt, the Supplier is not authorised to make or enter into any commitments or agreements for or on behalf of Kumpool.
      3. You also confirm that it is acting on your own behalf and not for the benefit of any other person. For the purposes of this clause and its agreement with Kumpool, a “person” includes an entity, corporation or association, incorporated or unincorporated.
      4. You shall do all things which are necessary or reasonably to be inferred from these Terms and Conditions even if not expressly provided for.
      5. You shall strictly follow the procedures set up by Kumpool to use the Services.
      6. You shall, at your own expense pack the goods in a safe and proper manner and in accordance with any instructions given by the End User.
      7. You shall ensure the goods are ready for pick-up by Kumpool at the scheduled time and agree that Kumpool shall be entitled to impose penalties for any unjustified delay or cancellation by you.
      8. You shall, at no extra charge, collaborate and work closely with such other Users as Kumpool may appoint in relation to the exhibition, event, activity or project under Kumpool.
      9. Users sending items or delivery orders to flats, apartments or condominiums will need to advise the End Users to collect the order at the security guard area or the entrance of the high rise building.
      10. You guarantee that the information provided by you does not violate any third party’s Intellectual Property Rights.
      11. You warrants and guarantees that it will not offer for sale and/ or require Kumpool to make delivery of any illegal or unlawful goods, including but not limited to firearms, ammunition, gunpowder, fireworks, explosive/ combustible/ inflammable/ toxic/ radioactive substances, industrial chemicals or any other substances which are of a noxious, dangerous or hazardous nature.
      12. You agree that you will comply with all the relevant prevailing laws and regulations.
      13. You guarantee that you possess all licenses required by prevailing laws and regulations and that there are no ongoing criminal, bankruptcy, or tax proceedings or other penalties outstanding in relation to its business operations.
      14. You shall pay all the relevant fees to Kumpool for the Services provided by Kumpool.
      15. You acknowledge and agree that Kumpool may batch several orders for trip efficiencies (where applicable).
      16. You may not produce and disseminate any marketing materials to the public relating to
        Kumpool without Kumpool’s express written consent.
      17. You shall always check the delivery price before placing an order with Kumpool.
      18. Placing an order means you have agreed with the pricing.
      19. You understand and agree that you are not allowed to change the delivery location once the order has been confirmed, Users are required to cancel the order and place a new order if they wish to change the delivery location.
      20. You understand and agree that Kumpool will not offer door-to-door delivery to non-landed property (apartments, condominiums, flats, office towers etc.) or shopping malls due to limited access or visitor restrictions to these places. The Driver will call the recipient (End User) when they have reached the place and pass the food or items to them at the guardhouse or any other designated location.
      21. You understand and agree that it is your responsibility to ensure that the delivery details (e.g. recipient’s name, delivery address and phone number) provided by you are accurate and complete. Kumpool will not responsible for any late delivery, non-delivery or fail delivery by reason of erroneous delivery details provided by you.
      22. You agree not to place an order with item having size, dimensions or weight in excess of the below:Motorcycle:
        • 35cm x 35cm x 35cm
        • 15kg

        Car:

        • 40kg

    For Driver:

    1. You are responsible for your own safety. You agree and acknowledge that you should prepare the necessary safety gears (including helmet and shoes) on your own and making sure that you are equipped with the gear while carrying out a duty.
    2. You agree and acknowledge that you should always fulfil the delivery order within the given time frame whenever you accept a new job. Kumpool Delivery reserve the right to deduct or refuse the commission payout for any late order when late delivery happens.
    3. You agree and acknowledge that you will be penalized for cancelling the job without a proper reason.
    4. You agree and acknowledge that delivery box is mandatory for every motorbike delivery for food. You are responsible for ensuring that the food or items are intact during the delivery, Kumpool Delivery will not responsible for any splitting or damage during the delivery attempt.
    5. You will ensure that when the food or goods are delivered to the recipients, they are in the same conditions as when they were received from the senders. Kumpool Delivery will not
      responsible for any damage during the delivery attempt.
    6. You agree and acknowledge that you possess a valid driving license.
    7. You agree and acknowledge that salary will only be paying out on a biweekly basis which is on the 5th and 20th of each month.
    8. You shall not accept any delivery item having size, dimensions or weight in excess of the below:Motorcycle:
      • 35cm x 35cm x 35cm
      • 15kg

      Car:

      • 40kg
    9. You shall not accept any delivery item containing or which you believe may contain any of the below items: illegal or unlawful goods, including but not limited to fire arms, ammunition, gunpowder, fireworks, explosive/combustible/ inflammable/ toxic/ radioactive substances,
      industrial chemicals or any other substances which are of a noxious, dangerous or hazardous nature.
  2. Kumpool RideFor User:
      1. The booking must be made through the official mobile Application either Kumpool App or LUGO App.
      2. The Operating hours may be changed from time to time due to unforeseen circumstances (such as pandemics) and other Government rulings etc.
      3. The coverage of Kumpool Ride is updated on its Online Portal, you must be within the service coverage area to book a ride.
      4. In-app registration is required in order to make a booking, you are required to provide your full name and phone number during the registration.
      5. Group booking is allowed, you can book a ride for up to a maximum of 5 people in a single booking on the same device.
      6. The fare is calculated based on the travelling distance and the number of passengers in a single booking.
      7. You can only select 1 pick-up and 1 drop-off point for each booking. If you need to book a Kumpool ride with multiple pick-up or drop-off points at the same time, you should get your bookings done on separate devices.
      8. You understand and agree that pick-up and drop-off stops are fixed as indicated in the app. You can book anywhere. However, you need to be at the pick-up stops to board the vehicle and you are not allowed to get off at a stop that is not what you have booked.
      9. You understand and agree that each User is entitled to one seat. You can take the seat as long as it is empty;
      10. You agree to indicate the accurate number of passenger(s) while requesting the Service. Kumpool has the right to cancel the booking or denied your boarding if the number of passengers is untrue or inaccurate.
      11. You are required to be ready at their pick-up stop 5-10 minutes before the estimated arrival time of their vehicles. You will have to make a new booking if you miss your vehicle.
      12. You are not allowed to board the vehicle without a prior booking.
      13. You are not allowed to change the pick-up or/and drop-off stops after the booking has been confirmed. You must cancel the existing booking and make a new one in order to change the pick-up or drop-off stop.
      14. You understand and agree that No-show or cancellation will negatively affect the trip of all passengers. Kumpool Ride reserve the right to permanently withhold service from any User who repeatedly cancels or does not show up.
      15. You must scan the ticket by placing the QR code under the machine while boarding the vehicle. This proves that you have used your ticket.
      16. You are required to scan the ticket when boarding only;
      17. You understand and agree that Kumpool Ride works by gathering passengers’ bookings in real-time. It optimizes to include as many passengers as possible travelling in the same direction. This may cause stops to be not in sequence.
      18. You understand and agree that Kumpool Ride only accepts cash as payment.
      19. You understand and agree that Kumpool Ride only offers one pricing for all passengers.
      20. You understand and agree that no change will be provided, it is your responsibility to prepare the exact fare when boarding the vehicle.
      21. You understand and agree that the arrival time shown in the app is an estimate and may vary subject to traffic conditions.
      22. You understand and agree that eating, smoking and bringing pets on vehicles are prohibited.
      23. You understand and agree that each User is allowed to occupy a maximum of one (1) seat only.
      24. You shall be responsible for the cost of cleaning and/or repairing the vehicle if you misuse the Service.
      25. You are allowed to carry onboard one (1) piece of bag/baggage. The item must not exceed the dimensions of 56cm (H) X 36cm (W) X 23cm (D) and with a weight limit of 7kg.

    For Driver:

    1. You understand and agree that you are only allowed to pick up and drop off Users at the designated stops according to the instruction of the system. You are not allowed to stop at places other than the designated stops.
    2. You understand and agree it is your responsibility to ensure each User is scanning the QR code ticket while boarding the vehicle.
    3. You understand and agree it is your responsibility to ensure each User is paying sufficient fare. In the case of income shortages, Kumpool has the right to do a shortage claim from you.
    4. You understand and agree it is your responsibility to ensure Users are not eating, smoking and bringing pets on board.


  3. Kumpool Shuttle Ticketing:
      1. Photo, videos, and other digital artworks generated for each campaigns and/ or promotions is a copyright owned by KUMPOOL. Promotional packages and rates may be combined with other products and services including its agents and partners. Any promotional packages conducted by KUMPOOL is subject to change without prior notice.

      2. Expired validity date for ticket is not allowed for replacement. Customer must consume it based on their purchased requirements. Ensure that ticket category (with MyKad/Child/Adult) is correct at the point of purchase. Any alteration or mutilation on the ticket shall be rendered null and void.

      3. Refund and exchange of purchased ticket is not allowed. The Company is not responsible to refund any unused purchased tickets due to unforeseen circumstances such as flood, earthquakes, bad weather, or personal matters or any happenings beyond the Management’s Control.

      4. Currency Exchange rate is subject to change at any time without prior notice. The Company reserves the right to cancel, change and/or refund all bookings or reservations made; any decision made by the Company in this regard is considered final and binding.

      5. These terms and conditions may be changed from time to time without advance notice.

5. USER ACCOUNT
  1. Users shall always secure their login details including but not limited to login ID and password that are in relation to the Platform and the Services and should not disclose them to any third party.
  2. Kumpool shall assume all bookings made through your mobile device/account will either be you or someone authorized by you.
 
6. KUMPOOL OBLIGATIONS
  1. Kumpool Delivery
    1. Kumpool shall ensure to provide a clean and spacious compartment for all its delivery service providers.
    2. Kumpool shall ensure that goods being delivered are in good condition and is/are without damage(s) when reached to the customer’s doorstep.
    3. The Order Taker of Kumpool shall comply with all the delivery request(s) from all its User’s requests including other partners (ex. ManjaStore). The team may ask for additional information from the User in order to validate the delivery charge(s) given as well as other information related to the delivery transaction such as date and time of the delivery request, name, contact information and address of the customer.
    4. Kumpool shall bear the full delivery cost as well as the product if the items are delivered to the wrong address/ recipient despite being given with the correct recipient’s address.
    5. Kumpool shall be responsible for any damages to the delivered item during the delivery process. However, once the item(s) is/are given to the recipient in good condition, Kumpool will not be liable to any damages thereafter.
    6. Kumpool may cancel/ reject delivery orders from the User if the destination is out of coverage by the service provider or if the area is risky due to heavy rains, floods other natural calamities.
    7. Kumpool shall have the right to cancel/ reject the delivery request if the items that are to be delivered are illegal and it’s against the law of Malaysia.
    8. Kumpool is using both motorbikes and cars to deliver items for the User.
    9. The delivery maximum size for a motorbike is 35cm (Height) X 35cm (Width) X 35cm (Length) with 50 kilometers as a maximum delivery distance and a 15-kilogram maximum package weight.
    10. A car can deliver package/items to not more dance 50 kilometers distance and must not more than 40-kilogram package weight.
    11. Kumpool shall have the right to cancel/ reject the delivery request (s) if the User is abusive, forceful, and harmful which may affect the security of the delivery service provider.
  2. Kumpool Ride
    1. Kumpool shall ensure the cleanliness of the vehicle and each User has their own seat.
    2. Kumpool shall ensure each User has occupied a maximum of one (1) seat only.
    3. Kumpool shall have the right to cancel the booking, denied the boarding or remove the User if the User is abusive, forceful, and harmful which may affect the security of the service provider.
    4. Kumpool shall have the right to cancel the booking, denied the boarding or remove the User if the User is boarding the vehicle with too many items or carrying items that are beyond the weight limits set.
 
7. PROMOTIONS
  1. The Users shall allow Kumpool to put any Marketing collaterals at their premise(s) that is related to the services offered by Kumpool.
  2. Any marketing collaterals made by the User shall be submitted to Kumpool for approval.
  3. Kumpool has the right to demand to remove any marketing collaterals or any advertisements (socials media/ TV Adverts/ Print/ broadcast) from the User if those items/ messages are against the standard of Kumpool.
 
8. PAYMENTS
  1. Kumpool DeliveryFor User:
      1. Kumpool will be charging the User delivery fees in accordance with the delivery distance in Kilometre with or without the required monthly subscription fee of RM50.00 to be paid to Kumpool.
      2. Users can choose to subscribe to the Service and pay a monthly subscription fee of RM50.00 to enjoy a lower delivery rate.
      3. Users that subscribed to the Service are required to open an E-money with a minimum initial deposit of RM50.00 with Kumpool.
      4. The RM50.00 subscription fee will be auto debited from the User’s E-Money Account on the 7th day of each month.
      5. Users shall ensure there are sufficient credits in their E-Money Account for the subscription fee deduction.
      6. In the case of failure of subscription fee payment, Kumpool will be charging the User delivery fees at the standard rate until the outstanding subscription fees have been settled.
      7. Users that do not subscribe to the Service, they can choose to make the payment either through cash or E-money Account.
      8. Under any circumstances you are not allowed to cash out the credits that you have topped up in Kumpool’s E-Money Account.
      9. Credits sold are not exchangeable, returnable nor refundable.
      10. Kumpool 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.
      11. You are obliged to check the delivery fee before placing a delivery order with Kumpool. Once the order is placed, you will be deemed to have agreed to our charges and will not be allowed to refute them under any circumstances.
      12. The delivery fares are calculated based on the traveling distance between the pick-up point and the drop-off point. To calculate fares,  Kumpool pricing algorithm selects the route with the shortest traveling time between the pick-up point and the drop-off point
        by putting the traffic conditions at that time into consideration. Hence, the same delivery request made at different timing might vary in terms of delivery fares and delivery time.
      13. The invoice shall only be sent electronically by attaching a copy of the sales record to the email address of the User when only the User has requested.
      14. Any request for an invoice will be given electronically to the User by Kumpool’s Customer Service Team.
      15. Without prejudice to Kumpool’s other rights under both parties’ Agreement, where the User owes Kumpool any payment or debt under their Agreement, Kumpool shall have the right to:
        1. deduct the amount of payment or debt owed by the User to Kumpool from any monies payable by Kumpool to the User under the agreement between two parties; or
        2. withhold any monies payable by Kumpool to the User under the agreement between two parties until the payment or debt owed by the User is satisfied.
      16. Kumpool shall not have to pay for any expenses or costs of whatever nature other than those expressly set out under the agreement of both parties.
      17. Unless otherwise agreed to in writing by Kumpool, payment shall be made by electronic bank transfer. The User shall provide Kumpool with all bank account information reasonably required by Kumpool to make such payment. The User shall have no recourse against Kumpool in respect of any delay in payment attributable to the User’s refusal or delay in the provision of its bank account information to Kumpool. Each Party shall bear their own bank charges.

    For Driver:

    1. Kumpool shall administer payments to you and from you by a wallet system (the “E-Wallet”).
    2. Your earnings will be displayed in the Driver’s dashboard in the Application and will be auto credited to your designated bank account on a bi-weekly basis.
    3. The income shall be credited into the driver’s bank account on the date specified by Kumpool, income withdrawal requests made on an ad hoc basis shall not be accepted.
    4. The funds in the Driver’s Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances.
  2. Kumpool Ride
    1. All payments shall be made in cash only and put into the farebox/cash box instead of the driver.
    2. No change will be provided, Users shall prepare the fare in exact amount when boarding the vehicle.
    3. Tickets sold are not exchangeable, returnable nor refundable.
    4. Kumpool 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.
 
9. RIGHTS OF THIRD PARTY
  1. A person who is not a party to the agreement between Kumpool and the User has no right under any rights of third parties legislation to enforce any term and condition of Kumpool.
 
10. CANCELATIONS
  1. Notwithstanding any other provisions of the agreement between Kumpool and the User, Kumpool shall have the right to cancel individual or outstanding partial deliveries without any liabilities whatsoever if the User breaches any essential provisions of this terms and conditions and/ or commits any defaults, including but not limited to any issues with the quality and/ or quantity of the goods, the wrong goods are prepared by the User, the presence of defects in the goods or any delay in making the goods available and ready for pick-up and delivery, any serious complaints made by the End User.
  2. In the event of a cancellation pursuant to Clause 11.1, the User will be liable for all disadvantages (including any loss and damage) suffered by Kumpool arising from the cancellation.
  3. In the event if the User cancels the sale of the goods at any point prior to delivery, Kumpool shall be entitled to claim a compensation equal to the sale price of the cancelled goods and/ or the full delivery fees at its absolute discretion, without prejudice the other rights of Kumpool.
 
11. TAXES, FEES AND DUTIES
  1. The User agrees to bear any amount equal to any duties, levies or taxes, however designated or levied by any competent authority/ agency/ body, relating to any amount payable by the User to Kumpool in accordance with the agreement between two parties.
 
12. SUB-CONTRACTING AND ASSIGNING
  1. The User shall not sub-contract or assign the whole or any part of both parties’ Agreement without the written consent of Kumpool. The User shall be fully responsible for all acts or omissions of any sub-users or assignees and the acts or omissions of any such third parties shall be deemed to be the acts or omissions of the User.
  2. Kumpool may assign or novate its Agreement to the User or any part thereof to its affiliated companies or any third party. The User hereby gives its consent to any future assignment, novation, or transfer of both parties’ agreement initiated by Kumpool.
 
13. TERMINATION
  1. Kumpool shall be entitled to rescind and immediately terminate its agreement with the User or cancel any part of the goods ordered by issuing written notice to the User with the following circumstances:
    1. if any declaration or submission made by the User regarding the goods offered is discovered to be false;
    2. if the User commits any breach of the warranties, terms and conditions in these terms and conditions or default in the performance of its express and/or implied obligations;
    3. any mortgagee, chargee or encumbrancer takes possession, or a receiver is appointed over any of the property or assets of the User;
    4. the User makes any voluntary arrangement with its creditors or becomes subject to an administration;
    5. an order of court is made to wind up the User or to place it under judicial management or a resolution is passed by the board members of the User for its winding up or liquidation;
    6. any distress or execution is levied or enforced in relation to any of the assets of the User; or
    7. the User ceases to carry on business or becomes insolvent.
  2. Without prejudice to Kumpool’s right to terminate under Clause 14.1 (b), if the User commits any breach of the warranties, terms and conditions in these terms and conditions or default in its performance of both parties’ Agreement, Kumpool may in its absolute discretion issue a written notice of breach or default to the User informing the User of its breach or default. The User shall, within seven (7) days of the date of the notice of breach or default, remedy the breach or default to Kumpool’s satisfaction or otherwise propose a solution that is accepted by Kumpool in writing.
  3. Where the User elects to issue a written notice under Clause14.2 and the User fails to remedy the breach or default to Kumpool’s satisfaction or otherwise propose an acceptable solution, the User shall be taken to have repudiated the Agreement and Kumpool shall have the right to immediately terminate the Agreement or cancel any part of the goods ordered by the End User by way of a written notice of termination or cancellation as the case may be.
  4. For avoidance of doubt, the termination or cancellation of both parties’ Agreement shall take effect from the date of the written notice issued and Kumpool shall not be liable to the User for any damages or compensation.
  5. Clauses 18, 19, 23 and 27 shall survive the expiration or termination of both parties’ Agreement.
 
14. FORCE MAJEURE
  1. “Force Majeure Event” means any circumstance not within a party’s reasonable control including, without
    limitation:
    1. acts of God, fire, flood, drought, earthquake or other natural disaster;
    2. epidemic or pandemic, whether it has been declared by the World Health Organisation;
    3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war,
      armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
    4. nuclear, chemical or biological contamination or sonic boom;
    5. any law or any action taken by a government or public authority, including without limitation
      imposing a nation-wide quarantine, an export or import restriction, quota or prohibition, or
      failing to grant a necessary license or consent;
    6. collapse of buildings, fire, explosion or accident;
    7. any labour or trade dispute, strikes, industrial action or lockouts (other than in each case by
      the party seeking to rely on this clause, or companies in the same group as that party);
    8. interruption or failure of utility service; or
    9. any other similar events beyond the parties’ reasonable control which affects the general
      public.
  2. If a party is directly prevented, hindered or delayed in or from performing any of its obligations under
    both parties’ agreement by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in
    breach of the agreement between both parties or otherwise liable for any such failure or delay in the
    performance of such obligations, provided it has complied with Clause 15.4 and the failure or delay
    could not have been prevented by reasonable precautions. The time for performance of such obligations
    shall be extended accordingly.
  3. The corresponding obligations of the other party will be suspended, and it’s time for performance of
    such obligations extended, to the same extent as those of the Affected Party.
  4. The Affected Party shall:
    1. as soon as reasonably practicable after the start of the Force Majeure Event but no later than
      seven (7) days from its start, notify the other party in writing of the Force Majeure Event, the
      date on which it started, its likely or potential duration, and the effect of the Force Majeure
      Event on its ability to perform any of its obligations under the agreement; and
    2. use all reasonable endeavours to perform its obligations under both parties’ Agreement or to
      mitigate the effect of the Force Majeure Event on the performance of its obligations.
  5. If the Force Majeure Event prevents, hinders or delays the Affected Party’s performance of its
    obligations for a continuous period of more than thirty (30) days, either party may terminate both
    parties’ agreement by giving seven (7) days’ written notice to the other party without being liable
    therefore in damages or compensation.
 
15. VARIATION OF AGREEMENT
  1. No variation of both parties’ Agreement shall be effective unless it is in writing and signed by the
    User and the authorised signatory of Kumpool.
 
16. GOVERNMENT REGULATIONS
  1. The User shall, at its own costs, obtain and maintain all licenses, permits, authorizations or
    certifications required without any restrictions or qualifications whatsoever to enable the User to
    fulfil all its obligations under the agreement between two parties.
  2. The User shall ensure that it adheres to all government regulations throughout the duration of the
    agreement between Kumpool and the User.
 
17. INDEMNIFICATION
  1. The User agrees to indemnify and keep indemnified Kumpool, its subsidiaries and Affiliates and each of
    their employees, directors, officers and representatives from and against all claims, cost, damages,
    debt, expense, liability, loss, suit, action, demand, cause of action, proceeding or judgment of any
    kind which are made or brought against or suffered or incurred by Kumpool and arise directly and/or
    indirectly out of or in connection with any act, omission, error or negligence of the User and breach of
    any of the terms and conditions herein by the User.
  2. In the event of Kumpool (including its subsidiaries and affiliates and each of their employees,
    directors, officers and representatives) being held liable for damages arising out of any claim by any
    agent, workman or employee employed the User or any sub-contractors engaged by the User for the
    performance of both parties’ Agreement, the User shall indemnify Kumpool against such claim and any
    related costs, charges and expenses incurred by Kumpool, provided that the same is not caused by the
    gross negligence or willful default of Kumpool, its employees or agents.
  3. Notwithstanding any other provision herein, it is agreed that neither Party shall be liable to the other
    Party for any loss of profit, goodwill, business opportunity, and anticipated savings or for any
    indirect or consequential loss or damage suffered or flowing from either Party.
  4. Kumpool cannot guarantee that its Services will be free from any malfunctions, but will exercise all
    reasonable endeavour to resolve any such case.
 
18. CONFIDENTIALITY
  1. Except with the written consent of Kumpool or where such information is publicly available, the User
    shall not disclose its agreement with Kumpool or any of its provisions, or any information issued or
    furnished by or on behalf of Kumpool in connection with its contract Agreement to any person.
  2. In addition, the User shall not make use of any information obtained directly or indirectly from Kumpool
    or compiled or generated by the User in the course of its contract agreement which pertains to or is
    derived from such information, other than use for the purposes of its contract with Kumpool, without a
    prior written consent of Kumpool.
  3. The User shall not publish or release, nor shall it allow or suffer the publication or release of, any
    news item, article, publication, advertisement, prepared speech or any other information or material
    pertaining to any part of the obligations to be performed under its agreement in any media without a
    prior written consent of Kumpool. For the avoidance of doubt, this restriction includes any citation
    that Kumpool is or was a customer of the User.
  4. Where the User has access to or receives Personal Data (as defined at Clause 19.6) from Kumpool:
    1. The User represents and warrants to Kumpool that it shall at all times comply with the
      requirements of the Personal Data Protection Act of Malaysia 2010 (“PDPA”) in respect of the
      User’s collection (if applicable), use, processing, disclosure (if applicable), protection,
      retention and other handling of such Personal Data, and the User undertakes to continue to
      comply with the aforesaid requirements of the PDPA in respect of such Personal Data; and
    2. The User shall not transfer any such Personal Data outside Malaysia without express written
      consent from Kumpool.
  5. To the extent that the User discloses Personal Data to Kumpool, the User undertakes to Kumpool that, by
    the time of such disclosure:
    1. the User will have obtained all the necessary consents from the relevant individuals to whom the
      Personal Data relates, for the disclosure of their Personal Data to for Kumpool’s collection,
      use and/or disclosure for the purposes of both parties’ Agreement; and
    2. such consents have not been withdrawn.
  6. “Personal Data” means “any information in respect of commercial transactions, which
    1. is being processed wholly or partly by means of equipment operating automatically in response to
      instructions given for that purpose;
    2. is recorded with the intention that it should wholly or partly be processed by means of such
      equipment; or
    3. is recorded as part of a relevant filing system or with the intention that it should form part
      of a relevant filing system, that relates directly or indirectly to a data subject, who is
      identified or identifiable from that information or from that and other information in the
      possession of a data user, including any sensitive personal data and expression of opinion about
      the data subject; but does not include any information that is processed for the purpose of a
      credit reporting business carried on by a credit reporting agency under the Credit Reporting
      Agencies Act 2010;”
 
19. KUMPOOL’S REPRESENTATIVE
  1. Kumpool shall appoint one or more persons to supervise and liaise with the User for the purposes of the
    signed Agreement between two parties. The representative(s) shall be as named by Kumpool through written
    notifications.
  2. All instructions, directions, notices, consents, approvals or waivers that may be given at Kumpool’s
    discretion under the Agreement between two parties shall not be binding on Kumpool unless given in
    writing or under the hand of the representative(s).
  3. For the avoidance of doubt, the representative(s) cannot vary the Agreement between two parties, waive
    any provision of the Agreement or consent to any departure unless the representative(s) concerned are
    also authorized signatories of Kumpool.
 
20. CUMULATIVE REMEDIES
  1. The provisions of the contract agreement between Kumpool and the User and each of the rights and
    remedies of Kumpool under both parties’ Agreement are cumulative and are without prejudice to one
    another and are in addition to any rights or remedies Kumpool may have in law or in equity. No exercise
    by Kumpool of any one right or remedy shall operate to hinder or prevent the exercise by it of any other
    right or remedy.
 
21. WAIVER
  1. No waiver of any provision of both parties’ Agreement nor consent to any departure by the User
    therefrom, shall in any event be of any force or effect unless the same shall be confirmed in writing,
    signed by the authorized signatory of Kumpool, and then such waiver or departure shall be effective only
    to the extent for which it may be made or given. No failure or delay by Kumpool to exercise any right or
    remedy provided under both party’s agreement or by law shall constitute a waiver of that or any other
    right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or
    remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further
    exercise of that or any other right or remedy.
 
22. WARRANTY AND REPRESENTATION
  1. Either Party warrants that each Party has entered into an agreement in full reliance of the following
    representations and warranties:
    1. Each Party has the capacity and power to enter into and perform and comply with their respective
      obligation under both parties’ Agreement;
    2. The Agreement of both parties is a valid and binding obligation and enforceable against each
      Party in accordance with the terms hereof;
    3. Each Party’s execution of and/or performance of or compliance with its obligations under the
      Agreement of both parties, do not and will not violate (i) any laws to which each Party is
      subject or (ii) any agreement to which each Party is a party or which is binding on each Party
      or each Party’s assets;
    4. Each Party is not in default of any agreement to which each Party is bound which may materially
      and adversely affect each Party financial condition or each Party ability to perform any
      obligations under both parties’ agreement nor are there any actions, proceedings, claims,
      investigations, litigation or arbitration pending or threatened against each Party which may
      have a similar or analogous effect; and
    5. Each Party complies and owns all mandatory licenses under each Party applicable law in its
      applicable jurisdiction and each person who represents and binds each Party to its Agreement is
      authorized to represent and to bind each Party.
  2. Either Party warrants that the representations and warranties in this Clause 23 shall continue to be
    true for so long as the agreement between two parties subsists, and each Party will bear the risk
    respectively and legally be processed if in the event the representation and warranties stated herein
    are proven to be incorrect or untrue. The Parties shall promptly notify each other in the event any of
    the aforementioned representations or warranties is incorrect or become untrue in any way or form.
 
23. SEVERABILITY
  1. Any provision of both party’s agreement that is void, illegal or otherwise unenforceable will be severed
    to the extent permitted by law without affecting the validity, legality or enforceability of any other
    provision stated on its their contract agreement.
 
24. NOTICES
  1. All notices or other communications required or permitted to be given or made in connection with the
    agreement between two parties shall be in writing in English and delivered electronically, personally or
    sent by registered post or courier to each party at the address set out in the Agreement or such other
    address as a party may substitute from time to time by giving notice to the other party in writing.
 
25. COMPLIANCE
  1. The User shall not offer, promise or provide to any employee of Kumpool with any of the following: cash,
    commissions, kickbacks, favours, gratuities, entertainment or anything of value. The User understands
    and acknowledges that Kumpool’s employees are similarly prohibited from soliciting or receiving any
    payments or favours from the User.
  2. This restriction extends to any business associates or family members of the User’s and Kumpool’s
    employees, or with any other persons with whom the User has or Kumpool’s employees have significant
    business or personal relationships in exchange for obtaining or retaining Kumpool’s business.
 
26. INTELLECTUAL PROPERTY
  1. Each Party warrants that it is the legal licensee of all Intellectual Property Rights used under their
    Agreement and free from any infringement or violation of any third-party ownership or intellectual
    property rights and no other party will claim to have the same ownership of such Intellectual Property
    Rights.
  2. All reports, specifications, other similar documents compiled or prepared in the course of their
    Agreement, including documents, materials produced and any derivation of any Intellectual Property
    Rights granted by any Party, pursuant to Clause 27.1, shall be the absolute property of such Party
    throughout their preparation and at all times thereafter. For the avoidance of doubt, the Intellectual
    Property Rights subsisting in all reports, specifications and other similar documents set out in this
    clause shall at all times remain vested in the relevant Party.
  3. Each Party warrants that it will not use any other Party’s trademark for any marketing activities,
    including but not limited to promotional activities without prior written consent from the other Party
    and unless it is conducted based on both parties’ Agreement.
 
27. ENTIRE AGREEMENT
  1. Both parties’ agreement constitutes the entire agreement between the parties and supersedes and
    extinguishes all previous agreements, promises, assurances, warranties, representations and
    understandings between them, whether written or oral, relating to its subject matter.
 
28. APPLICABLE LAW
  1. The Agreement between Kumpool and the User and all matters arising from or in connection with it, shall
    be governed by and construed in accordance with, the laws of Malaysia under the exclusion of the UN
    Convention on Contracts for the International Sale of Goods (CISG).
  2. The Parties hereby submit to the exclusive jurisdiction of the Malaysian courts.
 
29. AMENDMENT OF THIS TERMS AND CONDITIONS
  1. Kumpool Delivery reserve the right to amend any of these Terms and Conditions without prior notice.
  2. Kumpool will give notice on its amendment on these terms and conditions by posting the same at its own website.
 
30. PRIVACY POLICY
  1. This terms and conditions follows ACT 709 PERSONAL DATA PROTECTION ACT published June 15, 2016 http://bit.ly/PDP_Act_709_2016 in respect to the collection (if applicable), use, processing, disclosure (if applicable), protection, retention and other handling of such Personal Data.
  2. Any update related to the Privacy Policy related to this terms and condition shall be update and published at Kumpool’s Website.