Yellow Porter

Welcome to Yellow Porter

1.Introduction

1.1
Yellow Porter (“we”, “us” or “our” as the context requires) is a technology company and operates an online platform through the Site (“Platform”) to assist our customers in sourcing, purchasing and shipping items as described on the Site (such services provided by us are referred to as “Services”). For more details of our Services and how they work, please refer to the Site and our FAQ.
1.2
The Platform and our Services are owned and provided by Yellow Porter Sdn. Bhd. (Company No. 1214105-D), a private limited company incorporated in Malaysia. Our contact details are available here.

2.These Terms

2.1
These Terms of Use together with our Privacy Policy (collectively, the “Terms”) and govern all Users’ (“you”, “your”, or “yours” as the context requires) access to and use of the Platform and/or our Services, and constitute a legal and binding agreement between Users and Yellow Porter. By accessing or otherwise using the Platform and/or our Services, you are confirming that you have read, understood and agreed to these Terms.
2.2
We reserve the right, in our sole discretion, to vary any parts of the Terms at any time. You should periodically visit this page to review the current Terms so that you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms on the Platform and update the “Last Updated” date at the top of these Terms, or notify you of such changes by email at the email address registered with your Account. Your continued use of the Platform and/or our Services after any such changes constitutes your acceptance of the latest Terms. If you do not agree to abide by these or any future Terms, please do not use or access (or continue to use or access) the Platform and/or our Services.
2.3
The access to or use of certain areas and features of the Platform and/or our Services may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, as published on the Site or in our FAQ. All such separate policies, standards or guidelines, or additional terms and conditions, are hereby incorporated by reference into these Terms. If there is a conflict between these Terms and the terms and conditions applicable to a specific area or feature of the Platform and/or our Services, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.4
Personal information that you may provide to us in connection with your access to and use of the Platform and/or our Services will be managed in accordance with our Privacy Policy.

3.Interpretation

3.1
In these Terms, the following words and expressions have the following meanings unless inconsistent with the context or stated otherwise:
“Account” means an account registered and maintained by a User with Yellow Porter through the Platform in connection with the use of the Platform and/or our Services;
“Acknowledgement Form” means such prescribed form to be signed off by (i) a Porter as acknowledgement of acceptance to undertake a Shipment, or (ii) a Buyer as acknowledgement of receipt of a Shipment;
“Buyer(s)” mean such Users who make purchases through our Services or request for their Items to be delivered through our Services;
“Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks, copyrighted materials and Third Party Resources, displayed, published or made available through the Platform and/or our Services, whether by Yellow Porter or Users;
“Country of Origin” means the country in which the Items were ordered or purchased by the relevant Buyer;
“Event of Force Majeure” means any cause beyond the reasonable control of a party to these Terms, including any act of God, outbreak, or epidemic of any kind, communicable and virulent disease, strike, flood, fire, embargo, boycott, act of terrorism, insurrection, war, explosion, civil disturbance, shortage of gas, fuel or electricity, interruption of transportation, governmental order, unavoidable accident, or shortage of labour or raw materials;
“Intellectual Property Rights” means all intellectual property rights (whether registered or not) including, but not limited to, copyright (including copyright in computer software), patents, logos, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in connection with the Platform, our Services and/or Content;
“Insurance” means the insurance for loss and damage of goods in transit carried by Yellow Porter or third party insurance as the Buyers may purchase through Yellow Porter, subject to the applicable terms of the insurance policies;
“Insured Limit” means the insurance claim limit of up to RM500 only per shipment in the case of the Insurance carried by Yellow Porter, or a higher insured amount in the case of third party insurance as the Buyers may purchase through Yellow Porter, subject to the applicable terms of the insurance policies;
“Items” means such items, goods or products identified, ordered and/or purchased by Buyers, whether independently or through our Services, that are subject to a Shipment;
“Item Cost” means the purchase price of an Item;
“Last Mile Delivery Fee” means such amount and rates published and updated on the Site from time to time for our last mile delivery service;
“Other Service Charges” mean such fees at such rates as published and updated on the Site from time to time payable by Buyers for our other non-shipping services (e.g. ‘Shop4Me’, ‘e-Shop4Me’, ‘Concierge Service’ and ‘Last Mile Delivery’), but excluding Shipping Fees, Storage Charges, Last Mile Delivery Fees and Taxes;
“Porter(s)” means such Users who undertake to deliver a Shipment through our Services as a registered porter;
“Porter’s Fee” means such fees at such rates as published and updated on the Site from time to time payable by Yellow Porter for a Porter’s service;
“Site” means Yellow Porter’s website at https://www.yellowporter.com;
“Shipping Address(es)” means such locations designated by Yellow Porter to receive a Shipment, whether from a Porter or a Buyer, as published and updated on our Site from time to time;
“Shipping Fee” means such fees at such rates as published and updated on the Site from time to time payable by Buyers for the cost of a shipment (whether standard or express), but excluding Storage Charges, Other Service Charges, Last Mile Delivery Fees and Taxes;
“Shipment” means a shipment containing the Item(s);
“Shipment Destination” means the final shipment destination at one of the Shipping Addresses to which the relevant Buyer designates for the Shipment to be shipped through our Services;
“Storage Charges” means such charges at such rates as published and updated on the Site from time to time payable by Buyers for Shipment kept by Yellow Porter exceeding thirty (30) days;
“Taxes” means any any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by any governmental authorities, and all interest, penalties or similar liabilities with respect thereto;
“User(s)” means end users of the Platform and/or Services, including but not limited to Porters and Buyers;
“User’s Content” means any data, text, software, music, sound, photographs, graphics, video, messages or other materials, including but without limitation to, company logos, trademarks and copyrighted materials, that Users post, upload, transmit or otherwise make available through the Platform and/or our Services;
“Yellow Porter’s Technology” means Yellow Porter’s proprietary technology underlying the Platform and/or our Services, including internet operations design, content, software tools, hardware designs, algorithms, software (in source and object forms), source codes, user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Yellow Porter or its licensors) in connection with the Platform and/or our Services, and also including any derivatives, improvements, enhancements or extensions of the Technology conceived, reduced to practice, or developed by Yellow Porter from time to time that are not uniquely applicable to Users or that have general applicability in the art.
3.2
References to Clauses are to the clauses of these Terms.
3.3
The headings are for convenience only and shall not affect the interpretation of these Terms.
3.4
Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa; references to natural persons shall include bodies corporate and vice versa; and words denoting any gender shall include all genders.References to Clauses are to the clauses of these Terms.

4.Eligibility To Use

4.1
You must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform, our Services, and/or register an Account as a User (whether a Porter or a Buyer). By accessing or using the Platform, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are accessing or using our Service and/or Platforms, or registering for an Account for and on behalf of a corporate entity, you represent and warrant that you have the requisite power and authority to bind such corporate entity to these Terms.
4.2
For transparency and fraud prevention purposes, and to the extent permitted by law, we may, but have no obligation, to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identity or background of Users, and (ii) screen Users against third party databases or other sources.

5.Account Registration

5.1
You are required to register an Account in order to use our Services whether as a Buyer or a Porter. If you choose to register an Account, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the relevant registration form. By registering an Account, you authorise us to collect, store, retain and use your personal data in accordance with our Privacy Policy. Your failure to maintain accurate, complete and up-to-date personal data (including having an invalid or expired Payment Method) may result in your inability to access and use the Platform and/or our Services. In certain instances, you may be asked to provide proof of identity by us to access or use the Platform and/or our Services, and you agree that you may be denied access to or use of the Platform and/or our Services if you refuse or fail to provide proof of identity. We reserve the right to approve or refuse registration of an Account in our sole discretion.
5.2
If you sign up for an Account through your Facebook credentials, you permit us to access certain information from your Facebook’s profile for use by the Platform and/or our Services. You may be able to control the amount of information that is accessible to us by adjusting your account privacy settings on Facebook.
5.3
Every User is only entitled to create one account per person. Any User who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms which may result in his Account being suspended or terminated, in which case he shall not be allowed to have access to the Platform and/or our Services upon suspension or termination.
5.4
You may not assign or otherwise transfer your Account to another party without our prior written authorisation.
5.5
You may not permit another third party to use and access your Account. You are responsible for maintaining the confidentiality of the username, password and other information relating to your Account, and are fully responsible for any and all activities that occur under your Account. You agree to (i) immediately notify us of any unauthorised use of your Account, password, or any other breach of security, and (ii) ensure that you exit from your Account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.
5.6
You acknowledge that we may establish general practices and limits concerning use of the Platform. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by Platform. You acknowledge that we reserve the right to terminate any Account that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion, with or without notice.
5.7
By registering an Account, you agree to receive certain email and other communications in connection with the Platform and/or our Services. For example, you might receive review requests, activity reservation and cancellation confirmations as well as friend requests from other Users. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.

6.Terms Governing Buyers

6.1
Shipping Criteria and Screening
1. You are responsible to check and ensure that your Shipment will meet our shipping criteria as published and updated on our Site, including in our FAQ, from time to time (“Shipping Criteria”), including but not limited to, limitations as to the types of goods, dimensions, value and destinations that fall outside the scope of our Services, before delivering or instructing the delivery of your Shipment to our local Shipping Address for in-bound or out-bound shipping purposes through our Services.
2. You are also responsible to check and ensure that your Shipment does not contain any prohibited, dangerous or otherwise unlawful goods or items that will violate any rules, regulations or laws of the relevant jurisdiction with regards to import/export of goods. You may also refer here for list of prohibited/restricted import/export goods by Royal Malaysian Customs.
3. We reserve the right (but not obligated) to unwrap or unbox all Shipments received by us for in-bound or out-bound shipping purposes through our Services for (i) consolidation and repacking, (ii) verification against our Shipping Criteria and/or (iii) safety screening (to the extent that all labels and documents such as manuals, warranty cards, invoices, etc, will remain intact). By using our Services, you consent to such verification and security screening measures to be carried out by us at our option and in accordance with our internal procedures prior to accepting your Shipment for shipping. While we may have screened your Shipment, we do not and cannot guarantee that your Shipment complies with all requirements and regulations of the laws of the relevant jurisdiction with regards to import/export of goods. In the event your Shipment is confiscated by any customs or airport authority for any reasons, we shall notify you immediately, but you agree that we shall not be liable for the loss of the Shipment save for the Insured Limit provided that the loss is claimable under the Insurance and complies with the terms of the Insurance policies.
4. We reserve the sole and absolute discretion to reject any Shipment that does not meet our Shipping Criteria or contains any prohibited, dangerous or otherwise unlawful goods or items mentioned above. Where we reject your Shipment or in the event your Shipment is prohibited for any reason from leaving the Country of Origin, you will be notified by e-mail notification or through your Account (“Rejection Notification”) and any Shipping Fee paid will be refunded to you and/or, at your option, your Shipment will be returned to a designated address within the Country of Origin subject to payment of the applicable delivery charges and Storage Charges (where applicable) upon billing. If you fail to collect the Shipment or instruct us to return it within ninety (90) days from the Rejection Notification, we shall deem that you have abandoned the Shipment and we shall have the right to dispose of or otherwise deal with the Shipment as we deem fit without notice to you and liability to us.
6.2
Shipment Arrival at Shipment Destination
1. Upon arrival of your Shipment at the designated Shipment Destination, you will be notified by e-mail notification or through your Account (“Arrival Notification”). You may then choose to self-collect from the Shipment Destination or request for our last-mile delivery service to you subject to payment of the applicable delivery charges and Storage Charges (where applicable) for such service upon billing.
2. Our shipping service in respect of your Shipment will be deemed completed upon your acceptance of the Shipment by signing off the Acknowledgement Form and taking physical possession of the Shipment. You are advised to inspect the condition of the Items of Shipment before signing the Acknowledgement Form and notify us immediately of any damage to your Items. We reserve the right to investigate your claim and, where applicable, claim for your loss under the Insurance subject to the Insured Limit.
3. If you fail to collect the Shipment from the Shipment Destination or instruct us to deliver the Shipment to you through our last-mile delivery service within ninety (90) days from the Arrival Notification, we shall deem that you have abandoned the Shipment and we shall have the right to dispose of or otherwise deal with the Shipment as we deem fit without notice to you and liability to us.
4. While we endeavor to ensure timely delivery of your Shipment in accordance with the estimated delivery timeline as published and updated on the Site from time to time, we do not and cannot warrant that all Shipments will always arrive at the Shipment Destination in a timely manner. We are not responsible for late arrival of Shipment if it is due to reasons or factors beyond our control such as an Event of Force Majeure, and we shall not be liable for any compensation or refund for reason of such late arrival. However, for any Shipment that fails to arrive due to Yellow Porter’s fault for more than thirty (30) days from the estimated delivery timeline, the Buyer may claim for such loss under the Insurance subject to the Insured Limit.
6.3
Shipping Fee
1. We reserve the right to change or update the rate and method of calculation of Shipping Fee at any time in our sole and absolute discretion. However, any change to the Shipping Fee shall not apply in addition to or reduction from any Shipping Fee already paid.
2. The calculator for Shipping Fee available on the Site is for estimation purposes only. We reserve the right to determine the final Shipping Fee applicable to your Shipment based on (i) prevailing rate and method of calculation, (ii) actual and final consolidated package dimension and volumetric weight of your Shipment, and (iii) chosen mode of shipment (whether standard or express).
6.4
Storage Charges
1. We reserve the right to change or update the rate and method of calculation of Storage Charges at any time in our sole and absolute discretion. However, any change to the Storage Charges shall not apply in addition to or reduction from any accrued Storage Charges before such change.
2. For the avoidance of doubt, Storage Charges shall not apply to the first thirty (30) days of storage (“FOC Storage Period”). However, we reserve the right to change, amend or cancel the FOC Storage Period at any time in our sole and absolute discretion.
6.5
Other Service Charges
1. We reserve the right to change or update the rate and method of calculation of Other Service Charges at any time in our sole and absolute discretion. However, any change to the Other Service Charges shall not apply in addition to or reduction from any Other Service Charges already paid.
2. Any charges that are not published on our Site but agreed with you through separate written agreement on an case-by-case basis shall be deemed as “Other Service Charges” under these Terms.
6.6
Taxes and Clearance
1. In the event we or our Porters incur any Taxes in delivering the Shipment, Buyers shall reimburse Yellow Porter or our Porters for such amounts incurred upon presentation of such proof of Taxes paid.
2. In the event your Shipment is withheld by any customs or airport for any reasons, we shall notify you immediately and you shall have the option to handle the necessary clearance by yourself or request for our assistance subject to payment of the applicable charges for such service upon billing. Any additional expenses or charges in respect of such clearance shall be borne by you, and you agree that Yellow Porter shall not be liable for such additional expenses or charges. You agree that we shall be entitled to withhold the Shipment until you settle all Taxes and, where applicable, charges or expenses relating to such clearance.
6.7
Payments
1. You must provide us with a current, valid and accepted payment method (“Payment Method”, as may be amended or updated from time to time,) to use our Services. This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fails. You may edit your Payment Method information by changing it on the Platform. We use third party payment service providers to facilitate your Payment Method, and such payment service providers may charge a processing or transaction fee, if applicable. The terms of your payment will be based on your Payment Method and determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method.
2. All fees and charges, including but not limited to, Shipping Fees, Other Service Charges and Taxes, payable in respect of our Services shall be paid by you upon billing and/or before we render such services to you.
3. All fees and charges in respect of for our Services shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with our Services.
4. All payments by you in respect of our Services shall be paid without set-off or counterclaim and free and clear of and without deduction or withholding for or on account of any taxes, levies, imposts, duties, fees, assessments or other charges of whatever nature, imposed by any governmental authorities, and all interest, penalties or similar liabilities with respect thereto.
5. All payments by you in respect of our Services shall be paid promptly, failing which late payment interest shall be chargeable on any overdue invoice at the rate of 8% per annum, calculated from the date when the payment of the invoice becomes due for payment up to and including the date of actual payment.
6.8
Cancellation, Change and Refund
1. All payments made by you shall not be refunded unless we have failed to perform the Service for which you have paid except. For the avoidance of doubt, we shall not be liable to make any refund to you where (i) your Shipment is rejected by us for failing to meet our Shipping Criteria or containing any prohibited, dangerous or otherwise unlawful goods or items that will violate any rules, regulations or laws of the relevant jurisdiction with regards to import/export of goods, (ii) your Shipment has been confiscated by any customs or airport authority for reasons not attributable to us or our Porters, (iii) your Shipment has been withheld by any customs or airport authority and you have failed to handle the necessary clearance, or (iv) your Shipment has been disposed of by us due to your deemed abandonment under these Terms.
2. You may modify or cancel a Service at any time before it has been paid for or rendered. If you wish to modify a Service for which you have paid, kindly contact us at support@yellowporter.com for assistance subject to payment of any additional charges (if applicable). If you cancel a Service which has been paid for and rendered, you shall not be entitled to any refund.
6.9
Title, Risk and Insurance
1. Where the Items are purchased by you independently, you acknowledge and agree that the title and risks of such Items are entirely yours.
2. Where the Items are purchased by us at your request, you acknowledge and agree that the title and risks of such Items shall remain with Yellow Porter until you have paid for the Item Cost and Other Service Charges.
3. The risk of loss or damage in transit shall be covered by the Insurance subject to the Insured Limited and the applicable terms of the insurance policies. At your request and cost, we can assist to facilitate additional insurance to be taken up by you subject to payment of the relevant premium upon billing.
6.10
Purchases for Buyers (‘Shop4Me’, ‘e-Shop4me’)
Where you request us to make purchases for you through our Services (i.e. ‘Shop4Me’ or ‘e-Shop4me’), our obligations are limited to making the purchases for and on your behalf in accordance with the description and specifications provided by you (e.g. product model, size, colour, etc) and we do not provide any warranty as to quality, merchantability, defect-free or fitness for a particular purpose. If you are dissatisfied with the purchases for any reasons, your recourse is with the relevant vendor, supplier or manufacturer of the product (as the case may be) and not Yellow Porter. Yellow Porter may facilitate the claim for warranty as appropriate and if legally allowed. If any additional cost is incurred in claiming for warranty, Buyers shall reimburse Yellow Porter accordingly.

7.Terms Governing Porters

7.1
As a Porter, you shall not be obligated to undertake a Shipment by submitting your travel schedule until you have accepted it by signing off the Acknowledgement Form and taking physical possession of the Shipment. You shall have the right to inspect the Shipment before accepting it. Once you have accepted a Shipment, you shall undertake to complete the delivery of the Shipment to the designated Shipping Address without damage and on a timely basis.
7.2
Upon delivery of Shipment to the designated Shipping Address, we shall pay the Porter’s Fee within seven (7) days into the Porter’s designated bank account in Malaysia. If the Porter’s designated bank account is outside of Malaysia, the Porter shall be liable for any additional charges or fees in relation to remittance of fund outside of Malaysia.
7.3
In the event of loss of or damage to Shipment for any reasons, the Porter shall notify Yellow Porter immediately, and he shall not be entitled to any Porter’s Fee but shall instead be liable to compensate for the loss of or damage to the Shipment equal to the Item Cost unless the loss or damage is recoverable under the Insurance and the Insured Limit is adequate to cover the Item Cost.
7.4
In the event the Porter incur any Taxes in delivering the Shipment, Yellow Porter shall reimburse the Porter for such amounts incurred upon presentation of such proof of Taxes paid.

8.Promotional Offers, Discounts, Promo Code, etc

8.1
From time to time we may run promotions, contests, surveys, privileges and other programmes (collectively, “Promotions”), subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms. Promotions are only valid for such time period as we may determine and specify.
8.2
The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, “Promo Codes”):
1. Each Promo Code is only eligible for a single use and is only valid for the time period as specified by us;
2. Promo Codes are not resellable, transferable, exchangeable, convertible or redeemable for cash;
3. Promo Codes are not resellable, transferable, exchangeable, convertible or redeemable for cash;
4. Promo Codes may only be used pursuant to the specific terms that we establish for such Promo Codes and you must enter the relevant Promo Code into the “Promo Code” field prior to completing your order;
5. A minimum spend may be required before use of a Promo Code is permitted;
6. Each Promo Code has its value in its respective currency, and can only be used in that particular country. For example, a promo code worth RM50 is only applicable in Malaysia, whether for the person who shared the Promo Code or the person who redeemed the Promo Code;
7. No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Promo Codes is allowed. Promo Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used. We reserve the right to verify the validity of any Promo Code and to declare null and void, any Promo Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used;
8. We reserve the right to withhold, deduct or remove credits or other features or benefits obtained through the use of a Promo Code by any User in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal or in violation of the applicable terms and conditions of the Promo Code or these Terms.
8.3
Where any free gift is offered as part of a Promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.
8.4
Our decision on all matters relating to Promotions and Promo Codes is final and binding.
8.5
We reserve the right to change, suspend, cancel and/or waive any Promotion or Promo Code and its applicable terms and conditions thereof at any time and from time to time in our sole and absolute discretion without notice to you and liability to us.

9.Right of Use, Obligations and Restrictions

9.1
Upon registration of an Account, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform and/or our Services in accordance with and subject to these Terms. You must at all times comply with any instructions for use of the Platform and/or our Services as we may determine and publish from time to time. Any rights not expressly granted herein are reserved by us.
9.2
Access to and use of the Platform and/or our Services may be limited in scope to certain geographical territories. Therefore, we do not guarantee that our Services are necessarily available in your location. Any limitations are identified on the Platform or is otherwise provided when you are registering as a User. Where we set out the territories in which our Services are available, you may not use the Platform and/or our Services outside of those territories.
9.3
You may only use the Platform and/or our Services in compliance with applicable laws and for legitimate purposes. You agree to comply with these Terms, all local rules and laws regarding your use of the Platform and/or our Services, including your online conduct that is applicable in your jurisdiction.
9.4
In using the Platform, our Services and/or Content, you undertakes that you will not:
1. use the Platform and/or our Services for any purpose that is improper or unlawful in violation of any applicable local, state, national or international law, or any regulations having the force of law, or these Terms;
2. use the Platform in any manner that could damage, disable or impair our server, or interfere with other Users’ access, the use of the Platform and security related feature of the Platform;
3. disassemble, reverse engineer, decompile, modify or otherwise creating derivative works based on Yellow Porter’s Technology, any software, applications, updates or hardware contained in or available via the Platform and/or our Services;
4. do anything or cause an action to be done resulting in the infringement or violation of our Intellectual Property Rights;
5. attempt to gain unauthorized access to the Platform by using other User’s Account through means of hacking, mining or other means of interference;
6. solicit personal information from anyone under the age of 18;
7. harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
8. interfere with or disrupt the Platform, or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform or our Services, or circumvent any technology used to protect the Platform;
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform and/or our Services; and/or
10. remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Platform and/or our Services or pass off or attempt to pass off the Platform and/or our Service as the product of anyone other than Yellow Porter.
We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates the above provisions, including without limitation, suspending or terminating the Account of such violators and reporting them to the law enforcement authorities.
9.5
You are solely responsible for your own internet connection or telecommunication charges incurred for accessing and connecting to the Platform.
9.6
You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable copyright and other notices on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.

10.User’s Content

10.1
To the extent where the Platforms allow you to post, upload, transmit or otherwise make available any User’s Consent, you represent and warrant that: (i) you either are the sole and exclusive owner of the User’s Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User’s Content; and (ii) neither the User’s Content nor your submission, uploading, publishing or otherwise making available of such User’s Content nor our use of the User’s Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree that:
1. you will not share or transmit any material or content that (i) is unlawful, offensive, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains malicious content, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) is illegal, or intend to promote or commit an illegal act of any kind; or (vii) in our opinion, is objectionable or which restricts or inhibits any other person from using or enjoying our Services, or which may expose us or our Users to any harm or liability of any type, or disrepute;
2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. although all intellectual property rights subsisting in any User Content will be owned by you, you hereby grant us and our group companies an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your User’s Content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting Yellow Porter, the Platform and/or our Services in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity;
4. we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary; and
5. under no circumstances shall we be liable in any way for any User Content, including but not limited to any errors or omissions in any User Content, or any loss or damage of any kind incurred in connection with the use of or exposure to such User Content made available via our Service and/or the Platforms.

11.Updates, Modifications and Availability

11.1
We may modify or upgrade the features and functionality of the Platform and/or our Services from time to time, and reserve the right to make upgrades, updates, modifications and changes as we deem fit in our sole discretion. You understand that such upgrades or changes may result in interruption, modification, failure, delay or discontinuation of our Service or any function or feature thereof. In this regard, you acknowledge and agree that we assume no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with our Services. However, we will make reasonable efforts to minimise interruptions, failure or delay of our Services and will make reasonable efforts to inform you of material changes which may affect your use of our Services.
11.2
Notwithstanding anything contained in these Terms, we reserve the right to modify or discontinue, temporarily or permanently, the Platform and/or our Service (or any part thereof), remove or disable access to the Platform, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform and/or our Services.

12.Intellectual Property

12.1
The Platform, the Content and Yellow Porter’s Technology underlying our Services are the property of Yellow Porter or our licensors, and are protected by copyright and/or other intellectual property rights. Except as expressly authorised by us, you agree to not modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform, our Services and/or Content, in whole or in part. The word “Yellow Porter” and associated logo are our trademarks, trade names and/or service marks, and you agree not to display or use in any manner such names and/or marks without our prior written authorization. In connection with your use of the Platform, you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. You further acknowledge that you have no right to have access to any aspect of the Platform in source-code form, and you agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in Yellow Porter’s Technology. Any uses of the Platform, our Services and/or Content not expressly permitted herein are prohibited, and any rights thereof not expressly granted here are reserved by Yellow Porter.
12.2
You acknowledge that by using the Platform and/or our Services, you will not acquire any right, title or interest in or to the Intellectual Property Rights except for the right to use the Platform and/or our Services granted to you pursuant to these Terms. Nothing in these Terms or our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Yellow Porter’s trade or service marks displayed on the Platform without our prior written permission in each instance. All goodwill generated from the use of the Platform, our Services and/or the Intellectual Property Rights will inure to Yellow Porter’s exclusive benefit.
12.3
To the extent where you provide us with any any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that Feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.
12.4
Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Yellow Porter.

13.Third Party Resources

13.1
The Platform may contain links to third party’s websites, products, services, information, advertisement or other materials (“Third Party Resources”) that are not owned or controlled by us, or our Services may be accessible through Third Party Resources. Links to Third Party Resources do not constitute an endorsement or recommendation by Yellow Porter of such Third Party Resources.
13.2
When you access Third Party Resources, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Resources relating to your use of their services and that you will act in accordance with those policies, in addition to your obligations under these Terms.
13.3
We have no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Resources. In addition, we will not and cannot monitor, verify, censor or edit the content of any Third Party Resources. By using our Services, you expressly relieve and hold Yellow Porter harmless from any and all liability arising from your use of any Third Party Resources.
13.4
You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Platform, or between Users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other Users or third parties, you hereby release Yellow Porter, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

14.Disclaimers

14.1
These Terms set out the full extent of our obligations and liabilities in respect of the Platform and our Services.
14.2
While we endeavour to ensure that the information and materials on the Platform and/or of our Services are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of our Services are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
14.3
Whilst we endeavour to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
14.4
We make no representation, warranty or guarantee:
1. that the Platform and/or our Services is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or our Services is not illegal or prohibited, and for your own compliance with applicable local laws;
2. that the Platform and/or our Services will be compatible with all hardware, software and operating system which you may use;
3. about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or our Services or of any information from our partners; and/or
4. about the quality, suitability, safety or ability of our partners’ services.
14.5
We have no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Platform and/or our Services.
14.6
You may see advertising material submitted by third parties on the Platform. Each individual advertiser is solely responsible for the content of its advertising material and we accept no responsibility for the content of such advertising material, including, without limitation, any error, omission or inaccuracy therein.
14.7
If you are dissatisfied with the Platform and/or our Services, or do not agree with any part of these Terms, or have any other dispute or claim with or against Yellow Porter or another User with respect to these Terms or the Platform, your sole recourse is to discontinue use of the Platform and/or our Services.

15.Exclusion and Limitation of Liability

15.1
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES OR LOSSES OF ANY KIND IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, THE PLATFORM, OUR SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR OPPORTUNITY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED IN THE PRECEDING PARAGRAPH, THEN YOU EXPRESSLY AGREE THAT IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE INSURED LIMIT OR THE AGGREGATE AMOUNTS PAID BY YOU TO YELLOW PORTER IN RESPECT OF OUR SERVICES WHAT ARE THE SUBJECT OF YOUR CLAIM, WHICHEVER IS HIGHER.
15.2
Nothing in these Terms shall limit or exclude (i) our liability in respect of death or personal injury caused by our gross negligence, fraud or fraudulent misrepresentation, (ii) any other liability that cannot be excluded by law, or (iii) your statutory rights.

16.Indemnity and Release

16.1
You hereby agrees to indemnify Yellow Porter, including our directors, officers, employees, or agents (“Indemnified Parties”) and keep the Indemnified Parties harmless from and against any claims, actions, suits, proceedings, damages and/or liabilities whatsoever made against the Indemnified Parties arising from your use of the Platform, our Services, Content and/or performance of your duties and obligations under these Terms save where such claims, actions, suits, proceedings, damages and/or liabilities arise from the negligence, wilful misconduct or breach of these Terms by the Indemnified Parties.
16.2
We may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Yellow porter without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.

17.Term, Suspension and Termination

17.1
The agreement between Yellow Porter and you under these Terms commences upon registration of your Account, and will remain in full force and effect for as long as you have access to our Services, unless terminated prior to such date in accordance with the terms hereof.
17.2
We may in our absolute discretion immediately suspend, discontinue or terminate your access to and use of the Platform, our Services and/ or your Account under these Terms for any reasons, including but not limited to your actual or suspected breach of any provisions under these Terms, with or without notice at any time without incurring any liability whatsoever to you or any third party. In this instance, we further reserve the right to remove and discard data in and content of your Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for such suspension, discontinuance or termination may be referred to the appropriate law enforcement authorities.
17.3
Upon termination of the agreement with you pursuant to these Terms, any sum owing or due to us shall be immediately payable, and your access rights to our Services and other rights hereunder shall terminate.
17.4
All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

18.Relationship of Parties

18.1
Nothing contained herein shall be read as constituting joint venture, partnership or agency between a User (whether a Porter or Buyer) and Yellow Porter. None of the parties hereunder may make or purport to make any representations, warranties or undertakings for the other parties.

19.Notice

19.1

Any notice or other communication in connection with these Terms shall be in writing in English (“Notice”) and shall be sufficiently given or served if delivered or sent to:

In the case of Yellow Porter:
Address:	12, Jalan Tempinis, Lucky Garden, 59100 Kuala Lumpur, Malaysia
E-mail:	support@yellowporter.com
Attention:	Customer Service
In the case of a User:
Address:	As registered with the User Account
E-mail:	As registered with the User Account

or (in either case) to such other address or electronic mail address as the relevant party may have notified to the other party in accordance with this Clause.

20.General

20.1
No delay, neglect or forbearance on the part of a party in enforcing against the other party any term or condition of these Terms shall either be or deemed to be a waiver or in any way prejudice any right of that party under these Terms.
20.2
If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provision of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.
20.3
Save as otherwise specifically provided in these Terms, the parties hereunder shall not be liable for failures or delays in performing their obligations hereunder arising from any Event of Force Majeure, and in the event of any such delay, the time for all parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due dispatch in the circumstances.
20.4
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without prior notice to or consent by you.
20.5
These Terms are personal to you. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

21.Governing Law and Jurisdictions

21.1
Irrespective of the country from which you access or use the Platform and/or our Services, to the extent permitted by law, these Terms and your use of the Platform and/or our Services shall be governed in accordance with the laws of Malaysia without regard to choice or conflicts of law principles, and you hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with these Terms.

Customer Support

We aim to provide Users high standard of experience while using our Services and welcome inquiries relating to your use of our Services, such as technical, billing and payment issues or other questions relating to these Terms. Our Customer Support can be reached via telephone (+6011 1611 0169) during our normal operation hours (from 9am to 6pm) or by email at support@yellowporter.com.

UPDATED AS OF 1 JUNE 2018

TERMS & CONDITIONS

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