Welcome to Yellow Porter
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.
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.
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.
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.
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.
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.
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.
References to Clauses are to the clauses of these Terms.
The headings are for convenience only and shall not affect the interpretation of these Terms.
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.
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.
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.
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.
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.
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.
You may not assign or otherwise transfer your Account to another party without our prior written authorisation.
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.
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.
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.
Shipping Criteria and Screening
Shipment Arrival at Shipment Destination
Shipping Fee
Storage Charges
Other Service Charges
Taxes and Clearance
Payments
Cancellation, Change and Refund
Title, Risk and Insurance
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.
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.
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.
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.
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.
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.
The following terms shall apply to the use of credits, vouchers, coupons and codes (collectively, “Promo Codes”):
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.
Our decision on all matters relating to Promotions and Promo Codes is final and binding.
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.
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.
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.
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.
In using the Platform, our Services and/or Content, you undertakes that you will not:
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.
You are solely responsible for your own internet connection or telecommunication charges incurred for accessing and connecting to the Platform.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
These Terms set out the full extent of our obligations and liabilities in respect of the Platform and our Services.
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.
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.
We make no representation, warranty or guarantee:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 email at support@yellowporter.com.
UPDATED AS OF 1 JUNE 2018