Privacy Policy

INTRODUCTION

1. This website (https://trabiz.com) (“Platform”) is owned and operated by TRABIZ SDN. BHD. (Company No. 1491556-W), a company incorporated in Malaysia with its address at Residensi Park, Unit 2-26, Persiaran Jalil Utama, Bukit Jalil, 57000 Kuala Lumpur, Malaysia (“TRABIZ”). TRABIZ offers and provides, inter alia, courier, delivery, logistics and procurement services to meet the needs of its customers in connection with its domestic, international and/or e-commerce business across Malaysia and/or any other countries.

2. This page explains the terms by which you may use and access our online services and Platform (collectively “Services“). Please read the terms and conditions as set out herein (“Terms”) carefully and thoroughly before using the Platform or opening an account with us. You may use the Services only if you agree to and comply with these Terms and all applicable laws, rules and regulations. If you are under 18, your parent or guardian must agree to these Terms on your behalf, and will be responsible for your use of and access to the Services; this includes financial responsibility for any services you purchase through the Platform.

3. By accessing or using the Platform, you agree that you have read, understood and agreed to be bound to all our terms and conditions hereinafter appearing.

VARIATION

1. TRABIZ reserves the right to amend these Terms at any time and it is your responsibility to review these Terms on each occasion you visit the Platform.

2. All amendments to these Terms will be posted on the Platform. However, continued use of the Platform will be deemed to constitute acceptance of the new Terms. You may discontinue using the Platform if you disagree to be bound by such new Terms.

DEFINITIONS & INTERPRETATION

1. Definitions

   In these Terms, the following words and expression shall have the following meanings unless the context otherwise requires:-

   “Account” means any account which you have registered on the Platform;

   “Affiliate” means, in relation to a party, any entity which directly or indirectly owns or controls, is directly or indirectly owned or controlled by, or is in common ownership or control with, such party and “Affiliates” shall be construed accordingly;

   “Applicable Laws” means, with respect to any person, any and all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions or any form of decisions, determinations or requirements of or made or issued by, governmental, statutory, regulatory, administrative, supervisory or judicial authorities or bodies (including without limitation, any relevant stock exchange or securities council) or any court, arbitrator or tribunal with competent jurisdiction and to which such person is subject;

   “Business Day” means a day on which banks are open for business in Kuala Lumpur (other than a Saturday or Sunday);

   “Confidential Information” means any information having designated in writing to be confidential or proprietary or if given orally, is confirmed promptly in writing as having been disclosed as confidential or proprietary or otherwise by the Disclosing Party to the Recipient, including all Parties’ information and details (including contact details, telephone numbers, network configuration, location information, billing name, billing amounts, credit history and other payment details), information of a commercial, technical or financial nature relating to these Terms, the Disclosing Party or any of its Affiliates including all trade secrets, know-how, show-how, patents research, development or technical information, confidential and proprietary product or information, Intellectual Property rights, business plans, operations or systems, financial and trading positions, details of customers, companies, debtors or creditors, information relating to the officers, directors or employees of the Disclosing Party or any of its Affiliates, marketing information, printed matter, rates and rate tables, contracts, all regardless of form, format or media whether machine readable or human readable, including written, oral or tangible form and also includes information communicated or obtained through meetings, documents, correspondence or inspection of tangible items;

   “Force Majeure” means any cause beyond a Party’s reasonable control affecting the performance by the affected party of its obligations hereunder including, but not limited to, acts of God, riots or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind (not involving the affected party’s own employees), fire, flood, lightning, explosion, subsidence, inclement weather, pandemic, epidemic, movement control order, restrictive public movement and acts or omissions of persons or bodies beyond the reasonable control of the said Party;

   “Intellectual Property” means copyright, patents, know-how, trade secrets, trademarks, brands names, trade names, design rights, rights in get-up, database rights, chip topography rights, mask works, utility models, domain names and all similar rights and, in each case: (a) whether registered or not, (b) including any applications to protect or register such rights, (c) including all renewals and extensions of such rights or applications, (d) whether vested, contingent or future, (e) to which TRABIZ is or may be entitled and (f) wherever existing;

   “Personal Data” has the meaning ascribed to it in the Malaysian Personal Data Protection Act 2010.

2. The words “we”, “us”, “our” in these Terms refer to TRABIZ and its successors and assigns and any reference to TRABIZ includes a reference to such successor and assign.

3. The words “you”, “your”, “User” in these Terms refer to the person accessing or using the Platform or our Services.

ACCOUNT AND SECURITY

1. To access the Platform and use the Services, an account must be created on the Platform.

2. The permission to use the Platform and/or the Services is conditional upon the User’s agreement that the User will provide information and documents that are accurate, genuine, true and complete, and not misleading in any material particular when registering an account on the Platform. TRABIZ has the absolute discretion to reject, approve, suspend or terminate the User’s registration of an account with TRABIZ and/or the User’s usage of the Platform and/or the Services.

3. The User has the responsibility to safeguard the confidentiality of the User’s account and password and for restricting access to the User’s devices which allows access to our Platform and the Services. The User will not share the User’s account access on the Platform with others or let anybody impersonate the User using the User’s access credentials. The User agrees to be fully responsible for all activities and actions that occur under the User’s account or password.

CONDITIONAL USE OF THE PLATFORM AND SERVICES

1. TRABIZ grants the User a non-transferable and revocable license to use the Platform, subject to these Terms. Any breach of these Terms shall result in the immediate revocation of the license granted herein without relevant notice to the User.

2. The User is personally responsible for its use of the Platform and shall use the Platform at its own risk.

3. The User shall access and use the Platform in compliance with all Applicable Laws. Without limiting the generality of the foregoing, the User’s use of the Platform shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to the User in connection with such use.

4. The User must not misuse the Platform by deliberately introducing viruses, malwares, trojans, worms or other material that is malicious or technologically harmful designed to interfere with, destroy or limit the functionality of the Platform.

5. The User acknowledges and agrees that TRABIZ reserves the right to disable access to or suspend the User’s account without providing reason and prior notice. The User may then be prevented from accessing the Platform. In the event that the User’s Account has been suspended, reactivation may be requested and TRABIZ shall have absolute discretion on deciding whether to reactivate the User’s account.

6. TRABIZ reserves the right, but shall not be obliged to:
   

   (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may in our sole and absolute discretion, investigate any violation of these Terms contained herein and may take any action as we deem appropriate;

   (b) prevent or restrict access of any unauthorised User to the Platform and/or the Services;

   (c) report any activity suspects to be in violation of any Applicable Laws and to co-operate with the relevant authorities; and/or

   (d) request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this section if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.

TERMINATION AND SUSPENSION OF ACCOUNT

1. TRABIZ reserves all rights to terminate these Terms, in whole or in part, or revoke any or all of the User rights granted under TRABIZ Terms (a) at any time, without assigning any reasons; and/or (b) in the event the User has breached any of the provisions of these Terms.

2. Without limiting other remedies available to us, we may limit, suspend, or terminate our Services, prohibit your access to the Platform and its content, delay or remove hosted content, and take technical and legal steps to keep you off the Platform if we believe that you are creating problems or possible legal liabilities, infringing our Intellectual Property and/or the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or Users whom we believe are harassing our employees or other Users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of Users who may be repeat infringers of our Intellectual Property and/or the intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.

USE OF INTELLECTUAL PROPERTY

1. All Intellectual Property displayed in the Platform are the property of TRABIZ and where applicable, third party proprietors identified in the Platform. No right or licence is granted directly or indirectly to any party accessing the Platform to use or reproduce any Intellectual Property, and no party accessing the Platform shall claim any right, title or interest therein. By using or accessing the Platform and/or Services, you agree to comply with the copyright, trademark, service mark, and all other Applicable Laws that protect the Services, the Platform and its content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Platform or its content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of the Platform on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without our prior written consent (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to the Platform).

CONTENT AND LINKS

1. Parties other TRABIZ may list advertisement on the Platform, and the Platform may link to the sites of TRABIZ’s affiliated companies and certain other companies. TRABIZ is not responsible for examining or evaluating, and does not warrant the information of such business or individual or the content of their websites. TRABIZ does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

2. The Platform may contain information supplied by third parties and links to internet sites maintained by third parties. TRABIZ does not, in any respect, control such content or operate such sites and does not guarantee the availability of any email from or links to third-party sites. Third-party’s content and links are included solely for the convenience of Users, and do not constitute any endorsement by TRABIZ.

ACCESS AND INTERFERENCE

1. The Platform contains robot exclusion headers. Much of the information on the Platform is updated on a real-time basis and is proprietary or is licensed to TRABIZ by our Users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Platform for any purpose without our express written permission.

2. Additionally, you agree that you will not:

   (a) take any action that imposes or may impose (in our sole discretion) any unreasonable or disproportionately large load on our infrastructure;

   (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Platform without the prior expressed written permission of TRABIZ and the appropriate third party, as applicable;

   (c) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; or

   (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.

LIMITATION OF LIABILITY

1. The User specifically agrees that TRABIZ shall not be responsible for unauthorised access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Platform. The User specifically agrees that TRABIZ is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The User specifically agrees that TRABIZ is not responsible for any content sent using the communication services and/or included in the Platform by any third party.

2. In no event shall TRABIZ be liable for any special, incidental, indirect, punitive or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability or otherwise, (including without limitation, those resulting from: (1) reliance on the materials presented, (2) performance of the services, (3) loss of use, data or profits, (4) delays or business interruptions, and (5) any theory of liability) arising out of or in connection with the use of, or inability to use the Platform, whether or not TRABIZ has been advised of the possibility of such damages.

3. TRABIZ shall not be liable for any damages, liability or losses arising out of your use of or reliance on the services or your inability to access or use the services even if TRABIZ has been advised of the possibility of such damages. TRABIZ shall not be liable for delay or failure in performance resulting from causes beyond TRABIZ’s reasonable control.

DISCLAIMERS

1. The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TRABIZ, on its own behalf or on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

2. Without limitation to the foregoing, TRABIZ provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. TRABIZ has made reasonable efforts to post current and accurate information in the Platform; however, we assume no responsibility for any errors, omissions or inaccuracies whatsoever in the information provided in the Platform.

3. TRABIZ takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control. We reserve the right to restrict, suspend or terminate the operation of the Platform at any time without incurring liability of any kind to you.

4. Our Service may contain links to third-party web sites or services that are not owned or controlled by TRABIZ. TRABIZ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that TRABIZ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

PERSONAL DATA

1. Information provided to us through the Platform may include Personal Data. TRABIZ will collect and use Personal Data in accordance with our Privacy Policy . Our Privacy Policy also contains information about how we handle and safeguard Personal Data, rights to request access to and correction of Personal Data and to withdraw the consent given to TRABIZ.

GENERAL

1. Indemnity
   

   You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party.

2. Relationship
   

   No agency, partnership, joint venture or employer-employee relationship is intended or created by these Terms. No agency, partnership, joint venture or employer-employee relationship is intended, exists or is created between TRABIZ and any Users.

3. Severability
   

   The unenforceability of any part of these Terms shall not affect the enforceability of any other part.

4. Notices
   

   Except as explicitly stated otherwise, any legal notices shall be served on TRABIZ via registered mail directed to Residensi Park, Unit 2-26, Persiaran Jalil Utama, Bukit Jalil, 57000 Kuala Lumpur, Malaysia or using the Contact Us form (in the case of TRABIZ ) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given twenty four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing unless otherwise required by law.

5. Assignment
   

   You shall not assign any or all of its rights or obligations under these Terms without the written consent of TRABIZ. TRABIZ is entitled at any time to assign to any other party all or any part of a debt and/or TRABIZ ’s rights and/or obligations pursuant to these Terms.

6. Applicable Law and Jurisdiction
   

   By visiting the Platform, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and TRABIZ. The courts of Malaysia will have non-exclusive jurisdiction over any legal action or the proceedings against TRABIZ arising out of, with respect to, or in connection with any disputes over these Terms and disputes between Users.

7. Third party rights
   

   These Terms is entered into between you and TRABIZ. No other third party has any rights to enforce any of the provisions of these Terms.

INTEGRAL PART OF THIS TERMS

1. The Users hereby acknowledge that the Privacy Policy and all policies referred to in these Terms as well as all other policies that may be prescribed by TRABIZ from time to time shall constitute an integral part of these Terms.