1.1 Welcome to Next Day logistics services (“Next Day”) offered by TELEPORT Group of Companies, and/or our agents, affiliates and/or subsidiaries (individually and collectively, “TELEPORT”, "we", "us" or "our") through the Next Day portal at https://book.teleportnextday.com/en/my/sign-up (“Platform”) for online account set-up (“Account”), purchase of Next Day plans (“Plan(s)”) or booking delivery orders from your Account (“Order(s)”) . For the purposes of this Terms of Service, “you” or “your” means you as the person utilising the Services (defined below).

This Terms of Service is a contract between you and TELEPORT and it governs your use of all Services (defined below), as applicable. 

1.2 Please read these Terms of Service carefully before using our Services so that you are aware of your legal rights and obligations with respect to TELEPORT. 

1.3 By clicking a box indicating acceptance or clicking "create account" or "login" and installing, downloading, entering, connecting to, accessing and/or merely using our Platform, you:

1. acknowledge that you have read and understood this Terms of Service and our Privacy Policy;

2. represent that you are of legal age to enter into a binding agreement with TELEPORT; and

3. agree that you are legally bound by this Terms of Service and our Privacy Policy.

1.4 By clicking a box indicating acceptance and/or merely using our Platform, YOU SIGNIFY YOUR IRREVOCABLE AND UNCONDITIONAL ACCEPTANCE OF THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO THIS TERMS OF SERVICE, PLEASE DO NOT ACCESS THE PLATFORM OR USE OUR SERVICES.

1.5 We reserve the right at all times, at our sole discretion, to revise, amend, change or vary these Terms of Service without prior notice to you. Your continued use of the Services, this Platform and/or your registration of an Account after the effective date of the revision shall constitute irrevocable acceptance of these Terms of Service and any such revisions, amendments, changes or variations.

1.6 We reserve the right at all times, at our sole discretion, to change, upgrade, modify, suspend, limit or discontinue any portion of this Platform or the Services or any of our related functions or applications, including payment methods, temporarily or permanently, without giving any reason. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Platform or Services in our sole discretion and without liability.

1.7 We reserve the right to refuse to provide you or deny your access to the Platform or Services or to allow you to open an Account for any reason whatsoever and at our sole discretion. 

1.8 We reserve the rights without liability, to revise our Plans and pricing. Where reasonably practicable, we will give you reasonable advance notice of such changes and all previous versions of our user guides or leaflets will be superseded. You accept you are responsible for regularly reviewing information on the Plan(s), Service(s) at https://book.teleportnextday.com including changes to these Terms of Service.

2.1 You must be at least 18 years old and have the capacity to contract to be eligible to use this Platform and open an Account. 

2.2 We may decline or refuse to supply Services to you based on any reasons whatsoever which includes but is not limited to your eligibility, your compliance with these Terms of Service, and/or the availability of the Services.

3.1 The services we provide or make available on which these Terms of Service apply, include (a) the Platform; (b) opening an Account on the Platform; (c) purchase of any of the Plan(s); (d) purchase of delivery orders through the Account; and/or (e) the provision, operation and/or usage of the Next Day services by TELEPORT; (e) any other services that we may add from time to time (collectively, the “Services”). We reserve the right to introduce new features, functionalities or applications to the Services or future versions of the Services. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by these Terms of Service unless otherwise stated.

3.2 Our Services are designed to facilitate registered users using our Platform to place, accept, conclude, manage and fulfil Order(s) for the provisions of products and services within the Platform (“Transactions”). We reserve the right to introduce new features, functionalities or applications to the Services or future versions of the Services. 

3.3 We reserve the right to refuse or cancel any Transaction for any reason at our sole discretion. Situations that may result in a Transaction being rejected or cancelled, include, but are not limited to, problems which have been identified by our credit and fraud control department, where we have reason to believe that the Transaction is unauthorised, violates any law, rule, or regulation, or may otherwise subject us or any of our affiliates to liability. We may also require additional verifications or information of any Transaction.

3.4 In the event where a Transaction is terminated, we may, at our sole discretion, determine whether it is reasonable to refund part of or all the funds to you.

3.5 We may impose additional restrictions, limitations, prohibitions or any other measures that we, in our sole discretion, deem necessary or reasonable in each Transaction.

3.6 You will be responsible for all Transactions made through the Platform via your designated Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.

4.1 To access our Services, you are required to register an Account by providing certain personal information such as your name, company name, company’s country of incorporation, phone number and email address and such other details or information as may be required by us. Once an Account is set up you can directly purchase a Plan(s) and make Order(s).

4.2 By setting up an Account, you confirm that you have provided us with your consent to use your personal information for verification if required. 

4.3 By registering for an Account, you confirm that (a) you irrevocably understand and agree to TELEPORT’s Privacy Policy; (b) you have provided us with your consent to use your personal information for the provision of Services; (c) TELEPORT may use your personal information for purposes of improving the general experience of the Services or other product improvements; (d) TELEPORT may use your personal information and information or data relating to your usage and consumption of our Services for any purpose; and (e) you will pay or allow us to deduct from your Account all fees and charges associated with the use of the Services and any outstanding amounts (including late payment fees and/or interest) owed by you to us.

4.4 You shall not transfer your Account to any third party without TELEPORT’s prior written consent.

4.5 You may only use the Services and/or open an Account if your applicable jurisdiction allows you to accept these Terms of Service.

4.6 You are responsible for providing accurate registration information and for keeping your registration information up to date or notifying us in the event of changes.

4.7 You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have collaborated with. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

4.8 You agree to (a) keep your password and PIN confidential and use only your personal Account password and PIN when logging in; (b) ensure that you logout of your Account at the end of each session on the Platform; (c) immediately notify us of any unauthorised use of your Account; and (d) ensure that your Account information is accurate and up to date. You are fully responsible for all activities that occur under your Account even if such activities or uses were not committed by you. Once you are logged in to the Account, you will stay logged in until you log out. If someone (you or someone else) has entered the wrong password multiple and/or PIN up to 5 (five) times in a row on any 1 (one) day, access to your Account will be temporarily blocked as a safety measure. To recover your blocked Account, you must contact us. To the extent allowed by law, we will not be liable for any loss or damage arising from unauthorised use of your password or account or your failure to comply with this Clause 4.

4.9 If your Account is or remains inactive (which means you have not logged into your Account) for more than three (3) months, we reserve the right to adopt the necessary measures such as suspending or deactivating your Account.

5.1 You may choose a Plan(s) based on your delivery preference and frequency. All our Plan(s) have a 365 day validity period. Plan(s) unused on day 366 may not be extended or renewed, and will expire automatically and any payment made by you towards the purchase of such unused Plan(s) shall not be refunded. 

5.2 You must purchase a Plan(s) based on the place of origin of the Delivery Goods. For example: You may not use a Malaysia Plan for deliveries originating from Singapore. 

5.3 All purchases of Plan(s) shall be final and non-refundable unless you immediately notify TELEPORT in writing within 48 hours of purchase and request for reimbursement or transfer to another Plan(s). TELEPORT reserves the right to determine whether you will be reimbursed or require you to transfer to another Plan(s).  

5.4 All our Plan(s) are on a prepaid basis. You may purchase a Plan(s) using any of the following methods: (a) Online banking; or (b) Alipay; (c) Credit / Debit card; or (d) any other payment method as may be introduced by TELEPORT from time to time (“Payment Methods”). In utilising any of these Payment Methods, you confirm, represent and warrant: (i) that you are legally authorised to use the method to purchase the Plan(s); (ii) that consent and irrevocably authorise TELEPORT to charge your designated bank account for the top up amount.

5.5 You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any payment initiated by you using the Payment Methods for any reason beyond our control, including, but not limited to, the following:

(a) if, through no fault of ours, your bank account does not contain sufficient funds or if the payment or purchase would exceed the transactional limit set by you for your bank account;

(b) our payment processing centre is not working properly and you know or have been advised by us about the malfunction before you execute the Payment Instructions;

(c) you have not provided us with the correct Account information, or information that you provided becomes incorrect; and/or

(d) Uncontrollable Events (hereinafter defined), even if foreseeable or foreseen, that prevent the proper utilisation of the Payment Methods and we have taken reasonable precautions to avoid those circumstances.

5.6 TELEPORT has the right to suspend the processing of any Transaction where TELEPORT reasonably believes that the Transaction may involve Prohibited Conduct (hereinafter defined) or where TELEPORT reasonably believes you to be in breach of these Terms of Service. You agree that you will cooperate in relation to any financial crime screening that is required and to assist TELEPORT in complying with any prevailing laws or regulations in place. You are liable to TELEPORT for the full amount of the payment if it is later invalidated for any reason including, but not limited to, claims, chargebacks, or if there is a reversal of the payment. You agree to allow TELEPORT to determine at TELEPORT’s sole discretion (or in the case where a credit / debit card is used as the funding source, to work with your credit / debit card issuer) the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to us by debiting your bank account.

5.7. Subject to Clause 5.6, and provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of funds to be removed from your bank account or causes funds from your bank account to be directed in a manner inconsistent with your instructions, you agree that your sole remedy shall be to have the wrongly deducted sum returned to your bank account. 

5.8. You acknowledge and agree that we shall have no duty to and shall not be required to take any steps to verify or seek any other confirmation from any party as to whether such merchant or recipient is the intended party to receive the funds, and we shall not be liable for transferring the funds to such merchant or recipient even if such person is not the intended party.

6.1 In these Terms of Service, “Delivery Goods” means any goods, documents, parcels, food and beverages, postal articles and any goods legally permitted under the Plan(s) and these Terms of Service which you have accepted to deliver based on the agreed Service and shall be represented by one consignment note for each Delivery Goods. 

6.2 You shall place your Order for your Delivery Goods via the Platform, subject to the Plan(s) you have purchased.

6.3 You shall be required to provide TELEPORT with all relevant information as requested on the Platform. You are wholly responsible for the completeness, truth and accuracy of the information provided with respect to your Delivery Goods. TELEPORT shall not be held liable or responsible for any damage, losses, claims, costs or expense suffered by you resulting from your failure, refusal and/or negligence to provide TELEPORT with complete, true and accurate information relating to your Delivery Goods.

6.4 TELEPORT reserves the right to reject or deny any Delivery Goods which do not match the information you have provided on the Platform, or where the information that you have provided in relation to the Delivery Goods are determined by TELEPORT as being inaccurate, incomplete or false. TELEPORT reserves the further right to request for additional information with respect to your Delivery Goods at any material time and in the event you fail, refuse and/or neglect to comply with TELEPORT’s request, TELEPORT shall reject or deny your Delivery Goods. 

7.1 TELEPORT will complete all Order(s) for Next Day before midnight on the day after the Order(s) is made (“Service Level”) PROVIDED (i) the Order(s) is made before 12:00 pm on the day the Order(s) is made; and (ii) the Order(s) is made on a Calendar Day; and (iii) None of the Exclusions to the Service Level (defined below) applies or has occurred. 

For the purposes of this Terms of Service, “Calendar Day” shall mean every calendar day including weekends and public holidays except Hari Raya Aidilfitri (2 days), Chinese New Year (2 days) and Christmas (1 day), based on the official public holidays of Malaysia. Any Order(s) made outside the Calendar Day shall be picked up on the next Calendar Day.

7.2 Operations of Next Day shall be as follows: 

(a) You shall provide TELEPORT with all required information and documents as may be requested by TELEPORT on the Platform. You shall ensure that all information and documents provided to TELEPORT is accurate, free of error and complete.

(b) You shall print out the consignment note that is generated from the Platform and you shall ensure that the Delivery Goods is duly sealed and packed ready for carriage and attached together with the Delivery Goods’ consignment note bearing the required details. 

(c) TELEPORT shall collect the Delivery Goods from you at the designated collection point on the date the Order(s) is made.

(d) During pick-up, TELEPORT shall count the number of Delivery Goods collected and acknowledge the number of Delivery Goods received. You or your authorised personnel shall verify the pick-up of the Delivery Goods accordingly. TELEPORT’s appointed agent or personnel who is authorised to receive the Delivery Goods from you (“Delivery Rider”) shall not wait at the pick-up point for more than fifteen (15) minutes from the arrival time at the said pick-up point and upon lapse of the fifteen (15) minutes, the Delivery Rider shall depart from the pick-up point irrespective of whether your Delivery Goods have been picked-up by the Delivery Rider or otherwise and TELEPORT shall not be held liable or responsible for any loss, damage, cost or expense suffered by you arising therefrom. 

(e) TELEPORT shall digitally record the recipient’s signature, image of item, recipient name or identity card number as proof of acceptance of the Delivery Goods.

(f) Where the Delivery Goods is undelivered for any reasons whatsoever, TELEPORT shall issue a notice to you in your Account and/or TELEPORT shall contact you using the telephone number provided in your Account to collect the Delivery Goods from the nearest TELEPORT operating location  and organise to re-attempt delivery at least 2 times, failing which the Delivery Goods shall be considered as uncollected.

(g) Upon the expiry of the notice and failure of Recipient to accept delivery after a total of three (3) delivery attempts (first attempt, and two (2) re-attempts) , TELEPORT shall return the undelivered Delivery Goods to you (if applicable) or dispose of the Delivery Goods, whichever is deemed appropriate by TELEPORT. Any costs and expenses incurred by TELEPORT in returning the Delivery Goods to you shall be borne by you in full in such manner as may be determined by TELEPORT from time to time. 

8.1 All Delivery Goods to be delivered under Next Day shall comply with the specified weight and/or dimension in that the maximum total dimension per piece is Length + Width + Height of 130 cm with the longest side no longer than 100cm (“Maximum Dimension”). Maximum gross weight per piece is 15kg (“Maximum Gross Weight”). 

8.2 In the event your Order(s) committed a minimum volume or tonnage of Delivery Goods or shipment (“Minimum Weight Commitment”), and you fail to adhere to the Minimum Weight Commitment; you shall be charged seventy-five percent (75%) of the cost of the balance weight that you fail to achieve. E.g.: if the Minimum Weight Commitment is 100kg, and you only provide 50kg of Delivery Goods, you shall be charged 75% of the charges for the balance 50kg.

8.3 The accuracy of weight will be strictly enforced. TELEPORT shall have the sole discretion to reject any Delivery Goods that do not comply with the Maximum Dimension and/or Maximum Weight. In the event if there is any Delivery Goods held or retained by any airport and/or any of airport’s authority due to your failure to comply with the Maximum Weight and/or Maximum Dimension, TELEPORT shall not be responsible or liable for any loss, damage, cost or expenses suffered by you resulting therefrom and TELEPORT shall not be obligated to conform with any Service-Level Agreement.

9.1 TELEPORT shall not be held responsible or liable in any way whatsoever, and shall not be obligated to comply with the Service-Level Agreement in the event you fail, refuse and/or neglect to provide TELEPORT with all  required information and/or documents which shall be accurate, free of error and complete.

9.2 The Driver shall not be obligated to comply with the Service-Level Agreement due to any delay by the authorised personnel that leads to a late delivery of the Delivery Goods.

9.3 TELEPORT shall not accept any of the following restricted items: (a) bulky  items (parcel that exceed the prescribed size and weight as determined by the Service Provider); (b) prohibited items as stated in https://help.teleport.asia/article/list-of-prohibited-items/1131 (c) fragile items, (d) dangerous goods as stated in https://help.teleport.asia/article/dangerous-goods-guidelines/1119 or as defined or updated by the Civil Aviation Authority of Malaysia or any other authority of competent jurisdiction (“Restricted Items”). 

9.4 You further acknowledge that, where there is reasonable belief by TELEPORT that the Delivery Goods may contain Restricted Items, TELEPORT reserves the right to inspect such Delivery Goods in the interest of safety and security without incurring any liabilities and at the cost and expenses to you. You shall also provide a complete packing list for possible misdeclaration and hidden Restricted Items and to be made available during acceptance stage by TELEPORT. In the event where TELEPORT exercises its right to inspect the Delivery Goods for any undeclared, misdeclared, suspected and/or hidden Restricted Items, any and all service level agreement, if any, imposed on TELEPORT on such Delivery Goods shall not be applicable, or be waived and/or exempted without any liabilities or costs to TELEPORT.

9.5 TELEPORT shall have the absolute right to reject the Restricted Items, return it to the pick-up point, and shall not be obligated to comply with any agreed service level agreement in respect of such Restricted Items.

9.6 Any non-compliance or breach by you to any of the Restricted Items requirement herein shall entitle TELEPORT the discretion to impose onto you an embargo or such Additional Fees arising out of or resulting from undeclared or misdeclared Restricted Items or Restricted Items Incident and/or Restricted Items Accident.

9.7 For the purposes of this Terms of Service:

“Additional Fees” shall include any fees, tax, disbursement, freight charges, penalties, fees for air waybill, ‘charges correction advice’ fees, or other miscellaneous and ancillary charges deemed to be payable by you to TELEPORT as stated in the invoice(s) or any other document issued by TELEPORT to you. 

“Restricted Items Incident” refers to an occurrence, other than a Restricted Items Accident, associated with and related to the transport/delivery of Restricted Items, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained. Any occurrence relating to the transport/delivery of Restricted Items which seriously jeopardises the aircraft or its occupants is also deemed to constitute a Restricted Items Incident. 

“Restricted Items Accident” refers to an occurrence associated with and related to the transport/delivery of Restricted Items which results in fatal or serious injury to a person or major property damage. For this purpose, “serious injury” is an injury which is sustained by a person in an accident and which: (a) requires hospitalisation for more than 48 hours, commencing within 7 days from the date the injury was sustained; or (b) results in a fracture of any bones (except simple fractures of fingers, toes or nose); or (c) involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or (d) involves injury to any internal organ; or (e) involves second or third degree burns, or any burns affecting more than 5% of the body surface; or (f) involves verified exposure to infectious substances or injurious radiation. Restricted Items Accident shall also include any damages to aircraft or accident.

9.8 The imposition of any embargo and/or Additional Fees shall be in addition to and without prejudice to such other rights that TELEPORT may have against you under this Terms of Service and/or at law including any penalties imposed by any relevant regulatory bodies on TELEPORT.

10.1 The rates in the Plan(s) are calculated based on Chargeable Weight. ‘Chargeable Weight’ is the gross weight or the volumetric weight, whichever is higher (in kilograms). Charges quoted exclude other components that may be included in the official receipt e.g.: Airway Bill (AWB) fees (USD 7 per AWB), Charge Correction Advice (CCA) fees (USD20), Import Duty/Tax, and Storage Charges.

10.2 In the event that TELEPORT incurs any penalties imposed by customs arising from the delivery of the Delivery Goods, the Customer shall be solely responsible and liable for such penalty imposed and TELEPORT reserves the right to suspend delivery of the affected Delivery Goods or reject the Delivery Goods, at TELEPORT’s sole discretion. TELEPORT shall contact you on the method of payment of the penalties imposed. In the event you fail, refuse and/or neglect to pay such penalty to TELEPORT, TELEPORT reserves the right to reject the Delivery Goods and dispose of such Delivery Goods as TELEPORT deems fit. Notwithstanding the above, in the event any Delivery Goods is confiscated by customs for any reason whatsoever, such confiscated Delivery Goods shall not be returned to you and TELEPORT shall not be liable whatsoever for any loss or damage suffered by you due to such confiscation. For any Restricted Item that has been identified before going for customs clearance, TELEPORT shall contact you for collection of the Delivery Goods containing Restricted Items from any one of TELEPORT’s operating locations and shall not be liable whatsoever for any loss or damage directly or indirectly suffered by you for the return of the Restricted Item. Any and all costs and expenses incurred by TELEPORT with respect of the return of the Restricted Item shall be borne by you in full in such manner as may be determined by TELEPORT from time to time. In the event you fail, refuse and/or neglect to collect your Delivery Goods containing such Restricted Items from any one of TELEPORT’s operating locations within seven (7) days from the date TELEPORT contacts you, TELEPORT reserves the right to dispose of such Delivery Goods as TELEPORT deems fit.

10.3 For the purposes of compliance with the e-Invoicing requirements in Malaysia, the Customer acknowledges and agrees that, unless an express request for the issuance of an e-Invoice is made by the Customer through the designated Customer Portal, the Customer shall be deemed to have elected not to request an e-Invoice. In such circumstances, no e-Invoice shall be issued by the Company.

11.1 Your privacy is very important to us. To better protect your rights, we have provided the TELEPORT’s Privacy Policy to explain our privacy practices in detail. Please review the TELEPORT’s Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services. By using the Services or agreeing to these Terms of Service, you consent to our collection, use, disclosure and/or processing of your Content and personal data as described in the TELEPORT’s Privacy Policy as stated in https://tlprt.co/TNX-Privacy.

11.2 Users in possession of another User’s personal data (the “Receiving Party”) must (a) comply with all applicable personal data protection laws; (b) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (c) allow the Disclosing Party to review what information has been collected about them by the Receiving Party.

12.1 If you are unable to use the Services as a result of improper operation of the Platform due to any of the following reasons, you agree that you will not hold us or our affiliates liable for:

(a) failure to give notice of system suspension or maintenance on our Platform;

(b) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems;

(c) failure in system operations due to force majeure events including, but not limited to, typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; 

(d) failure, unavailability interruption or delays in Platform operations due to hacking, ransomware, cyberattacks, system blackouts, software outage, third party system or software incompatibilities, bugs, corrupted codes, or any other similar events, issues or factors; or

(d) interruption or delays in the Services due to hacking, maintenance, upgrades, banking or regulatory bodies, and any other reasons.

(collectively referred to as “Uncontrollable Events”).

12.2 You agree and acknowledge that you will release and indemnify us against any damages, losses and claims from you or other third party in relation to the foregoing suspension or breakdown of systems.

13.1 In the event that a Transaction is cancelled, refunds for Transactions made via:

(a) your Account or online banking will be credited to your Account; or

(b) credit / debit card will be credited back to the credit / debit card used in the Transaction.

13.2 In the event that the refund amount exceeds your Account limit or a single refund does not exceed your Account limit, but the total value when aggregated with your Account balance exceeds your Account limit, such refund will be withheld by TELEPORT until you transfer enough funds out of your Account using the DuitNow Transfer service such that your Account limit is not exceeded as a result of the refund.

13.3 Your Default Account is a standalone account and must be set-up individually. You can set up the Default Account via the Platform ("Me" > "TELEPORT" > "Setting" > "TELEPORT Bank Accounts"). Refunds to your: (a) credit / debit card may take seven (7) – fourteen (14) Business Days to reach your credit / debit card account; and (b) Account may take fifteen (15) minutes to reach your Account. For the purposes of these Terms of Service, “Business Day” means any calendar day from Monday to Friday, except a public holiday or bank holiday in any state, country or region that TELEPORT operates in.

14.1 TELEPORT may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your Account and/or your usage of the Services (or any part thereof). Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity; (b) in breach of or TELEPORT has reasonable grounds to believe or suspect that you have breached any of the provisions of this Terms of Service; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; (d) if in the opinion of TELEPORT, there is dishonesty, suspected fraud, abuse, not used in good faith, not used as intended, illegality, criminality or misrepresentation in the conduct of your Account or use of the Services; (e) you have engaged in any conduct prejudicial to TELEPORT or if in the opinion of TELEPORT, your acts are prejudicial to TELEPORT’s interest; (f) if you are in breach of any acts, statutes, laws, by-laws and/or regulations imposed by any party, regulatory body or government agency; (g) you have submitted false documents or have declared false information during your application for an Account or the Service; (h) you have acted in bad faith or with malicious intent; (i) if you are from a sanctioned or high-risk country; (j) you are included in our internal watch lists; (k) your name is listed under any regulatory watchlist (including but not limited to listing related to terrorism and terrorism financing under Anti-Money Laundering, Anti-Terrorism Financing And Proceeds Of Unlawful Activities Act 2001 (“AMLATFPUAA”) or suspected acts of bribery or corruption under the Malaysian Anti-Corruption Commission Act 2009 (“MACCA”) or any other applicable anti-bribery laws); (l) you or your Account has been detected for money laundering, terrorism financing, fraudulent, illegal, acts of bribery or corruption, or other suspicious activities; (m) if you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us and/or (n) where you fail to provide any additional information which TELEPORT may request from you from time to time (collectively referred to as “Prohibited Conduct”).

14.2 The provisions of this Clause 14 are without prejudice to TELEPORT’s other rights and remedies under this Terms of Service or at law.

In the event your Account has been suspended and you request for reactivation of the same, TELEPORT may at its absolute discretion reactivate the Account.

In the event your Account is ceased, terminated or suspended by TELEPORT due to fraudulent, illegal or unlawful transactions including but not limited to breaches of any law (including but not limited to the AMLATFPUAA or any regulation and/or guidelines made thereunder), you shall not be entitled to obtain any refund of the monies in the Account and it shall be lawful for TELEPORT to retain for an indefinite period or release to the relevant authorities all monies in the Account in accordance with applicable legislation, regulation and/or guidelines. You shall not be entitled to claim any form of compensation for any loss arising therefrom from TELEPORT.

17.1 All trademarks and other intellectual property rights used in relation to the Services and on this Platform belong to TELEPORT.

17.2 You acknowledge and agree that all trademarks and other intellectual property rights relating to the Platform, the Services or any part thereof, whether presented to you by TELEPORT, advertisers or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws and all TELEPORT’s rights therein are expressly reserved.

18.1 We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account or other prepaid payment service method (“Payment Instrument”), unless expressly stated otherwise. 

18.2 THESE TERMS OF SERVICE DO NOT AMEND OR OTHERWISE MODIFY YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, AND YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF THE PLATFORM COMPLIES WITH ALL SUCH AGREEMENTS. IN ADDITION, YOU ARE RESPONSIBLE FOR ALL CHARGES AND/OR DEBITS TO YOUR PAYMENT INSTRUMENT RESULTING FROM ANY PURCHASES MADE FROM THE ACCOUNT IN ACCORDANCE WITH SUCH AGREEMENTS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND US SOLELY WITH RESPECT TO THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PAYMENT INSTRUMENT AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, OR AVAILABILITY OF ANY INFORMATION YOU ENTER OR OTHERWISE STORE IN THE PLATFORM, INCLUDING, WITHOUT LIMITATION TO, WHETHER SUCH INFORMATION IS CURRENT AND UP TO DATE.

18.3 THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING TO THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, THIS PLATFORM OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS PLATFORM AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

18.4 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PLATFORM AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.

18.5 Any downloading of data from the Platform is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

19.1 IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION TO, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TELEPORT MAKES NO WARRANTY ON THE SOLVENCY OF THE COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORISED INSTITUTION WITH WHICH THE MONEY IS HELD.

19.2 WE MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING THE USE OF THE SERVICES. WE RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SERVICES AT ANY TIME WITHOUT NOTICE AND LIABILITY. WE MAY DECLINE TO PROCESS ANY TRANSACTION, PARTICULARLY IF (A) TRANSACTION DOES NOT SATISFY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE OR OTHER APPLICABLE TERMS, RULES AND POLICIES; OR (B) IF WE HAVE REASON TO BELIEVE THAT THE TRANSACTION MAY VIOLATE ANY LAWS, RULES OR REGULATIONS THAT MAY OTHERWISE SUBJECT US OR OUR AFFILIATES TO LIABILITY.

19.3 YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

19.4 NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY HEREIN, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO RM300.00 (RINGGIT MALAYSIA THREE HUNDRED) OR SGD100.00 (ONE HUNDRED SINGAPORE DOLLARS) OR THB2,000.00 (THAI BAHT TWO THOUSAND) OR IDR750,000.00 (INDONESIAN RUPIAH SEVEN HUNDRED FIFTY THOUSAND) OR  PHP4,800.00 (PHILIPPINE PESO FOUR THOUSAND EIGHT HUNDRED). FOR THE AVOIDANCE OF DOUBT, THE CURRENCY OF SUCH CLAIM SHALL BE DETERMINED BASED ON THE ORIGIN POINT OF THE DELIVERY GOODS. 

19.5 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

The links provided throughout the Platform will let you leave this Platform. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of the content therein.

21.1 The licence for use of this Platform and the Services is effective until terminated. This licence will terminate as set forth within these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In such event, no notice shall be required by us to effect such termination.

21.2 You agree not to:

(a) breach our Terms of Service, Privacy Policy, in-house rules and regulations, including regulations for promotional events, and/or violate any applicable laws and regulations;

(b) provide false, inaccurate or misleading information;

(c) use your Account, the Platform and/or the Services in a manner that may result in disputes, claims or other liabilities to us, other Users, third parties, or may be regarded as an abuse of our system;

(d) use the Platform and/or the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(e) use the Platform and/or the Services in any manner not permitted by the licences granted herein;

(f) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide us

(g) attempt to decompile, reverse engineer, disassemble or hack the Platform and/or the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;

(h) harvest or collect any information about or regarding other Account holders, including, without limitation to, any personal data or information;

(i) use the Platform and/or the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation, including, without limitation to, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism financing; or

(j) use the Platform and/or the Services for other illegal activities in your jurisdiction.

21.3 If we, in our sole discretion, believe that you may have engaged in the above restricted activities or for whatever reason, we may take various actions, including, but not limited to, the following:

(a) we may terminate, suspend, or restrict your access to and use of your Account, the Platform and/or Services;

(b) we may refuse to provide Services to you;

(c) we may place a hold on your Account for up to one hundred and eighty (180) days if reasonably required to protect against the risk of liability or if you have violated our Terms of Service, Privacy Policy and/or any applicable laws and regulations in your jurisdiction;

(d) we may take legal action against you; and/or

(e) we may take any other appropriate measures or actions in the given circumstances.

21.4 You understand that all information and documents (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not us, is entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available through the Platform. We do not control the Content posted on the Platform and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Platform, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, e-mailed, transmitted or otherwise made available on the Platform.

21.5 You acknowledge that we may or may not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Platform. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms of Service, if we receive a complaint from another User, if we receive a notice of intellectual property infringement or other legal instruction for removal, or if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation to, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the clauses of these Terms of Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation to, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including, without limitation to, information in all parts of the Platform.

21.6 You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory body having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or 21.6 You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory body having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TELEPORT, our Users and/or the public.

You represent and warrant to us that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with our terms;

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;

(c) you will only use the Services on a device on which such use is authorised by the device's owner;

(d) you will use the Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-financing of terrorism;

(e) you are solely responsible for maintaining the confidentiality of the password or security codes provided to you and you may not claim against us for any loss or damages resulting from unauthorised use of your password or your failure to do so;

(f) all information given to the Account or in relation with the registration of the Account is correct, complete, accurate and up to date; and

(g) you will be solely responsible for payment of any taxes, duties, or other governmental levies, charges or fees, that may be imposed on the Services.

You agree to indemnify, defend and hold harmless the TELEPORT, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation to, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of your Account, the Platform and.or Services by or on behalf of us; (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein; (c) your use or misuse of the Account, Platform and/or Services; or (e) your breach of any law or the rights of a third party.

If any clause of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that clause shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining clauses of these Terms of Service in such jurisdiction nor the validity and enforceability of the clause in question under the law of any other jurisdiction.

The formation, construction, validity, and performance of this  Terms of Service shall be governed in accordance with the laws of the land where TELEPORT is located.   Any dispute, controversy, claim or difference of any kind whatsoever arising between us and you under these Terms of Service shall be referred to and finally resolved by arbitration administered by the Asian International Arbitration Centre (“AIAC”) in accordance with the Arbitration Rules of the AIAC for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1) arbitrator who shall be appointed by mutual agreement between you and TELEPORT (“Arbitrator”). If you and TELEPORT are unable to agree on an arbitrator, the Arbitrator shall be appointed by the Director of the AIAC in accordance with the Rules. Any arbitration award shall be made in writing and shall be final and binding on you and TELEPORT. The place and seat of the arbitration shall be Kuala Lumpur, Malaysia. The language to be used in the arbitration proceedings shall be the English language and the fees of the Arbitrator shall be borne equally by you and TELEPORT, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable laws. You and TELEPORT agree that Part III of the Arbitration Act 2005 shall not apply to these Terms of Service or the arbitration proceedings arising out of these Terms of Service. These Terms of Service and the rights and obligations of you and TELEPORT under these Terms of Service shall remain in full force and effect pending the award in any arbitration proceeding hereunder, save for the part in dispute and is to be determined in the arbitration proceeding.

26.1 We reserve all rights not expressly granted herein.

26.2 We may modify these Terms of Service at any time by posting the revised Terms of Service on this Platform. Your continued use of this Platform after such changes have been posted shall constitute your acceptance of such revised Terms of Service.

26.3 You may not assign, sub-licence or transfer any rights granted to you hereunder or subcontract any of your obligations.

26.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and us, nor does it authorise you to incur any costs or liabilities on our behalf.

26.5 Our failure at any time or times to require performance of any clauses hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.

26.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of TELEPORT's and our affiliates' and subsidiaries' respective successors and assigns).

26.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding between you and TELEPORT with respect to the Services and the Platform and supersede any previous agreement or understanding between you and TELEPORT in relation to such subject matter. You hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, you hereby declare that you have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. You irrevocably and unconditionally waive all claims, rights and remedies which but for this Clause 26 you might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

26.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption, including, without limitation to, the Malaysia Anti-Corruption Commission Act, UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

26.9 If you have any questions or concerns about these Terms of Service or any issues in respect of these Terms of Service or on the Platform, please contact us through the various methods available.

26.10 Any translation of these Terms of Service and any other policies referenced herein are provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. These terms and conditions are available in English and any other language as may be determined by TELEPORT from time to time. In the event of any difference, conflict or discrepancy between the versions, the English version of this Terms of Service shall prevail and take precedence over the other versions of this Terms of Service.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE TERMS CONTAINED ABOVE AND ANY REVISION TO THE SAME HEREAFTER. BY CLICKING THE “REGISTER NOW” BUTTON OR ANY SIMILAR ACTION BELOW, YOU UNDERSTAND THAT YOU ARE CREATING A DIGITAL SIGNATURE, WHICH YOU INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD SIGNED YOUR NAME MANUALLY, AND YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO BE BOUND BY THESE TERMS OF SERVICE.