KTE SMART TECHNOLOGIES (“JobXService”), primarily operates, controls and manages the Services (as defined below) provided by it from its office.
Terms & Conditions
1.4. JOBXSERVICE IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. JOBXSERVICE’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. JOBXSERVICE IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF JOBXSERVICE AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY JOBXSERVICE.
2.1. “Application” means the relevant mobile application(s) made available for download by
JobXService (or its licensors) to Users and Third Party Providers respectively;
2.2. “JobXService” means:
2.2.1. KTE SMART TECHNOLOGIES in relation JobXService and Vendor JobXService; 2.2.2. In relation to JobXService for Business, the entity stated at the JobXService for Business account sign-up page in relation to; and/or
2.2.3. The relevant subsidiary, affiliate, associated company of KTE SMART TECHNOLOGIES.
2.3. “JobXService Policies” means the following:
2.3.2. The Vendor JobXService may be applicable; and
2.3.3. All other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;
2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
2.5. “Platform” means the relevant JobXService technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
at: https://www.jobxservice.com/privacy as amended from time to time;
2.7. “Service” means the linking of Users to Third Party Providers through the Application, Platform and/or Software;
2.8. “Software” means any software associated with the Application, which is supplied, made available for download and installation by JobXService;
2.9. “Solutions” means the following transportation and/or logistics services, which are made available to Users through the Service (each a “Solution”):
2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants;
2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2. All the information, which you provide, shall be true and accurate;
3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;
3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;
3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals that we may reasonably request or require;
3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards JobXService or any third party;
3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
3.1.13. You will not copy, or distribute the Software or other content without written permission from JobXService;
3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that JobXService may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, JobXService has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.15. You will only use an access point or data account which you are authorized to use;
3.1.16. You agree that the Service is provided on a reasonable effort basis;
3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:
3.2.1. If applicable, you possess a valid SSM registration company and have valid Identification;
3.2.2. If applicable, you will use the appropriate safety equipment, as required by applicable laws (e.g. safety boot);
3.2.3. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the service provided by you; 3.2.4. You shall obey all local laws related to the operation and will be solely responsible for any violations of such local laws;
3.2.5. You shall not contact Users for purposes other than in connection with the Service;
3.2.6. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of JobXService, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application
3.2.7. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
3.2.8. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;
3.2.9. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of JobXService’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and JobXService reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and
3.3. If you are a User, you further represent, warrant / undertake that:
3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;
3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, and inconvenience or make fake bookings;
3.3.3. All cancellations made within 5 minutes of getting a contractor/vendor are free. You will only be charged a cancellation fee of RM 5.00 in the following two situations:
Note: For each booking, you may be charged only one cancellation fee. Either RM 5.00 for a late cancellation OR RM 5.00 for not showing in your location point.
3.3.4. You shall not contact the Third Party Provider for purposes other than the Service;
3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third
Party Provider or the Vehicle;
3.3.6. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
3.3.7. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
3.3.8. You acknowledge and agree that only one (1) account can be registered on one device; 3.3.9. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
3.3.10. You agree that JobXService may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.
5.1. JobXService and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. JobXService and its licensors reserve all rights not expressly granted to you.
5.2. You shall not:
5.2.1. License, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; 5.2.2. Modify or make derivative works based on the Application and/or the Software;
5.2.3. “Mirror” the Application / Software on any other server or wireless or internet-based device;
5.2.4. Except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;
5.2.5. Use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
5.2.6.post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights
5.2.7.remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
5.2.8.use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
6.1 Payment Terms for Third Party Providers (Contractor/Vendor)
6.1.1 Any fees, which JobXService may charge you for the Service, are due immediately and are non-refundable (“Service Fee“). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by JobXService from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT JOBXSERVICE MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
6.1.3 JobXService retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold JobXService liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
6.1.7 You may add funds (“Credits”) to your Vendor’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Vendor’s Cash Balance at any time is RM20, 000.00. Balance may be added in any manner prescribed by JobXService from time to time (such as cash reload and credit/debit card payments or transfer from your Vendor Cash Balance).
6.1.8 Funds in the Vendor’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. JobXService may receive interest on amounts that JobXService holds on your behalf. You agree to assign your rights to JobXService for any interest derived from your Credits.
6.2 Payment Terms for Users:
6.2.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
6.2.2 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
7.1 For Third Party Providers:
7.1.1 The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of JobXService.
7.1.2 While you may cancel a booking; the cancellation shall be based on acceptable cancellation reasons as shown in the Application. JobXService reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
7.2 For Users:
7.2.1 If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as JobXService may notify from time to time via the Cancellation Policy on JobXService’s website.
7.2.2 If you feel you were incorrectly charged a Cancellation Fee, you may contact JobXService via the Help Centre on JobXService’s website for assistance. JobXService deems JobXService reserves its absolute discretion to any refunds to you and such refunds may be credited to the JobXService wallet or such other method as reasonable such as cash payments.
8.1 If you are a User using the Application, you will automatically be a member of the loyalty programme named “JobXServiceRewards Loyalty Programme” operated by JobXService and/or its affiliate companies.
9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.
9.2. Every rating will be automatically logged onto JobXService’s system and JobXService may analyze all ratings received. JobXService may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
11.1. Where applicable, vendor shall be responsible for the cost of repairing any damage to or necessary cleaning of user premise as a result of your misuse of the Service or breach of the Terms of service.
13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend JobXService to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
14.1. You shall maintain in confidence all information and data relating to JobXService, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of JobXService (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from JobXService, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without JobXService’s prior written consent, disclose such information to any third party nor use it for any other purpose.
14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
14.2.1. Was at the time of receipt already in your possession;
14.2.2. Is, or becomes in the future, public knowledge through no fault or omission on your part;
14.2.3. Was received from a third party having the right to disclose it; or
14.2.4. Is required to be disclosed by law.
15.3. You acknowledge that JobXService may disclose Personal Data of other individuals to you in the course of your use of JobXService’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by JobXService, and not for any other unauthorized purposes.
16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
18.2. JobXService makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to JobXService in respect of the same.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. JOBXSERVICE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST JOBXSERVICE BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. JOBXSERVICE AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
20.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
20.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
20.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR
20.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,
EVEN IF JOBXSERVICE AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2. JOBXSERVICE DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE JOBXSERVICE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.
20.3. JOBXSERVICE WILL NOT IS A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING MERCHANTS, AND ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A
CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH JOBXSERVICE, JOBXSERVICE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE JOBXSERVICE FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
21.1. JobXService may give notice through the Application, electronic mail to your email address in the records of JobXService, or by written communication sent by registered mail or pre-paid post to your address in the record of JobXService. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or prepaid post) or 1 hour after sending (if sent by email). You may give notice to JobXService (such notice shall be deemed given when received by JobXService) by letter sent by courier or registered mail to JobXService using the contact details as provided in the Application.
Any purported assignment by you in violation of this section shall be void.
27.1. This Agreement comprises the entire agreement between you and JobXService and supersedes any prior or contemporaneous negotiations or discussions.
28.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
This agreement does not give rights to any third parties who are not party to this Agreement.