These terms and conditions apply to your use of the EziLori mobile application and other related online and offline platform ("EziLori"), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of EziLori.
EziLori is operated and provided by EziLori Sdn Bhd, (collectively, "we", "us", "our" and the"Company").
(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise:
”Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App
”Participating Carriers” means the drivers or vehicle operators whose transport and logistics services are offered and may be requested through the use of EziLori;
”Services” means any and all services provided by us to you by means of your use of EziLori, which include the services described in clause 3(a);
”MYR” means Malaysia Ringgit, the lawful currency of Malaysia;
”App” means the “EziLori” mobile application supplied by us and downloaded and installed by you on your mobile device through which you may obtain the Services; and
”Terms” means these terms and conditions, which may be amended and supplemented by us from time to time in accordance with clause 10.
(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(a) Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable licence to download and install one copy of the App on your mobile device and to run such copy of the App solely for your own personal use.
(b) Your use of EziLori grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
(c) You must not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the App in any way; (ii) modify or make derivative works based upon the Services or App; (iii) create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device; (iv) reverse engineer or access the App in order to (1) design or build a competitive product or service, (2) design or build a product using similar ideas, features, functions or graphics of the Services or App, or (3) copy any ideas, features, functions or graphics of the Services or App, or (v) launch an 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, or unduly burdens or hinders the operation and/or performance of the Services or App.
(a) We offer a technology platform to provide information and a means for you to obtain transport and logistics services from Participating Carriers through the use of EziLori. EziLori allows you to send a request for transport and logistics services (together with details of you and your journey) to Participating Carriers and each relevant Participating Carrier has the sole discretion to accept or reject each such request. If a Participating Carrier accepts a request, EziLori will notify you and provide information about the Participating Carrier such as the vehicle licence number, contact number and driver rating (if any).
(b) You acknowledge and agree that we only act as an intermediary between you and the Participating Carriers and we are not your agent or the agent of the Participating Carriers. We are not a transportation carrier and do not provide transportation services. We are not responsible for the behaviour, negligence, conduct, actions or inactions on the part of the Participating Carriers that you may use (through EziLori or otherwise). Any contract for the provision of transport and logistics services is between you and the Participating Carriers and not us. We shall never be a party to any agreement (to be) entered into between you and any Participating Carriers. If you have any complaint in relation to the transport and logistics service provided then that dispute must be taken up with the Participating Carrier directly.
(c) You must keep secure and confidential and not disclose to any third party any username or password that we may provide to you in relation to access to EziLori and the Services.
(d) We shall assume that any person using your mobile device, your username and password is you or a person authorized by you.
(a) and warrant that all information and details provided by you to us (including through the App) are true, accurate, complete and up-to-date in all respects and at all times;
(b) you will not use EziLori or the Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders EziLori or the Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
(c) to comply with all applicable laws while using EziLori or the Services;
(d) you will not use the EziLori or the Services to cause nuisance, annoyance or inconvenience;
(e) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
(f) to provide us with whatever proof of identity we may reasonably request;
(g) to treat Participating Carriers introduced to you through EziLori with respect and not to cause damage to their vehicles or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using their vehicles or the Services; and
(h) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
We reserve the right to suspend, restrict or terminate your access to EziLori and the Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse EziLori or the Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
It is free to generally use the App. For details about the cost of the transport and logistics services provided by the Participating Carriers, please refer to the latest pricing guidelines posted on www.ezilori.com.my and/or the App, which may be amended and updated at our sole discretion from time to time without prior notice. You agree to make payment in full directly to any Participating Carrier introduced to you through EziLori for any services provided by such Participating Carrier to you.
We may from time to time offer promotions on EziLori. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
EziLori may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.
By accepting these Terms and using EziLori or the Services, you agree that you shall defend, indemnify and hold us, our affiliates, our licensors, and each of our and their respective officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including Participating Carriers arranged via EziLori, or (c) your use or misuse of EziLori or the Services.
(a) The App is provided to you on an “as is” basis. We do not guarantee that the App is compatible with your mobile device or that (the contents of) the App and our website are free of errors, defects, malware and viruses or that the App and our website are correct, up to date and accurate.
(b) We do not warrant and accept no liability in connection with the availability of the Services, the availability of transport and logistics services from the Participating Carriers through the use of the Services, the accuracy of the information or data provided as part of the Services or the quality, suitability and timeliness of the services of the Participating Carriers.
(c) Any quoted pick-up or journey times are best estimates only and we shall have no liability if a pick-up or journey time exceeds any estimate given or otherwise exceeds your expectations for whatever reason nor shall we have any other liability to you in connection with the time at which you and/or the goods to be transported by the Participating Carriers reach or fail to reach the destination.
(d) Vehicles of Participating Carriers registered with EziLori may be installed with GPS tracking device and/or other location tracking software or technology. Such vehicles are tracked using GPS or other location tracking technology to facilitate and improve route planning only. You acknowledge and accept that the location tracking feature is not error-free and the information provided by it may not be accurate. Your use of the location tracking feature is solely at your own risk and we accept no responsibility or liability in connection with any such use of and/or reliance on such location tracking information by you.
(e) It shall be your sole responsibility to ensure that valuable, unusual or any other items are covered by appropriate insurance. In case of lost items inside the vehicles of Participating Carriers during the journey, we will use reasonable endeavours to liaise with the relevant Participating Carrier to locate such items but in no event shall we be responsible or liable for the loss of, or damage to, any such items.
(f) The use of EziLori and the Services is at your sole risk. To the fullest extent permitted by applicable law, we shall not be liable for any damages resulting from or in connection with the use or inability to use EziLori or the Services (including any consequential, indirect, incidental damages or any loss of profit or damages to your mobile device).
We may, at our sole discretion, from time to time amend or otherwise modify or replace any of these Terms, or change, suspend or discontinue EziLori or the Services (including but not limited to the availability of any feature or content) by sending you notice through EziLori or by posting a notice on our website at www.ezilori.com.my , which shall be effective and binding on you upon notice or posting. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
(a)You may not assign or transfer any of your rights or obligations under these Terms to any person without our prior written approval. We may assign and transfer any of our rights and obligations under these Terms to any person.
(b)We may give notice by means of a general notice on EziLori, or by electronic mail to your email address on record in our account information, or by written communication sent by regular mail to your address on record in our account information.
(c)If any provision under these Terms is rendered void, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected by it and shall continue to apply.
(d)The original text of these Terms is in English. In the event of any inconsistency between the English text and any foreign language translation, the English text shall prevail.
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and us agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these Terms.
We may collect and process the following data about you:
• your name, your phone number and your location data
• details about the device you use to access EziLori, which may include your IP address or other unique device identifiers;
• cookies information as set out in section 7 below;
• any other information provided by you pursuant to your use of EziLori; and
• if you contact us, we may keep a record of that correspondence.
If you are a driver user of EziLori, we may also collect and process the following data about you:
• your contact details, other registration or profile information and reporting information about your use of EziLori;
• details required in order to collect and pay to you any fees as relevant;
• ratings information (where other EziLori users are able to rate you as a EziLori driver; and
• driver performance, operational and financial details.
The purposes for our collection of information and data about you on EziLori include the following:
• to verify your identity;
• to provide the EziLori services to you including processing any bookings and payments;
• to notify you about changes to EziLori or respond to any communication nor request from you;
• to monitor the use of EziLori;
• to investigate any complaints or potential breaches of the service;
• to provide you with marketing and promotional materials for your enjoyment of benefits as users of EziLori;
• to identify those of you who have enjoyed benefits as users of EziLori by receiving and using marketing and promotional materials;
• to design and provide products and services to you in relation to the above purposes;
• to compile aggregate statistics about you and to analyze EziLori and service usage;
• matching (as defined in the Ordinance) your personal data with other data collected for other purposes and from other sources including third parties in relation to the provision of goods and services to you; and
• to facilitate our use of your personal data for purposes relating to the provision of services offered by us and the marketing services, special events and/or promotions of us and/or our clients.
We generally only permit our duly authorized staff to access your personal information and data, and we will not release such personal information and data to any third parties save and except for the following circumstances:
• where the information and/or data is disclosed and/or transferred to any third party suppliers or external service Carriers who have been duly authorized by us to use such information and/or data and who will facilitate the services on EziLori, under a duty of confidentiality;
• where the information and/or data is disclosed and/or transferred to our agents, affiliates or associates who have been duly authorized by us to use such information and/or data;
• where the information and/or data is disclosed and/or transferred to any other party in connection with a sale or proposed sale of all or part of our business or portfolio of products or other assets;
• to credit reference agencies, debt collection agencies, fraud detection and/or prevention agencies;
• to any relevant public authority or law enforcement agency, including for example where we suspect you have committed a criminal offence or we suspect fraud where required by applicable law, regulation or legal proceedings;
• in order to enforce or apply the terms and conditions of EziLori or any other agreement to which you and we are a party, as applicable; and
• where we deem necessary in order to maintain and improve the EziLori services.
You should take care when using any EziLori social networking features since the information you choose to make available can be seen by other users in the selected group. We do not monitor the use of such features in the normal course of business although we reserve the right to do so at our discretion.
At times, it may be necessary and/or prudent for us to transfer certain personal information and/or data to our companies or service Carriers outside of Malaysia or such other countries and jurisdictions where EziLori operates. This may happen if our servers or suppliers and service Carriers are based overseas or if you use EziLori’s services and products while in such overseas countries and jurisdictions. We will take steps to ensure that your personal information and/or data is used by such overseas third parties in accordance with this policy and that such overseas third parties observe strict confidentiality and data protection obligations.
We and our affiliates may send you marketing messages to your telephone number if you have given us consent, or if you have not registered with any applicable do-not-call registry (or its equivalent) or the sending of such messages is permissible under applicable laws and regulations.
We and our affiliates may from time to time send to you newsletters, promotional materials and marketing materials based on the personal information and data that you have provided to us. We may use your information and data in direct marketing and we require your consent (or an indication of no objection) for that purpose.
The following classes of services, products and subjects may be marketed:
• transport, logistics and automotive related products and services;
• special events hosted by us and/or our affiliates for you and EziLori members, including but not limited to competitions and social gatherings;
• reward, loyalty or privileges programmes and related products and services;
• special offers including coupons, discounts, purchase offers and promotional campaigns;
• products and services offered by our affiliates and advertisers (the names of such affiliates and advertisers can be found in the relevant advertisements and/or promotional or marketing materials for the relevant products and services, as the case may be); and
• donations and contributions for charitable and/or non-profit making purposes.
The above products, services and subjects may be provided or solicited by us and/or our affiliates, third party service Carriers providing the above products, services and subjects and charitable or non-profit making organizations (“Outside Parties”). We may provide your personal information and/or data to Outside Parties for use by them in marketing the above products, services and subjects and we require your written consent (or indication of no objection) for that purpose.
You may opt out from receiving such marketing communications at any time by sending an email to us at email@example.com. Any such request should also clearly state the details of personal data in respect of which the request is being made.
Please note that after opting out, you may still receive non-marketing messages, such as product updates and service notices as permitted under applicable local laws and regulations.
You are able to:
• check whether we hold personal data about you and to receive copies of such data;
• require us to correct any personal data relating to you which is inaccurate; and
• ascertain our policies and practices in relation to personal data and to be informed of the kind of personal data held by us.
We will have the right to charge a reasonable fee for processing a data access request.
Requests for access to personal data, correction of personal data, information relating to the kind of data held and to stop receiving direct marketing, may be made by sending an email to us at firstname.lastname@example.org Any such request should also clearly state the details of personal data in respect of which the request is being made.
We have adequate measures to protect your personal information from unauthorized access, accidental loss or destruction. Where we have given you (or you have chosen) a password which enables you to access certain parts of the EziLori service, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. While we will do our best to protect your information and data, we cannot guarantee the security of data transmitted to the EziLori service; any transmission is at your own risk. Once we have received your information and data, we will use strict procedures and security features to try to prevent unauthorised access.
We do use certain cookies and other similar technologies as part of our EziLori services. The cookies used are for the purpose of enabling you to use the service (for example to enable you to complete a registration or access information) and for us to understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service Carriers to assist us in better understanding our site visitors. These service Carriers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to disable cookies (through your browser or device settings) although you should be aware that this may prevent you from being able to use all parts of EziLori.
Once we have obtained your personal information and/or data, it will be maintained securely in our system. Subject to legal requirements, your personal information and/or data will be retained by us after deactivation of the relevant service until you request us in writing to erase your personal information and/or data from our database. We will retain your information for only as long as there is a business or legal need.
Occasionally, at our discretion, we may include or offer third party products or services on EziLori. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of EziLori and welcome any feedback about these sites.