These terms and conditions (“T&C”) shall apply when you register and create an account with Pos Malaysia Berhad (“Pos Malaysia”) for the use of the services under the Pos Laju Send Parcel Prepaid Module services (“Service(s)”) offered by Pos Malaysia (“Account”).
The use of the Service(s) is also subject to the General Terms & Conditions (“GTC”) accessible at https://www.pos.com.my/legal/terms-and-conditions-general and the Specific Terms and Conditions ("STC”) of each of the Services accessible at https://www.pos.com.my/legal/terms-and-conditions-sendparcel. In order of precedence for the resolution of conflicts, these T&Cs take precedence, followed by the STC and then the GTC.
By opening and registering an Account with Pos Malaysia, you represent and warrant that you are at least 18 years old and agree to be bound by these T&C, the STC and GTC.
By using and/or continuing to use the Account and the Services, you agree and acknowledge to comply with and be bound by these T&C, the STC and GTC. We may from time to time update or revise the T&C, STC and GTC without prior notice to you and any updates will be made available to you at our website at www.pos.com.my or when you log in into your Account. The updated T&C, STC and GTC take effect from date of publication on www.pos.com.my.

1.  INTERPRETATION

1.1 Account means the user account that is required for access and use of the Services.

1.2 Article(s) means a letter, a package, a parcel, a wrapper or a container that can be lawfully collected, transmitted and delivered through the network of Pos Malaysia.

1.3 SendParcel Credits means credits purchased by you and credited to your Account for use in the purchase or use of the Services.

1.4 Service(s) means the services offered by Pos Malaysia in the Pos Laju SendParcel Prepaid Module.

1.5 Working Days means a day on which Pos Malaysia is open for business at its respective locations in Malaysia.

2. OPENING OF ACCOUNT

2.1 When you register for the Account, you shall be entitled to purchase our Services involving prepaid domestic Pos Laju services, international express mail services and air parcel and any other product or services which may be offered by Pos Malaysia from time to time.

2.2 Each individual shall only have one (1) account.

2.3 You will be responsible for all transactions conducted using your Account. Your Account shall only be for your own use of the Services, and you shall not use your Account for any resale and/or reuse of the Services, whether in whole or in part, to any third party, for any reason whatsoever. If we discover or have reason to believe that your Account is being used to resell the Services to any third party, we shall be entitled to terminate or suspend your Account without any prior notice. No refund will be made for any unused SendParcel Credits in your Account.

2.4 Your Account shall not be transferable or assignable to any third party. If we discover or have reason to believe that your Account has been transferred or assigned to another party, we shall be entitled to terminate your Account without any prior notice. No refund shall be made for any unused SendParcel Credits in your Account.

2.5 We reserve the rights, at any time, in our sole and absolute discretion, to terminate your Account or suspend your Account for any period of time if we discover or have reason to believe that your Account has been used or is being used for any (i) unlawful, illegal, or fraudulent activities; or (ii) breach of these T&Cs and/or the STC and/or GTC. We shall not be liable to you or to any third party for any suspension or termination of your Account for any reason, and no refund shall be made for any unused SendParcel Credits in your Account.

2.6 You agree that you shall be responsible to immediately notify us upon any discovery of any unlawful, illegal, fraudulent, or unauthorised use of your Account, by submitting a report using the ‘Feedback’ tab located in your Account or Call 1-300-300-300 (Customer Service Hotline) or use the Chatbot AskPos (Let’s Chat!) : https://www.pos.com.my/contact-us/#AskPos. Failure to notify us by 3 Working Days shall be a breach of these T&Cs, the STC and GTC and if we discover or have reason to believe that your Account has been used for any unlawful, illegal, fraudulent, or unauthorised purposes, we shall be entitled to terminate or suspend your Account, and you shall be not be entitled to registered for a new account. No refund shall be made of any unused SendParcel Credits in your account

2.7 E-Kyc Verification Process

2.7.1  Full access to the Account and/or the Services shall be subject to you completing our e-KYC (e-Know-Your-Customer) verification process which is compulsory for the purpose of providing us with accurate, valid and complete details of your personal information. From the e-KYC process, you will provide us the following or such other information as requested by us including without limitation:
(a) Full name (as per NRIC or passport);
(b) NRIC number or passport number or MyTentera number;
(c) Gender;
(d) Residential and mailing address;
(e) Date of birth;
(f) Nationality;
(g) Facial image

2.7.2  By you providing the information set out above, it does not automatically give you access to use the Account and/or the Services.

2.7.4  Once your Account has been verified, you shall have full access to use the Account and/or the Services.

2.7.5  If we require additional information for us to complete the e-KYC verification checks, we shall request for any additional information and/or documentation to verify your identity to active the Account.

2.7.6  You shall not use any false, inaccurate or misleading information when registering for the Account. If we discover or have reason to believe that any information provided by you in registering for your Account is false, inaccurate, or misleading, we shall be entitled to terminate or suspend your Account without any prior notice to you and no refund will be made of any unused SendParcel Credits in your account.

2.8  Account Validity

2.8.1  Your Account shall be valid from the date of registration until the date of deactivation or termination or if you are found to have been in breach of our T&Cs and/or STC and/or GTC in using the Services.

2.8.2  Notwithstanding the foregoing, if your Account has remained inactive for a continuous period of 12 months, your Account shall automatically be deactivated, and you agree that no refund will be made of any unused SendParcel Credits in your account.

3.  SERVICES

3.1 After completion of the e-KYC verification process, you shall have full access to the Services, including the entitlement to purchase the Services in the form of prepaid services made available by us.
 
3.2 Any Services purchased cannot be refunded, or exchanged, or redeemed for cash, for any reason whatsoever. Upon the purchase of any prepaid Services made available by us, the prepaid amounts belong to Pos Malaysia, and shall be deducted based on the applicable rate on the date of purchase.
 
3.3 Each Service purchased shall be subject to a validity period, which period shall be stated for each Service available for purchase. Upon expiry of the validity period, you shall still be able to utilise the purchased Service for a further period of twelve (12) months (“Grace Period”), but any usage of the Service during the Grace Period will be charged at our then current published rate effective on the date use.

3.4 Upon expiry of the Grace Period, any Service purchased may no longer be used and no refund will be of the SendParcel Credits utilised to make the purchase of the Service.

3.5 We shall be entitled to revise or change the prices and/or structure for our Services, at any time, without any prior notice. We reserve the right, at any time, without prior notice, to modify, revise, or discontinue any of the Services available for purchase.

4.  REQUIREMENTS FOR USE OF SERVICES

4.1 Weight Composition
4.1.1  All Article(s) posted using the Services must comply and correspond with our volumetric weight measurements as stipulated in www.pos.com.my. 
4.1.2  We reserve the right to refuse to provide the Services if your Article(s) does not comply and correspond with the above.

4.2 Right to Refusal
To the extent permitted under the law, we reserve the right to refuse to provide the Services to you or to refuse to accept your Article(s) of any particular class, character or nature whatsoever from you at our sole and absolute discretion without any notice or without any obligation to justify such refusal.

4.3 Original/Important/Official Documents

4.3.1  Use of the Services for any items in its original form, official and/or important documents, including but not limited to any national registration identity cards or MyKad, passport(s), birth/marriage certificates, account/cheque book(s), road tax, academic certificate(s), tender documents, and/or any other document shall be at your own risk.

4.3.2  Pos Malaysia, including its directors, officers, employees, servants, agents, contractors, affiliates and/or related companies shall not be liable for any loss, damage, or destruction of any Article(s) posted using the Services.

4.4 Fragile Article(s)

4.4.1  Use of the Services for any fragile Article(s) or Article(s) which are easily damaged or destroyed is not recommended and you shall be solely responsible in ensuring that your fragile Article(s) are properly and securely packed, labelled against weather and handling (whether by person or machine) and further insured against loss and damage at the appropriate amounts.

4.4.2  We shall exercise our best endeavours to ensure that your Article(s) which have been clearly and prominently marked and labelled as fragile are delivered safely and securely. However, we shall not be liable for any loss, damage, or destruction of any fragile Article(s) posted using the Services.

4.5 Liquid or Non-Solid Article(s)

4.5.1  Use of the Services for liquid or non-solid article (of any kind including but not limited to water, alcohol, gels, creams, aftershaves and perfumes) are strictly prohibited.

4.5.2  You expressly understand and agree that we shall be excluded from any liabilities arising from any claims against loss or destruction or damage to your liquid or non-solid Article(s) and you shall indemnify and keep us indemnified in the event that your said liquid or non-solid Article(s) causes damage to any other Article(s) within its proximity or to our personnel.

4.6 Dangerous Goods and/or Prohibited Items

4.6.1  Use of the Services for any Article(s) that can be classified as dangerous goods and/or prohibited items under any relevant written laws, rules, regulations or guidelines by the relevant authorities in Malaysia or transit or destination countries are prohibited from carriage by post is strictly prohibited unless the alws allow such Article(s) to be posted and accompanied with proper and valid documentation and safely packed in accordance the prescribed guidelines at our website at www.pos.com.my.

4.6.2  “Dangerous Goods” shall be as defined by International Air Transport Association (“IATA”), the International Air Transport Association Dangerous Goods Regulations (DGR) and International Civil Aviation Organization (ICAO) and Civil Aviation Act 1969 (which includes any amendments, updates or supplements that may be issued from time to time) and “Prohibited Items” shall mean any goods and/or Article(s) that are prohibited by the laws, regulations and/or authority of the country of origin and/or country of destination. For a more detailed description of “Dangerous Goods” and “Prohibited Items”, please visit our website at www.pos.com.my.

4.6.3  Notwithstanding the foregoing, the classes of goods or Article(s) which are categorised as Dangerous Goods and Prohibited Items may be changed, amended or updated from time to time and we reserve the right to amend or change or modify or add or remove the classes of goods or Article(s) which are categorized as Dangerous Goods or Prohibited Items at any time and from time to time without prior notice to you. You are advised to visit www.pos.com.my to determine whether the Article(s) falls within the category of Dangerous Goods or Prohibited Items.

4.6.4  We reserve the right to refuse, reject or terminate the Services at any time and at our sole and absolute discretion if we deem or consider or have reasonable belief that your Article(s) or any part thereof contains any of the Dangerous Goods or Prohibited Items. In such event, we will not be responsible for any loss or partial loss or damage or destruction of your Article(s).

4.6.5  You expressly understand and agree that you are liable for any liabilities arising from any claims, liabilities, proceedings, demands, losses, fines, penalties, damages suffered or incurred by us as a result of breach of this condition including but not limited to costs, fees, expenses, claims incurred in connection with the return, disposal, destruction, seizure or detention of your Article(s) due to it being Dangerous Goods or Prohibited Items and that you shall indemnify and keep us indemnified in the event that your Article(s) contains Dangerous Goods or Prohibited Items and causes loss or destruction or damage to any other Article(s) or container or vehicle, ship, aircraft or receptacle or any other goods or property within its proximity or to our or any third party’s personnel.

4.7 Posting of Dangerous Goods and/or Prohibited Items

4.7.1  Posting of any Dangerous Goods and/or Prohibited Items would only be allowed if:
(a)  all the necessary and required approvals, permissions and clearances have been obtained from all relevant authorities from both the country of origin, country of transit and the country of destination,
(b)  if the law and regulation permit, the posting of the Dangerous Goods and/or Prohibited Items have been declared and accompanied with all original supporting documents evidencing the said approval, permission and clearance, and
(c)  the Dangerous Goods and/or Prohibited Items are appropriately packed, marked, labelled and insured according to the applicable local, state, and federal laws, regulations, ordinances and rules.

4.7.2  We reserve the right to refuse posting of such Article(s) at any time at our sole and absolute discretion if we deem or consider that the declaration and/or the accompanying supporting documents are incomplete, insufficient and/or inaccurate, notwithstanding the order for the said posting has been accepted and your Account has been deducted.

4.7.3  We shall not be liable in any manner whatsoever in the event we decide not to accept posting and/or to continue with posting and/or if any posting is returned, destroyed or detained by any authority at the country of origin and/or country of transit and/or country of destination.

4.7.4  If you fail to comply with your obligations under these T&C, we may in our sole and absolute discretion refuse to provide or continue to provide or complete the Services and we shall not be liable in any manner whatsoever for our refusal. In such an event, no refund will be made of any utilised SendParcel Credits from your account.

4.8 Packing of Article(s)

4.8.1  You warrant that your Article(s) will be properly and securely packed to prevent any damage or destruction in the course of delivery and completely, accurately, and properly labelled for us to carry out the Services.

4.8.2  You expressly understand and agree that we shall not be liable or responsible for any delay or loss or damage which is due to your improper or inadequate packaging/labelling, and you shall indemnify and keep us indemnified in the event that your Article(s) causes destruction or damage to any other Article(s) or container or vehicle, ship, aircraft or receptacle or any other goods or property within its proximity or to our or any third party’s personnel.

4.8.3  You shall ensure that the consignment notes printed are clear, legible, in good condition and attached securely to your Article(s).

4.9 Declaration of Article(s)

4.9.1  You shall provide a full description of the contents of your Article(s), and you represent and warrant that you have given complete and accurate details or description of your Article(s) (including its monetary value). If we discover, or have any reason to believe that your description of the contents of your Article(s) is incomplete or inaccurate, we shall be entitled to refuse posting of your Article(s), and we shall not be liable to you or any third party for any non-delivery or delays in delivery of your Article(s), due to any incomplete, or inaccurate description provided by you. In such an event, no refund will be made of any utilised SendParcel Credits from your account.

4.9.2  You expressly understand and agree that we shall not be liable for any delay or loss or damage which is due to any false or incomplete declaration made by you and you shall indemnify and keep us indemnified against any costs, expenses, damages or losses claimed by any third party as a result of your incomplete or inaccurate declarations.

4.10  Right of Inspection
Your Article(s) may be subject to security screening without notice for safety, security, customs or other regulatory reasons which could include the use of x-ray, explosive trace detection and other security screening methods and you accept that your Article(s) may be opened and the contents of your Article(s) may be examined by us or any authorities including the Royal Malaysian Customs Department in accordance to the relevant laws and regulations, including but not limited to the Postal Services Act 2012.

5.  WARRANTIES

You warrant, represent and guarantee to us that:

5.1 You agree to pre-pay the charges for the Services using your Account credit prior to the supply of the Services. The charges are based on the weight or size of your Article(s) as measured by us. You hereby agree and authorise that we are entitled to deduct the SendParcel Credits from your Account for any surplus charges required for the Services in the event that we determine that the charges prepaid prior to the supply of the Services are insufficient. In the event that there is an insufficient balance in your Account, we have the right to terminate or suspend your Account or make a claim from you for the amount owing and not perform or continue to perform the Services until you have paid in full the amount due and regularised your Account. All fees for the Services shall be calculated in accordance with Service that you have subscribed or in accordance with the rate and charges published by us from to time to time (whichever applicable);

5.2 The contents and description of your Article(s) (i) have been properly described with are complete, and accurate; and (ii) have been prepared, packed, and wrapped neatly, securely and safely against the risks of transport, or the performance of the Services, including associated sorting and/or handling and/or regulatory processes;

5.3 The consignment note shall be printed clearly, legibly, and in good condition and securely attached or affixed to your Article(s).

5.4 Your Article(s) is not or cannot be regarded or classified as hazardous material, dangerous goods, prohibited or restricted Article(s) under any applicable laws, regulations or any other national or international rules including those listed as Dangerous Goods and Prohibited Items by us.

5.5 You shall be solely responsible and liable for all charges, costs and expenses including but not limited to transportation charges and any surcharges, customs, duties, assessments including any fees related to our prepayment of the same, government penalties and fines, taxes and legal costs (including solicitors fees) and any costs which may be incurred in returning the shipment, carriage, delivery, storage, disposal or warehousing of the same. We shall be entitled to charge your Account and and in the event that there is an insufficient balance in your Account, we have the right to terminate or suspend your Account or make a claim from you for the amount owing;

5.6 The contents of your Article(s) are not restricted or prohibited Article(s) and neither you nor the recipient is a person or organisation with whom we or you may not legally trade under any applicable laws or regulations; and

5.7 You have complied with all laws and regulations of Malaysia (including our policies), the transit country and destination country relating to consigning, labelling, packaging, carriage, storage and delivery of the Article(s). You shall indemnify us, keep us indemnified, and hold us harmless from any liabilities which we may suffer or any costs, damages or expenses, including legal cost which we may incur either to you or to any third party arising from a breach of any of these representations and warranties. Any Article(s) accepted by us for posting shall not absolve or release you from your indemnity obligations for any breach of any of these representation and warranties.

6.  DROP OFF AND COLLECTION CONDITIONS 

6.1 Drop Off

6.1.1  You shall drop off your Article(s) at any of our Pos Laju centres within seven (7) Working Days (“Drop Off Period”) from the date you have created a consignment note for your Article(s) in your Account.

6.1.2  We reserve the right not to accept your Article(s) or not to deliver your Article(s) that is dropped off after the Drop Off Period in which event no refund will be made of any used SendParcel Credits from your account.

6.1.3  If you fail to drop off your Article(s) during the Drop Off Period, your Article(s) consignment note orders will be automatically cancelled through your Account system without a refund.

6.2 Collection

6.2.1  We will make every reasonable commercial effort to collect your Article(s) from your pick up point at your selected time.
6.2.2  If we are unable to collect at such selected time, we will contact you to reschedule the time. If we fail to collect your Article(s) at your selected time, or rescheduled time, or in any event, by the next Working Day from your selected time, or rescheduled time, please contact us immediately at our customer service online (Call 1-300-300-300 (Customer Service Hotline) Or Chatbot AskPos  : https://www.pos.com.my/contact-us/#AskPos.

6.2.3  In the event that we are unable to collect your Article(s) at your selected time due to your fault or non-availability, an additional fee will be charged for the next collection attempt.

6.3 We reserve the right not to accept or deliver any Article(s) which is not attached or affixed with a clear and legible printed consignment note.

6.4 Each Article(s) shall be accompanied by an individual consignment note. We shall be entitled to refuse the posting of any Article(s) which we have found to be using shared or used or duplicate or counterfeit consignment notes.

6.5 The delivery progress of your Article(s) can be viewed at www.pos.com.my, using the assigned tracking number on creation of the order and use of the Services.

7.  POSTAGE CHARGES

7.1 All charges for the Services shall be automatically deducted from your Account.

7.2 Postage charge of your Article(s) is calculated based on the actual weight of your Article(s) or the volumetric weight of your Article(s), whichever is higher.

7.3 Additional postage charges will be chargeable on and payable by you if the weight of your Article(s) differs from the weight declared on the consignment note. In the event that there is an insufficient balance in your Account, we have the right to terminate or suspend your Account or make a claim from you for the amount owing or stop the performance of the Services.

7.4 By declaring the weight and dimensions of your Article(s) in the consignment note, you are pre-paying for the postage charges. If your Article(s) is heavier or larger than what you have declared, extra charges at our published rate (“Additional Charges”) will be imposed and you agree that we shall be entitled to deduct such Additional Charges from your Account accordingly for the additional weight and dimensions. In the event that there is an insufficient balance in your Account, we have the right to not provide the Services until you have purchased sufficient credit for your Account and regularised your Account.

7.5 If Additional Charges are imposed for any Article(s) posted by you, and your prepaid Account does not have sufficient SendParcel Credits, we have the right to not perform the Services purchased and any delivery of your Article(s) shall be suspended until such time you have credited a sufficient balance on your Account and regularised your Account.  Such Article(s) will be stored by us for seven (7) days and if your Account continues to have insufficient balance after the expiry of the said period, you are required to collect such Article(s) from us within the said period  and pay us a storage fee at the then current rates prescribed by us. If you fail to collect the Article(s) within the stipulated time, we reserve the right to dispose or destroy the Article(s) at your cost, and we shall not be liable to you or any third party for the non-delivery or destruction or disposal of the Article(s). And we shall be entitled to claim from you the storage and other costs incurred by us.

7.6 All charges for the Services shall be exclusive of any customs or duties or taxes and shall be deducted from your prepaid Account and in the event that there is an insufficient balance in your Account, we have the right to terminate or suspend your Account or make a claim from you for the amount owing. We have the right to suspend or terminate the performance of the purchased Services and charge you for storage and other costs incurred by us. 

8.  REFUND FOR CANCELLATION OF CONSIGNMENT

We may, upon receipt of your request for cancellation of your consignment note order provide refund for the postage charges deducted by us by crediting the same into your Account provided that (i) no attempted collection or drop off of your Article(s) has been made; and (ii) such request is received by us within seven (7) days from the date of creation of the consignment note order.

9.  COMPLAINTS, QUERIES AND COMPENSATION

9.1 Complaints

9.1.1  Any inquiries must be made within 30 days from the of posting date (“Complaint Deadline”). We reserve the right not to entertain any such complaint if the same is made after the Complaint Deadline. Complaints may be by calling 1-300-300-300 (Customer Service Hotline) or use the Chatbot AskPos (Let’s Chat!) : https://www.pos.com.my/contact-us/#AskPos

9.1.2  Any complaint for damaged, partial lost, receive different contents or destroyed Article(s) must be reported to us within forty-eight (48) hours upon receipt of the said Article(s) (“Complaint Deadline”). We reserve the right not to entertain any such complaint if the same is made after the Complaint Deadline.

9.1.3  Complaints of damaged, lost or destroyed of Article(s) must be accompanied with proper and adequate proof that it was us who had solely caused such damage, loss or destruction and such damage, loss or destruction occurred while the Article(s) was under our custody or care.

9.1.4  We shall have the right to inspect, examine and verify any Article(s) forming the subject matter of any complaint and will only entertain such complaint if we are satisfied with the merits thereof. Complaints which are without merit will not be entertained.

9.2 Claim

9.2.1  Subject to Clause 9.1.1 above, any claim due to loss or damage of any Article(s) can only be made by you or your representative with written authorization from you and all claims must:
(a)  be made within thirty (30) days of the date of posting.
(b)  submitted the feedback form with supporting document. 
(c)  or Call 1-300-300-300 (Customer Service Hotline) or use the Chatbot AskPos (Let’s Chat!) : https://www.pos.com.my/contact-us/#AskPos or nearest branch.

9.2.2  In the event of damage, all packaging must be kept for inspection. The content of your Article(s) must be available for inspection in the condition it was delivered and at the address it was delivered to. If the Article(s) is moved/ repaired or if the packaging is not kept, the claim will be rejected.

9.2.3  If the outside packaging of the Article(s) is intact, then any claim for damage to the content of the Article(s) will be invalidated as it would be clear that the internal packaging would not have been sufficient to protect the content of the Article(s).

9.3 Queries
You may contact us via the feedback form at your Account tab if you have any queries in respect of these T&C.

10.  INSURANCE

10.1  You shall be responsible to purchase adequate insurance coverage to cover the full value of your Article(s) in the event of any delay, destruction, damage, or loss during collection, delivery, handling, processing and transit.

10.2  Optional insurance coverage from our panel of insurers shall be available for purchase for you to insure your Article(s). The insurance coverage is governed by the terms and conditions stated in the insurance coverage in addition to these T&C.

10.3 Subject to the terms of the insurance policy, the insurance claim is limited to loss or damage to your Article(s) and up to the amount insured and declared or such other reasonable amount as may be determined by the subscribed insurance company.

10.4 Our liability for damage, loss and/or destruction of the Article(s) is subject to the provisions in these T&Cs for limitation of our liability.

11.  LIABILITY AND INDEMNITY

11.1 Scope
We shall not be liable in any circumstances whatsoever for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of data, loss of privacy, loss of value, loss of use, loss of reputation, any consequential damages and/or any indirect loss, including but not limited to loss arising from loss of contract, profit, revenue, income whether such loss or damage is special or indirect including emotional loss/damage and even if the risk of such loss or damage was brought to our attention before or after acceptance of your Article(s) by us or other indirect cost, caused by any delay, destruction or damage or loss of your Article(s) (in whole or in part) and whether such loss or damage arises under statute, tort, contract, common law, equity, strict liability or any other theory or bases of law.

11.2 Exclusion of Liability and Indemnity

11.2.1  You expressly understand and agree that we shall not be liable for any loss, misdelivery, delay of or damage to your Article(s) during its handling, processing and/or transmission, unless proven that we have maliciously or negligently or intentionally caused the loss, misdelivery, delay or damage.

11.2.2  You expressly understand and agree that we shall not be liable to you or to any third parties for any loss or damages whatsoever suffered, or that may be suffered (whether in contract, tort, statute, common law, equity, strict liability or any other theory or bases of law), any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity or any incidental, special or consequential damages or loss howsoever arising.

11.2.3  You shall indemnify us and keep us indemnified and hold us harmless against any action, proceeding, claim, demand or prosecution arising from or in connection with any loss, damage, injury, illness or death to any person or property, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind.

11.2.4  Notwithstanding any provisions of these T&C, the STC and/or GTC, you expressly understand and agree that our total liability for all losses or damages to your Article(s) is limited to:-
(a)  The actual amount of loss or damage suffered, based on content and actual value of your Article(s) that has been declared, subject to a maximum amount of MYR100.00 for documents or parcels weighing below 2kg or MYR300.00 for documents or parcels weighing 2kg or more, whichever is lower (“Maximum Liability Limit”),
(b)  Limited to one (1) claim per Article(s) but not exceeding the Maximum Liability Limit.

11.3 Any delivery time stated in any consignment note, or tracking progress is an estimate only, and we shall not be liable to you or any third party (including the addressee) for any delay in delivery of any Article(s).

11.4 We shall not be liable in any manner whatsoever if: 
(a)  your Article(s) posted was lost, damaged (whether in whole or in part), destroyed and/or delayed due to your failure in ensuring your Article(s) posted has been labelled and addressed clearly and legibly and wrapped and/or packaged securely and safely, notwithstanding our acceptance of your Article(s) for the Services. We shall not be responsible to verify that your wrapping and/or packaging of your Article(s) shall ensure the safe and secure delivery of your Article(s);
(b)  your Article(s) posted was lost, damaged (whether in whole or in part) and/or delayed as a result of false, illegible, incomplete, improper or incorrect declaration by you.

12.  FORCE MAJEURE

12.1 We shall not be responsible for any delay, loss, destruction or damage to your Article(s) or failure to perform the Services or perform our obligation under these T&C caused by matters or circumstances beyond our control including but not limited to: (i) Act of God, disaster such as earthquake, hurricane, floods, pandemics, epidemics, or any other similar occurrences, (ii) war, embargo, aeroplane accident, national emergency, government orders, movement control orders, (iii) fire or robbery or theft, (iv) electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Article(s), even if known or notified to us, (v) Article(s) that is seized or detained by the Customs Department in Malaysia or any other authority or any other relevant authority of the country of transit and/or country of origin and/or country of destination, (vi) accidents of our or any third party carrier or vehicle transporting your Article(s) (vii) other similar events or contingencies beyond our reasonable control or whose performance is prevented or interfered with.

12.2 In the event that your Article(s) is seized, retained or confiscated by the Custom Officers or Malaysian Government or any other government authority or any other authority of any jurisdiction, you shall be responsible to pay all taxes, duties or penalties levied on your Article(s) imposed by the Custom Officers or Malaysian Government or any other government authority or any other authority of any jurisdiction and you shall at your own cost be solely responsible to obtain your Article(s) from the Custom Officers or Malaysian Government or any other government authority or any other authority of any jurisdiction.

13.  CONFIDENTIALITY AND DATA PROTECTION

13.1 We shall keep all information provided by you confidential and shall not disclose it to any third party, except where required by law or regulation, by any governmental or regulatory body or authority. Notwithstanding the foregoing, we shall be entitled to disclose any confidential information to our related companies and/or our affiliates, if we deem it appropriate or necessary for us to carry out the Services.

13.2 You agree that we may collect, use, process, and transfer personal data shared with us to our related companies and/or our affiliates and/or our subcontractors and/or service providers, (i) for the purposes of carrying out the Services; or (ii) for security, quality, and risk management reviews; or (iii) complying with any law, regulation or request by any governmental or regulatory body or authority.

13.3 For details on our Personal Data Protection Notice, kindly visit our website at www.pos.com.my. The Personal Data Protection Notice outlines how we collect, use, handle and protect the information and personal data given to us and in compliance with the Personal Data Protection Act 2010.

14.  GENERAL PROVISIONS

14.1 Governing Law: These T&C, the STC and GTC shall be governed by and construed in accordance with the laws of Malaysia and shall be subject to the exclusive jurisdiction of the Malaysian Courts.

14.2 Severability: If any of the above clauses are not enforceable for any reason whatsoever, it would not prevent the validity and enforceability of the other paragraphs in these T&C herein.

14.3 Amendment or Variation: These T&C may be amended or varied at any time and from time to time by us at our sole and absolute discretion without prior notification to you. Such amendment or variation shall take effect on the date on which we declare it to be effective or published on [insert weblink].

14.4 Termination: Notwithstanding anything to the contrary, we may, by providing you a seven (7) days prior written notice to you elect to terminate your Account or the Services other than due to your failure or breach of these T&Cs or the STC or the GTC, and without any reason whatsoever whereupon your balance credit (which has yet to expire) will be refunded to you without interest and you shall have no further claims against us.

14.5 Waiver: Failure to exercise or delay in exercising or enforcing any right under these T&C by us shall not operate as a waiver of its right to enforce against the breach of such provision and shall not prejudice the subsequent exercise of the same unless made in writing. No single waiver constitutes a continuing or subsequent waiver.

14.6 Entirety: These T&C, the STC and GTC constitute the entire agreement and understanding between you and us whether written, oral or implied with respect to the subject matter hereof, and it shall supersede all previous agreements, understanding or contract between you and us relating to the subject matter hereof.