Terms

1. Introduction

1. These terms and conditions ("Terms and Conditions") contained below is a legal and binding agreement made between you and Helpr Asia Sdn Bhd (Company No.: 1147034-U Registered in Malaysia).
2. By using any of our Services (defined hereinbelow) offline and/or online vide the Website, you are deemed to have read, understood and agreed to observe, comply and be bound with these Terms and Conditions.
3. We reserve the rights to change, modify, add or remove any or all parts of these Terms and Conditions from time to time without prior notice given to you. Such amendment shall form parts of these Terms and Conditions. You are deemed to have read, understood and agreed to observe, comply and be bound by such amendments.
4. You are advised to read these entire Terms and Conditions before proceeding with any request of our Services (defined hereinbelow) and to read and understand any amendments from time to time.
5. You further agree that your continued use of our Services (defined hereinbelow) offline and/or online vide the Website, shall constitute an acceptance of these Terms and Conditions.

2. Definitions & Interpretations

2.1 In these Terms and Conditions, unless the context requires otherwise:

2.2 In these Terms and Conditions, unless the context require otherwise:-

1. any reference to:-
   1. the singular includes the plural and vice versa;
   2. a gender includes all genders; and
   3. a date or time of day is a reference to Malaysian date or time.
2. headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Agreement.

3. Services

1. You hereby request and we hereby accepts to use the Services at the Fees upon these Terms and Conditions.
2. Subject to these terms and conditions, the scope of our services is on case to case basis upon your request include but not limited to ("Services"):-
   1. sending any goods and monetary instruments including cheques, bank drafts and/or cash;
   2. seek, source and research on goods and/or services;
   3. purchase any goods and/or services; and
   4. any other services to be performed upon your request provided such request us not illegal.

4. Offer & Acceptance

1. You hereby offer to use our Services by sending your requests in accordance to the following manners ("Request"):-
   1. by sending a text request to GIFTR Hotline via short message service (SMS);
   2. by sending a text request to GIFTR Hotline via Whatsapp;
   3. by posting your request at GIFTR Facebook;
   4. by posting your request at GIFTR Twitter;
   5. by sending an email to GIFTR Hotmail; and/or
   6. such other manners to be stipulated by us from time to time.
2. Upon receipt of your Request, we shall provide a quote to perform the Services.
3. In the event you agree to the quote, you shall confirm your Request and make payment of the Fee in accordance to Clause 5.
4. We accept your Request upon confirmation of your Request or upon payment of the Fee, whichever is earlier, whereupon a legal agreement is formed between you and us in accordance to these Terms and Conditions herein.

5. Fees & Payment

1. In consideration of using our Services, you shall make the payment of Fee to the Payment Gateway and to supply the Payment Gateway with your credit card or debit card details from credit card or debit card company acceptable to Us and/or the Payment Gateway.
2. By providing the details of credit card, debit card and/or any other forms of payment and financial information to us, you hereby confirm, warrant and represent that:-
   1. you have the full authority to use and disclose the details of such credit card, debit card and/or any other forms of payment and financial information or account; and
   2. all particulars and details that you provide to us for the purpose of processing payment are true and accurate.
3. Notwithstanding the payment method published in the Website and depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
4. Fees shall be inclusive of goods and services tax (GST) and exclusive of any other rates, taxes, levies and/or other fees which may be imposed by the relevant authorities from time to time. In the event the Fees is increased due to the changes and/or imposition of new rates, taxes, levies and/or other fees shall be increased accordingly, you hereby expressly agree to compensate the difference or the full same upon demand by us.
5. All Fees paid are non-refundable save for strictly due to our failure refusal and/or negligence to perform the Services upon your confirmation of Request.

6. Rights Of Suspension And Refusal

1. We reserve all the rights to suspend, refuse, cease to perform and/or delay in performing the Services at any time at our absolute discretion without any reasons given to you.
2. Notwithstanding to the generality in Clause 6.1 herein, we shall be entitled to suspend, refuse, cease to perform and/or delay in performing the Services due to:-
   1. payment of Fees is suspended unable to be cleared or otherwise not received by Us and/or Payment Gateway;
   2. you cancel our Services after we have commenced our Services;
   3. inaccurate false or misleading information furnished by you, of which the delivery address is not found or closed or causing us unable to perform our Services;
   4. the Goods are considered a Restricted Goods as stipulated under clause 7 in the event we are requested to deliver the goods; or
   5. the act of God, insurrection, civil disorder, war or military operations, national and local emergency, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, thunderstorms, internet downtime, or any other force majeure events which are beyond the control with or cause due to us.
3. Upon the suspension, refusal and/or cessation to perform the Services under sub-clauses 6.2(a) to (d), we shall be entitled to forfeit all Fees paid without prejudice to our rights to recover any compensation damages or losses arising thereto whereupon you shall be liable to compensate us the same immediately upon receipt of our notice.

7. Restricted Goods

1. The restricted goods are as follows:-
   1. the goods which are not in or are not put into, the deliverable state at the designated pick up point;
   2. the goods are defective, perish, or become so damaged, or no longer correspond to the description as furnished by You or no longer fit for the purpose as per your Request;
   3. the goods are subject to charges and/or encumbrances in favour of any third party;
   4. the goods are offensive, threatening, indecent, obscene, explosive, unsafe, or which is likely to cause damage harm and threats to the national security and/or public interest;
   5. the goods are in sensitive nature in respect of ethnicity, race, religion, gender equality, birth of origin, public morality, or such nature which is likely to cause or incite any disharmony disturbance annoyance or hatred to individuals groups or the public; or
   6. the goods are illegal due to its state and/or for the purpose of its use, or for and/or upon delivery, or which is likely to infringe violate or breach of any Applicable Laws.

8. Representations and Warranties

1. You hereby represent warrant and undertake that:-
   1. you have read, understood and agreed to be bound by these Terms and Conditions;
   2. you are 18 years old and above and is legally entitled to enter into these Terms and Conditions;
   3. entry into these Terms and Conditions shall not breach infringe or violate any Applicable Laws;
   4. obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises if so necessary,
   5. you are the legal and/or beneficial owner of all the intellectual property rights attached to the goods and/or you have obtained the consent of the original legal owner of that intellectual property in order for us to perform the Services;
   6. the content, quality, authenticity and value of the goods corresponds to the descriptions furnished by you.
2. We shall perform our obligations under these Terms and Conditions with reasonable skills and care.

9. Indemnity

9.1 You agree to defend, indemnify and hold harmless us and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors' fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of intellectual properties, and any rights of Payment Gateway; (iv) your violation of any Applicable Laws; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information.

10. Limitation of Liability

1. You acknowledge and confirm we act solely as a platform to perform the Services and that we are not and shall not be responsible or liable to :-
   1. verify ensure and confirm the content, quality, authenticity and value of the goods; and
   2. obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises, consent of the original legal owner of the intellectual property attached to the goods;
   3. pay compensate indemnify you for any losses damages, any increased costs or expenses, any loss of profit, business, contracts, revenue or anticipated savings or any special, indirect or consequential damage of any nature whatsoever due to any breach and/or non-compliance of you under these Terms and Conditions.
2. Notwithstanding anything contrary under these Terms and Conditions however so construed or interpreted, our liability under these Terms and Conditions are limited to the total Fees paid by you per Service.
3. You hereby confirm that the limitation of liability in Clause 10.2 is expressly agreed upon by you and us and shall waive to dispute the quantum of liability or seek further compensation beyond such limitation of liability in any event of claims against us.

11. General

1. Time shall not be an essence on our obligations to perform the Services under these Terms and Conditions.
2. Any notice given pursuant to these Terms and Conditions shall be in writing and be given by sending the same by email, facsimile, prepaid registered post or left if addressed to the party concerned in these Terms and Conditions or address given in the registered user account.
3. These Terms and Conditions shall be construed in accordance with and governed by the laws of Malaysia.
4. If any provision of these Terms and Conditions is or may become illegal or void under any written law or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
   1. such provisions shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
   2. the remaining provisions of this agreement shall remain in full force and effect;
   3. the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
5. No failure or delay in the exercise or the partial exercise of any right or remedy or the exercise of any other right or remedy shall affect of impair any such right or remedy.
6. These Terms and Conditions shall be binding on the parties and their respective successors in title of the parties hereto.
7. The parties acknowledge and agree that these Terms and Conditions and/or any other documents pertaining hereto can be signed, executed, acknowledged, issued and/or executed by electronic means and shall in any proceedings be admissible in evidence and be presumed, unless evidence to the contrary is introduced.