GOGET.MY TERMS AND CONDITIONS OF SERVICE
The GoGet.My platform provides a means to enable an individual or persons (“posters”) who seek delivery to certain destinations and real time fulfilment of an errand or errands at a specific location to be matched with persons with capacity and ability to fulfil these tasks ("GoGetters"). The GoGet.My platform also offers information and a method to connect GoGetters and posters with each other but does not provide delivery services or acts in any manner as a delivery carrier. That being the case, the GoGet.My platform allows for posters and GoGetters to switch roles from time to time during the fulfillment of a task or tasks.
The services as mentioned above shall collectively be defined as the "services". These terms and conditions shall govern your use of and participation as poster or GoGetter in the GoGet.My platform.
- Below are the terms and conditions of GoGet.My, a community marketplace concept application and platform (“platform”) owned and operated by Eternal Meteor Sdn. Bhd. (Company no. 1026031-T), incorporated in Malaysia. By your sign up and/or usage of GoGet.My services, website and products, you are legally and automatically bound to these terms and conditions without conditions.
- By virtue of your sign up and/or usage, you accept all terms and conditions of the GoGet.My platform. This means that you affirm your understanding of the terms and conditions of GoGet.My and are within full capacity to enter into transaction with GoGet.My and Eternal Meteor Sdn. Bhd for its services and/or products.
- GoGet.My does not provide carrier, transportation or delivery services. It is up to the GoGetter to decide whether or not to offer delivery services to a poster on the GoGet.My platform and it is up to the poster to decide whether or not to accept a delivery offer from any GoGetter over its poster, contacted through the GoGet.My platform. Any decision to offer or accept delivery or task fulfilment services once such poster that is matched through the GoGet.My platform is a decision made solely between the poster and GoGetter without liability or responsibility to GoGet.My and Eternal Meteor Sdn. Bhd. Additionally, GoGet.My and Eternal Meteor Sdn. Bhd. shall not be liable for the actions and transactions of the poster and GoGetter and be treated as absolutely blameless at all times. Please read these terms and conditions carefully before signing up and using the services. If you do not agree to be bound by these terms and conditions, please do not use or access the GoGet.My platform or sign up for any of the services provided on the platform. You may elect to read these terms and conditions again at any time after signing up and/or using our services.
- These terms and conditions, and its updates are subject to the discretion of the GoGet.My management team at any time, notice thereof shall be posted on the GoGet.My platform as and when needed. You are bound by all amended terms or updates which become effective upon their posting on the GoGet.My.
PURPOSE OF SCOPE AND OPERATIONS
GoGet.my is a app/web based communications platform that operates as an online marketplace for errands and deliveries. This is done by connecting potential clients (Posters) with people (GoGetters) who can accomplish one of four categorized tasks as listed out.
- Dispatch- this type of job requires a GoGetter to either ‘pick up’ and/or ‘drop off’ items such as documents, parcels or packages utilizing their own method of transport in exchange for payment by the Poster.
- Shopping- this type of job requires a GoGetter to spend their own money to purchase a list of items as outlined by the Poster and delivering it to them, utilizing their own method of transport in exchange for payment by the Poster which includes reimbursement of purchased items.
- Food- this type of job requires a GoGetter to spend their own money to purchase food outlined by the Poster and delivering it to them, utilizing their own method of transport in exchange for payment by the Poster which includes reimbursement of purchased items.
- Helper- this type of job requires a GoGetter to ‘help’ out on a task outlined by the Poster which includes manual labor, effort and time in exchange for payment by the Poster.
GoGet.my does not undertake these jobs nor does it employ individuals to complete jobs. Additionally Goget.my does not supervise, direct or control the jobs a GoGetter accepts to which the GoGetter and Poster acknowledges.
Users of GoGet.my are subject to an extensive vetting process when they register to be a GoGetter and during their use of the GoGet.my platform including but not limited to a verification of identity and a comprehensive criminal background check. Those seeking to register to be a GoGetter hereby consent to GoGet.my conducting these background checks as often as necessary in compliance with Malaysia’s state and federal laws. Once verified, aspiring GoGetters must attend a training session and complete a multiple choice test to validate their understanding of what is taught and to ensure their English competency skills are acceptable.
CONTRACT BETWEEN GOGETTER AND POSTER
By using GoGet.my app and website you acknowledge that a contract is formed when you agree the terms of a job with another user. As a Poster you acknowledge that you offer an agreed financial sum as payment to the GoGetter for a job that you have assigned which may include reimbursement for costs taken-on by the GoGetter. As a GoGetter you acknowledge that you will comply strictly with the Poster’s instructions in exchange for payment that you have agreed to, understanding that you will have to assume responsibility of your own costs and utilize your own method of transport in pursuit of completing the job.
Payment for jobs can be done through cash on-hand or through the payment service provider (as defined below). Both parties agree to notify GoGet.my of any disputes arising from the job at least (30) days before initiating any proceedings or action against the other party, utilizing GoGet.my as an intermediary and mediator to resolve aforementioned disputes.
ACCEPTABLE USE POLICY
Users of GoGet.my may not in any way utilize the online platform for any activity that:
- Violates any state and federal law or government regulation in Malaysia
- Violates any rule or regulation stating the acceptable code of conduct enforced by GoGet.my on its GoGetters
- Violates any rule or regulation by Visa, Mastercard or any Credit Card Network that is utilized by GoGet.my on its platform for payment use
- Violates any rules or regulations dictated by our payment service provider
- Is fraudulent, deceptive, unfair or predatory
- Causes or threatens reputational damage to GoGet.my or any Credit Card Network
- Involves any of the business categories which are age-restricted such as alcoholic beverage (exceptions apply if age is verified)
- Results in or creates significant risk of chargebacks, penalties, damages or other harm or liability
TERMINATION AND SUSPENSION
GoGet.my reserves the right to terminate or suspend your right to use the online platform in the event we believe that you have breached this Agreement by providing you with a written or email notice of such breach/termination/suspension that will be effective immediately upon delivery. If your right to use GoGet.my is terminated or suspended, this agreement will remain enforceable against you. You may terminate this agreement at any time by ceasing all use of the GoGet.my platform. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.
ELIGIBILITY AND REPRESENTATIONS
- Our services at GoGet.My and through the GoGet.My platform are available only to, and may only be used by individuals of 18 years of age and above. By signing up and/or participating as a poster or GoGetter, you represent and warrant that you meet this requirement. You also represent and warrant that you have the right, authority and full capacity to be a poster or GoGetter.
- Your information is any information you provide, publish or display ("publish") to the GoGet.My platform or send to other posters in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("your information"). Your information will be stored on computers and in our business server. However, any personal information provided by you shall be collected, stored and retained by Eternal Meteor Sdn. Bhd. in accordance of the provisions of the Personal Data Protection Act 2010, a copy of the act is available for view at the library records of the Bar Council of Malaysia or online. By your sign up and/or usage of the services, you consent to us using your information to create a poster account that will allow you to participate in the services.
- By signing up in the GoGet.My platform and/or using the services, you agree that we may obtain personal information including and without limitation to your identification, contact details or points, driving record, references and/or credit information. You hereby authorize GoGet.My and Eternal Meteor Sdn. Bhd. to perform necessary background checks for its purposes, and further agrees to provide any necessary authorization to facilitate our access to necessary information for the purposes of the business of GoGet.My.
- You are solely responsible for your information and your interactions with other people in the public, and we act only as a passive conduit for your online posting of your information. When you use the GoGet.My platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update your information to keep it accurate, current and complete at all times during the term of the agreement. You also agree that Eternal Meteor Sdn. Bhd, participants in the GoGet.My platform and the public 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, we have the right to terminate this your use of the services without notice to you.
- You are allowed to one GoGet.My account on the GoGet.My platform or authority over one GoGet.My account thereon. You are also responsible for maintaining the confidentiality of any password provided by you or GoGet.My for accessing the services. Additionally, you are solely and fully responsible for all activities that occur under your password or account.
- GoGet.My represents that it has no control over the use of its GoGetter or poster's account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact the GoGet.My administrators immediately. GoGet.My and Eternal Meteor Sdn. Bhd. reserves the right to take any legal action against you for misrepresentation for any loss or damage suffered as a result of any misuse or abuse of your account.
- GoGet.My tries its best to protect the privacy of data exchange in the GoGet.My platform from misrepresentation, third party abuse or internal hacking but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to the poster or GoGetter. All data exchange outside the Goget.My platform between the poster and GoGetter is strictly at the risk of the poster and GoGetter.
- By using the GoGet.My plaform and the services, you as the poster, represents, warrants and agrees that:
- the poster had made all necessary checks before posting tasks on the GoGet.My platform;
- the poster will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws including being involved in any criminal, drug or unlawful activities;
- the poster is solely responsible and shall indemnify all claimants including Eternal Meteor Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving GoGet.My, the GoGet.My platform in the posting of the poster up to the delivery of tasks mentioned in the poster for the poster at all times;
- the poster shall not treat, name or hold GoGet.My or Eternal Meteor Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving GoGet.My, the GoGet.My platform by the GoGetter; and
- the poster makes and will make all necessary declarations on the GoGet.My platform or if asked from time to time by Eternal Meteor Sdn. Bhd. about restricted activities.
- By using the GoGet.My plaform and the services, the GoGetter however represents, warrants and agrees that:
- the GoGetter makes and will make all necessary declarations on the GoGet.My platform or if asked from time to time by Eternal Meteor Sdn. Bhd. about restricted activities;
- the GoGetter possesses a valid driver’s license and is authorized to operate a third party insured motor vehicle (“vehicle”) and has all appropriate licenses, approvals and authority to provide delivery to third parties in all jurisdictions in which such GoGetter uses the services;
- the GoGetter owns or has the legal right to operate the vehicle when making delivery tasks as per the poster and that such vehicle is in good operating condition including meeting the Malaysian vehicle safety standards in accordance with the Malaysian law;
- the GoGetter’s vehicle has a valid policy copy of third party liability insurance for the operation of such GoGetter’s vehicle to cover any anticipated losses related to such GoGetter’s provision of deliveries to posters;
- the GoGetter will be responsible for any and all damages, loss and harm which results from the operation of the vehicle of the GoGetter including, but not limited to, personal injuries, death and property damages and absolutely indemnifies Eternal Meteor Sdn. Bhd. if damages, loss and harm occurs to it and GoGet.My;
- the GoGetter will be solely responsible for its own health and safety during the delivery of tasks accepted in the poster;
- the GoGetter will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws;
- the GoGetter is solely responsible and shall indemnify all claimants including Eternal Meteor Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving GoGet.My, the GoGet.My platform in the discharge of its delivery or the services for the poster at all times;
- the GoGetter shall not treat, name or hold GoGet.My or Eternal Meteor Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving GoGet.My, the GoGet.My platform by the poster or poster.
- All GoGetters are independent contractors of Eternal Meteor Sdn. Bhd. only.
- GoGetter's relationship through the GoGet.My platform and with Eternal Meteor Sdn. Bhd. shall be treated as neither a partner nor an employee of Eternal Meteor Sdn. Bhd. . GoGetter shall be responsible for all taxes in respect of fees and monies and his own social security contributions and the GoGetter undertakes to compensate Eternal Meteor Sdn. Bhd. in full on demand for any liability it and its representatives suffer if the Malaysian Inland Revenue Board or other relevant government department treats the GoGetter in this case as an employee for the purposes of taxation and/or social security.
- By being a GoGetter, Eternal Meteor Sdn. Bhd. is entitled to submit any necessary information and document collected to the Malaysian Inland Revenue Board or any other government department without needing a court order for the purposes of resolving any issue faced in respect to the GoGetter.
GOGETTER TIPS AND FEES
- As a poster, you may elect to make a voluntary tip (“tip”) for the delivery a GoGetter has provided to you. The decision whether to make a tip and the amount of the tip is at your sole discretion Eternal Meteor Sdn. Bhd. and the GoGetter will not receive any compensation or consideration for providing you a delivery other than the amount (if any) of this voluntary tip.
- As a poster, you agree to assume full liability for the payment of both the tip and the cost of goods to the GoGetter. GoGet.My and Eternal Meteor Sdn. Bhd. shall not be held liable for any event of default on behalf of the poster or the GoGetter. Events of default include but are not limited to non-payment of tip and/or cost of goods to GoGetter and non-delivery of goods posted on the poster to the poster. GoGet.My receives a matching fee (“matching fee”) for each successful post that matches a poster to a GoGetter. A post is deemed successful once a poster approves a GoGetter to perform a delivery or once an automatic task approval on the GoGet.My platform is activated. In the event of non-payment by the poster for whatever reason, Eternal Meteor Sdn. Bhd. shall be entitled to claim back the matching fee from the poster, a fine to you by Eternal Meteor Sdn. Bhd. may automatically imposed.
- If a poster elects to make a tip to a GoGetter, the full amount of the tip (including the cost of goods) is to be paid directly from the poster to the GoGetter following completion of each delivery to the poster. The matching fee will be deducted from the poster’s prepaid credits on the GoGet.My platform (“credits) after a poster and GoGetter are successfully matched. Credits can be purchased on GoGet.My using authorized credit cards, paypal, and through any other payment means offered at the discretion of GoGet.My. All matching fee charges, prepaid credits and tips are non-refundable. The GoGet.My platform and Eternal Meteor Sdn. Bhd. operates a no refund policy which shall apply at all times regardless of:
A tip may be any amount from rm0 up, as specified by poster before a GoGetter can claim a specific delivery or errand. It is the poster’s sole responsibility, and not the responsibility of GoGet.My or Eternal Meteor Sdn. Bhd., to decide whether and how much to tip the GoGetter. Any expenses incurred by the GoGetter for the purposes of acquiring goods on behalf of the poster (“cost of goods”) will have to be reimbursed in full by poster to GoGetter upon completion of delivery.
- a poster’s decision to terminate usage of GoGet.My;
- our decision to terminate a poster’s usage;
- disruption caused to our services either planned, accidental or intentional; or
- Any other reason whatsoever.
- GoGet.My, at its sole discretion, may make available promotional offers with different features at any time and tips may be impacted if you are a preferred partner of the GoGet.My platform and/or have a GoGet.My preferred partner account with Eternal Meteor Sdn. Bhd. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. GoGet.My may change its matching fee as we deem necessary for our business. We encourage you to check the GoGet.My platform and its contents periodically if you are interested in keeping abreast of the rate of our matching fee.
- In the event that a poster cancels a delivery or task request on the GoGet.My platform after a GoGetter has purchased the requested goods, evidenced by a valid receipt. The poster agrees to pay a “cancellation fee” equivalent to the sum of the cost of goods and the pre-stipulated tip offered at the time of the posting to the GoGetter.
- You agree that you will use the services in a manner consistent with any and all applicable laws and regulatons. We reserve the right, but are not obligated to investigate, inform the other users in the GoGet.My regarding you and terminate your participation in the GoGet.My platform if you have misused the GoGet.My platform or the services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
- With respect to your participation on the GoGet.My platform or through the services, you agree that you will not:
- impersonate any person or entity;
- "stalk" or otherwise harass any person;
- express or imply that any statements you make are endorsed by us, without our specific prior written consent;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents;
- publish, 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;
- remove any copyright, trademark or other proprietary rights notices contained in the service;
- interfere with or disrupt the services or the GoGet.My platform or the servers or networks connected to the services or the GoGet.My platform;
- post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;
- "frame" or "mirror" any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the GoGet.My platform in order to direct any person to any other web site for any purpose; or
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.
- You further agree that your information and your interactions with Eternal Meteor Sdn. Bhd, on or through the GoGet.My platform shall not:
We reserve the right, but we have no obligation, to reject or take action against any poster or GoGetter that does not comply with these prohibitions.
- be false, inaccurate or misleading (directly or by omission or failure to update information);
- Infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as per this terms of service;
- be anything expressly or impliedly defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
- contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
- contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for us or cause us to become subject to regulation as a delivery carrier or provider of courier service; or
- link directly or indirectly to any other web sites.
- allow any transfer, use, or sell your GoGet.My account and/or id to any another party.
- cause or allow to cause any infringement of policies, terms of service, terms and conditions and written agreements of the GoGet.My and Eternal Meteor Sdn. Bhd.
BILLING AND PAYMENT
- Partners, clients, customers, posters or GoGetters of the GoGet.My platform may be expected to pay in advance for the services vide the GoGet.My platform or in cash. In the event that neither applies, advance future payments shall be completed by the posters vide the designated method as prescribed in the GoGet.My or Eternal Meteor Sdn. Bhd. invoices.
- All other invoices issued through the GoGet.My platform or by Eternal Meteor Sdn. Bhd. must be paid within 14 days of the date of invoice unless otherwise agreed in writing by the Eternal Meteor Sdn. Bhd. In the event of late payment, a late payment interest shall be automatically levied on the amount outstanding before and after judgement at the rate of 8% of the total invoice sum and shall be in force from the due date until the date of payment. In addition, invoices unpaid for more than 30 days after the invoice date will incur an automatic penalty surcharge of 10% of the outstanding amount (including the compounding interest).
- If any amount of an invoice is disputed then the recipient shall inform GoGet.My or Eternal Meteor Sdn. Bhd. in writing of the grounds for such dispute within 7days of delivery of the goods, failing which acceptance is deemed by the issuer.
- GoGet.My and/or Eternal Meteor Sdn. Bhd. reserves the right to increase a quoted fee in the event that its GoGetter, poster, partner, customer or client requests a variation to the work agreed without any waiver to these terms and conditions.
Users of the GoGet.my platform acknowledge that GoGet.my is not party to any contracts for the jobs completed. Payment for the jobs is made directly from the Poster to the GoGetter and not by GoGet.my
By using GoGet.my you will be required to provide your bank account details and credit/debit card to GoGet.my and to the Payment Service Provider utilized by GoGet.my. Posters will be responsible for paying the invoice of each job which may include:
- pricing of items agreed and provided by GoGetter
- any out of pocket expenses made by the GoGetter but agreed by the Poster
- the tip/fee/gratuity payment for services rendered by the GoGetter
- the service charge GoGet.my charges for utilization of the platform
By agreeing to use GoGet.my and not utilizing cash-on hand payment, you agree to make online payments through GoGet.my’s payment service provider Braintree and thereby agree to their terms of service. Braintree's Acceptable Use Policy
1. Payment Terms
1.1 This constitutes a legal agreement between you and Eternal Meteor Sdn. Bhd., governing your access to and use of our Services as a paying customer.
2. Changes of Terms
2.1 We may amend the Payment Terms from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Payment Terms periodically. By continuing to use the Services following such amendments to the Payment Terms, you agree to be bound by such amendments. If you do not agree to the Payment Terms, now or at any time, please do not use the Site, Applications, Subscription Plans, or any of the Paid Services.
3. Minimum Requirements
4. GoGet Commission Terms
- By acting as a verified GoGetter, you authorise Eternal Meteor Sdn. Bhd to charge the applicable fees, refered to as “GoGet Commission” to your designated billing payment method.
- When you claim a job, you will be charged immediately.
- You agree to abide by the terms and conditions of our payment collections partner. Our payments collections partner is BillPlz (https://www.billplz.com/terms.pdf)
- If your account has a due amount, you must settle the balance owed within 7 days through our payments collections partner, failing which, GoGet.my at its absolute discretioni has the right to suspend your account until such time as payment is made.
- Account balances can be set off by incentives or admin tips
- GoGet.my has full descretion in investigating and deeming fraudulent transactions, by which GoGet.my has the ability to suspend your account.
- As a GoGetter, you agree to pay GoGet a commission for matching you with a job. This commission will be 15% of the quantum of the ti li (e.g. Total tip of job is RM10, GoGet commission is RM1.50)
- In the event GST or any other ancillary charges are required to be added to the commission, GoGet has the right at its absolute discretion to revise the rate of commission to accommodate this.
From time to time we may offer incentives for our GoGetters. GoGet.my has full rights to determine the incentives as and when and may change them at any point in time. GoGet.my can deem any sort of misinformation procided, abuse or misuse of the platform; if so, GoGet.my has full rights to suspend and take actions against the GoGetter or Poster. If the GoGetter has received any complaints, strikes, or reports that go against standard policy as stipulated in the verification session, GoGet.my reserves the right to not provide the incentive. Upon any dispute on the incentive between GoGet.my and GoGetter, GoGet has the final decision on whether the GoGetter qualifies for the incentive.
4.3 Fair usage:
- GoGet.my has the right to withold payment due to any GoGetter for any suspected fraudulent or phantom jobs. Investigation will take place and GoGet.my has the final decision on whether the payment should be withheld permanently or not. If GoGet.my or its officers conclude from investigation that cheating has occurred, GoGet has the right to refuse payment to GoGetter.
- A refund will be granted upon the discretion of the company. Refunds will be determined based on investigation, information submitted by users and after the company has concluded that the charge for payment should be cancelled and the funds must be refunded to the user. Situations where this will be allowed is when the payment charge for GoGet commission should not take place because the job was in fact not completed. Completion definition is when the user paid for a service done by a GoGetter in the platform and community of GoGet.
5. Price Adjustments
5.1 We may increase the commission payable at any point in time. If you continue to use GoGet.my, you shall be deemed to have accepted the new cost for that renewal term and any subsequent renewal terms.
6. Accessing Our Services
6.1 We make every effort to ensure that our Services are always available, but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
6.2 You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Payment Terms and other applicable terms and conditions, and that they comply with them.
- At GoGet.My, we do not procure insurance for, nor are we responsible for instances of personal loss or injury, and property loss or damage experienced during your participation with GoGet.My or its platform. We also do not procure insurance for items delivered as part of any delivery service offered by GoGetter to the poster over its poster. All posters and GoGetters are responsible to obtain their insurance or protection against risk and shall not hold GoGet.My and/or Eternal Meteor Sdn. Bhd. liable or responsible for damage or loss suffered. However, GoGet.My and/or Eternal Meteor Sdn. Bhd. reserves the right to recover compensation or claim indemnity against the poster and/or GoGetter for direct or indirect damage or loss suffered.
- To protect the smooth operations of the GoGet.My platform, Eternal Meteor Sdn. Bhd. is insured against risk and loss directly caused by Goget.My employees and Eternal Meteor Sdn. Bhd.
SOCIAL MEDIA AND NETWORKING SITES
- As part of the functionality of the GoGet.My platform, you may be able to login through online accounts you may have with third party service providers (each such account, a “third party account”) by either providing your third party account login information through the GoGet.My platform; or allowing GoGet.My to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account.
- You represent that the GoGet.My platform is entitled to disclose your information in the GoGet.My platform, social media and its networking sites, without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating GoGet.My to pay any fees or making GoGet.My subject to any usage limitations imposed by such third party service providers. By granting GoGet.My access to any third party accounts, you understand that GoGet.My may access, make available and store (if applicable) any content that you have provided to and stored in your third party account (the “social networking site/sns content”) so that it is available on and through the GoGet.My platform via your account, including without limitation any friend, contacts or following/followed lists, and GoGet.My may submit and receive additional information to your third party account as indicated herein.
GOGET.MY E-MAIL AND TEXT COMMUNICATIONS
- E-mail communications and text messages sent from or through the GoGet.My platform or Eternal Meteor Sdn. Bhd. are designed to make your GoGet.My experience more efficient. By becoming a poster, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available GoGetters or posters and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. GoGet.My reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services or sign up in the GoGet.My platform.
- Location data provided by the GoGet.My platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither GoGet.My, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the services. Any of your information, including geolocational data, you upload, provide, or post on the GoGet.My platform may be accessible to certain spaces in the GoGet.My platform. We cannot verify or guarantee the accuracy of the information a poster provides us on the GoGet.My platform, and we do not control the information provided by other posters that is made available through our system. Therefore, GoGet.My cannot and does not confirm each poster's purported identity. You may find other poster's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the GoGet.My platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the GoGet.My platform, you agree to accept such risks and GoGet.My is not responsible for the acts or omissions of others on the GoGet.My platform. In order to help you evaluate with whom you are dealing, GoGet.My can link to a poster's facebook.com profile if they supply us with their facebook.com account information.
- Eternal Meteor Sdn. Bhd. owns and retains ownership of the GoGet.My platform, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this agreement, GoGet.My hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the GoGet.My platform on any desktop or mobile device that you own or control and as permitted by these terms and conditions of service. This license does not allow you to use the GoGet.My platform on any mobile device that you do not own or control, and you may not distribute or make the GoGet.My platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the GoGet.My platform. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the GoGet.My platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of GoGet.My and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by GoGet.My that replace and/or supplement the GoGet.My platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Eternal Meteor Sdn. Bhd. and the GoGet.My platform respect the intellectual property of others, and expects posters to do the same. If you believe, in good faith, that any materials on the services infringe upon your copyrights, please send the following information to GoGet.My vide the GoGet.My platform:
- a description of the copyrighted work that you claim has been infringed, including specific location on the services where the material you claim is infringed is located. Include enough information to allow GoGet.My to locate the material, and explain why you think an infringement has taken place;
- a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the url (internet address) where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
- Except as explicitly stated otherwise, any notices to GoGet.My shall be given by certified mail, postage prepaid and return receipt requested to:
ETERNAL METEOR SDN BHD.
NO 52, 1ST FLOOR
JLN SS 21/58
47400 PETALING JAYA
SELANGOR DARUL EHSAN
- Additionally, any notices to you shall be provided to you through the GoGet.My platform or given to you via the email address you provide to GoGet.My during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to GoGet.My during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
- To resolve a complaint regarding the service, you should first contact our customer service department by email at [email protected] If our customer service department is not able to resolve your complaint within 60 days from the date of the filing, you may write to us officially on the matter at the address above, failing a response within 14 days thereof, file a complaint with the Tribunal For Consumer Complaints Of Malaysia as stipulated in the Consumer Protection Act 1999.
BREACH & INDEMNITY
- Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if:
- you breach this agreement or the documents it incorporates by reference;
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause financial loss or legal liability for you, our posters or us, or subject GoGet.My or you or any other poster to regulation by any state or local government or regulatory agency; or
- if we suspect that you have engaged in fraudulent activity in connection with the GoGet.My platform or the services.
- You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including:
- your breach of this agreement or the documents it incorporates by reference;
- your violation of any law or the rights of a third party, including, without limitation, GoGetters, posters, posters, other motorists, and pedestrians, as a result of your own interaction with such third party,
- any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
- your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of deliveries to posters; and/or
- any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
ONLINE CONTENT DISCLAIMER
- Opinions, advice, statements, offers, or other information or content made available through the services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the services and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the services, or transmitted to posters. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the services. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "content") that you post in the public areas of the services and in your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of posters or others. E-mails sent between you and other posters that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
- The GoGet.My platform contains (or you may be sent through the GoGet.My platform or the services) links to other web sites ("third party sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "third party applications, software or content"). Such third party sites and third party applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the GoGet.My platform or any third party applications, software or content posted on, available through or installed from the GoGet.My platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content. Inclusion of, linking to or permitting the use or installation of any third party site or any third party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the GoGet.My platform and access the third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the GoGet.My platform or relating to any applications you use or install from the GoGet.My platform.
- In the event that you have a dispute with one or more posters, you agree to release GoGet.My and Eternal Meteor Sdn. Bhd. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other posters or to your use of the GoGet.My platform or the services. In other words, you are solely responsible for your interactions with other posters. We reserve the right, but have no obligation, to monitor disputes between you and other posters. Please carefully select the type of information that you post on the GoGet.My platform or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other posters or posters (including unauthorized posters, or "hackers"). GoGet.My only offers a venue that enables GoGetters and posters to match with each other. GoGet.My does not offer delivery services and GoGet.My is not a delivery company. We are not involved in the actual delivery provided by GoGetters to posters. As a result, we have no control over the quality or reliability of the delivery that occurs as a result of the service; nor do we have any control over the truth or accuracy of the of posters' information listed on the GoGet.My platform. We cannot ensure that a GoGetter or poster is who he or she claims to be or that a GoGetter or poster will actually complete an arranged service. We reserve the right to change any and all content, software and other items used or contained in the GoGet.My platform and the services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by GoGet.My or the GoGet.My platform.
- The GoGet.My platform and the services may be temporarily unavailable from time to time for maintenance or other reasons. GoGet.My assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, poster communications. GoGet.My is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, on the GoGet.My platform, on any web site or any combination thereof, including injury or damage to poster's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services.
LIMITATION OF LIABILITY
- We at GoGet.My and Eternal Meteor Sdn. Bhd., our subsidiaries, officers, directors, employees and our suppliers provide the GoGet.My platform and the services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the GoGet.My platform and/or the services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the services will be corrected, or that the services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each poster is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the GoGet.My platform or the services by persons under the age of 18 in violation of this agreement. We are not responsible or liable in any manner for any content posted on the GoGet.My platform or in connection with the service, whether posted or caused by posters of the GoGet.My platform, by GoGet.My, by third parties or by any of the equipment or programming associated with or utilized in the GoGet.My platform or the services. Although we provide rules for poster conduct and postings, we do not control and are not responsible for what posters post, transmit or share on the GoGet.My platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the GoGet.My platform or in connection with any content. GoGet.My is not responsible for the conduct, whether online or offline, of any poster of the GoGet.My platform or services. It also is possible for others to obtain personal information about you due to your use of the GoGet.My platform or the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the GoGet.My platform or through the services.
- In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or direct damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with GoGet.My, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the tasks posted on the GoGet.My using the services in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of GoGet.My or the services, including, without limitation, to damages arising out of communicating and/or meeting with other posters of GoGet.My or the services, or introduced to you via GoGet.My or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to up to 10% or the value of the good in question or RM 100.00, whichever is lower.
- You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to GoGet.My’s business, operations and properties (“confidential information”) disclosed to you by GoGet.My for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any confidential information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information of GoGet.My in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to GoGet.My with regard to any confidential information which you can prove: (a) was in the public domain at the time it was disclosed by GoGet.My or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with the prior written approval of GoGet.My; (d) becomes known to you, without restriction, from a source other than GoGet.My without breach of this agreement by you and otherwise not in violation of GoGet.My’s rights;or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to GoGet.My to enable GoGet.My to seek a protective order or otherwise prevent or restrict such disclosure.
- Either you or we may terminate your participation in the GoGet.My platform by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the GoGet.My platform is terminated, you remain bound to the terms of confidentiality in this service term and condition.
RESOLUTION OF DISPUTES AND LEGAL CLAIMS
- Legal disputes or claims between the parties which cannot be resolved informally will be submitted to friendly negotiations first between their legal counsels before further submitting the same for mediation in Malaysia. Parties may elect arbitration or court as the finality of the dispute for a binding decision. In the event of arbitration, the arbitration shall be conducted by the Kuala Lumpur Regional Centre For Arbritration (“KLRAC”) as governed by the Arbritration Act 2005. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the GoGet.My platform and/or the services (including your use of the GoGet.My platform and/or the services) be instituted more than 6 years after the cause of action arose.