Terms and Conditions

Essential – please read these terms carefully.

By utilizing this Service, you concur that you have read, comprehended, acknowledged and concurred with the Terms of Use. In the event that you don’t consent to the terms and wish to suspend utilizing the Service, kindly don’t keep utilizing this App. The terms and conditions expressed in this (by and large, the “Terms of Use”) constitute a lawful understanding in the middle of you and Delyva. (the “Organization”). Keeping in mind the end goal to utilize the Service (every as characterized underneath) you must consent to the Terms of Use that are set out beneath. By utilizing the portable application supplied to you by the Company (the “Application”), and downloading, introducing or utilizing any related programming supplied by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), all things considered, the “Administration”), you thus explicitly recognize and consent to be bound by the Terms of Use, and any future corrections and increases to this Terms of Use as distributed every now and then at www.delyva.com or through the Application.

The Company maintains whatever authority is needed to alter, shift and change the Terms of Use or its arrangements identifying with the Service whenever as it esteems fit. Such adjustments, varieties as well as changes to the Terms of Use or its strategies identifying with the Service should be successful upon the posting of an overhauled adaptation at www.delyva.com. You concur that it might be your obligation to survey the Terms of Use consistently furthermore the Terms of Use pertinent to any nation where you utilize the Service which may vary from the nation where you enrolled for the Application (“the Alternate Country”) whereupon the proceeded with utilization of the Service after any such changes, regardless of whether evaluated by you, should constitute your agree and acknowledgment to such changes. You further concur that utilization of the Service in the Alternate Country might be liable to the Terms of Use winning for the Alternate Country which can be found at www.delyva.com.

Representations and Warranties

By utilizing the Service, you expressly represent and warrant that you are lawfully qualified for acknowledge and consent to the Terms of Use and that you are no less than 18 years of age. Without restricting the sweeping statement of the previous, the Service is not accessible to persons less than 18 years old or such persons that are illegal for any reason at all to go into a contractual relationship. By utilizing the Service, you further speak to and warrant that you have the right, power and ability to utilize the Service and to keep the Terms of Use. You further affirm that all the data which you give might be genuine and exact. Your utilization of the Service is for your sole, individual utilization. You embrace not to approve others to utilize your personality or client status, and you may not dole out or generally exchange your client record to some other individual or substance. At the point when utilizing the Service you consent to conform to every single relevant law whether in your home country or generally in the nation, state and city in which you are available while utilizing the Service.

You might just get to the Service utilizing approved means. It is your obligation to check to guarantee that you have downloaded the right Software for your gadget. The Company is not at risk on the off chance that you don’t have a perfect gadget or on the off chance that you have downloaded the wrong form of the Software to your gadget. The Company holds the privilege not to allow you to utilize the Service if you utilize the Application and/or the Software with an incongruent or unapproved gadget or for purposes other than which the Software and/or the Application is expected to be utilized.

By utilizing the Software or the Services, you concur that:

  • You will just utilize the Service for legal purposes;
  • You won’t utilize the Application for sending or putting away any unlawful material or for fake purposes;
  • You won’t utilize the Application and/or the Software to bring about disturbance, irritation, disadvantage or make fake bookings;
  • You won’t utilize the Service, Application and/or Software for purposes other than getting the Service;
  • You might not contact the Third Party COURIER Provider for purposes other than the Service;
  • You won’t disable the correct operation of the system;
  • You won’t attempt to hurt the Service, Application and/or the Software in any capacity at all;
  • You won’t duplicate, or appropriate the Software or other substance without composed consent from the Company;
  • You will just utilize the Software and/or the Application for your own utilization and won’t exchange it to an outsider;
  • You won’t duplicate, or disperse the Software or other substance without composed consent from the Company;
  • You will keep secure and classified your record secret key or any distinguishing proof we give you which permits access to the Service;
  • You will furnish us with whatever verification of character we might sensibly ask;
  • You will just utilize an entrance point or information account (AP) which you are approved to utilize;
  • You are mindful that when asking for a dispatch administration by SMS or utilization of the Service, standard telco charges will apply;
  • You concur that the Service is given on a sensible exertion premise;
  • You concur that your utilization of the Service will be liable to the Company’s Privacy Policy as may be revised every now and then.

Payment

You may decide to pay for the Service with charge card or through the online payment entryway. If you decide to pay for the Service via Card, you should register a legitimate Card as per the guidelines inside of the Application.

When you have finished an administration utilizing the Service, your installment will be deducted automatically and is non-refundable. On the off chance that you have any objections in connection to the messenger administration gave, then that debate must be brought up with the dispatch administration supplier straightforwardly.

We have the privilege to suspend the preparing of any exchange where we sensibly trust that the exchange may be fake, illicit or includes any criminal action or where we sensibly trust you to be in rupture of the Terms of Use.

You concur that you will participate in connection to any monetary wrongdoing screening that is obliged and to help us in agreeing to any overarching laws or regulations set up.

You might be mindful to determine any debate with your Card organization all alone.

Your plans will be renewed according to your latest top up package.

Your account credits are not cash refundable.

Your account credits will not expire.

We have the right to change, cancel, terminate or suspend the plans or any promotions without prior notice.

Weight, International shipment, and Surcharges

By entering the weight and dimensions of your shipment/s you are pre-paying for the postage. Shipment charges are calculated according to the higher of actual weight or volumetric weight and any shipment may be re-weighed and re-measured by the related courier to confirm this calculation. If the shipment/s is heavier or larger, extra charges for the additional weight will be charged to the sender’s account. Additional charges will be at DelyvaNow normal rate. DelyvaNow support team will be in contact with the sender when cases on weight discrepancy happen.

An extra charge for redelivery of any shipment may be done if the shipper or a person representing the shipper was not available at the shipment venue during the period set for collecting the shipment (both of which were set during the shipment order).

Any additional surcharges may be made towards shipments that are meant to be sent to, or collected from, outskirt areas. This will be charged to your Delyva account/debit or credit card when the charge amount is updated by the courier.

The automated system books and charges for the delivery. If the consignment/s has to be returned, then the return charge is chargeable.

You are pre-paying for the postage charges. Any customs charges will be passed on in addition, should they arise.

We may supply documentation to accompany your shipments. You will be advised of this at the time of ordering. This documentation must go with the shipment, if not your shipment could be delayed and the carrier may charge you a higher premium directly.

Prohibited Delivery Items

We won’t acknowledge any materials and items that may be dangerous or risky to taking care of staff. It is the sender’s obligation to agree to current government regulations or laws pertinent in every nation.

  • Alcohols
  • Creature skins / Furs / Any Animal Parts including meat / Ivory and ivory items
  • Articles of excellent worth (eg, masterpieces, obsolescents, valuable stones, gold and silver)
  • Box with Hazardous name – Items sent with a Hazardous name appended will be classed in that capacity. Don’t RE USE OLD HAZARDOUS BOXES
  • Cheques or Tickets that are not named
  • Unsafe products – eg Explosives/Fireworks/Christmas Crackers/Radioactive Materials/Deactivated or Replica Weapons and Munitions/Firearms/Swords/Knives/Ax/Chainsaw/Anything with a cutting edge bigger than 1.5 inches/Weapons
  • Dry Ice
  • Motors/Generators/Gearboxes or any part containing or having contained oil/petrol unless flushed through
  • Unsafe materials eg Paint/Adhesives/Chemicals/Flammable tars/solvents/fluids/Compressed Air & Empty barrels/Items containing any gasses – See Also Household products
  • Human Remains / Body Fluids
  • Fluids / Adhesives / Paint / Oil / Creams / Gels
  • Live / Dead creatures
  • Magnets or things containing ferro-attractive material
  • Cash, Keys, Negotiable things / Payment cards
  • Travel papers / Birth Certificates / Driving Licences
  • Tobacco and tobacco items
  • Wet or Lithium Batteries (excluding Dry Cell)
  • Composed Prescriptions / Prescribed Drugs / Medication / Any Controlled / Illegal substance

Delay / Damage / Loss

Any item that is listed in our prohibited items, will be exempted from any claim against delay, damage, and loss. Please check our Prohibited Items list for more information.
Your consignment/s must be packed to a professional standard. Any claim resulting from a parcel that is not packaged to a professional standard will be rejected. All items must be packed in a double-walled box with further padding surrounding the item. Please see our recommended packaging guidelines.

In the event of damage, all packaging must be kept for inspection. The item must be available for inspection in the state it was delivered, to the address it was delivered to. If the item is moved/repaired or if the packaging is not kept, the claim will be rejected.

Any item traveling through our services must be able to withstand a short drop, fragile items should not be sent through our services. Any item that is damaged as a result of a fall, with the packaging intact will therefore be declined. Please see our packaging guidelines for details on how to package your items correctly.

If the outside packaging is intact, then any claim for damage to the consignment will be invalidated as the internal packaging would not have been sufficient to protect the product.

If the box or packaging is clearly damaged on delivery, it is of paramount importance the recipient must sign for as 'DAMAGED' otherwise any claim for damage will be refused. It is the sender’s responsibility to inform the recipient of these terms and conditions.

There will be no refund on the shipping fee for all lost and damaged parcels.

All lost (delivered to the wrong receiver, parcel content is missing or swapped, no update on tracking status after collected by courier rider/dropped off to courier branch or point) and damaged parcels have to be reported within 24 working hours from the delivery of parcel based on Delyva’s record.

Lost and damaged parcels reported after the specified time frame will not be eligible for the compensation claim. Delyva and the service provider will not be responsible for any delay in responding to you about the same.

The compensation amount shall be based on the value declared during booking, the value stated on the invoice, or the maximum coverage offered by courier companies, whichever lower.

If at any time courier companies are prevented or delayed from starting, carrying out, or completing any of the services because of a strike, lockout, labor dispute, weather conditions, traffic congestion, mechanical breakdown, or obstruction of any public or private road or highway or any other cause beyond their control, you shall have no claim for damages against us for any loss that you may suffer as a result PROVIDED that, where the delay is caused by the mechanical breakdown of one of the courier vehicles, they shall use their best endeavors to provide a replacement vehicle with the minimum delay practicable.

We shall not in any circumstances be liable for any late delivery or missed delivery or failure to deliver caused by or contributed to by any deficient or ambiguous labeling of a consignment and you agree to be responsible for ensuring that such labeling is clear and unambiguous.

Liability & Claims

Delyva’s liability is strictly limited to direct loss and damage of the shipment. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to Delyva’s attention before or after acceptance of the Shipment.

  • Once payment for a top-up package is completed, NO refunds will be given
  • Credits for an account are ONLY valid for a year after the previous top-up payment date.
  • After a year, all credits (top-up and referral) will expire. If there is no new top-up in the next 12-months period, the referral credit will be erased.

Each service comes with a limited amount of Transit cover. If you require coverage on the full amount then you must cover the full value of the shipment as the additional cover replaces the inclusive liability cover.

Transit cover applies to per consignment only and not per parcel within a multi-parcel consignment.

In the event of a claim, a cost invoice will be needed to prove the value of the consignment/s and photos must be supplied for all damage claims.

If the item is not sufficiently packed, the claim will be rejected. Please check our guidelines before ordering.

If the item is not correctly labeled, the claim will be rejected.

Please check our Prohibited Items list to see if you are able to make a claim.

Any item that is listed in our Prohibited Items section will be exempt from our liability cover.

Permit Grant & Restrictions

The Company and its licensors, where appropriate, therefore allows you a revocable, non-selective, non-transferable, non-assignable, individual, restricted permit to utilize the Application and/or the Software, singularly for your own, non-business purposes, subject to the Terms of Use in this. All rights not explicitly allowed to you are saved by the Company and its licensors.

You might not:

  • permit, sublicense, offer, exchange, exchange, appoint, convey or generally industrially endeavor or make accessible to any outsider the Application and/or the Software in any capacity;
  • adjust or make subordinate works taking into account the Application and/or the Software;
  • make web “connections” to the Application or “edge” or “mirror” any Software on some other server or remote or web based gadget;
  • figure out or access the Software with a specific end goal to
  • fabricate a focused item or administration,
  • fabricate an item utilizing comparative thoughts, elements, capacities or illustrations of the Application and/or the Software, or
  • duplicate any thoughts, components, capacities or representation of the Application and/or the Software,
  • dispatch a computerized program or script, including, however not restricted to, web arachnids, web crawlers, web robots, web ants, web indexers, bots, infections or worms, or any system which may make different server demands every second, or unduly weights or obstructs the operation and/or execution of the Application and/or the Software,
  • utilize any robot, creepy crawly, site look/recovery application, or other manual or programmed gadget or procedure to recover, file, “information mine”, or in any capacity replica
  • post, disperse or replicate in any capacity any copyrighted material, trademarks, or other restrictive data without acquiring the earlier assent of the proprietor of such exclusive rights,
  • remove any copyright, trademark or other exclusive rights notification contained in the Service.

You may utilize the Software and/or the Application just for you are close to home, non-business purposes and might not utilize the Software and/or the Application to:

  • send spam or generally duplicative or spontaneous messages;
  • send or store encroaching, indecent, debilitating, offensive, or generally unlawful or tortious material, including material destructive to youngsters or violate of outsider security rights;
  • send material containing programming infections, worms, Trojan steeds or other unsafe PC code, records, scripts, operators or projects;
  • interfere with or disturb the respectability or execution of the Software and/or the Application or the information contained in that;
  • Attempt to increase unapproved access to the Software and/or the Application or its related frameworks or systems; or imitate any individual or element.

Intellectual Property Ownership

The Company and its licensors, where material, should own good, title and enthusiasm, including all related protected innovation rights, in and to the Software and/or the Application and by augmentation, the Service and any proposals, thoughts, improvement demands, input, suggestions or other data gave by you or whatever other gathering identifying with the Service. The Terms of Use don’t constitute a deal assertion and don’t pass on to you any privileges of possession in or identified with the Service, Software and/or the Application, or any protected innovation rights claimed by the Company and/or its licensors. The Company name, the Company logo, the Service, the Software and/or the Application and the Courier Service Providers’ logos and the item names connected with the Software and/or the Application are trademarks of the Company or outsiders, and no privilege or permit is conceded to utilize them. For the shirking of uncertainty, the term Software and Application in this should incorporate its particular segments, procedures and configuration in its aggregate.

Individual Data Protection Act

You concur and agree to the Company utilizing and preparing your Personal Data for the Purposes and in the way as recognized hereunder.

For the reasons of this Agreement, “Individual Data” implies data about you, from which you are identifiable, including however not restricted to your name, recognizable proof card number, conception authentication number, travel permit number, nationality, location, phone number, Mastercard or charge card subtle elements, race, sex, date of conception, email address, any data about you which you have given to the Company in enlistment frames, application shapes or whatever other comparable structures and/or any data about you that has been or may be gathered, put away, utilized and prepared by the Company every once in a while and incorporates delicate individual information, for example, information identifying with wellbeing, religious or other comparative convictions.

The procurement of your Personal Data is intentional. However in the event that you don’t give the Company your Personal Data, your solicitation for the Application may be inadequate and the Company won’t have the capacity to handle your Personal Data for the Purposes delineated beneath and may bring about the Company to be not able to permit you to utilize the Service.

The Company may utilize and process your Personal Data for business and exercises of the Company which should incorporate, without constraint the accompanying (“the Purpose”):

To perform the Company’s commitments in admiration of any agreement went into with you;

To furnish you with any administrations according to the Terms of Use in this;

To prepare your investment in any occasions, advancements, exercises, center gatherings, research studies, challenges, advancements, surveys, studies or any creations and to speak with you in regards to your participation thereto;

Process, oversee or confirm your application for the Service as per the Terms of Use thus;

  • To accept and/or process installments as per the Terms of Use thus;
  • To create, upgrade and give what is obliged compliant with the Terms of Use in this to address your issues;
  • To prepare any discounts, refunds as well as charges according to the Terms of Use thus;
  • To encourage or empower any checks as may be obliged according to the Terms of Use thus;
  • To react to inquiries, remarks and input from you;
  • To speak with you for any of the reasons recorded thus;
  • For interior managerial purposes, for example, reviewing, information investigation, database records;
  • For purposes of identification, anticipation and indictment of wrongdoing;
  • For the Company to consent to its commitments under law;
  • To send you alarms, pamphlets, upgrades, mailers, limited time materials, uncommon benefits, bubbly welcome from the Company, its accomplices, promoters as well as patrons;
  • To tell and welcome you to occasions or exercises sorted out by the Company, its accomplices, publicists, as well as patrons;

On the off chance that you don’t agree to the Company preparing your Personal Data for any of the Purposes, please inform the Company utilizing the bolster contact subtle elements as gave in the Application.

In the event that any of the Personal Data that you have given to us changes, for instance, on the off chance that you change your email location, phone number, installment points of interest or on the off chance that you wish to wipe out your record, please upgrade your subtle elements by sending your solicitation to the bolster contact subtle elements as gave in the Application.

We will, to the best of our capacities, impact such changes as asked for inside of 14 working days of receipt of such notice of progress.

By presenting your data you agree to the utilization of that data as set out as accommodation and in this Terms of Use.

Repayment

By consenting to the Terms of Use after utilizing the Service, you concur that you should shield, reimburse and hold the Company, its licensors and each such party’s guardian associations, backups, partners, officers, chiefs, individuals, representatives, lawyers and specialists innocuous from and against any cases, expenses, harms, misfortunes, liabilities and costs (counting lawyers’ charges and expenses) emerging out of or regarding:

  • your utilization of the Service, Software and/or the Application, your managing the outsider Transportation Providers, outsider suppliers, accomplices, publicists and/or supports, or
  • your infringement or rupture of any of the Terms of Use or any material law or regulation, regardless of whether referenced in this or
  • your infringement of any privileges of any outsider, including outsider Transportation Providers organized by means of the Service, or
  • your utilization or abuse of the Service, Software and/or the Application.

Disclaimer of Warranties

The organization makes no representation, guarantee, or surety as to the unwavering quality, opportuneness, quality, suitability, accessibility, exactness or culmination of the administrations, application and/or the product. The organization does not speak to or warrant that the utilization of the administration, application and/or the product will be secure, auspicious, continuous or slip free or work in blend with some other equipment, programming, framework or information,

  • • the administration will live up to your prerequisites or desires,
  • • any put away information will be exact or dependable,
  • • the nature of any items, administrations, data, or different materials acquired or got by you through the application will live up to your necessities or desires,
  • • slips or deformities in the application and/or the product will be rectified, or
  • • the application or the server(s) that make the application accessible are free of infections or other unsafe segments, or
  • • the application and/or the product tracks you or the vehicle utilized by the transportation supplier. The administration is given to you entirely on an “as seems to be” premise.

All conditions, representations and guarantees, whether express, inferred, statutory or generally, including, without restriction, any suggested guarantee of merchantability, wellness for a specific reason, or non-encroachment of outsider rights, are thusly barred and renounced to the most extreme degree. The organization makes no representation, guarantee, or surety as to the unwavering quality, security, opportuneness, quality, suitability or accessibility of any administrations, including yet not constrained to the outsider transportation administrations got by or from outsiders through the utilization of the administration, application and/or the product. You recognize and concur that the whole hazard emerging out of your utilization of the administration, and any outsider administrations, including however not constrained to the outsider transportation administrations remains exclusively and totally with you and you might have no plan of action at all to the organization.

Disclaimer of Warranties

The administration, application and/or the product may be liable to impediments, delays, and different issues inalienable in the utilization of the web and electronic correspondences including the gadget utilized by you or the outsider transportation supplier being broken, not associated, out of extent, exchanged off or not working. The organization is not in charge of any postponements, conveyance disappointments, harms or misfortunes coming about because of such issues.

Constraint of Liability

Any cases against the organization by you might in any occasion be restricted to the total measure of all sums really paid by and/or due from you in using the administration amid the occasion offering ascent to such claims. In no occasion might the organization and/or its licensors be obligated to you or anybody for any immediate, circuitous, correctional, uncommon, commendable, accidental, considerable or different harms of any sort or kind (counting individual damage, and loss of information, merchandise, income, benefits, use or other financial point of interest). The organization and/or its licensors should not be obligated for any misfortune, harm or damage which may be brought about by or created to you or to any individual for whom you have booked the administration for, including however not restricted to misfortune, harm or damage emerging out of, or in any capacity associated with the administration, application and/or the product, including yet not constrained to the utilization or failure to utilize the administration, application and/or the product, any dependence set by you on the culmination, exactness or presence of any promoting, or as a consequence of any relationship or exchange in the middle of you and any outsider supplier, publicist or backer whose publicizing shows up on the site or is alluded to by the administration, application and/or the product, regardless of the possibility that the organization and/or its licensors have been already instructed concerning the likelihood of such harms.

The organization does not and won’t survey nor screen the suitability, lawfulness, capacity, development or area of any outsider suppliers including outsider transportation suppliers, publicists and/or backers and you explicitly waive and discharge the organization from all risk, cases or harms emerging from or in any capacity identified with the outsider suppliers including outsider transportation suppliers, promoters and/or supports. The organization won’t be a gathering to question, arrangements of debate in the middle of you and such outsider suppliers including outsider transportation suppliers, publicists and/or supports. We can’t and won’t assume any part in overseeing installments in the middle of you and the outsider suppliers, including outsider transportation suppliers, promoters and/or supports. Obligation regarding the choices you make in regards to administrations and items offered through the administration, programming and/or the application (with every one of its suggestions) rests singularly with and on you. You explicitly waive and discharge the organization from all risk, cases, reasons for activity, or harms emerging from your utilization of the administration, programming and/or the application, or in any capacity identified with the outsiders including outsider transportation suppliers, publicists and/or supporters acquainted with you by the administration, programming and/or the application.

The nature of the outsider transportation administrations booked through the utilization of the administration is altogether the obligation of the outsider transportation supplier who at last gives such transportation administrations to you. You see, in this way, that by utilizing the administration, you may be presented to transportation that is possibly risky, hostile, hurtful to minors, dangerous or generally shocking, and that you utilize the administration at your own danger.

Notice

The Company may pull out by method for a general notification on the Application, electronic mail to your email address in the records of the Company, or by composed correspondence sent by Registered mail or pre-paid post to your location in the record of the Company. Such notice should be considered to have been given upon the lapse of 48 hours in the wake of mailing or posting (if sent by Registered mail or pre-paid post) or 1 hour in the wake of sending (if sent by email). You may pull out to the Company (such notice should be esteemed given when gotten by the Company) by letter sent by dispatch or enrolled mail to the Company utilizing the contact points of interest as gave in the Application.

Task

The understanding as constituted by the Terms of Use as adjusted every once in a while may not be doled out by you without the former composed endorsement of the Company however may be doled out without your assent by the Company. Any implied task by you disregarding this area might be void.

General

This Agreement should be represented by Malaysia law, without respect to the decision or clashes of law procurements of any purview, and any question, activities, cases or reasons for activity emerging out of or regarding the Terms of Use or the Service might be liable to the selective locale of the courts of Singapore to which you therefore consent to submit to.

If the law in an Alternate Country does not permit locale to be that of the courts of Malaysia or where judgment of a Malaysia court is unenforceable in the Alternate Country, uncertain debate should be alluded to discretion in Malaysia at the Malaysia Institute or Arbitrators (‘MIArb’), as per the Rules of the MIArb or falling flat which, such standards as may be material in the Alternate Country and might be led before an authority designated by the shared understanding of the Parties, coming up short such assertion, by the Director of the MIArb acting as per the Rules of the MIArb or such principles as may be appropriate in the Alternate Country.

No joint endeavor, organization, occupation, or office relationship exists between you, the Company or any outsider supplier as an aftereffect of the Terms of Use or utilization of the Service. In the event that any procurement of the Terms of Use is held to be invalid or unenforceable, such procurement should be struck and the remaining procurements might be upheld without bounds degree under law. This should, without restriction, additionally apply to the material law and ward as stipulated previously. The disappointment of the Company to uphold any privilege or procurement in the Terms of Use might not constitute a waiver of such right or procurement unless recognized and consented to by the Company in composing. The Terms of Use includes the whole assertion in the middle of you and the Company and supersedes all former or contemporaneous transactions or exchanges, whether composed or oral, between the gatherings with respect to the topic contained in this.

We have the right to amend any of the above terms & conditions from time to time without prior notice.