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Warehouse Shelves

Packxpert Terms of Service

General Terms
LAST UPDATED ON: 16TH FEB 2024

 

Welcome on board to Packxpert, a one stop fulfilment centre that caters your daily order fulfilment need.

 

THIS PACKXPERT SERVICES AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND PACKXPERT. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY”).

 

As used in this Agreement, "we," "us," and "Packxpert" means the applicable Packxpert Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its affiliates. Capitalised terms have the meanings given to them in this Agreement. If there is a conflict among terms in this Agreement, the applicable Service Terms will prevail over the General Terms.

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  1. Enrolment
    To begin the enrolment process, you must complete the registration process. Use of the services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, business address, pick-up address, phone number and e-mail address. We may at any time cease providing any or all of the Services at our sole discretion and without notice.

     

  2. Service Fee Payments & Cash-On-Delivery (COD) Collection Payment
    You are responsible for all of your expenses in connection with this Agreement. All COD payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us. If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Packxpert or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Packxpert or third parties persist. For any amounts that we determine you owe us for more than 1 invoice month, we may (a) offset any amounts that are payable to you by us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to Your Bank Account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency (MYR), and all payments contemplated by this Agreement will be made in the Local Currency (MYR).

     

  3. Term and Termination
    The term of this Agreement will start on the date of your completed registration for or use of a Service, whichever occurs first, and continue until terminated by us or you as provided in this Agreement (the "Term"). We may terminate or suspend this Agreement or any Service for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means then specified by Packxpert. Upon termination, all rights and obligations of the parties under this Agreement will terminate, except that Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10 will survive termination. Any terms that expressly survive according to the applicable Service Terms will also survive termination.

     

  4. Representations

    You represent and warrant to us that:
     

    1. if you are a business, you are duly organised, validly existing and in good standing under the Laws of the country in which your business is registered and that you are registering for the Service(s) within such country; 
       

    2. you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorisations in this Agreement; 
       

    3. any information provided or made available by you is at all times accurate and complete; and 
       

    4. you and all of your subcontractors, agents, and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

       

  5. Disclaimer & General Release
     

    1. THE PACKXPERT SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE PACKXPERT SITES, THE SERVICES,  AND THE SYSTEM AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PACKXPERT SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
       

    2. BECAUSE PACKXEPRT IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES PACKXPERT (AND ITS AGENTS 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 WITH SUCH DISPUTES

       

  6. Limitation of Liability
    WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF PACKXPERT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES.

     

  7. Insurance

    If the gross proceeds from Your Transactions exceed the applicable Insurance Threshold under Insurance Limit during each month over any period of three (3) consecutive months, you are entitled for our Theft, Armed Robbery Or Holdup Insurance of RM5000.00 for every cubic meter, or otherwise if requested by us, then within thirty (30) days thereafter, you will maintain at your expense throughout the remainder of the Term for each applicable Elected Country commercial general, umbrella or excess liability insurance with the Insurance Limits per occurrence and in aggregate covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, with policy naming Packxpert and its assignees as additional insureds.

    “Insurance Threshold” means the applicable of the following:

    - Five Thousand Ringgit Malaysia (RM5,000)


    “Insurance Limit” means the applicable of the following:
    - One Million Ringgit Malaysia (RM1,000,000)

     

  8. Confidentiality
    During the course of your use of the Services, you may receive information relating to us or to the Services, that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain Packxpert’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

     

  9. Force Majeure
    We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

     

  10. Suggestions and Other Information
    If you or any of your alliances elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Packxpert Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content.

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Service Terms

 

These Service Terms are part of the Agreement, and, unless specifically provided otherwise, concern and apply only to your participation in Packxpert. BY REGISTERING FOR OR USING PACKXPERT, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE PACKXPERT SERVICE TERMS. You expressly agree that Packxpert may engage its partner or alliance or a third party in order to complete one or more of the fulfilment and associated services outlined below.

 

 

Fulfilment Services

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  1. Products
    Once you are accepted into Packxpert, you must apply to register each product you offer that you wish to include in the Packxpert services. We may refuse registration in Packxpert of any product, including on the basis that it is an excluded product or that it violates applicable policies. You may at any time withdraw registration of any of Your Products from Packxpert.

     

  2. Product & Shipping Information
    You will, in accordance with applicable policies, provide in the format we require accurate and complete information about your products registered in Packxpert system. You will promptly update any information about your products in accordance with our requirements and as necessary so that the information is at all times accurate and complete.

     

  3. Shipping to Packxpert
     

    1. You will be responsible for all costs incurred to ship the products to Packxpert warehouse (including cost of freight and transit insurance) and Packxpert will not pay any shipping costs. You are responsible of all customs, duties, taxes, and other charges. In the case of any improperly packaged, we may return the products to you at your expenses or re-package or re-label the products and charge you an administration fee.
       

    2. Title and risk of loss for any products shipped will remain with you, and our provision of such shipping rates will not create any liability or responsibility for us with respect to any delay, damage, or loss incurred during shipment. You authorised the applicable carrier to provide us with all shipment tracking information.
       

    3. If you ship products from other country to our warehouse, you will list yourself as the importer or consignee and nominate a custom broker. If Packxpert is listed on any import documentation, Packxpert reserves the right to refuse to accept the products and any cost assessed against or incurred by Packxpert will be collected from your side, offset from amounts payable to you, or by other method at our election.
       

    4. Before you make a shipment to Packxpert, make sure that we are notified at least 3 working days before the delivery was made. We may delay the process of inbound if you did not notify us 3 days before the shipment.

       

  4. Storage
    We will provide storage services as described in these Packxpert Service Terms once we confirm delivery order. We will keep e-records that track inventory of products in the Packxpert system. If there is loss or damage to any products while they are being sorted, we will reimburse you in accordance, and you will, at our request, provide us a valid tax invoice for the compensation paid to you. If we reimburse you for a product, we are entitled to dispose the products. At all other times, you will be solely responsible for any loss of, or damage to, any products. Once we have signed the Delivery Order, it does not: (a) indicate or imply that any product has been delivered free of loss or damage, or that any loss or damage to any product later discovered occurred after signing Delivery Order; (b) indicate or imply that we actually received the number of units of Your Product(s) specified by you for such shipment; or (c) waive, limit, or reduce any of our rights under this Agreement. We reserve the right to impose, and change from time to time, scheduling restrictions and volume limitations on the delivery and storage of your inventory in fulfilment centres, and you will comply with any of these restrictions or limitations.

     

  5. ​Fulfilment
    As part of our fulfilment services, we will ship daily order(s) from our warehouse to the shipping addresses in the elected countries included in valid customer orders, or submitted by you as part of a fulfilment request, with a valid order format. If you elect to participate in our export fulfilment services, we will also ship your order(s) that we determine to be eligible (each, a "Foreign-Eligible Product") to Foreign Addresses within countries we determine to be eligible for foreign shipments, subject to the additional terms on foreign shipments.

     

  6. Customer Returns
     

    1. You will be responsible for and will accept and process returns of, and provide refunds and adjustments for, in accordance with the Agreement.
       

    2. We will receive and process return orders that were shipped to addresses within the elected country in accordance with the terms. Any sellable products that are properly returned will be placed back into the inventory, and will be stock-in to the Packxpert System.
       

    3. We will, at your direction, either to re-ship or dispose or restock of any returned sellable products to us, with subjects to a Return Handling Fee.

       

  7. Customer Service
     

    1. We will responsible for and have sole discretion regarding all customer service issue relating to packaging, handling and shipment, and customer returns. Any queries regarding the shipment can be raised by you to the dedicated customer service, we will then, escalate the issue to our partner courier company.
       

    2. In the event where the wrong item was delivered, or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents, contractors, or alliances, we will, as your sole and exclusive remedy to do a refund process and reimburse you in accordance with the Courier Company Guidelines (and you will, at our request, provide us a valid tax invoice for the compensation paid to you).
       

    3. If we had provided a refund as described in Section 7(2) to you and the customer returns the original products to us, we will be entitled to dispose the unit, or, if it is still a sellable product, we may, at your option, place such product back into the inventory. If we do put such product back to the inventory, you will reimburse us for the applicable Replacement Value of the returned product. 

       

  8. Effect of Termination
    Following any termination of the Agreement or these Packxpert Service Terms, we will, as directed by you, return to you or dispose of the products. If you fail to direct us to return or dispose of the products within thirty (30) days after termination, then we may elect to return and/or dispose of the products in whole or in part, and you will be deemed to have consented to our actions. Upon any termination of these Packxpert Service Terms, all rights and obligations of the parties under these Packxpert Service Terms will be extinguished, except that the rights and obligations of the parties under Sections 1, 2, 3, 4, 5, 6, and 7 with respect to products received or stored by Packxpert as of the date of termination will survive the termination.

     

  9. Tax Matters
    You understand and acknowledge that storing products at fulfilment centres may create tax nexus for you, and you will be solely responsible for any taxes owed as a result of such storage. If any Foreign Shipment Taxes or Your Taxes are assessed against us as a result of performing services for you, you will be responsible for such Foreign Shipment Taxes and Your Taxes and you will indemnify and hold Packxpert harmless from such Foreign Shipment Taxes and Your Taxes.

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