General Terms & Conditions of Domestic Transport and Delivery Services

When using ParcelKing’s services for domestic transport and delivery of Shipment, you as “Customer”, are agreeing, on your behalf and on behalf of the recipient of the Shipment and anyone else with an interest in the Shipment, that this Terms and Conditions shall apply. ParcelKing reserves the right to, including but not limited to amend, change, modify the contents of this Terms and Conditions at its absolute discretion from time to time. Any revisions to this Terms and Conditions will be posted on ParcelKing Website. The Customer’s continued use of ParcelKing’s services through ParcelKing Website shall constitute the Customer’s agreement to the revised version of this Terms and Conditions.

1. Definitions
“ParcelKing” means PK Group Logistics Sdn Bhd.

"ParcelKing Website" refers to the Website accessible via http://myparcelking.com/, software, database, contents, functionality, features, any linked web-sites, derivative works, information and print-outs thereof.

“Customer” refers to the sender, its employees, principals and/or agents and/or consignees and/or recipients.

“Shipment” means one or more parcel items containing goods or items which may be transported or delivered by any means of transport selected by ParcelKing.

2. Registration of Account
During registration of an account with ParcelKing Website, the Customer shall:

a) provide accurate, complete and up to date registration information together with the necessary supporting documents;
b) safeguard its own username and password; and
c) authorise ParcelKing to assume that any person using ParcelKing Website with the Customer’s username and password is authorised to act for the Customer.

3. Pick-up
a) ParcelKing takes all pick-up arrangement data as per the Customer’s input on the ParcelKing Website. Pick-up arrangement is deemed valid only if it is submitted successfully. If no pick-up was performed, the Customer is responsible to notify ParcelKing and ParcelKing shall re-arrange another collection from the Customer.
b) The Customer shall bear and pay all expenses and losses incurred by ParcelKing by reason of any incorrect pick-up arrangement data provided by the Customer.

4. Delivery
a) ParcelKing shall reserve the right to refuse delivery of any Shipment at its absolute discretion.
b) ParcelKing shall deliver the Customer’s Shipment by any means of transport as it deems fit. ParcelKing shall be entitled to subcontract on any terms the whole or any part of the delivery undertaken by ParcelKing in relation to the Shipment and the Customer irrevocably authorise ParcelKing to enter into such subcontract as agents on behalf of the Customer.
c) ParcelKing shall be entitled, but under no obligation, to open and/or scan any Shipment at any time and to inspect the contents. If it appears at any time that the Shipment cannot safely or properly be delivered, either at all or without incurring any additional expense or taking measures in relation to the Shipment, ParcelKing may without notice to the Customer take any measures and/or incur any reasonable additional expense to carry or continue the delivery thereof, and/or to cancel the delivery, whichever the ParcelKing in his absolute discretion considers most appropriate. The Customer shall indemnify ParcelKing against any reasonable additional expense so incurred. ParcelKing in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
d) ParcelKing will endeavour to deliver the Shipment in accordance with the usual delivery schedule and is not obliged to deliver the Shipment within any time limit. ParcelKing shall not be liable for any damage or loss howsoever caused by delays in delivering the Shipment. ParcelKing’s only responsibility is to deliver the Shipment to the address as per the Customer’s input on ParcelKing Website.
e) ParcelKing may deliver a Shipment to the recipient provided by the Customer on ParcelKing Website or to any other person appearing to have authority to accept delivery of the Shipment on the Customer’s instruction. ParcelKing does not warrant that the Shipment will be handled delicately and the Customer shall expect rough handling of the Shipment throughout the delivery. The Customer shall provide correct and complete details of the recipient and address of delivery for each Shipment to enable ParcelKing to perform the delivery effectively.
f) If at any time the delivery of Shipment is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Shipment), whenever and howsoever arising (whether or not the delivery has commenced) ParcelKing may without notice to the Customer cease the delivery of the Shipment and where reasonably possible place the Shipment or any part of them at the Customer’s disposal at any place which ParcelKing may deem safe and convenient, whereupon delivery shall be deemed to have been made and the responsibility of ParcelKing in respect of such Shipment shall cease. In any event ParcelKing shall be entitled to full Charges on Shipment received for delivery and the Customer shall pay any additional costs resulting from the above mentioned circumstances.
g) Once the Shipment is delivered to the place of delivery specified by the Customer, though not necessarily personally to a recipient named in person, ParcelKing shall be deemed to have discharged its responsibility. ParcelKing shall be deemed to have delivered the Shipment unless notice of loss of, or damage to the Shipment, indicating the general nature of such loss or damage, shall have been given in writing to ParcelKing or to their representative at the place of delivery before or at the time of removal of the Shipment into the custody of the person entitled to delivery thereof.

5. Customer’s Obligations
a) The Customer shall be solely responsible for proper marking, labeling and packaging of any Shipment and that the contents are adequately and securely packed, wrapped and cushioned for transportation. The description and particulars of the Shipment are provided by the Customer on ParcelKing Website and the Customer warrants to ParcelKing that the description and particulars provided therein, including but not limited to weight, content, measure, quantity, quality, condition, marks, numbers and value are accurate, complete and correct. The Customer shall also provide the necessary documents, including but not limited to photograph and official receipt evidencing the value of the content therein.
b) ParcelKing does not provide a protective service for the delivery of perishable Shipment which require protection from heat or cold. Such Shipment susceptible to change of temperature will be accepted for delivery solely at the risk of the Customer for any damage arising from the delivery.
c) The Customer shall comply with all applicable laws, regulations and requirements of relevant authorities and shall bear and pay all duties, taxes, fines, expenses and losses (including without prejudice to the generality of the foregoing, charges for any additional transportation undertaken) incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Shipment.
d) The Customer undertakes that the Shipment is packed in a manner adequate to withstand the ordinary risks of transportation having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.
e) No Shipment which are or may become dangerous, inflammable, damaging, injurious (including radioactive materials), noxious or which are or may become liable to damage any property or person whatsoever shall be tendered to ParcelKing for delivery without ParcelKing’s express consent in writing. If any such Shipment are delivered to ParcelKing without such written consent and if in the opinion of ParcelKing the Shipment are or are liable to become dangerous, inflammable and/or damaging in nature, the same may at any time be unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Customer and without prejudice to ParcelKing’s right to additional charges incurred by ParcelKing from the Customer.
f) Whether or not the Customer was aware of the nature of the Shipment, the Customer shall indemnify ParcelKing against all claims, losses, damages or expenses arising in consequence of the delivery of such Shipment.

6. Items not acceptable for Delivery
a) ParcelKing shall not carry the following items:
    (i) dangerous, hazardous, combustible, radioactive, explosive, corrosive, biohazard, inhalation hazard, perishables (save for those which are acceptable by ParcelKing), poisonous gases, prohibited drugs;
    (ii) currency (note or coin) of any nationality or negotiable instrument equivalent to cash (i.e. endorsed stock, bond, cheque);
    (iii) fraudulent, imitation, counterfeit, stolen, pilferage or illegal goods;
    (iv) live animals or plants (save for those which are acceptable by ParcelKing); and
    (v) any item that is prohibited by law.
b) Should the Customer tender for Shipment any items as aforesaid with ParcelKing, the Customer shall indemnify and keep ParcelKing harmless against any direct or indirect claim, loss, damage, including legal cost (on a solicitor-and-client basis) in connection therewith. ParcelKing shall be vested with the right to deal with such Shipment in any manner as it deems fit, including the right to abandon and destroy the Shipment without further reference to the Customer. ParcelKing shall exclude its liability howsoever arising from such Shipment accepted by mistake on the part of ParcelKing.
c) In the event ParcelKing agrees to deliver any live animals or plants, ParcelKing shall not be responsible for the survival of such animals or plants upon delivery and it shall be the sole responsibility of the Customer to provide proper packaging and ensure the suitability of health condition of such Shipment for transportation.

7. Liability
a) Every Shipment is transported on a limited liability basis on the terms stated herein. Subject to this Terms and Conditions, ParcelKing shall only be liable for direct loss and damage to a Shipment and to the limits of the actual value/cost of the Shipment. All other types of loss or damage are excluded (including but not limited to loss of 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 ParcelKing’s attention before or after acceptance of the Shipment.
b) It is compulsory for every Customer to purchase insurance with ParcelKing covering the actual cash value in respect of loss of or physical damage to the Shipment and pay the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delay.
c) If the Shipment is partially lost or partially damage, then it will be compensated based on the level of damage or loss. If the partially lost or damaged parcel can be properly functioned upon repair, then it will be compensated based on the repair value.

8. Situation where ParcelKing shall not be held liable
a) ParcelKing shall not be liable for the Customer’s failure to comply with the conditions herein or resulting from Customer’s acts, negligence, default, misconduct or omission, including but not limited to inaccurate description of any Shipment; inadequate or inappropriate packaging, securing, marking or addressing of any Shipment; or for the act, default, negligence, misconduct, omission, violation of any conditions herein of the recipient or anyone who has interests in the Shipment.
b) ParcelKing shall not be liable for any loss, damage, delay, shortage, mis-delivery, non delivery, misinformation or failure to provide information in connection with Customer’s Shipment which is:
    (i) beyond the reasonable control of the management of ParcelKing;
    (ii) resulting from Acts of God; and
    (iii) by the occurrence of a force majeure event including but not limited to severe weather, fire and flood, war, rebellion, sabotage, riot, terrorism, strike or industrial dispute of whatsoever nature, act or omission of local or overseas public authority and changes in applicable law, disruption of air or ground network, mechanical problems to modes of transportation / machinery or material shortage (i.e. fuel and electricity).
c) ParcelKing shall not be liable for any losses and damages caused by any fraud, wilful acts, reckless acts, acts, omissions, gross negligence of any person (including its employees, servants, agents, affiliates, contractors, their agents and their respective employees / agents) and shall not be vicariously liable for any such action or omission for which the management of ParcelKing has exercised reasonable diligence

9. Claims
a) All claims shall be made in writing to ParcelKing within thirty (30) days from the date that ParcelKing picked up the Shipment, failing which ParcelKing shall have no liability whatsoever.
b) The content, original shipping carton and packaging of the Shipment shall be made available to ParcelKing for inspection and retained until the claim is concluded. No claim shall be entertained unless all outstanding amounts due to ParcelKing from the Customer have been fully settled.

10. Indemnification
Customer irrevocably agrees to indemnify, defend, release and hold harmless ParcelKing as against any and all liabilities, claims, demands, suits, judgments, damages, losses, costs and legal fee (on a solicitor and client basis) in connection therewith or incident thereto, arising out of Customer’s failure to comply with the conditions herein or resulting from Customer’s negligence, acts, defaults, misconduct or omissions or the Customer’s errors in the declaration of the Shipment or the provision of erroneous information relating to the Shipment or non-declaration of the dangerous nature of the Shipment and/or the failure of the Customer to comply with all applicable laws and regulations which apply to the Shipment.

11. Lien
ParcelKing shall have a lien on the Shipment and any documents relating thereto for all sums whatsoever due at any time to ParcelKing under this contract. ParcelKing shall also have a lien against the Customer on the Shipment and any documents relating thereto for all sums due from the Customer to ParcelKing under any other contract. ParcelKing may exercise their lien at any time and at any place in their sole discretion, whether the delivery is completed or not.

12. Payment
a) All rates charged will be according to the rate proposal agreed or to be agreed between the Customer and ParcelKing. In the event of dispute as to the calculation of the volumetric weight and/or the applicable rate, the calculation made by ParcelKing shall be final and binding.
b) All invoices shall be due and payable by the Customer, without deduction or set-off, within the credit period granted by ParcelKing.
c) In case of non-payment by the Customer of any outstanding amount, ParcelKing shall be entitled to suspend any or all of the services, charge interest on all overdue amounts from the due date until payment and/or exercise such other right or remedy in respect of such outstanding amount.
d) Parcelking website is operates topup model , customer need to purchase credit via our website by Payment Gateway , Credit Card or Touch n Go.
e) Once payment for a top-up Credit is completed, NO refunds will be given.
f) No matter what the circumstances, the remaining balance in the wallet cannot be refunded or withdrawn.
g) Refund only accept when order is fully cancelled and haven't been scanned by our courier partners. Then shipping fee will auto refund to customer wallet ,there shall be no cash refund for cancelled orders .

13. Termination of Account
Access to the ParcelKing Website may be terminated, suspended or modified at any time by ParcelKing for any reason, without notice to the Customer. Upon such suspension or termination, you must immediately (a) discontinue use of ParcelKing Website, and (b) destroy any copies. Our disclaimer will nevertheless survive any such termination.

14. Data Protection
subject to the protection of applicable privacy and data protection laws and regulations, ParcelKing shall limit the disclosure and processing of the personal data to such extent as is reasonably required to effect performance of the services and for such other purposes as may be required by law. The Customer warrants that all personal data provided to ParcelKing has been fairly and lawfully obtained and the Customer has authority to disclose such personal data to ParcelKing for the purposes mentioned above. The Customer shall fully indemnify and keep ParcelKing fully indemnified against any and all liability incurred by ParcelKing as a result of such breach howsoever arising.

15. Severability
The invalidity or unenforceability of any provision of this Terms and Conditions shall not affect any other part of this Terms and Conditions.

16. Governing Law
The Terms and Conditions are governed by the laws in force in Malaysia.

17. Entire Agreement
This Agreement constitutes the entire and only agreement between ParcelKing and the Customer, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to ParcelKing Website, the content, products or services provided by or through the ParcelKing Website, and the subject matter of this Agreement. This Agreement may be amended at any time by ParcelKing from time to time without specific notice to the Customer. The latest Agreement will be posted on ParcelKing Site, and the Customer should review this Terms and Conditions prior to using ParcelKing Website.