Our Standard Terms and Conditions
Please read these terms carefully. By using our Services and/or signing up on our Platform, and downloading, installing or using any associated software supplied by Dego (collectively known as the “Platform”) which overall purpose is to enable Clients (you, your) to be matched with Partners and Networks who are independent contractors of Dego to provide you with immediate or pre-scheduled (“Services”), you hereby acknowledge and agree to be bound by the following Terms and Conditions and any future amendments and additions to these Terms and Conditions as published from time to time. You further agree to the representations made by yourself below. If you do not agree with our Terms and Conditions, please cease all use of our Platform.
These Terms and Conditions set out the entire agreement between you and MyInteractiveLab Sdn Bhd trading as Dego (we, us, our), and supersedes any prior or inconsistent agreements, negotiations, representations and promises in relation to the subjects covered by it and in particular shall take priority over (a) any existing arrangements between Dego and you, and (b) any other terms submitted by you, whether oral or in writing.
YOU SHALL, AT ALL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE EMPLOYEE OR AGENT OF DEGO. UNDER NO CIRCUMSTANCES SHALL YOU OR YOUR EMPLOYEES LOOK TO DEGO AS HIS/HER EMPLOYER, OR AS A PARTNER, AGENT OR PRINCIPAL.
Client: a business entity or individual seeking Services via the Platform. Also used in these Terms and Conditions as a collective term for Senders and Recipients.
Sender: a person and/or entity who makes a Request by inputting the Information onto the Platform and pays Dego for the Request.
Recipient: a person and/or entity whose name and details are provided by the Sender as the person and/or entity who the Person/Parcel shall be delivered to.
Request: all the on-demand logistics technology , transportation or of one Person or more Parcels and Items requested by the Client to be collected from one address (Pickup Address) and transported or delivered to another address ( Address). When there are multiple Pickup and/or Addresses, we will consider them as multiple Services.
Network: a group of individuals or corporate entities that sign up with Dego via the Platform for the purposes of providing the Services. The definition includes individuals or corporate entities who may be added into a Network from time to time. Also used in these Terms and Conditions as a collective term for Administrators, Dispatchers and Partners who are part of a Network.
Administrator: belongs to a particular Network and has the administrative roles to manage all persons in his/her Network via the Platform.
Partner: a Partner can be (i) an individual who signs up with Dego via the Platform for the purposes of providing the Services, or (ii) an individual who, as a member of a Network, signs up with Dego via the Platform for the purposes of providing the Services.
Dispatcher: belongs to a particular Network and is able to manage all deliveries in his/her Network via the Platform.
Services: means all the on-demand logistics technology, transportation, pick-up and services that we, directly or indirectly, provide to you in relation to the of the Person, Parcel or Items.
Information: all data required by Dego to confirm a Request, which will include some or all of the following:
- Description of Person or Item(s) inside Parcel(s)
- Parcel(s) dimensions
- Parcel(s) weight(s)
- Value of Item(s) inside Parcel(s) (for insurance purposes)
- Sender’s name, email and telephone details (preferably a contact that can be reached while the is taking place)
- Pickup Address(full address, including company name, street name, building and unit numbers, postal code, and any other relevant instructions)
- Where different from Sender, the name, email and telephone details of the person is at the pick-up address or who will be handing the Parcel(s) to the Partners at the Pickup Address
- Address (full address, including company name, street name, building and unit numbers, postal code, and any other relevant instructions)
- The Recipient’s name, email and telephone details (mobile preferable)
- Special Handling or instruction or precaution to be taken in respect of the Request
Price: the price quoted to you before you confirm a Request. This is the amount payable by you for engaging our Services in relation to a particular Request. Your Request is confirmed once payment is made.
Delivery Window: the time slot during which the is to be completed.
Person: an individual person.
Item: each individual object inside a Parcel. A Parcel may include multiple Items, and a Request may include multiple Parcels.
Parcel: an Item or collection of Items wrapped in paper or inside any other container in order to be transported by the Partners.
Platform: refers to all websites, mobile apps or any other products or software provided by Dego from time to time.
Pickup Window: the time slot during which the Parcel(s) needs to be picked up from the Pickup Address.
Completion of Procedures: refers to one of the methods in which a can be completed. This method requires the Recipient or person receiving the Parcel on behalf of the Recipient to provide his/her name and signature.
Enhanced Completion of Procedures: refers to one of the methods in which a can be completed. This method requires the Recipient or person receiving the Parcel on behalf of the Recipient to do any or all of the following, as indicated on the Request:
- “Photograph and E-signature” – requires the Recipient or person receiving the Parcel on behalf of the Recipient to take a photograph or e-signature for verification purposes;
- “Collection of Photo ID” – requires a photo to be taken of the Photo ID of the Recipient or person receiving the Parcel on behalf of the Recipient; and/or
iii. “Collection of Order” – requires a photo to be taken of the Order.
Reference: a non-unique letter code that is computer-generated when a Request is confirmed.
Tracking ID: a long unique string of alphanumeric numbers, generated automatically by the computer when a Request is confirmed.
2.1. You must be 18 years old or over and must complete the registration process in order to engage our Services.
2.2. Unless previously authorised by Dego, Client may not sign up on our Platform with the intention to mark-up the Price to offer its customers our Services.
2.3. We reserve the right to decline a Request at our sole discretion, and we reserve the right to terminate your access to all or part of our services at any time without notice, if there is a breach to these Terms and Conditions.
3.1. Use of the Platform/ Engagement of our Services:
- You shall only use the Platform and/or our Services for lawful purposes.
- You shall not contact the Partners for purposes other than the Services.
- You shall not use the Platform for sending or storing any unlawful material or for fraudulent purposes.
- You shall not use the Platform to cause nuisance, annoyance, inconvenience or make fake Services.
- You shall not use the Platform for any purpose which may reasonably be said to harm the Platform in any way whatsoever.
- You shall not copy, or distribute the Platform or contents on the Platform to any persons without prior written permission from Dego.
- You shall not employ any means to defraud Dego or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by Dego to encourage new subscription or usage of the Platform by new or existing Clients.
- You shall not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity when providing details of your identity to Dego.
3.2. Use of Information: You shall not collect, use or disclose any information provided to you by Dego, Partners and/or Networks, either through the Platform or any other formats, for purposes other than the Services.
4.1. You warrant that each Parcel you send via our Services:
- is appropriately packaged in accordance with these Terms and Conditions, and complies with the Specifications as detailed in our FAQs;
- complies with all legal obligations regarding the transportation and of your Parcel(s) and you hereby agree to indemnify Dego for all losses, costs, damages and expenses incurred for any breach of this warranty; and
- is considered safe and legal and do not consist of Items that Dego are unable to deliver which include, without limitation:
- Explosives, firearms or other offensive weapons, flammable or hazardous materials, poisonous or infectious substances, blood or blood products (whether infectious or not)
- Deceased human
- Animal remains
- Live animals
- Share, certificates or other documents evidencing title to securities
- Original copies of any record, drawing, document or electronic recording of which duplicates or copies have not been made and kept by you
- Precious metals and stones
- Illegal narcotics or drugs
- Any parcel (or its contents thereof) of a value exceeding MYR 1,000.
4.2. You further warrant that:
- the Information is correct; and
- you have sole and exclusive title to the contents of the Parcel(s) and that you are entitled to have it delivered to the Recipient.
- REQUEST PROCESS
5.1. All Services must comply with our Specifications as detailed in our FAQs. If a Request does not comply with our Specifications then we may decline to deliver your Parcel(s). We may also terminate or suspend your account with us and charge you for our associated costs of this. You hereby agree to indemnify us for all costs incurred as a result of any non-compliance with our Specifications. In the case that a Request is non-compliant for reasons beyond your control, such as a fault in our Platform, you will not be liable for costs incurred as a result of the non-compliance.
5.2. When creating a Request, you must provide the necessary Information to Dego via our Platform or via another method where acceptable to Dego at its discretion. If you are making a Request on behalf of someone else, you are obliged to have obtained the consent of that person to provide his/her information to us. This clause shall in no way limit the generality of Clause 3.1 (Use of the Platform/Engagement of our Services) above.
5.3. We shall use the Information to process your Request, including, but not limited to, generating a list of Services which can be viewed by the Networks, Partners and Dego. The Information will also be processed in order for us to provide you with the Price. The Price quoted to you will be valid for 15 minutes, after which you will need to re-submit the Request to obtain a new Price.
5.4. You can agree to the Price and confirm the Request by making payment offline or online via our Platform. Payment may be made by invoice (cash, bank transfer or cheque) or PayPal. Please note that we do not retain the payment information which you provide to us. If you elect to pay via PayPal, you may wish to refer to their terms and conditions on how your information is being used.
5.5. We will confirm your order by email and/or text message after you have paid for your Request. The confirmation of the Request signifies our acceptance of your Request.
5.6. It is your responsibility to package your Items for appropriately. Please refer to our FAQs for our packaging requirements and Specifications. Dego will not accept liability for damage or breakage caused by poor packing which contravenes these requirements. Further, Dego will not accept Items which in the opinion of the Partners are inappropriately packed, or disparate loose unpacked Items. Services rejected on this basis will not be eligible for refund.
5.7. Dego may at any time inspect your Parcel(s) and refuse to complete a if we consider that it breaches Clause 4.1(c) above.
5.8. As a Sender, you will need to indicate on the Request your instructions on how the is to be completed. The can be completed by requesting the Recipient to perform the Completion of Procedures and/or Enhanced Completion of Procedures. The Sender is responsible to ensure that the Recipient or person acting on behalf of the Recipient agrees to provide our Partners with the information as requested in the chosen Completion of Procedures or Enhanced Completion of Procedures. In the event where the Recipient or person acting on behalf of the Recipient refuses to provide our Partners with the necessary information, the Parcel will be returned to the Sender and no refund of the Price will be available.
5.9. A is deemed completed once Dego is in receipt of the information as required under the Completion of Procedures and/or Enhanced Completion of Procedures. We may send you an email after the is completed, requesting feedback for our Services.
5.10. Dego shall not be responsible or liable for any loss of or damage to the Person and/or Parcels or Items once the is completed.
5.11. The Person or Parcel(s) will be delivered to the specified Address in the Information, but not necessarily to the named Recipient personally. Nonetheless, the name of the person who signs for the will be captured together with his/her information as required under the Completion of Procedures and/or Enhanced Completion of Procedures.
5.12. The Sender and the Recipient will be able to track the status on Dego’s platform until the is completed. Tracking will be possible on the Person or Parcel(s) level, but not on the Item level. You should keep track of what Items are inside each Parcel.
5.13. If you have a complaint in relation to the of the Trip or Parcel, you may contact Dego’s customer service to raise such dispute. Dego may, where appropriate, disclose proof of (which may include information collected through the Completion of Procedures and/or Enhanced Completion of Procedures) to you and/or all parties related to the dispute, until the dispute is settled.
- CANCELLATIONS AND MODIFICATIONS OF SERVICES
6.1. Cancellation Fees: If cancellation takes place before the Partner has reached the doorstep of the Pickup Address, the Price debited from the Client will be fully refunded. If cancellation takes place when the Partner is already at the Pickup Address to collect the Parcel or at any later time, 50% of the Price will be refunded to the Client.
6.2. Modification of a Request: If you would like to modify a Request, we will make reasonable efforts to assist you. In the event that a Partner is no longer available or cannot complete the modified Request, we will reject the modification of the Request. In this case, Client can opt to complete the original Request, or cancel the Request (cancellation fee may apply as per Clause 6.1 above).
6.3. Cancellation by Dego: Dego reserves the right to cancel a Request. Where Dego cancels a Request, other than where necessitated by fault of the Sender or the Recipient, Dego will refund you the full amount of the Price.
- PRICE AND ADDITIONAL FEES
7.1. Price: The Price will be quoted to the Client before a Request is accepted. By making and confirming the Request, you accept to pay the quoted Price.
7.2. Waiting Time: Partners will wait for a maximum of 10 minutes at both the Pickup Address and Address unless instructed otherwise by you or Dego as appropriate. The first 10 minutes of waiting at either locations are free of charge. Additional waiting time is quoted at MYR 0.50 per minute. Dego’s customer service will attempt to contact the Sender by telephone for authorization to incur additional, chargeable wait time if necessary. In the event where the Sender cannot be contacted, the Sender hereby authorises Dego to incur additional, chargeable wait time on the Sender’s behalf as Dego deems appropriate.
7.3. Additional Fees due to inaccurate Information: You recognise that Dego’s ability to provide the Services is dependent on the accuracy of the Information. You acknowledge that Dego shall not be liable for any breach of these Terms and Conditions caused by any inaccuracy in such information, and that you will be liable to pay for any additional charges arising as a result of such inaccurate data.
7.4. Payment of Additional Fees: You accept that the Price and any incurred additional fee will be charged to the payment method chosen by you when confirming the Request.
- FAILURE TO COMPLETE A
8.1. Re: In the event where a is not completed because the Partner was late to reach the Recipient for reasons that are not the Client’s responsibility (as per Clause 4 (Warranties) and Clause 6.2 (Modification of a Request)), and not described under Clause 18.1 (Force Majeure), Dego’s customer service will contact you to arrange for a re, free of charge.
8.2. Recipient absent: In the event that the Recipient is found to be absent from the Address specified by the Sender and no other person is present to receive the Parcel(s) on behalf of the Recipient, the Partner will call the Sender to request further instructions on how to proceed. In the event where the Sender cannot be contacted either, the Sender hereby authorises Dego to decide on the Sender’s behalf as we deem appropriate. You acknowledge that additional charges may arise as a result of the failure to complete the due to missing Recipient (e.g. Cancellation fee and Additional waiting time as per Clauses 6.1 (Cancellation Fees) and 7.2 (Waiting Time) above, and/or charges in relation to the making of a new Request).
Unless cancellation is initiated by Dego (as per Clause 6.3 (Cancellation by Dego)), Dego does not automatically offer refunds for service delay or failures, but decides on any possible refund on a case by case basis following a review of the circumstances. All requests for refunds should be addressed to Dego’s customer service manager at +60392869100, who will authorize refunds at her/his discretion. Refunds may be partial or total depending on the severity of the failure and the inconvenience caused. Refunds will be made to the same source of payment used to make payment for the Request.
- PERSONAL DATA PROTECTION
10.2. You agree to provide accurate, current and complete information to us and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of these Terms & Conditions. You agree that Dego 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, Dego has the right to terminate your relationship with us and block your access and use of the Platform at any time without prior notice.
- LICENSE GRANT & RESTRICTIONS
Dego and/or its licensors own the intellectual property rights in the Platform and contents posted on the Platform (unless otherwise stated). Subject to the license below, all these intellectual property rights are reserved.
11.1. Dego and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Platform, subject to these Terms and Conditions.
11.2. You shall not license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way.
11.3. You shall not modify or make derivative works based on the Platform.
11.4. You shall not reverse engineer or access the Platform in order to (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Platform; (iii) copy any ideas, features, functions or graphics of the Platform; (iv) post, 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; and/or (v) remove any copyright, trademark or other proprietary rights notices contained in the Platform.
You shall defend, indemnify and hold Dego and its affiliates and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses arising out of or in connection with: (a) your violation or breach of any provision under these Terms & Conditions or any applicable law or regulation; (b) your violation of any rights of any third party; and (c) your use or misuse of the Platform.
- DISCLAIMER OF WARRANTIES
Dego makes no representations or warranties in relation to the Platform or the information and materials provided on the Platform. The Platform is provided to you strictly on an “as is” basis.
- LIMITED LIABILITY
14.1. Contents of Platform: Dego will not be liable to you in relation to the contents of, or use of, or otherwise in connection with, the Platform, for any direct, indirect, punitive, economic, special, consequential or other damages or losses of any kind, including personal injury, emotional distress, loss of data or corruption of information or data, business losses, loss of revenue, income, profits or other economic advantage.
14.2. Total Liability: Subject to Clauses 14.3 and 14.4 below, Dego’s total liability in relation to the Services (whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited for damage to or loss of the Parcel(s) at MYR 500 per Request, or the value of Parcel(s) transported under that Request, whatever is lower.
14.3. Not liable for damage or loss of Person or Parcels: Dego shall not be liable for damage or loss of Person and/or Parcels and/or Items arising from or in connection with:
- the of Person or Parcels or Items that are not in conformation with these Terms and Conditions;
- any loss caused directly or indirectly by any breach by the Client of these Terms and Conditions including, but not limited to, the Specifications;
- Person or Parcels and/or Items that need special transportation precaution and no specification were mentioned in relation to the said Person or Parcels and/or Items in the Information;
- inherent defect or natural deterioration of the Items in a Parcel;
- the collection and/or signing off of the Parcel by a person, who, unbeknownst to the Partner, is not authorised to do so by the Recipient; and/or
- circumstances as stated under Clause 18.1 (Force Majeure).
14.4. Late or Failed Deliveries: Dego will not be liable to you (or to anyone else) for any late or failed deliveries, except to the extent as provided under Clause 8.1 (Re). In no event shall Dego be liable to you or anyone for any direct, indirect, punitive, economic, special, consequential or other damages or losses of any type or kind, including personal injury, emotional distress, business losses, loss of revenue, income, profits or other economic advantage, which arose as a result of any late or failed deliveries. For the avoidance of doubt, time is not of the essence under these Terms and Conditions.
Without limitation to any clause contained in these Terms and Conditions, all claims have to be made in accordance with the following procedures:
15.1. Claims for damage to the Item(s) inside a Parcel must be made within 14 days from the date on which Dego accepts the Request associated to the Item(s) in question, failing which Dego shall have no liability whatsoever.
15.2. Any claims for loss of the Parcel(s) must be made within 2 months from the date on which Dego accepts the Request associated to the Parcel(s) in question, failing which Dego shall have no liability whatsoever.
15.3. All claims must be made submitted by email firstname.lastname@example.org, accompanied by the Reference number and any other supporting documents requested by Dego (e.g. picture of Items before and after transportation).
15.4. Claims are limited to one claim per Request, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
- SUB-CONTRACTING AND NO POACHING
16.1. Dego may assign, transfer or sub-contract its rights and obligations under these Terms and Conditions to any third party sub-contractor without prior notification to you, provided it remains liable to you for their performance. Any sub-contractor or agent of Dego shall be entitled to rely on and enforce any of these Terms and Conditions as if it were a party to them in the place of Dego.
16.2. No Assignment, Transfer or Sub-contract: The Client may not assign or transfer or sub-contract its rights or obligations under these Terms and Conditions.
16.3. No Poaching: The Client agrees that for so long as the Client have not terminated these Terms and Conditions, and for a period of one hundred eighty (180) days following termination, Client will not hire, solicit or entice any Partner and/or Network introduced to Client as a result of Client’s use of Dego’s Services, to perform any service whatsoever for Client in replacement of any service that could be provided to Client through Dego’s Platform. In the event that the Client obtains the Services of any such Partner and/or Network, Client hereby agrees to pay to Dego the fees that Client would have paid to Dego had Client obtained such services through Dego’s Services.
17.1. Dego may terminate these Terms and Conditions and suspend or terminate your account for any late payment of charges.
17.2. Either party may terminate these Terms and Conditions on 30 days’ prior written notice.
- GENERAL PROVISIONS
18.1. Force Majeure: In no event shall either party be liable to the other for any delay or failure to perform hereunder, which delay or failure to perform is due to causes beyond the control of the said party including, but not limited to, acts of God, acts of war, civil unrest, states of emergency, industrial disputes or unrest, material shortages or rationing, law or government regulations, epidemic, flood, earthquake, fire, other natural disaster, accidents, traffic obstructions or congestion, mechanical breakdown, failures or interruptions in the supply of utilities or in respect of any telecommunication or information system, or any other event, condition or occurrence beyond the reasonable control of such party.
18.1. Waiver: No delay or omission by either party in enforcing any of its rights or remedies hereunder shall impair such right or remedy or be deemed to be a waiver thereof. No waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion. No amendment or waiver shall be valid unless in writing and signed by both parties.
18.2. Notice: Whenever under these Terms and Conditions one party is required or permitted to give notice to the other party, such notice shall be made in writing. Upon receiving the written notice, the other party shall acknowledge receipt of the notice by replying to the party initiating the termination in writing.
18.3. Headings and sub-headings: The headings and sub-headings in these Terms and Conditions are for convenience only and shall not affect the interpretation hereof.
18.4. Singular and plural: Unless the context requires otherwise, words used in the singular also include the plural and vice versa.
18.5. Governing Law: The Terms and Conditions set out herein shall be subject to and construed in accordance with the law of Malaysia. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Malaysia and agree that all proceedings in relation to any dispute arising out of or in connection with these Terms and Conditions shall be commenced in the courts of Malaysia.
18.6. Severability: If any provision of these Terms and Conditions is declared or found by the courts of Malaysia to be illegal, unenforceable, or void, then such provision shall be null and void, but each other provision hereof not so affected shall be enforced to the full extent permitted by applicable law.