Section 1: Definitions and Interpretation

  • 1.1 In these Terms and Conditions unless the context otherwise requires the following expressions shall have the following meanings:
    • 1.1.1 “Rider”, “Riders”, “Driver” or “Drivers” means an independent third party driver or rider who have agreed to accept bookings from you and provide transportation, logistical, and/or delivery services through the Platform;
    • 1.1.2 “BiteRider” or “BiteRider.my” means Grasp My Bite Sdn. Bhd., a company incorporated in Kedah Malaysia with its registered office at Pod8, CEOPods, 4th Floor, Wisma Ria, Jalan Badlishah, Taman Ria 08000 Sungai Petani, Kedah, Malaysia.
    • 1.1.3 “Platform” means the technological platform in whatsoever and howsoever form as BiteRider may from time to time determine whereby a user can arrange and/or schedule transportation, logistical, and/or delivery services for goods;
    • 1.1.4 “Services” means the services as set out in paragraph 3.1;
    • 1.15 “Terms and Conditions” means these terms and conditions as amended from time to time pursuant to paragraph 2.2.
  • 1.2 Unless the context otherwise requires, a reference to any paragraph is to the paragraph of these Terms and Conditions.
 

Section 2: Terms and Conditions

  • 2.1 Your use of our website, a mobile website (collectively referred to as the “Sites”), Platform and Services shall be governed by these Terms and Conditions and you hereby agree that your use of the Sites, Platform, and Services shall constitute your agreement to be bound by these Terms and Conditions.
  • 2.2 BiteRider may at its sole discretion amend these Terms and Conditions from time to time as it deems necessary, and such amended Terms and Conditions shall take effect and be binding on you upon BiteRider having posted the same on the Sites and the Platform.
  • 2.3 Your continued access and/or use of the Sites, Platform, and Services shall be understood and automatically deemed as an acknowledgment of and consent to be bound by any such amended or additional Terms and Conditions.
  • 2.4 The Terms and Conditions are applicable in respect of your use of the Sites, Platform, and Services in the territory of Malaysia. Your use of the Sites, Platform, and Services in other territories shall be subject to the prevailing terms and conditions in those territories.
 

Section 3: Services

  • 3.1 The Services that BiteRider provides is the provision of the Platform which constitutes a technological platform that enables you to arrange and/or schedule transportation, logistical, and/or delivery services for goods, whereby the Platform will facilitate and connect you with a Rider or Driver who will provide you with such transportation, logistical and/or delivery services.
  • 3.2 The types of transportation, logistical, and/or delivery services that a Rider or Driver can provide to you can be found on the Sites and the Platform.
  • 3.3 You agree and acknowledge that BiteRider is not your agent or the agent of the Riders or Drivers and that:- (a) neither BiteRider nor the Riders or Drivers have the authority to bind each other; and (b) BiteRider is not a party to the contract for the hiring of the Riders or Drivers.
 

Section 4: License of Applications

  • 4.1 BiteRider grants to you a revocable, limited, non-exclusive, non-assignable, and non-sublicensable license to install and use a copy of the Platform on your mobile device for your use and subject to these Terms and Conditions.
  • 4.2 In your use of the Platform, you shall not:-
    • 4.2.1 rent, lease, sublicense, distribute or transfer copies of the Platform or the license for the use of the Platform to any third parties or otherwise commercially exploit the Platform other than for arranging and/or scheduling transportation, logistical, and/or delivery services;
    • 4.2.2 modify, adapt, reverse engineer, decompile, disassemble, translate the Platform or create derivative works based on the Platform;
    • 4.2.3 in any way:- (a) interrupt the normal performance/operation of the Platform, or use any methods to export or modify the source code of the Platform; (b) cause or facilitate unauthorized access to or deny authorized access to, any software, hardware, network, services, systems or data;
    • 4.2.4 upload or disseminate any kinds of computer viruses, worms, trojans, or malicious codes;
    • 4.2.5 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 material or information;
    • 4.2.6 post, distribute or reproduce any information or material on the Platform which is offensive, defamatory, libelous, vexatious, obscene, threatening, or which is otherwise unlawful;
    • 4.2.7 engage in spamming and phishing activities;
    • 4.2.8 use the Platform in any way to track, stalk, harass or hurt any person; or
    • 4.2.9 engage in any unlawful or illegal activity which is in contravention of any applicable laws and regulations.
  • 4.3 You shall not install and/or execute the Platform on any device other than the mobile device running the operating systems approved by BiteRider.
  • 4.4 Other than the license to use the Platform granted in paragraph 2.1, no other license or right is hereby granted to you.
 

Section 5: Terms of Usage

  • 5.1 You agree, represent, and warrant:
    • 5.1.1 that all the information and details provided by you to Platform in your registration, updates, and communication, either through Platform or other means are true, accurate, complete, and up-to-date in all respects and at all times;
    • 5.1.2 that the delivery goods are securely properly and sufficiently packed, labeled, and/or prepared in a case, wrapper, or container appropriate to the nature and weight of the delivery item such that no part of the Delivery goods may be removed without the case, wrapper or container being torn or broken, a seal is broken or two adhesive surfaces being forced part. In the event that packing of the Delivery goods is deemed by BiteRider to be unsuitable for transportation, you shall, upon notification by BiteRider, re-pack the delivery item in a suitable case, wrapper, or container in accordance with BiteRider’s directions. BiteRider shall not be liable for loss or damage arising from insecure, insufficient, and/or improper packing;
    • 5.1.3 that the delivery item is adequately packed in a case or container of sufficient durability and strength so as to protect against damage to the contents during the course of delivery and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container and that such delivery item is marked in a delivery request with “FRAGILE” in the case of a delivery item of a fragile nature and prominently displayed on the packaging of a delivery item.
    • 5.1.4 you will not use Platform and Services: for any unlawful purpose; in any way that interrupts, damages impairs, or renders our Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
    • 5.1.5 to comply with all applicable laws while using Platform and Services;
    • 5.1.6 you will not use Platform and Services to cause nuisance, annoyance, or inconvenience;
    • 5.1.7 that all the information and details provided by you to us in your orders, either through Platform or other means are true, accurate, and complete in all respects and at all times. You agree to compensate us and the Riders or Drivers for all additional charges incurred in the event when information and details related to your orders are inaccurate or incomplete;
    • 5.1.8 to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
    • 5.1.9 to provide us with whatever proof of identity we may reasonably request;
    • 5.1.10 to treat the independent Riders or Drivers introduced to you via Platform with respect and not to cause damage to their assets or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst they are providing services to you; and
    • 5.1.11 to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
  • 5.2 We reserve the right to suspend, restrict or terminate your access to Platform and Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion, you misuse Platform and Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
 

Section 6: Account

  • 6.1 You shall safeguard any credentials, login name, and password BiteRider may provide to you in relation to the Platform and the Services and you represent and warrant that you shall not:- (a) disclose your account details and credentials to third parties, or (b) allow any third party to use your account with BiteRider or impersonate you in the use of your account.
  • 6.2 BiteRider shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.
  • 6.3 BiteRider reserves the right to limit, suspend, or terminate your account and your use of the Sites, Platform, and the Services in the event you are in breach of any of the Terms and Conditions herein.
 

Section 7: Conditions for Acceptance of Transport / Delivery of Parcels

  • 7.1 We may refuse acceptance of transport of packages or delivery items if any of the following cases apply:
    • 7.1.1 your’s request does not comply with our Terms and Conditions;
    • 7.1.2 you fail to enter a valid address and other required fields that are recognizable by the BiteRider system;
    • 7.1.3 the parcel(s) or item(s) is/are not suitable for transport through our services and/or our independent rider or driver;
    • 7.1.4 the transport may violate laws and regulations, or is detrimental to public order, or injurious to public morals.
  • 7.2 The parcel or item is of the following items:
    • 7.2.1 Explosives or other hazardous materials or any similar parcels that are likely to cause damage to other parcels;
    • 7.2.2 parcels specifically determined by BiteRider to be unacceptable, including but not limited to combustible, inflammable, poisonous and toxic materials, livestock, animals, guns, and swords, etc.
 

Section 8: Payment & Subscriptions

  • 8.1 The rates for the transportation, logistical, and/or delivery services on the Platform together with any additional charges and/or fees are stated in our official pricing portal: https://send.biterider.my/pricing/
  • 8.2 Payment amounts quoted are in Malaysia currency and include Malaysian Sales and Services Tax (SST), where applicable.
  • 8.3 BiteRider has the absolute right to revise the rates, charges, and/or fees without giving prior notice to you, and the revised rates, charges, and/or fees shall be binding onto you upon revision of the same.
  • 8.4 BiteRider reserves the right to charge a cancellation fee, as follows:
    • 8.4.1 For a “Scheduled (>30 min)” service, the base fare will be charged if you cancel after the driver arrives at the pickup location.
    • 8.4.2 For a “Deliver Now” service, the base fare will be charged if you cancel 5 minutes after being matched to the rider or driver and/or after the Rider or Driver arrives at the pickup location.
    • 8.4.3 For a Rider or Driver who is on the way to the pickup location: the Rider or Driver will call you to confirm the order prior to departing. If delivery is confirmed with the Rider or Driver and a cancellation happens after the scheduled time, 50% of the order fee will be chargeable to the customer. BiteRider will assist in communicating the charges to the customer on the driver’s behalf.
    • 8.4.4 For Non-Subscription Cash Payment, you shall pay the Riders or Drivers in cash all sums immediately when the Riders or Drivers arrive at the pickup location. If any of the parties does not agree with the charges, BiteRider customer service must be contacted prior to payment to the rider or driver.
    • 8.4.5 Payment for the Services may be done in the following manner:-
      • 8.4.5.1 Non-Subscription plan by cash, which shall be payable to the Rider or Driver immediately when the Riders or Drivers arrives at the pickup location and
      • 8.4.5.2 Non-Subscription plan by monthly billing, which shall payable to BiteRider via e-invoice payment link within 7days when receiving the email.
      • 8.4.5.3 Subscription plan by one-off payment, which shall instantly payable to BiteRider upon your selected plan;
  • 8.5 BiteRider shall process the application/request for the plan subscription only after the User’s Payment is cleared by the bank appointed by BiteRider and upon approval by BiteRider.
  • 8.6 BiteRider reserves the right to refund to you the equivalent sum of the amount paid by you in the event BiteRider for any reason is unable to process the application/request for Services.
  • 8.7 Plan sold is not exchangeable, returnable nor refundable.
  • 8.8 No hard-copy receipt will be provided to you. An electronic receipt will be provided after completion of an order.
 

Section 9: Disclaimer

  • 9.1 The Platform is delivered to you on an “as is” basis and although BiteRider has used its best endeavors to ensure that the Platform will work properly on your mobile device, BiteRider does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device.
  • 9.2 The Platform is also delivered to you on an “as available” basis and BiteRider does not warrant the availability of the Services, the availability of Riders or Drivers through the use of the Services, the accuracy of the data, or information provided as part of the Services.
  • 9.3 BiteRider does not make any representation or warranty in respect of the quality or timeliness of any transportation, logistical, and/or delivery services provided by the Riders or Drivers. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the Riders or Drivers and you shall have no claim against BiteRider.
  • 9.4 BiteRider shall not be liable for any damages including but not limited to indirect, accidental, special, exemplary, punitive, or consequential damages, including loss of profits, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Platform.
  • 9.5 You acknowledge and agree that BiteRider has no responsibility or liability to you or any third party in relation to any goods intended to be transported and/or delivered by a Rider or Driver.
  • 9.6 The foregoing limitations and exclusions apply to the extent permitted by law.
 

Section 10: Duties of the User

  • 10.1 You warrant that you are either the owner or the authorized representative of the owner of the goods and that you are authorized to accept and are accepting these Terms and Conditions for yourself or as a representative for and on behalf of the owner of the goods.
  • 10.2 You represent and warrant that you shall comply with all applicable laws and regulations relating to nature, condition, packaging, handling, storage, and carriage of the goods and that the goods are not in any manner or condition prohibited by law, dangerous or hazardous or highly perishable.
  • 10.3 You warrant that the goods to be delivered by a Rider or Driver does not contain or constitute:
    • 10.3.1 Hunted animals; part of animals such as ivory, shark fin or other items which are made or processed from animal parts, including other items which are not for human consumption and prohibited items according to international treaties and/or applicable international laws ;
    • 10.3.2 Human organs, ashes, bones;
    • 10.3.3 Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.;
    • 10.3.4 Illegal items including but not limited to counterfeit or pirated products, illegal drugs or addictive substances, illegal property, or any materials which are against the applicable laws, regulations, or rules stipulated by federal, state, or local government authorities, including the materials which the users have the legal right of possession but are not allowed to partially or entirely move or send to other places;
    • 10.3.5 Sharp or hazardous objects including but not limited to knives, swords, spears, daggers;
    • 10.3.6 Flammable materials of all kinds such as LPG, NGV, etc.
  • 10.4 BiteRider and/or the Riders or Drivers reserve the right to open and check the goods without prior notice to you where BiteRider and/or the Riders or Drivers have any reasonable suspicion that the goods may contain or constitute illegal, unlawful, or prohibited items as referred to in the abovementioned provisions herein and BiteRider and/or the Riders or Drivers reserve the right to refuse the receipt and delivery of such goods.
  • 10.5 You shall at all times be responsible for ensuring that you provide BiteRider and/or the Riders or Drivers with accurate and sufficient details to enable the Riders or Drivers to complete the receipt and delivery of your goods.
 

Section 11: Indemnity

  • 11.1 You agree to indemnify and hold BiteRider and its officers, directors, employees, and agents harmless from any and all claims, damages, demands, losses, liabilities, and expenses arising out of or in connection with:-
    • 11.1.1 your breach or violation of any of the terms of the Terms and Conditions;
    • 11.1.2 your violation of the rights of any third party, including a Rider or Driver.
 

Section 12: Links and Advertisements

  • 12.1 The Platform may contain advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any advertisement. Any links to third-party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third-party websites. If you access any linked third party website or advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.
 

Section 13: Natural Disasters

  • 13.1 BiteRider delivery services will be temporarily suspended when typhoon warning signal or red/black rainstorm warning is in force. Delay is expected due to unexpected traffic conditions on rainy days.
 

Section 14: Personal Data and Privacy

  • 14.1 You shall be required to submit your personal information to BiteRider in order to use the Platform and the Services.
  • 14.2 You consent to BiteRider using your personal data (including but not limited to your name, pick-up, and delivery addresses and contact number) as provided by you to BiteRider from time to time when you use the Software for the purpose of providing the Services.
  • 14.3 You consent to BiteRider collecting, using, keeping, and updating your personal data to such extent, for and at such time period as may be necessary when BiteRider provides the Services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
  • 14.4 You further expressly consent that BiteRider is entitled to disclose your personal data to the Participating vehicles as may be necessary including, without limitation for the purposes of sourcing a booking to be accepted by a vehicle’s rider or driver, confirmation/clarification of the booking information between you and the vehicle’s rider or driver, and tracking the booked vehicles when BiteRider provides the Services to you.
  • 14.5 You agree that the collection, use, storage, and transfer of your personal data is subject to BiteRider’s privacy policy the latest version thereof is at “www.BiteRider.my” or “send.BiteRider.my”, and you acknowledge that you have read and understood the same prior to agreeing to these Terms and Conditions and that the terms of the Privacy Policy shall be incorporated into these Terms and Conditions.
  • 14.6 BiteRider may disclose to you personal data belonging to a Rider or Driver during the provision of the Services. You represent and warrant that you shall not use the personal data of the Rider or Driver for any purpose other than for purposes of using the Services.
 

Section 15: Intellectual Property

  • 15.1 Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property belonging to BiteRider. BiteRider and/or its related corporations (where applicable) shall at all times own all the rights, title, and interest and to the Sites, Platform, Services, BiteRider’s name, logos, trademarks, service marks, designs, copyrighted materials, and all other intellectual property rights of BiteRider.
 

Section 16: Governing Law

  • 16.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia.
  • 16.2 You submit to the non-exclusive jurisdiction of the courts of Malaysia.
 

Section 17: Damage Claims

  • 17.1 You acknowledge and agree that your access and use of the Platform and procurement of any transportation, logistics, and/or delivery services is at your own risk and BiteRider shall not be responsible for any lost, stolen, damaged, or destroyed goods. You hereby agree that if you are desirous of insuring your goods, you shall procure your own insurance coverage.
  • 17.2 Any claims for damage to and/or loss of the delivery Item must be made within five (5) working days from the date on which BiteRider accepts for the delivery Item for delivery, failing which BiteRider shall have no liability whatsoever.
  • 17.3 Claims are limited to one claim per delivery Item, settlement of which shall be a full and final settlement for all loss or damage in connection therewith.
  • 17.4 Without prejudice to paragraphs 9 and 17.1 above and provided that BiteRider is satisfied that your claim is justified, BiteRider’s liability for any loss of the delivery item shall be limited to the cost of the delivery item as indicated by you, upon acceptance of the delivery item by BiteRider or RM100 per delivery item, whichever is lower (“Compensation Limits”).
  • 17.5 In the case of damage to the delivery item, the amount of compensation shall be based on BiteRider’s own assessment of the extent of the damage to and the actual cash value of the contents of the delivery item provided always that the amount of compensation shall not exceed the Compensation Limits.
  • 17.6 BiteRider is not obliged to act on any claim until all the fees and/or transportation charges in respect of any delivery item have been paid. The claim amount may not be deducted from the fees and/or these charges or from any outstanding balance owed to BiteRider by you under any services provided to you.
  • 17.7 Save in cases of delivery failure and provided that BiteRider is satisfied that your claim is justified, our liability for any loss or damage arising from BiteRider’s failure to deliver a delivery Item by the date of delivery shall be limited to the amount of the fees charged in respect of that delivery item.
 

Section 18: Assignment

  • 18.1 You may not assign or transfer any of your rights, interests, or obligations under these Terms and Conditions, wholly or in part, without BiteRider’s prior written approval.
  • 18.2 BiteRider may at its sole discretion and as it thinks fit and/or necessary, assign or transfer any of its rights, interests or obligations under the Terms and Conditions, wholly or in part, to:-
    • 18.2.1 a subsidiary or an affiliated company;
    • 18.2.2 an acquirer of the Company’s equity, business and/or assets; or
    • 18.2.3 a successor by means of a merger or acquisition.
 

Section 19: Waiver

  • 19.1 Any failure or delay by BiteRider in enforcing or exercising any right, power or remedy hereunder shall not be deemed to operate as a waiver by BiteRider to enforce or exercise such right, power, or remedy in future or any other right, power, or remedy under these Terms and Conditions.
 

Section 20: Severability

  • 20.1 If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable under any law, such provision or part thereof shall to that extent be deemed not to form part of this Agreement, but the legality, validity, and enforceability of the other provisions of these Terms and Conditions shall not be affected.
 

Section 21: Entire Agreement

  • 21.1 These Terms and Conditions constitute the entirety of the agreement and understanding between you and BiteRider with respect to its subject matter and replace and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

Last Edited on 2020-09-11