General Terms and Conditions for Parcel Delivery
When ordering Ninja’s services, you as the Sender, are agreeing on your behalf and on behalf of the Recipient and anyone else with an interest in the Parcel (each a “Party”, and collectively the “Parties”) that these Terms and Conditions shall apply to the Parcel.
i. “Delivery Service” means the delivery or logistics services provided by Ninja to the Sender to deliver the Parcel.
ii. “Delivery Working Hours” means 9am to 10pm Local Time.
iii.“Driver” means the person appointed by Ninja to pick up and/or drop off the Parcel.
iv. “ePOD” means electronic proof of delivery.
v. “Local Time” means the local time in the country where the Delivery Service is provided.
vi. “Ninja” means the member of the Ninja Logistics network of companies that is providing the Delivery Service to you.
vii.“Ninja Account” means the account created by the Sender on the Ninja Sender Dashboard to create and manage delivery orders.
viii.“Ninja Sender Dashboard” means the shipper interfacing portal to create and manage delivery orders in connection with the Delivery Service.
ix. “Ninja Software” means the software utilised by Ninja for the purpose of the Delivery Service, including: (i) the Ninja Sender Dashboard; and (ii) the tracking software, which monitors the locations of the Drivers.
x. “Parcel” means all documents or parcels that you, as the Sender, wishes to deliver to the Recipient.
xi. “Recipient” means the recipient of the Parcel.
xii. “Sender” means you, the person using this Delivery Service.
xiii. “Working Day” means a day (other than a Sunday or gazetted public holiday) in the country in which the Delivery Service takes place.
2. THE DELIVERY SERVICE
i. Unless otherwise agreed in writing between the Parties, the Delivery Service is provided to you in your personal capacity, and you shall not: (i) transfer or authorise the use of your Ninja Account to any other person; (ii) disclose any data or information in your Ninja Account to any other person; or (iii) resell the Delivery Service to any other person.
ii. Ninja reserves the right to engage third parties to perform any part of the Delivery Service on its behalf.
iii. The Sender shall use the Delivery Service only for the purpose of placing the delivery orders in a legitimate and lawful manner.
iv. Ninja does not at any time hold title in or ownership of the Parcel.
i. The Sender shall pay Ninja for the Delivery Service according to the relevant fees or charges set out in Appendix A (“Fee”). For the avoidance of doubt, there may be other fees applicable, including but not limited to applicable insurance fees or repackaging fees which may be invoiced to the Sender, separate from and in addition to the Fee.
ii. Ninja retains the right to revise such fees or charges at any time for any reason whatsoever (including government obligations, higher costs, or internal commercial targets) upon providing you with 30 days’ prior written notice. Ninja is under no obligation to provide any reason for such revision.
iii. Ninja retains the right to charge additional fees (not limited to those referred to in Clause 3(i) above), including if the Sender provides wrong or incomplete order information (including delivery address or identity of Recipient).
i. The Sender shall pay the Fee to Ninja on a monthly basis, and no later than 15 Working Days from the date it receives the monthly invoice from Ninja.
ii. If the Sender fails to pay the Fee in full within the prescribed period in Clause 4(i) above, Ninja shall be entitled to: (i) suspend or cancel the Delivery Service provided to the Sender; and (ii) charge a late payment interest of 5% per annum on such unpaid amount from the date immediately following the due date until the date on which the Sender has paid all outstanding dues and all accrued interest.
iii. Ninja reserves the right to request a deposit from the Sender which can be applied to overdue outstanding invoices as a condition to providing the Delivery Services.
5. DELIVERY PROCESS
Types of Delivery Services (all times referred are “Local Time”)
i. Standard: delivery of the Parcel within 3 Working Days at any time between 9.00 am to 10.00 pm.
Commencement and Completion of Delivery Service
ii. Delivery Services are considered to have:
commenced when the Driver collects the Parcel from the Sender and the Sender’s signed acknowledgment has been recorded in the Ninja Sender Dashboard; and
completed at the earlier of the following scenarios: (A) when the Parcel has been delivered to the Recipient; (B) when the Parcel has been returned to the Sender after three failed attempts at delivery to the Recipient; or (C) when the Parcel (or any part thereof) has been lost or damaged.
iii. The ePOD is proof of the Delivery Service having taken place.
Collection or Pick-up of the Parcel
iv. Ninja reserves the right to reject a pick-up request if it is for the sole purpose of picking up Ninja Packs and there are no other Parcels available for pick-up.
v. The Sender must book a pick-up slot on the Ninja Sender Dashboard at least 1 Working Day in advance, subject to 1 pick-up per address per day. Additional pick-ups are subject to availability via email@example.com, provided that such requests are made at least 3 Working Days in advance.
vi. There is a minimum pickup surcharge of RM3 (before SST) applicable for each pick-up of fewer than 3 parcels per location. Otherwise, Ninja provides free pick-ups.
vii. Pick-ups are available within any of the following time-slots selected by the Sender: (A) 9.00am to 12.00pm; (B) 12.00pm to 3.00pm; (C) 3.00pm to 6.00pm; or (D) 6.00pm to 10.00pm.
viii. The Drivers will attempt same-day pick-up bookings (if they are made before 2pm), but this is subject to the availability of Drivers and route conditions. As such, Ninja and/or the Driver shall not be liable for any loss whatsoever suffered by the Sender if the Driver is unable to provide the same-day pick-up service.
ix. The Driver has the right to reject or pick-up partially if the pick-up volume differs from that stated in the delivery order. The Sender must acknowledge the quantity of the Parcels handed over to the Driver by signing on the Ninja Drive App electronically (no physical signature is required). Once acknowledgement has been entered into, the Sender may not retrieve any part of the Parcel back from the Driver.
x. The Driver is entitled to reject any unacceptable Parcel (as described in Clause 6 (ii)).
Delivery of the Parcel
xi. The Driver will hand over the Parcel only if the Recipient (or any person designated to receive the Parcel on the Recipient’s behalf) is present.
xii. The Driver may leave the Parcel at the Recipient’s designated address without the presence of the Recipient if instructed by the Sender. Ninja and/or the Driver shall not be liable for any loss or damage to the Parcel in that case.
xiii. Ninja will notify the Recipient if a delivery attempt is unsuccessful due to the Recipient’s absence. Ninja shall perform a second and third attempt to deliver the relevant Parcel. If the third attempt fails, Ninja will return the Parcel to the Sender and will be considered to have fulfilled its delivery obligation and retains full discretion not to refund the Fees.
Right Not to Deliver
xiv.Ninja retains the right to suspend its Delivery Service for any reason whatsoever, including if the Sender:
fails to pay the Fee in full within the prescribed period in Clause 4(i) above;
is in breach of any of these Terms and Conditions;
causes material loss or damage to Ninja; and/or
is, or is about to be, insolvent or bankrupt.
xv. Ninja reserves all rights to refuse or suspend the Delivery Service to the Sender if Ninja determines in its reasonable discretion that:
the Parcel is unacceptable (as described in Clause 6(ii));
the Parcel violates any of the Sender’s Warranties (see Clause 7 and Clause 8);
the Sender is unable to pay for the Delivery Service in a timely fashion;
Ninja is unable to perform its obligations due to circumstances beyond its reasonable control (e.g. natural disasters, strikes, major traffic accidents);
the Delivery Service is used by the Sender for unlawful purposes (including bribery);
any third party (other than the Sender) has used the Sender’s Ninja Account in breach of Clause 2(i) above; or
the Sender has misled Ninja (e.g. providing incorrect operational parameters such as weights, addresses, etc., or falsifying any order or Parcel information).
i. Ninja reserves all rights to refuse delivery, refuse return, or (in the case of damage) dispose of unacceptable Parcels.
ii. A Parcel is unacceptable if:
it is hazardous, illegal, dangerous, harmful, prohibited or restricted under any applicable laws;
it is not labelled properly or does not adhere to packaging guidelines set out in Appendix 1; and/or
it contains credit/debit/ATM cards, decaying items, human or animal remains, religious artefacts, narcotics, firearms or weapons, living things, perishables (e.g. vegetables, fruits, meat, etc.), requires cold chain or temperature controlled handling, poisonous or toxic substances, examination certificates, passport and insurance documentation which are not permitted to be reproduced, cash, cheques, bills, stock certificates, securities, written drafts, original films, tapes and film material which are not permitted to be reproduced, flammable, ignitable, or volatile items (e.g. fireworks, kerosene, gas canisters, paint thinner, etc.), or
the sum of its dimensions (length + breadth + height) exceeds 300cm, or
it is heavier than 30kg
iii. Ninja reserves all rights to open and inspect any of the Parcels without notice for safety, security or other regulatory reasons.
iv. Ninja reserves all rights to repackage any Parcel at an additional cost to the Sender, including for reasons related to cleanliness, security or safety.
v. Ninja reserves all rights to relabel any Parcel at an additional cost to the Sender if deemed necessary.
Damaged or Lost Parcels
vi. Ninja reserves all rights to dispose of a damaged Parcel for reasons of safety, security or other regulatory reasons. In such event:
if the Parcel contains multiple items, Ninja will dispose of the damaged item(s) in the Parcel and only return entire salvageable item(s) to the Sender; and
Ninja’s assessment of the Parcel’s damage is final.
vii. In the event of any loss to the Parcel and if the Parcel contains multiple items, Ninja will only return entire salvageable item(s) to the Sender.
viii. Ninja reserves all rights to insure any Parcel at an additional cost to the Sender, or to require the Sender to take up appropriate insurance in relation to the Parcel.
7. SENDER’S WARRANTIES
The Sender hereby represents and warrants to Ninja that:
i. it is the owner (whether legal or beneficial) of the Parcel, or is duly authorised to engage the Delivery Service in respect of the Parcel;
ii. it has complied with the packaging guidelines set out in Appendix 1;
iii. the Parcel was packed and handed over to Ninja in a secure manner without any unauthorised interference;
iv. it has complied with all applicable laws and regulations in relation to the nature, condition, packaging, handling, storage and transportation of the Parcel, and is not in violation of any of the provisions stipulated in the ASEAN Framework Agreement on Handling the Package of Goods in Delivery (Protocol 9) or any other applicable laws;
v. it has complied with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations;
vi. it has obtained all necessary consents in relation to personal data provided to Ninja including the Recipient’s data as may be required for transport, customs clearance and delivery, such as email address and mobile phone number;
vii. all information provided by the Sender or its representatives to Ninja is true, complete and accurate;
viii. its use of the Delivery Service is legitimate, and the Sender will not deceive Ninja to enrich itself by any means (fraud or otherwise), including through events, promotions or campaigns conducted by Ninja; and
ix. it shall assist Ninja in the event of any regulatory investigations.
8. INDEMNITY AND LIABILITY
i. Ninja will provide compensation only for the damaged or lost item(s) of the Parcel, and not for the entire Parcel.
ii. Unless the Sender purchases insurance separately from Ninja, Ninja’s aggregate liability arising out of or in connection with the Delivery Service shall not exceed RM 200 or the parcel value, whichever is lower, subject to applicable laws.
iii. Ninja is not liable for any damaged/lost/undelivered Parcels arising out of circumstances beyond its control. This includes:
unacceptable Parcel(s) (as described in Clause 6(ii));
the Sender violating any applicable laws and/or the Parcel being confiscated by any governmental or regulatory authorities;
hijacking, theft, or robbery of the Parcel (or any part thereof) or the consignment which the Parcel was a part of;
any “force majeure” events, such as natural disasters, explosions, wars, riots, strikes or forms of civil unrest, outbreaks of diseases, traffic obstructions, or mechanical breakdown;
breach of the Sender’s Warranties in Clause 7 above; and
inaccurate or false information provided by the Sender in connection with the Parcel (e.g. nature of Parcel, origin of Parcel, Recipient’s address, etc.).
iv. Ninja will only acknowledge loss and damage claims that are submitted either within 30 days after the order was created or within 7 days after successful delivery of the Parcel.
v. The Sender will receive the agreed compensation within 7 working days from such time as the parcel has been declared lost or damaged by Ninja and in any case no longer than 30 days from the submission of any such claim by the Sender.
vi. The Sender shall indemnify Ninja in full and hold Ninja harmless from any and all claims, losses, damage, lawsuits, judgements, including legal fees and costs, or damage or confiscation of other shipments, that may arise due to or as a result of:
a breach of any of the Sender’s Warranties in Clause 7 or Clause 8 above; or
the Parcel being an unacceptable Parcel (as described in Clause 6(ii)).
9. INTELLECTUAL PROPERTY RIGHTS
i. The Parties agree that Ninja remains the sole owner or licensee (as the case may be) of all intellectual property rights and know-how used by Ninja in connection with the Delivery Service, including intellectual property rights relating to the Ninja Software, and Ninja’s branding, logo or trademarks.
ii. The Sender shall not copy, replicate, license, distribute, sell or otherwise make use of the Ninja Software, or any intellectual property rights associated with the Ninja Software, Ninja’s branding, logo or trademarks.
iii. The Sender acknowledges that the Ninja Software may be interrupted, hindered or otherwise disrupted during any development or update of the Ninja Software, and that Ninja shall not be liable for any losses or damages arising thereof.
i. All communications, information and other materials in relation to these Terms and Conditions, including the prices in relation to the Delivery Service, shall be considered confidential information and shall be kept confidential by the Sender and Recipient unless compelled or required to be disclosed requirements of law.
ii. The rights and obligations of the Parties under this Clause 10 will apply even if the Delivery Service has been suspended or terminated.
i. Either party wishing to terminate this Agreement may do so by giving 2 months’ notice in writing to the other party, subject to mutual agreement in writing by parties otherwise.
ii. Ninja may elect to terminate the contract without prior notice should:
the Sender caused serious damage through the intentional acts, omissions or gross negligence of the Sender; and
the Sender becomes insolvent or faces forced execution or auction or disposition for failure to pay taxes or public charges.
12.GOVERNING LAW AND DISPUTE RESOLUTION
i. These Terms and Conditions are governed by the laws of Malaysia. ii. The Parties agree to submit any disputes to the non-exclusive jurisdiction of the courts of Malaysia.
i. Ninja reserves the right, at its sole discretion, to change, modify, add or remove these Terms and Conditions from time to time, with such revised Terms and Conditions applying to the Parties.
ii. A person who is not a party to these Terms and Conditions has no right to enforce or enjoy the benefit of these Terms and Conditions.
iii. Any provision of these Terms and Conditions which is held to be illegal, invalid or unenforceable shall be severed and the remaining part of such provision and all other provisions of these Terms and Conditions shall continue to remain in full force and effect.
iv. The Sender shall not assign or transfer any of its rights and/or obligations under these Terms and Conditions, except with the prior written approval of Ninja.
i. Ninja will remain contactable for all enquiries, whether from the Sender or the Recipient, through its email or its call centre on any Working Day, based on the following:
from Senders: firstname.lastname@example.org or +60 111 722 5600 (9am to 6pm); or
from Recipients: email@example.com or +60 111 722 5600 (9am to 10pm).
This Agreement supersedes all prior agreements and understandings, whether oral or written, in connection therewith.
APPENDIX 1 - Packaging Guidelines
The following is a non-exhaustive list of packaging guidelines and prohibited items prepared by Ninja, which the Sender shall comply with:
(a) External Packaging: All parcels must have external packaging that covers 100% of exposed area (e.g. carton box, or polymailer), otherwise please shrink wrap or bubble wrap the entire package.
(b) Internal Packaging: Package should be packed tightly and snugly, if not please fill up the empty spaces in between with fillers such as loose newspaper, cotton wool or scrap paper.
(c) Wrap ceramics, glass and other fragile items in protective material such as bubble wrap before placing such items in an outer box.
(d) Irregular Package: Place irregular sized items in a large box and fill up the empty space in between with fillers.
(e) Ceramics: Wrap ceramics, glass and other fragile items in protective materials (e.g. bubble wraps).
(f) Parcels should be able to withstand reasonable impact of transport handling. For parcels with sensitive exteriors such as gift boxes, ensure they are shrink wrapped or bubble-wrapped before putting them in a cupboard box.
(g) All fragile items must be labelled with a fragile sticker.
(h) Ensure that the exterior or packaging does not have any old address or tracking labels.
(i) Each parcel must have a unique tracking label.
(j) Ensure that all electronic devices are powered off, and batteries should be removed from devices if possible.
(k) When sending liquor / wine or other bottled items, please put them in an upright position and label the parcel with an “upright” sticker.