Terms And Conditions
These terms and conditions apply to your use of the SKIDOO website and other related online and offline platform (“SKIDOO”), as well as to all information, recommendations and/or Services (defined below) provided to you by means of your use of SKIDOO.
SKIDOO is powered and provided by SKIDOO Sdn.Bhd (1403122-W), incorporated in Malaysia.
- Definitions and Interpretation
(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: “We”, “Ours”, “SKIDOO” refers to SKIDOO Malaysia.
(b) “Services” means any and all services provided by us to you as defined in section 2 below;
Platform” means the technological platform in whatsoever and howsoever form as SKIDOO may from time to time determine whereby a user can arrange and/or schedule transportation, logistical and/or delivery services for goods;
(c) 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;
(d) “Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the Platform;
(a) The Services we provide is to offer a technology platform via our platforms for you to post the details of your delivery needs and to distribute the details of your delivery needs you posted to independent Driver. As part of the Services, we also provide certain information in regards to the Driver who accepted your posting, including the name, location, vehicle identification, and ratings. The Driver have the sole discretion to accept or reject your request;
(b) The types of transportation, logistical and/or delivery services that a Driver can provide to you can be found on the Sites and the Platform.
(c) You agree and acknowledge that SKIDOO is not your agent or the agent of the drivers and that: –
(i) neither SKIDOO or the Drivers have the authority to bind each other; and
(ii) SKIDOO is not a party to the contract for the hiring of the Drivers.
(c) You must safeguard any login name and password that we may provide you to access our Platforms and Services and shall not disclose them to third parties; and
(d) We shall assume that any person using your electronic device to access our Platform and Services, your username and password is you or a person authorized by you
- License of the Software
(a) You are permitted to install and use a copy of the Platform for your own personal, non-commercial use provided that you comply with all of the Terms of this section;
(b) You are not permitted to rent, lease, sublicense, distribute or transfer copies of the Platform or the license for the use of the Platform to any third parties.
(c) Your use of SKIDOO grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the Web applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms.
(d) Other than the license to use the Platforms granted in paragraph 3 (a), no other license or right is hereby granted to you and the ownership of the Platform and all other rights are hereby expressly reserved by SKIDOO and its suppliers.
- Terms of Usage
(a) You shall safeguard any login name and password SKIDOO may provide to you in relation to the Platform and the Services and you represent and warrant that you shall not: –
(i) disclose your account details and credentials to third parties; or
(ii) allow any third party to use your account with SKIDOO or impersonate you in the use of your account.
(b) SKIDOO shall assume that any person using your mobile device, your login name and password will either be you or someone authorized by you.
(c) SKIDOO reserve the right to suspend, restrict or terminate your access to the Platform and the 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 SKIDOO or the 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
5. Conditions for Acceptance of Transport / Delivery of Packages
We may refuse acceptance of transport of packages or delivery items if any of the following cases applies:
(a) Your request does not comply with our Terms of Service;
(b) You fail to enter a valid address and other required fields that are recognisable by the SKIDOO system;
(c) The package(s) or item(s) is / are not suitable for transport through our services and/or our independent courier;
(d) The transport may violate laws and regulations; or is detrimental to public order, or injurious to public morals;
(e) You warrant that the goods to be delivered by a Driver does not contain or constitute:
– 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;
- Human organs, ashes, bones;
- Firearms, ammunition, explosive materials, ignition equipment of all kinds such as gunpowder, etc.;
- 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 legal right of possession but are not allowed to partially or entirely move or send to other places;
- Sharp or hazardous objects including but not limited to knives, swords, spears, daggers;
- Flammable materials of all kinds such as LPG, NGV, etc.
(f) SKIDOO and/or the Drivers reserve the right to open and check the goods without prior notice to you where SKIDOO and/or the 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 SKIDOO and/or the Drivers reserve the right to refuse the receipt and delivery of such goods.
(g) You shall at all times be responsible for ensuring that you provide SKIDOO and/or the Drivers with accurate and sufficient details to enable the Drivers to complete the receipt and delivery of your goods.
- Charges and Payment.
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: SKIDOO LINK FOR PRICING
(a) Payment amounts quoted are in Malaysia currency and include Malaysian Sales and Services Tax (SST), where applicable.
(b) SKIDOO 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.
© SKIDOO reserves the right to charge a cancellation fee, as follows:
- For a “Scheduled (>30 min)” service, the base fare will be charged if you cancel after the driver arrives at the pickup location.
- For a “Deliver Now” service, the base fare will be charged if you cancel 5 minutes after being matched to the driver and/or after the Driver arrives at the pickup location.
- For a Driver who is on the way to the pickup location: The Driver will call you to confirm the order prior to departing. If delivery is confirmed with the Driver and a cancellation happens after the scheduled time, 50% of the order fee will be chargeable to the customer. SKIDOO will assist in communicating the charges to the customer on the driver’s behalf.
(d) Once a vehicle type and starting point/end-point have been entered into the Platform, it will provide you with the delivery price. By confirming the delivery request, you accept to pay the delivery price quoted and that additional charges may be imposed according to the pricing portal as mentioned in paragraph 6.1
(e) You shall pay the Drivers in cash all sums immediately when due as indicated on the App. If any of the parties does not agree with the charges, SKIDOO customer service must be contacted prior to payment to the driver.
(f) Payment for the Services may be done in the following manner: –
(g) by cash, which shall be payable to the Driver immediately upon order completion and
(h) by online transfer, as stipulated on SKIDOO Website
© SKIDOO reserves the right to refund to you the equivalent sum of amount paid by you in the event SKIDOO for any reason is unable to process the application/request for Services.
- No hard-copy receipt will be provided to you. An electronic receipt will be automatically provided after completion of an order, sent to an email address provided by you subject to your activation of the “E-Receipt” toggle on the Platform.
SKIDOO may introduce promotions from time to time. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
You agree to indemnify and hold SKIDOO and its officers, directors, employees and affiliates harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with:
(i) your use of the Services obtained through your use of our Platforms;
(ii) your breach or violation of any of these Terms;
(iii) SKIDOO use of your User Content;
(iv) your violation of the rights of any third party, including Driver.
(a) The Platform is delivered to you on an “as is” basis and although Skidoo has used its best endeavours to ensure that the Platform will work properly on your mobile device, Skidoo does not warrant the performance of the Platform nor the compatibility of the Platform with your mobile device.
(b) The Platform is also delivered to you on an “as available” basis and Skidoo does not warrant the availability of the Services, the availability of Drivers through the use of the Services, the accuracy of the data or information provided as part of the Services.
(c) Skidoo 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 Drivers. You agree that you shall bear all risk arising out of your use of the Services and any service provided by the Drivers and you shall have no claim against Skidoo.
(d) Skidoo 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.
(e) You acknowledge and agree that Skidoo 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 Driver.
The foregoing limitations and exclusions apply to the extent permitted by law.
10. Personal data and privacy
(a) You shall be required to submit your personal information to Skidoo in order to use the Platform and the Services.
(b) You consent to Skidoo using your personal data (including but not limited to your name, pick-up and delivery addresses and contact number) as provided by you to Skidoo from time to time when you use the Software for the purpose of providing the Services.
(c) You consent to Skidoo collecting, using, keeping and updating your personal data to such extent, for and at such time period as may be necessary when Skidoo provides the Services to you, and you confirm that the personal data so provided by you are true and correct and up to date.
(d) You further expressly consent that Skidoo 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 driver, confirmation/clarification of the booking information between you and the vehicle’s driver, and tracking the booked vehicles when Skidoo provides the Services to you.
(f) Skidoo may disclose to you personal data belonging to a Driver during the provision of the Services. You represent and warrant that you shall not use the personal data of the Driver for any purpose other than for purposes of using the Services
a) Any claims for damage to and/or loss of the delivery Item must be made within five (5) business days from the date on which SKIDOO accepts for the delivery Item for delivery, failing which SKIDOO shall have no liability whatsoever.
(b) Claims are limited to one claim per delivery Item, settlement of which shall be full and final settlement for all loss or damage in connection therewith.
(c) Provided that SKIDOO is satisfied that your claim is justified, SKIDOO’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 SKIDOO or RM200 per delivery item, whichever is lower (“Compensation Limits”).
(d) In the case of damage to the delivery item, the amount of compensation shall be based on SKIDOO’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.
(e) SKIDOO 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 SKIDOO by you under any services provided to you.
(f) Save in cases of a delivery failure and provided that SKIDOO is satisfied that your claim is justified, our liability for any loss or damage arising from SKIDOO 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.
12. Intellectual Property
Nothing in these Terms and Conditions shall grant you any rights in or to the intellectual property belonging to Skidoo. Skidoo and/or its related corporations (where applicable) shall at all times own all the rights, title and interest and to the Sites, Platform, Services, Skidoo’s name, logos, trademarks, service marks, designs, copyrighted materials and all other intellectual property rights of Skidoo.
13. Modification of Terms and the Services
We reserve our rights to change any of these Terms and the revised Terms will be binding on you upon posting on our website. We also reserve the rights to change, suspend or discontinue our Services by sending by posting a notice on our website, which also shall be binding on you upon posting.
14. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and us agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these Terms
15. Entire Agreement
These Terms and Conditions constitute the entirety of the agreement and understanding between you and Skidoo with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter