Last Modified: 23rd March 2024

<br><br>These Terms and Conditions (“Terms”) govern the access or use by you of the information service platform (“Platform”) through our mobile applications, website, and applications (together “Applications”) to receive services made available by Hop Apps Sdn Bhd, a company incorporated in Malaysia with SSM registration number of 202401010322 (1556172-P) with its registered office at C-2-6, Block C, Megan Avenue 1, 189 Jalan Tun Razak, 50400 Kuala Lunpur, Malaysia. (“Hop Malaysia”). 

<br><br>Please make sure to carefully read through these Terms before accessing or using the Platform. These Terms whether stated or otherwise referenced herein set forth rights and obligations and constitute a legal agreement between Hop Malaysia and you.

<br><br>By using or accessing the Platform, you hereby expressly affirm that:

<br>you have read and understand these Terms

<br>you will comply with these Terms;

<br>you will comply with Community Guidelines; and

<br>you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts.

<br><br>You also acknowledge and agree that you have the authority to enter into these Terms personally and, if applicable, on behalf of any organization on whose behalf you have enrolled for use of the Platform and to bind such organization to these Terms.

<br><br>IF YOU DO NOT AGREE TO ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR USE THE PLATFORM. PLEASE READ “DISCLAIMER”, “LIMITATIONS OF LIABILITY” AND “INDEMNITY” CAREFULLY. THESE PROVISIONS LIMIT OUR LIABILITY TO YOU.

<br><br>In these Terms, the words “you” or “your” refer to all individuals and other persons who access or use the Platform, including, without limitation, any organizations that enroll or otherwise access or use the Platform through their respective representatives or employees (“User(s)”).

<br>In these Terms, “Applicable Law” means applicable Malaysian laws, rules, and regulations governing payments and all services provided hereunder, including any and all foreign laws, treaties, rules, regulations, regulatory guidance, directives, policies, orders or determinations of (or agreements with), and mandatory written direction from (or agreements with) any regulatory authority, as each of the foregoing may be amended and in effect from time to time.

<br>We reserve the right to change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of the Terms and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices. Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Platform after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

<br><br>1. Our Services

<br>The services provided by Hop Malaysia (“Services”) are meant to connect Users and independent third party delivery partners (“Delivery Partner”) who provide transportation, logistics and/or delivery services. The transportation and/or logistics services provided by the Delivery Partner could be availed/requested through the use of the Platform supplied by Hop Malaysia.

<br>You acknowledge that Hop Malaysia by itself or any of its affiliates does not own, employ or provide transportation and/or logistics services or function as a transportation carrier and that all such transportation, or logistics services are provided by Delivery Partners.

<br><br>2. Use of the Software

<br>While using the software provided by Hop Malaysia (“Software”) you agree that:

<br>you are permitted to install a copy of the Software on your mobile device for your use;

<br>you are not permitted to rent, lease, sublicense, distribute or transfer copies of the Software or the license for the use of the Software to any third parties;

<br>you shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform;

<br>you shall not modify, adapt, reverse engineer, decompile, disassemble, translate the Software or create derivative works based on the Software;

<br>you shall not interrupt the normal operation of the Software, or use any methods to export or modify the source code of the Software;

<br>you shall not upload or send any kinds of computer viruses, worms, trojans, or malicious codes;

<br>you shall not install and/or execute the Software on any device other than the mobile device and web running the operating systems approved by Hop Malaysia; and

<br>other than the license to use the Software granted hereof, no other license or right is hereby granted to you and the ownership of the Software and all other rights are hereby expressly reserved by Hop Malaysia and its suppliers.

<br><br>3. Use of the Services

<br><br>User Account

<br><br>In order for you to use the Services, you are required to register for a personal account (“Account”) with Hop Malaysia. During Account registration, you are obligated to provide your personal information, such as your name, contact information directly or indirectly in accordance with Hop Malaysia’s Privacy Policy.

<br>Once the Account registration is successfully completed with Hop Malaysia, you will be provided with an Account, accessible with a password of your choice. The Services or Platform may be restricted/limited based on your resident jurisdiction because of age, in such cases you must abide by the age limits and not use the Services or the Platform.

<br>You agree that the details entered and maintained by you are accurate, complete and valid. Hop Malaysia is not liable for false, incomplete, old or incorrect registration information provided by you. Your failure to enter or maintain accurate, complete, and valid information may result in your inability to access and use the Services. You are responsible for all activity that occurs under your Account. Hop Malaysia is entitled to verify the information that you have provided at all times and refuse the use of the Services without providing reasons and prior notice.

<br>You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Applications. Hop Malaysia does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. Hop Malaysia reserves the right to terminate the use of the Services should you be using the Service in an incompatible or unauthorized device or that the security of your account has been compromised in any way or for any reason we may find.

<br>While using the Services, you agree that:

<br>you shall only access the Services using means explicitly authorized by Hop Malaysia;

<br>the Platform and Services provided will solely be used by you for your personal use and will not be resold to any third party;

<br>you will not authorize others to use your Account;

<br>you are only allowed to open a single Account;

<br>transferring of your Account to any other person or legal entity is not permitted;

<br>you cannot use an account that is subject to any rights of a person other than you without appropriate authorization;

<br>Hop Malaysia holds the right to include/exclude the Users from promotional offers;

<br>the Services cannot be used for unlawful purposes, including but not limited to (i) violation of Applicable Law; (ii) storing or sending any unlawful material; (iii) sharing of sensitive personal information of others, without their consent (iv) causing intentional harm, nuisance, inconvenience or annoyance; (v) impairing or harming the proper operation of the Services; (vi) exhibiting the tenor of impersonating another person; or (vii) copying or distributing the Services without the permission of Hop Malaysia;

<br>your password or any identification credentials that Hop Malaysia provides to you should be secure and confidential;

<br>proof of identity or other documentations needs to be submitted immediately if requested by Hop Malaysia;

<br>compliance with all the Applicable Law is a must while using the Services;

<br>you will not engage with the Delivery Partner outside of the Platform directly or indirectly;

<br>you shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. Hop Malaysia reserves the right to bar any such activity;

<br>you shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Platform;

<br>you shall not collect or harvest any personally identifiable information, including account names, from the Platform;

<br>you shall not engage in threatening, harassing, discriminatory (based on race, gender, age, disability, or any other protected classification) or any other behaviour that Hop Malaysia deems inappropriate when using the Services; and

<br>you agree to grant Hop Malaysia the right to share your information and/or permitted information with any third parties in accordance with Hop Malaysia’s Privacy Policy.


<br><br>Rules of Use:

<br><br>Users warrant that they are either the owners or the authorized agents of the owners of the goods and materials comprising any requested shipments, and that the Users are authorized to order that the shipments be made in accordance with the Users’ instructions.

<br>Users warrant that they have accepted these Terms not only for such Users but (if applicable) as agents for and on behalf of the owner of the goods and materials comprising shipments.

<br>Users understand that the Delivery Partners will be directed by the User’s instructions to transport the shipments to the User’s designated location. Users agree that neither the Delivery Partner nor Hop Malaysia holds title to or acquires any ownership interest in any shipments that the Users request to be delivered through the Services.

<br>Users shall verify the information of the Delivery Partner and vehicle and use the User’s own discretion to decide whether or not to accept the services of the Delivery Partner before the shipment. Users shall be deemed to have accepted all information (including but not limited to the information of the Delivery Partner and vehicle) relating to the shipment provided by the Delivery Partner, whether or not such information is identical to the User’s order information. After the shipment, User shall not hold Hop Malaysia liable for any inconsistency between any information in the shipment and the order information.

<br>Users shall give the Delivery Partners sufficient, accurate and executable instructions or orders. Any extra costs arising from the difference between the Users’ provided information and the actual situation or facts involved shall be borne by the User. Any amendment or change to a User’s instructions or orders (and any pricing or cost changes triggered by such amendment or change) must be approved and updated in the Application unless otherwise permitted by Hop Malaysia.

<br>If the Delivery Partners find that the actual item to be delivered does not match the item description or delivering such item would violate Hop Malaysia Terms upon arrival at the pick-up location, Delivery Partners may refuse to accept the order. Further, Hop Malaysia may charge the User a cancellation fee or the entire order Charge.

<br>Users warrant that they have complied with all laws and regulations relating to the nature, condition, packaging, handling, storage and carriage of the goods and materials comprising shipments. Users shall not dispatch (and Delivery Partners are entitled to refuse transport of) any articles that are prohibited by law, dangerous or hazardous materials, perishable substances, and radioactive material. Users are liable for any loss or damages (including physical damages, lost revenues, personal injuries, financial damages or losses, or any other loss or damage) suffered by any third party as a result of a User’s breach of these Terms.
<br>Users warrant that the goods to be delivered by the Delivery Partner do not contain or constitute:

<br>Fragile items (including flowers, cakes) without proper packaging that require special handling

<br>Hazardous, explosive, flammable and unsafe items (including power banks)

<br>Valuable items and documents (e.g. cash, passport, birth certificate)

<br>Credit or debit cards

<br>Illegal substances, including duty free alcohol or cigarettes

<br>Live animals and plants

<br>Any unpacked / loose items that can be easily damaged in transit

<br>Items exceeding size, dimensions or weight of selected vehicle type 

<br>Counterfeit goods

<br>Animals (live or otherwise)

<br>Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones

<br>Real or imitation weapons including firearms or parts thereof, explosives or ammunition

<br>Human organs or remains (Ashes or bones)

<br>Pornographic material

<br>Any item(s) of an aggregate value exceeding MYR 500 (Ringgit Malaysia Five Hundred). You hereby agree that if you are desirous of insuring your goods, you shall procure your own insurance coverage

<br>Non-food item below 2kg in weight

<br><br>Delivery Partners will not open and inspect shipments nor be responsible for transporting special goods without prior agreement from the User. Except in relation to Corporate Account User, Hop Malaysia and Delivery Partners shall bear no responsibility or any legal liability resulting from the transportation of shipments.
<br>Users shall ensure that shipments are adequately packed to protect against damage in the course of transmission, and also that no part of any shipments can be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced apart.
<br>Users shall ensure that shipments are properly packaged so as to protect against damage to the shipments during the course of transportation, and in particular, in the case of a shipment of a fragile nature or is susceptible to damage by bending, that shipment shall be packaged in a case or container of sufficient durability and strength and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container to prevent the shipment from being bent, such that the shipment is guarded against damage that may result from any force, pressure or blows to which transportation items are ordinarily subject during the course of transportation and that such fragile shipments shall bear specific words indicating its contains fragile items displayed on the face of the case or container and above the address of the named addressee.

<br><br>Hop Malaysia shall not be responsible for providing a protective service for transporting perishable commodities or commodities requiring protection from heat or cold. Any additional protective service (if available) is provided solely and directly by the Delivery Partner. Such commodities will be accepted for transportation solely at the User’s risk for any damages arising from the transportation.

<br>Users shall provide in respect of each shipment all necessary information. In the event that the recipient is found to be absent from the address specified by the User, no other person is present to take the shipment, and no other instructions have been provided by the User, the Delivery Partner will contact the User (at the number provided by User) and attempt to return the shipment back to the User. In the event the Delivery Partner cannot reach the User at the number provided by User, the Delivery Partner may attempt to redeliver the shipment to the recipient. You agree that the unclaimed items which the recipient or User cannot be contacted will be delivered to Hop Malaysia’s local office. If the items remain unclaimed 14 days after receipt of the items, Hop Malaysia can proceed with the unclaimed items at its discretion. Any fees for additional handling and further shipment transportation will be borne by the User. Should a re-transportation of items be needed, a new transportation order will be placed and billed. 

<br>The Delivery Partner will not help with loading, unloading, moving, hauling or lifting the User’s shipment unless the Door-to-Door Service is requested by the User. Users must read and understand the relevant policies published by Hop Malaysia. By requesting Door-to-Door Service, Users warrant that they have accepted and shall comply with all the policies published by Hop Malaysia and Applicable Law and regulations with respect to such requirements. An additional fee will be applied for Door-to-Door service, related cost is based on the Delivery Partner’s sole discretion. Please find the Door-to-Door Service Terms Here.

<br>Hop Malaysia reserves the right to terminate the Account, Services and use of Application in the event of non-compliance with any of the above requirements. Hop Malaysia reserves the right to modify, terminate or suspend the Services to you at any time, without prior notice, due to any changes in our internal policy or the Applicable Laws or any breach of these Terms by you, or for any necessary reason at Hop Malaysia’s sole discretion.

 

<br><br>Communication 

<br><br>By creating an Account, you electronically agree to accept and receive communications from Hop Malaysia including via email, text message, calls, and push notifications to the mobile device or cellphone number you provide to Hop Malaysia. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Hop Malaysia, its affiliated companies and/or third party contractors, including but not limited to communications concerning orders placed through your registration with respect to the Services. You may opt-out by changing your notification preferences. Please note that opting out may impact your use of the Services.

 
<br><br>Other Third Party Interactions

<br><br>While using or accessing the Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform. Any such activity, terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. Hop Malaysia and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Hop Malaysia has no responsibility or liability arising from any agreements between you and such third party providers.


<br><br>4. Payments on the Services

<br><br>Except in relation to Corporate Account User, use of the Platform is free of cost, but Hop Malaysia reserves the right to introduce a fee for the use of the Platform. (If we introduce this fee, you will be notified, and you can decide to continue or terminate your Account).

<br>While using the Services you understand and agree that:

<br><br>Hop Malaysia shall charge you any applicable taxes and any other fees that may be due for a particular use of the Service (“Charges”) for the transportation services and other services provided to you by the Delivery Partner. Payment of the Charges in such manner shall be considered the same as Charges  made directly by you to the Delivery Partner and such Charges may fluctuate from time to time subject to supply and demand and any other factors;

<br>the Charges are due upon the order being placed and will be deducted from your Hop Malaysia Corporate Program or preferred payment method designated in your Account;

<br>the Charges paid are non-refundable unless otherwise determined by Hop Malaysia on a case-by-case basis;

<br>Charges  quoted are in Malaysian Ringgit  with applicable taxes where required by law;

<br>any priority fee or add-on fee is voluntary, however once you select to pay those fees, they will be added into the Charges and you are obliged to pay them;

<br>Hop Malaysia reserves all right to adjust the charges based on actual circumstances;

<br>any application/request for service is subject to the availability of resources. In the event any application submitted is not processed, Hop Malaysia shall inform the User by email, text message, calls, or push notifications to the mobile device or cellphone number you provide to Hop Malaysia;

<br>Hop Malaysia reserves its full discretion to determine whether to refund to the User the equivalent sum of amount paid in the event Hop Malaysia for any reason is unable to process the application/request;

<br>You may elect to cancel your request for services from the Delivery Partner at any time prior to the arrival of the Delivery Partner, in which case you may be charged a cancellation fee without prior notice;

<br>receipt is issued to the User when the payment for top-up or Charges is successful. A negative balance in Hop Malaysia Corporate Program may lead to the unavailability of the Services;

<br>Hop Malaysia retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the sender/recipient have breached any of the Terms in this Agreement. In such an event, you shall not hold Hop Malaysia liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

<br><br>You can choose to pay for the Charges by the following methods:

<br>Cash Payment: Cash payment towards the Charges shall be borne by you.
Electronic Payment Gateways: You may settle the Charges through third-party Electronic Payment Gateways. The process of the payment is subject to the confirmation from the third party payment processor ("Payment Processor"). Hop Malaysia is not responsible for any errors on the Payment Processor’s end. Hop Malaysia shall not be responsible for any unauthorized use of your Electronic Payment Gateways during or after availing the Services.

<br>Bank-in: Hop Malaysia shall process the application/request for top-up through bank-in only after the User's payment is cleared by the bank appointed by Hop Malaysia and upon approval by Hop Malaysia.

 
<br><br>5. Intellectual Property Ownership

<br><br>Hop Malaysia alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Services. These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Platform and the Services, or any intellectual property rights owned by Hop Malaysia. Company names, logos, and the product names associated with the Platform and the Services are trademarks and/or intellectual property of Hop Malaysia or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform and the Services.

<br>By providing content, information or materials (“User Content”) to Hop Malaysia, you grant Hop Malaysia a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

<br>You acknowledge that Hop Malaysia only acts as a passive channel for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Hop Malaysia shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Hop Malaysia be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Hop Malaysia.

<br>Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

<br>You agree to indemnify and keep Hop Malaysia, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Hop Malaysia or its affiliated companies related to any User Content posted or transmitted by you or your other use of the website, the Service or the Application.

<br>Hop Malaysia reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Hop Malaysia believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to us.

<br>Hop Malaysia respects your rights to your ideas, please do not submit any confidential ideas, information, or suggestions in any form to Hop Malaysia or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Hop Malaysia, without any compensation to you; (ii) Hop Malaysia has no obligation to review your submissions; (iii) Hop Malaysia may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Hop Malaysia has no obligation to keep your submissions confidential.

<br>You may use information on the Platform purposely made available by Hop Malaysia for downloading from the Platform, provided that you:

<br>do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;

<br>use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; and

<br>do not make any additional representations or warranties relating to such information.

<br>These Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the website, the Application or the Service, or any intellectual property rights owned by Hop Malaysia.


<br><br>6. Disclaimers

<br>The Services are provided "as is" and "as available." Hop Malaysia makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services requested through the use of the Services, or that the Services will be uninterrupted or error-free.

<br>Hop Malaysia does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law.

<br>Hop Malaysia does not control, manage or direct any third party providers including Delivery Partner. Third party providers are not actual agents, apparent agents, ostensible agents, or employees of Hop Malaysia.

<br>Hop Malaysia does not control, endorse or take responsibility for any User Content or third party content available on or linked to by the Services. Hop Malaysia cannot and does not represent or warrant that the services or servers are free of viruses or other harmful components.

 
<br><br>7. Limitation of Liability

<br><br>Except in relation to Corporate Account User, Hop Malaysia is not responsible and shall not be held liable for:

<br>damage/defect/change of item/property from its original state due to substandard packaging;

<br>item/property already damaged/defected/changed before the start of the transportation;

<br>quality of the Services as it is entirely dependent on the Delivery Partner, who is ultimately providing you the transportation and/or logistics services;

<br>any booking that is not accepted;

<br>any damages resulting from the use of or inability to use the Services, including damages caused by wrong usage of the Services, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness;

<br>appropriateness of mobile or email or any other communication medium. You shall be responsible for immediately reporting the errors, if any, occurred in the information sent to you regarding booking confirmation;

<br>any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever, including profit and loss, whether based on contract, tort, negligence, strict liability or otherwise, even if Hop Malaysia has been advised of the possibility; and

<br>any lost items during the Services, Hop Malaysia will try to locate the items on a "best-effort" basis but is not responsible for any loss or damage of such items.

<br>For the delivery of food, cake or pastry, these items shall be packed in stable and secure packaging. Each item shall stick to and be stable on the base. The base needs to be fixed with the outer packaging to avoid sliding during delivery. The packaging material must have appropriate space to avoid direct collision and friction with the packaging. Cakes that cannot be frozen are not recommended for delivery. The height and weight of the decorations on the top of the cakes have certain delivery risks. Please evaluate the risks before placing an order for delivery.

<br>Only car and larger vehicle orders will be processed for compensation if there is damage during delivery.

<br><br>8. Damage Claims

<br>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 Hop Malaysia 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.

<br>Except in relation to Corporate Account User where you elect not to use any insurance service, Hop Malaysia shall nevertheless reimburse you the cost for any lost, stolen, damaged or destroyed goods transported by a Driver subject to a maximum amount of up to RM100.00 (for non-corporate clients) or up to RM400.00 (for corporate clients that have a corporate account with Hop Malaysia) per delivery, subject to the provision of proof of evidence to the satisfaction of Hop Malaysia such as receipts, invoices and photographs of any damaged items. The reimbursement will be transferred directly to your Hop Malaysia wallet.

<br>Any claims must be made within 24 hours after the delivery has been completed, failing which Hop Malaysia shall have no liability whatsoever. Users must submit all claims using live chat with our customer service team by providing evidence and relevant proof of the value of the goods with photos. Our customer service team will get back to you within 7 working days.

<br><br>9. Indemnity

<br><br>By accepting these Terms and using the Service, you agree that you shall defend, indemnify and hold Hop Malaysia, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

<br>your violation or breach of any term of these Terms or any Applicable Law or regulation, whether or not referenced herein;

<br>your violation of any rights of any third party, including Delivery Partner arranged via the Platform; or

<br>your use or misuse of the Service.

 
<br><br>10. Governing Law

<br><br>Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Malaysia. In the case of cross-jurisdictional orders (e.g. Philippines users placing Malaysia order), Hop Malaysia reserves all rights and shall have full discretion to decide on the applicable terms and conditions on a case-to-case basis. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be settled by mediation, arbitration or courts of Malaysia as Hop Malaysia deems appropriate. 

 
<br><br>11. General

<br><br>These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hop Malaysia without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms binds and inures to the benefit of each party and the party’s successors and permitted assigns.

<br>If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

<br><br>12. Language Versions 

<br><br>In case of any discrepancy between the English version and any regional language version, the English version prevails.

 
<br><br>13. API Access

<br><br>Hop Malaysia provides service via API integration, you can refer to the details of Hop Malaysia API Terms & Conditions. 

<br><br>14. Warranties 

<br><br>You further represent and warrant that: (a) you have all rights and permissions necessary to provide Hop Malaysia with the Data and any other information provided to Hop Malaysia hereunder in connection with the Service; (b) you have obtained consent from the Authorised Users to provide Hop Malaysia with any personal data in connection with the Service, (c) you have notified, and obtained consent from Authorised Users that Hop Malaysia will provide them with the detailed order information for the Services or other bookings charged to your Corporate User Account.
 
<br><br>15. Protection Promises 
<br><br>Loss, theft, damage or destruction of Shipments of orders made by the selected Corporate Account Users are subject to the protection promises made available by Hop Malaysia in accordance with Goods Protection Promises. Hop Malaysia reserves the right to select Corporate Account Users covered by the Goods Protections Promises.