Desaworx Terms & Conditions of Service
The Desaworx.com platform provides a means to enable an individual or persons ("posters”) who seek delivery to certain destinations and real time fulfilment of an errandor errands at a specific location to be matched with persons with capacity and ability to fulfil these tasks ("Desaworxters"). The Desaworx.com platform also offers information and a method to connect Desaworxters and posters with each other but does not provide delivery services or acts in any manner as a delivery carrier. That being the case, the Desaworx.com platform allows for posters and Desaworxters to switch roles from time to time during the fulfillment of a task or tasks.
The services as mentioned above shall collectively be defined as the "services". These terms and conditions shall govern your use of and participation as poster or Desaworxter in the Desaworx.com platform. "Personal Data” refers to information about an identifiable individual, but excludes the designation, business address and/or telephone number of an individual who is an employee of an organisation.
1. Below are the terms and conditions of Desaworx.com, a community marketplace concept application and platform ("platform”) owned and operated by Desaworx Sdn. Bhd. (Company no. TBA), incorporated in Malaysia. By your sign up and/or usage of Desaworx.com services, website and products, you are legally and automatically bound to these terms and conditions without conditions.
2. By virtue of your sign up and/or usage, you accept all terms and conditions of the Desaworx.com platform. This means that you affirm your understanding of the terms and conditions of Desaworx.com and are within full capacity to enter into transaction with Desaworx.com and Desaworx Sdn. Bhd for its services and/or products.
3. Desaworx.com does not provide carrier, transportation or delivery services. It is up to the Desaworxter and Poster to decide whether or not to offer delivery services to a poster on the Desaworx.com platform and it is up to the poster to decide whether or not to accept a delivery offer from any Desaworxter over its poster, contacted through the Desaworx.com platform. Any decision to offer or accept delivery or task fulfilment services once such poster that is matched through the Desaworx.com platform is a decision made solely between the poster and Desaworxter without liability or responsibility to Desaworx.com and Desaworx Sdn. Bhd. Additionally, Desaworx.com and Desaworx Sdn. Bhd. shall not be liable for the actions and transactions of the poster and Desaworxter and be treated as absolutely blameless at all times. Please read these terms and conditions carefully before signing up and using the services. If you do not agree to be bound by these terms and conditions, please do not use or access the Desaworx. My platform or sign up for any of the services provided on the platform. You may elect to read these terms and conditions again at any time after signing up and/or using our services.
4. These terms and conditions, and its updates are subject to the discretion of the Desaworx.com management team at any time, notice thereof shall be posted on the Desaworx.com platform as and when needed. You are bound by all amended terms or updates which become effective upon their posting on the Desaworx.com.
Purpose of Scope and Operations
Desaworx.com is a app/web based communications platform that operates as an online marketplace for errands and deliveries. This is done by connecting potential clients (Posters) with people (Desaworxters) who can accomplish one of four categorized tasks as listed out.
1. Dispatch- this type of job requires a Desaworxter to either ‘pick up’ and/or ‘drop off’ items such as documents, parcels or packages utilizing their own method of transport in exchange for payment by the Poster.
2. Shopping- this type of job requires a Desaworxter to spend their own money to purchase a list of items as outlined by the Poster and delivering it to them, utilizing their own method of transport in exchange for payment by the Poster which includes reimbursement of purchased items.
3. Food- this type of job requires a Desaworxter to spend their own money to purchase food outlined by the Poster and delivering it to them, utilizing their own method of transport in exchange for payment by the Poster which includes reimbursement of purchased items.
4. Helper- this type of job requires a Desaworxter to ‘help’ out on a task outlined by the Poster which includes manual labor, effort and time in exchange for payment by the Poster.
Desaworx.com does not undertake these jobs nor does it employ individuals to complete jobs. Additionally Desaworx.com does not supervise, direct or control the jobs a Desaworxter accepts to which the Desaworxter and Poster acknowledges.
Users of Desaworx.com are subject to an extensive vetting process when they register to be a Desaworxter and during their use of the Desaworx.com platform including but not limited to a verification of identity and a comprehensive criminal background check. Those seeking to register to be a Desaworxter hereby consent to Desaworx.com conducting these background checks as often as necessary in compliance with Malaysia’s state and federal laws. Once verified, aspiring Desaworxters must attend a training session and complete a multiple choice test to validate their understanding of what is taught and to ensure their English competency skills are acceptable.
Contract Between Desaworxter and Poster
By using Desaworx.com app and website you acknowledge that a contract is formed when you agree the terms of a job with another user. As a Poster you acknowledge that you offer an agreed financial sum as payment to the Desaworxter for a job that you have assigned which may include reimbursement for costs taken-on by the Desaworxter. As a Desaworxter you acknowledge that you will comply strictly with the Poster’s instructions in exchange for payment that you have agreed to, understanding that you will have to assume responsibility of your own costs and utilize your own method of transportin pursuit of completing the job.
Payment for jobs can be done through cash on-handor through the payment service provider (as defined below). Both parties agree to notify Desaworx.com of any disputes arising from the job at least (30) days before initiating any proceedings or action against the other party, utilizing Desaworx.com as an intermediary and mediator to resolve aforementioned disputes.
Acceptable use Policy
Users of Desaworx.com may not in any way utilize the online platform for any activity that:
1. Violates any state and federal law or government regulation in Malaysia.
2. Violates any rule or regulation stating the acceptable code of conduct enforced by Desaworx.com on its Desaworxters.
3. Violates any rule or regulation by Visa, Mastercard or any Credit Card Network that is utilized by Desaworx.com on its platform for payment use.
4. Violates any rules or regulations dictated by our payment service provider.
5. Is fraudulent, deceptive, unfair or predatory.
6. Causes or threatens reputational damage to Desaworx.com or any Credit Card Network.
7. Involves any of the business categories which are age-restricted such as alcoholic beverage (exceptions apply if age is verified).
8. Results in or creates significant risk of chargebacks, penalties, damages or other harm or liability.
Termination and Suspension
Desaworx.com reserves the right to terminate or suspend your right to use the online platform in the event we believe that you have breached this Agreement by providing you with a written or email notice of such breach/termination/suspension that will be effective immediately upon delivery. If your right to use Desaworx.com is terminated or suspended, this agreement will remain enforceable against you. You may terminate this agreement at any time by ceasing all use of the Desaworx.com platform. All sections which by their nature should survive the expiration or termination of this agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this agreement.
Eligibility and Representations
1. Our services at Desaworx.com and through the Desaworx.com platform are available only to, and may only be used by individuals of 18 years of age and above. By signing up and/or participating as a poster or Desaworxter, you represent and warrant that you meet this requirement. You also represent and warrant that you have the right, authority and full capacity to be a poster or Desaworxter.
2. Your information is any information you provide, publish or display ("publish") to the Desaworx.com platform or send to other posters in the registration or in any public message area (including, but not limited to the feedback section) or through any email feature ("your information"). Your information will be stored on computers and in our business server. However, any personal information provided by you shall be collected, stored and retained by Desaworx Sdn. Bhd. in accordance of the provisions of the Personal Data Protection Act 2010, a copy of the act is available for view at the library records of the Bar Council of Malaysia or online. By your sign up and/or usage of the services, you consent to us using your information to create a poster account that will allow you to participate in the services.
3. By signing up in the Desaworx.com platform and/or using the services, you agree that we may obtain personal information including and without limitation to your identification, contact details or points, driving record, references and/or credit information. You hereby authorize Desaworx.com and Desaworx Sdn. Bhd. to perform necessary background checks for its purposes, and further agrees to provide any necessary authorization to facilitate our access to necessary information for the purposes of the business of Desaworx.com.
4. You are solely responsible for your information and your interactions with other people in the public, and we act only as a passive conduit for your online posting of your information. When you use the Desaworx.com platform, you agree to provide accurate, current and complete information as prompted by our registration form and to maintain and timely update your information to keep it accurate, current and complete at all times during the term of the agreement. You also agree that Desaworx Sdn. Bhd, participants in the Desaworx.com platform and the public may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate this your use of the services without notice to you.
5. You are allowed to one Desaworx.com account on the Desaworx.com platform or authority over one Desaworx.com account thereon. You are also responsible for maintaining the confidentiality of any password provided by you or Desaworx.com for accessing the services. Additionally, you are solely and fully responsible for all activities that occur under your password or account.
6. Desaworx.com represents that it has no control over the use of its Desaworxter or poster's account at all times and expressly disclaims any or all liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact the Desaworx.com administrators immediately. Desaworx.com and Desaworx Sdn. Bhd. reserves the right to take any legal action against you for misrepresentation for any loss or damage suffered as a result of any misuse or abuse of your account.
7. Desaworx.com tries its best to protect the privacy of data exchange in the Desaworx.com platform from misrepresentation, third party abuse or internal hacking but shall not be liable or claims no admission to liability in the event of any damage or loss occurs to the poster or Desaworxter. All data exchange outside the Desaworx.com platform between the poster and Desaworxter is strictly at the risk of the poster and Desaworxter.
8. By using the Desaworx.com plaform and the services, you as the poster, represents, warrants and agrees that:
a. The poster had made all necessary checks before posting tasks on the Desaworx.com platform;
b. The poster will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws including being involved in any criminal, drug or unlawful activities;
c. The poster is solely responsible and shall indemnify all claimants including Desaworx Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Desaworx.com, the Desaworx.com platform in the posting of the poster up to the delivery of tasks mentioned in the poster for the poster at all times;
d. The poster shall not treat, name or hold Desaworx.com or Desaworx Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Desaworx.com, the Desaworx.com platform by the Desaworxter; and
e. The poster makes and will make all necessary declarations on the Desaworx.com platform or if asked from time to time by Desaworx Sdn. Bhd. about restricted activities.
9. By using the Desaworx.com plaform and the services, the Desaworxter however represents, warrants and agrees that:
a. The Desaworxter makes and will make all necessary declarations on the Desaworx.com platform or if asked from time to time by Desaworx Sdn. Bhd. about restricted activities;
b. The Desaworxter possesses a valid driver’s license and is authorized to operate a third party insured motor vehicle ("vehicle”) and has all appropriate licenses, approvals and authority to provide delivery to third parties in all jurisdictions in which such Desaworxter uses the services;
c. The Desaworxter owns or has the legal right to operate the vehicle when making delivery tasks as per the poster and that such vehicle is in good operating condition including meeting the Malaysian vehicle safety standards in accordance with the Malaysian law;
d. The Desaworxter’s vehicle has a valid policy copy of third party liability insurance for the operation of such Desaworxter’s vehicle to cover any anticipated losses related to such Desaworxter’s provision of deliveries to posters;
e. The Desaworxter will be responsible for any and all damages, loss and harm which results from the operation of the vehicle of the Desaworxter including, but not limited to, personal injuries, death and property damages and absolutely indemnifies Desaworx Sdn. Bhd. if damages, loss and harm occurs to it and Desaworx.com;
f. The Desaworxter will be solely responsible for his/her own health and safety during the delivery of tasks accepted in the poster;
g. The Desaworxter will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws;
h. The Desaworxter is solely responsible and shall indemnify all claimants including Desaworx Sdn. Bhd. and its representatives against any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Desaworx.com, the Desaworx.com platform in the discharge of its delivery or the services for the poster at all times;
i. The Desaworxter shall not treat, name or hold Desaworx.com or Desaworx Sdn. Bhd. responsible for any misconduct, abuse, misrepresentation or wrongful allegation regarding or involving Desaworx.com, the Desaworx.com platform by the poster or poster.
1. All Desaworxters are independent contractors of Desaworx Sdn. Bhd. only.
2. Desaworxter's relationship through the Desaworx.com platform and with Desaworx Sdn. Bhd. shall be treated as neither a partner nor an employee of Desaworx Sdn. Bhd. . Desaworxter shall be responsible for all taxes in respect of fees and monies and his own social security contributions and the Desaworxter undertakes to compensate Desaworx Sdn. Bhd. in full on demand for any liability it and its representatives suffer if the Malaysian Inland Revenue Board or other relevant government department treats the Desaworxter in this case as an employee for the purposes of taxation and/or social security.
3. By being a Desaworxter, Desaworx Sdn. Bhd. is entitled to submit any necessary information and document collected to the Malaysian Inland Revenue Board or any other government department without needing a court order for the purposes of resolving any issue faced in respect to the Desaworxter.
Desaworxter Tips and Fees
1. As a poster, you may elect to make a voluntary tip ("tip”) for the delivery a Desaworxter has provided to you. The decision whether to make a tip and the amount of the tip is at your sole discretion Desaworx Sdn. Bhd. and the Desaworxter will not receive any compensation or consideration for providing you a delivery other than the amount (if any) of this voluntary tip.
2. As a poster, you agree to assume full liability for the payment of both the tip and the cost of goods to the Desaworxter. Desaworx.com and Desaworx Sdn. Bhd. shall not be held liable for any event of default on behalf of the poster or the Desaworxter. Events of default include but are not limited to non-payment of tip and/or cost of goods to Desaworxter and non-delivery of goods posted on the poster to the poster. Desaworx.com receives a matching fee ("matching fee”) for each successful post that matches a poster to a Desaworxter. A post is deemed successful once a poster approves a Desaworxter to perform a delivery or once an automatic task approval on the Desaworx.com platform is activated. In the event of non-payment by the poster for whatever reason, Desaworx Sdn. Bhd. shall be entitled to claim back the matching fee from the poster, a fine to you by Desaworx Sdn. Bhd. may automatically imposed.
3. If a poster elects to make a tip to a Desaworxter, the full amount of the tip (including the cost of goods) is to be paid directly from the poster to the Desaworxter following completion of each delivery to the poster. The matching fee will be deducted from the poster’s prepaid credits on the Desaworx.com platform ("credits) after a poster and Desaworxter are successfully matched. Credits can be purchased on Desaworx.com using authorized credit cards, and through any other payment means offered at the discretion of Desaworx.com. All matching fee charges, prepaid credits and tips are non-refundable. The Desaworx.com platform and Desaworx Sdn. Bhd. operates a no refund policy which shall apply at all times regardless of:
a. A poster’s decision to terminate usage of Desaworx.com;
b. Our decision to terminate a poster’s usage;
c. Disruption caused to our services either planned, accidental or intentional; or
d. Any other reason whatsoever.
A tip may be any amount from rm0 up, as specified by poster before a Desaworxter can claim a specific delivery or errand. It is the poster’s sole responsibility, and not the responsibility of Desaworx.com or Desaworx Sdn. Bhd., to decide whether and how much to tip the Desaworxter. Any expenses incurred by the Desaworxter for the purposes of acquiring goods on behalf of the poster ("cost of goods”) will have to be reimbursed in full by poster to Desaworxter upon completion of delivery.
4. Desaworx.com, at its sole discretion, may make available promotional offers with different features at any time and tips may be impacted if you are a preferred partner of the Desaworx.com platform and/or have a Desaworx.com preferred partner account with Desaworx Sdn. Bhd. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Desaworx.com may change its matching fee as we deem necessary for our business. We encourage you to check the Desaworx.com platform and its contents periodically if you are interested in keeping abreast of the rate of our matching fee.
5. In the event that a poster cancels a delivery or task request on the Desaworx.com platform after a Desaworxter has purchased the requested goods, evidenced by a valid receipt. The poster agrees to pay a "cancellation fee” equivalent to the sum of the cost of goods and the pre-stipulated tip offered at the time of the posting to the Desaworxter.
1. You agree that you will use the services in a manner consistent with any and all applicable laws and regulatons. We reserve the right, but are not obligated to investigate, inform the other users in the Desaworx.com regarding you and terminate your participation in the Desaworx.com platform if you have misused the Desaworx.com platform or the services, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
2. With respect to your participation on the Desaworx.com platform or through the services, you agree that you will not:
a. Impersonate any person or entity;
b. "stalk" or otherwise harass any person;
c. Express or imply that any statements you make are endorsed by us, without our specific prior written consent;
d. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the services or its contents;
e. Publish, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
f. Remove any copyright, trademark or other proprietary rights notices contained in the service;
g. Interfere with or disrupt the services or the Desaworx.com platform or the servers or networks connected to the services or the Desaworx.com platform;
h. Post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the service;
j. "frame" or "mirror" any part of the service, without our prior written authorization or use meta tags or code or other devices containing any reference to us or the services or the Desaworx.com platform in order to direct any person to any other web site for any purpose; or
k. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the services or any software used on or for the services or cause others to do so.
3. You further agree that your information and your interactions with Desaworx Sdn. Bhd, on or through the Desaworx.com platform shall not:
a. Be false, inaccurate or misleading (directly or by omission or failure to update information);
b. Infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. Violate any law, statute, ordinance or regulation or do anything that becomes a restricted activity as per this terms of service;
d. Be anything expressly or impliedly defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material;
e. Contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language;
f. Contain any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g. Create liability for us or cause us to become subject to regulation as a delivery carrier or provider of courier service; or
h. Link directly or indirectly to any other web sites.
i. Allow any transfer, use, or sell your Desaworx.com account and/or id to any another party.
j. Cause or allow to cause any infringement of policies, terms of service, terms and conditions and written agreements of the Desaworx.com and Desaworx Sdn. Bhd.
We reserve the right, but we have no obligation, to reject or take action against any poster or Desaworxter that does not comply with these prohibitions.
Billing and Payment
1. Partners, clients, customers, posters or Desaworxters of the Desaworx.com platform may be expected to pay in advance for the services vide the Desaworx.com platform or in cash. In the event that neither applies, advance future payments shall be completed by the posters vide the designated method as prescribed in the Desaworx.com or Desaworx Sdn. Bhd. invoices.
2. All other invoices issued through the Desaworx.com platform or by Desaworx Sdn. Bhd. must be paid within 14 days of the date of invoice unless otherwise agreed in writing by the Desaworx Sdn. Bhd. In the event of late payment, a late payment interest shall be automatically levied on the amount outstanding before and after judgement at the rate of 8% of the total invoice sum and shall be in force from the due date until the date of payment. In addition, invoices unpaid for more than 30 days after the invoice date will incur an automatic penalty surcharge of 10% of the outstanding amount (including the compounding interest).
3. If any amount of an invoice is disputed then the recipient shall inform Desaworx.com or Desaworx Sdn. Bhd. in writing of the grounds for such dispute within 7days of delivery of the goods, failing which acceptance is deemed by the issuer.
4. Desaworx.com and/or Desaworx Sdn. Bhd. reserves the right to increase a quoted fee in the event that its Desaworxter, poster, partner, customer or client requests a variation to the work agreed without any waiver to these terms and conditions.
Users of the Desaworx.com platform acknowledge that Desaworx.com is not party to any contracts for the jobs completed. Payment for the jobs is made directly from the Poster to the Desaworxter and not by Desaworx.com
By using Desaworx.com you will be required to provide your bank account details and credit/debit card to Desaworx.com and to the Payment Service Provider utilized by Desaworx.com. Posters will be responsible for paying the invoice of each job which may include:
1. Pricing of itemsagreed and provided by Desaworxter.
2. Any out of pocket expenses made by the Desaworxter but agreed by the Poster.
3. The tip/fee/gratuity payment for services rendered by the Desaworxter.
4. The service charge Desaworx.com charges for utilization of the platform.
By agreeing to use Desaworx.com and not utilizing cash-on hand payment, you agree to make online payments through Desaworx.com’s payment service provider Braintree and thereby agree to their terms of service. Braintree's Acceptable Use Policy
1. Payment Terms
1.1 This constitutes a legal agreement between you and Desaworx Sdn. Bhd., governing your access to and use of our Services as a paying customer.
2. Changes of Terms
2.1 We may amend the Payment Terms from time to time in our sole discretion without notice or liability to you. It is your responsibility to review these Payment Terms periodically. By continuing to use the Services following such amendments to the Payment Terms, you agree to be bound by such amendments. If you do not agree to the Payment Terms, now or at any time, please do not use the Site, Applications, Subscription Plans, or any of the Paid Services.
3. Minimum Requirements
4. Desaworx Commission Terms
1. By acting as a verified Desaworxter, you authorise Desaworx Sdn. Bhd to charge the applicable fees, refered to as "Desaworx Commission” to your designated billing payment method.
2. When you claim a job, you will be charged immediately.
3. You agree to abide by the terms and conditions of our payment collections partner. Our payments collections partner is BillPlz (https://www.billplz.com/terms.pdf)
4. If your account has a due amount, you must settle the balance owed within 7 days through our payments collections partner, failing which, Desaworx.com at its absolute discretioni has the right to suspend your account until such time as payment is made.
5. Account balances can be set off by incentives or admin tips.
6. Desaworx.com has full descretion in investigating and deeming fraudulent transactions, by which Desaworx.com has the ability to suspend your account.
7. As a Desaworxter, you agree to pay Desaworx a commission for matching you with a job. The commission will be as per stated in the Desaworx platform.
8. In the event GST or any other ancillary charges are required to be added to the commission, Desaworx has the right at its absolute discretion to revise the rate of commission to accommodate this.
From time to time we may offer incentives for our Desaworxters. Desaworx.com has full rights to determine the incentives as and when and may change them at any point in time. Desaworx.com can deem any sort of misinformation procided, abuse or misuse of the platform; if so, Desaworx.com has full rights to suspend and take actions against the Desaworxter or Poster. If the Desaworxter has received any complaints, strikes, or reports that go against standard policy as stipulated in the verification session, Desaworx.com reserves the right to not provide the incentive. Upon any dispute on the incentive between Desaworx.com and Desaworxter, Desaworx has the final decision on whether the Desaworxter qualifies for the incentive.
4.3 Fair usage:
1. Desaworx.com has the right to withold payment due to any Desaworxter for any suspected fraudulent or phantom jobs. Investigation will take place and Desaworx.com has the final decision on whether the payment should be withheld permanently or not. If Desaworx.com or its officers conclude from investigation that cheating has occurred, Desaworx has the right to refuse payment to Desaworxter.
3. A refund will be granted upon the discretion of the company. Refunds will be determined based on investigation, information submitted by users and after the company has concluded that the charge for payment should be cancelled and the funds must be refunded to the user. Situations where this will be allowed is when the payment charge for Desaworx commission should not take place because the job was in fact not completed. Completion definition is when the user paid for a service done by a Desaworxter in the platform and community of Desaworx.
5. Price Adjustments
5.1 We may increase the commission payable at any point in time. If you continue to use Desaworx.com, you shall be deemed to have accepted the new cost for that renewal term and any subsequent renewal terms.
6. Accessing Our Services
6.1 We make every effort to ensure that our Services are always available, but we cannot guarantee that Services will not be uninterrupted. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.
6.2 You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Payment Terms and other applicable terms and conditions, and that they comply with them.
1. At Desaworx.com, we do not procure insurance for, nor are we responsible for instances of personal loss or injury, and property loss or damage experienced during your participation with Desaworx.com or its platform. We also do not procure insurance for items delivered as part of any delivery service offered by Desaworxter to the poster over its poster. All posters and Desaworxters are responsible to obtain their insurance or protection against risk and shall not hold Desaworx.com and/or Desaworx Sdn. Bhd. liable or responsible for damage or loss suffered. However, Desaworx.com and/or Desaworx Sdn. Bhd. reserves the right to recover compensation or claim indemnity against the poster and/or Desaworxter for direct or indirect damage or loss suffered.
2. To protect the smooth operations of the Desaworx.com platform, Desaworx Sdn. Bhd. is insured against risk and loss directly caused by Desaworx.com employees and Desaworx Sdn. Bhd.
Social Media and Networking Sites
1. As part of the functionality of the Desaworx.com platform, you may be able to login through online accounts you may have with third party service providers (each such account, a "third party account”) by either providing your third party account login information through the Desaworx.com platform; or allowing Desaworx.com to access your third party account, as is permitted under the applicable terms and conditions that govern your use of each third party account.
2. You represent that the Desaworx.com platform is entitled to disclose your information in the Desaworx.com platform, social media and its networking sites, without breach by you of any of the terms and conditions that govern your use of the applicable third party account and without obligating Desaworx.com to pay any fees or making Desaworx.com subject to any usage limitations imposed by such third party service providers. By granting Desaworx.com access to any third party accounts, you understand that Desaworx.com may access, make available and store (if applicable) any content that you have provided to and stored in your third party account (the "social networking site/sns content”) so that it is available on and through the Desaworx.com platform via your account, including without limitation any friend, contacts or following/followed lists, and Desaworx.com may submit and receive additional information to your third party account as indicated herein.
Desaworx.com E-mail and Text Communications
1. E-mail communications and text messages sent from or through the Desaworx.com platform or Desaworx Sdn. Bhd. are designed to make your Desaworx.com experience more efficient. By becoming a poster, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from us or through us, which include, without limitation: message notification e-mails, e-mails or text messages informing you about potential available Desaworxters or posters and e-mails informing you of promotions we run and emails informing you of new and existing features we provide. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. Desaworx.com reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services or sign up in the Desaworx.com platform.
1. Location data provided by the Desaworx.com platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Desaworx.com, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the services. Any of your information, including geolocational data, you upload, provide, or post on the Desaworx.com platform may be accessible to certain spaces in the Desaworx.com platform. We cannot verify or guarantee the accuracy of the information a poster provides us on the Desaworx.com platform, and we do not control the information provided by other posters that is made available through our system. Therefore, Desaworx.com cannot and does not confirm each poster's purported identity. You may find other poster's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Desaworx.com platform. Please note that there are also risks of dealing with underage persons or people acting under false pretense. By using the Desaworx.com platform, you agree to accept such risks and Desaworx.com is not responsible for the acts or omissions of others on the Desaworx.com platform. In order to help you evaluate with whom you are dealing, Desaworx.com can link to a poster's facebook.com profile if they supply us with their facebook.com account information.
1. Desaworx Sdn. Bhd. owns and retains ownership of the Desaworx.com platform, and all intellectual property therein. Contingent upon your compliance with the terms and conditions of this agreement, Desaworx.com hereby grants to you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Desaworx.com platform on any desktop or mobile device that you own or control and as permitted by these terms and conditions of service. This license does not allow you to use the Desaworx.com platform on any mobile device that you do not own or control, and you may not distribute or make the Desaworx.com platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Desaworx.com platform. You may not copy (except as expressly permitted by this license and the usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Desaworx.com platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of Desaworx.com and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Desaworx.com that replace and/or supplement the Desaworx.com platform, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Desaworx Sdn. Bhd. and the Desaworx.com platform respect the intellectual property of others, and expects posters to do the same. If you believe, in good faith, that any materials on the services infringe upon your copyrights, please send the following information to Desaworx.com vide the Desaworx.com platform:
a. A description of the copyrighted work that you claim has been infringed, including specific location on the services where the material you claim is infringed is located. Include enough information to allow Desaworx.com to locate the material, and explain why you think an infringement has taken place;
b. A description of the location where the original or an authorized copy of the copyrighted work exists – for example, the url (internet address) where it is posted or the name of the book in which it has been published;
c. Your address, telephone number, and e-mail address;
d. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
f. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
1. Except as explicitly stated otherwise, any notices to Desaworx.com shall be given by certified mail, postage prepaid and return receipt requested to:
Desaworx Sdn Bhd
Petaling Jaya, Selangor
2. Additionally, any notices to you shall be provided to you through the Desaworx.com platform or given to you via the email address you provide to Desaworx.com during the registration process. In such case, notice shall be deemed given 3 days after the date that the email was sent. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Desaworx.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
3. To resolve a complaint regarding the service, you should first contact our customer service department by email at support@Desaworx.com. If our customer service department is not able to resolve your complaint within 60 days from the date of the filing, you may write to us officially on the matter at the address above, failing a response within 14 days thereof, file a complaint with the Tribunal For Consumer Complaints Of Malaysia as stipulated in the Consumer Protection Act 1999.
Breach & Indemnity
1. Without limiting other remedies, we may terminate your participation, remove your information, warn our community of your actions, issue a warning, and refuse to provide our services to you if:
a. You breach this agreement or the documents it incorporates by reference;
b. We are unable to verify or authenticate any information you provide to us;
c. We believe that your actions may cause financial loss or legal liability for you, our posters or us, or subject Desaworx.com or you or any other poster to regulation by any state or local government or regulatory agency; or
d. If we suspect that you have engaged in fraudulent activity in connection with the Desaworx.com platform or the services.
2. You will defend, indemnify, and hold us and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the service, including:
a. Your breach of this agreement or the documents it incorporates by reference;
b. Your violation of any law or the rights of a third party, including, without limitation, Desaworxters, posters, posters, other motorists, and pedestrians, as a result of your own interaction with such third party,
c. Any allegation that any materials that you submit to us or transmit to the services or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
d. Your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of deliveries to posters; and/or
e. Any other activities in connection with the services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Online Content Disclaimer
1. Opinions, advice, statements, offers, or other information or content made available through the services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the services and neither do we adopt nor endorse nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than us. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the services, or transmitted to posters. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the services. Notwithstanding this right, you remain solely responsible for the content of the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content (the "content") that you post in the public areas of the services and in your private e-mail messages. We shall have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of posters or others. E-mails sent between you and other posters that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.
2. The Desaworx.com platform contains (or you may be sent through the Desaworx.com platform or the services) links to other web sites ("third party sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "third party applications, software or content"). Such third party sites and third party applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third party sites accessed through the Desaworx.com platform or any third party applications, software or content posted on, available through or installed from the Desaworx.com platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the third party sites or the third party applications, software or content. Inclusion of, linking to or permitting the use or installation of any third party site or any third party applications, software or content does not imply approval or endorsement thereof by us. If you decide to leave the Desaworx.com platform and access the third party sites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the Desaworx.com platform or relating to any applications you use or install from the Desaworx.com platform.
3. In the event that you have a dispute with one or more posters, you agree to release Desaworx.com and Desaworx Sdn. Bhd. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other posters or to your use of the Desaworx.com platform or the services. In other words, you are solely responsible for your interactions with other posters. We reserve the right, but have no obligation, to monitor disputes between you and other posters. Please carefully select the type of information that you post on the Desaworx.com platform or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other posters or posters (including unauthorized posters, or "hackers"). Desaworx.com only offers a venue that enables Desaworxters and posters to match with each other. Desaworx.com does not offer delivery services and Desaworx.com is not a delivery company. We are not involved in the actual delivery provided by Desaworxters to posters. As a result, we have no control over the quality or reliability of the delivery that occurs as a result of the service; nor do we have any control over the truth or accuracy of the of posters' information listed on the Desaworx.com platform. We cannot ensure that a Desaworxter or poster is who he or she claims to be or that a Desaworxter or poster will actually complete an arranged service. We reserve the right to change any and all content, software and other items used or contained in the Desaworx.com platform and the services at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Desaworx.com or the Desaworx.com platform.
4. The Desaworx.com platform and the services may be temporarily unavailable from time to time for maintenance or other reasons. Desaworx.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, poster communications. Desaworx.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, on the Desaworx.com platform, on any web site or any combination thereof, including injury or damage to poster's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services.
Limitation of Liability
1. We at Desaworx.com and Desaworx Sdn. Bhd., our subsidiaries, officers, directors, employees and our suppliers provide the Desaworx.com platform and the services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Desaworx.com platform and/or the services. We, our subsidiaries, officers, directors, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. We do not warrant that your use of the services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the services will be corrected, or that the services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. We cannot guarantee that each poster is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Desaworx.com platform or the services by persons under the age of 18 in violation of this agreement. We are not responsible or liable in any manner for any content posted on the Desaworx.com platform or in connection with the service, whether posted or caused by posters of the Desaworx.com platform, by Desaworx.com, by third parties or by any of the equipment or programming associated with or utilized in the Desaworx.com platform or the services. Although we provide rules for poster conduct and postings, we do not control and are not responsible for what posters post, transmit or share on the Desaworx.com platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Desaworx.com platform or in connection with any content. Desaworx.com is not responsible for the conduct, whether online or offline, of any poster of the Desaworx.com platform or services. It also is possible for others to obtain personal information about you due to your use of the Desaworx.com platform or the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the Desaworx.com platform or through the services.
2. In no event will we, our subsidiaries, officers, directors, employees or our suppliers, be liable to you for any incidental, consequential, or direct damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with Desaworx.com, our services or this agreement (however arising, including negligence) even if we or our agents or representatives know or have been advised of the possibility of such damages. We do not screen the tasks posted on the Desaworx.com using the services in any way. As a result, we will not be liable for any damages, direct, indirect, incidental and/or consequential, arising out of the use of Desaworx.com or the services, including, without limitation, to damages arising out of communicating and/or meeting with other posters of Desaworx.com or the services, or introduced to you via Desaworx.com or the services. Such damages include, without limitation, physical damages, bodily injury, death and or emotional distress and discomfort. Notwithstanding anything to the contrary contained herein, our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to up to 10% or the value of the good in question or RM 100.00, whichever is lower.
1. You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Desaworx.com’s business, operations and properties ("confidential information”) disclosed to you by Desaworx.com for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any confidential information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of confidential information of Desaworx.com in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Desaworx.com with regard to any confidential information which you can prove: (a) was in the public domain at the time it was disclosed by Desaworx.com or has entered the public domain through no fault of yours; (b) was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (c) is disclosed with the prior written approval of Desaworx.com; (d) becomes known to you, without restriction, from a source other than Desaworx.com without breach of this agreement by you and otherwise not in violation of Desaworx.com’s rights;or (e) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Desaworx.com to enable Desaworx.com to seek a protective order or otherwise prevent or restrict such disclosure.
1. Either you or we may terminate your participation in the Desaworx.com platform by removing your information at any time, for any or no reason, without explanation, effective upon sending written or email notice to the other party. Upon such termination, we will remove all of your information from our servers, though we may retain an archived copy of records we have about you as required by law or for legitimate business purposes. We maintain sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the Desaworx.com platform is terminated, you remain bound to the terms of confidentiality in this service term and condition.
Resolution of Disputes and Legal Claims
1. Legal disputes or claims between the parties which cannot be resolved informally will be submitted to friendly negotiations first between their legal counsels before further submitting the same for mediation in Malaysia. Parties may elect arbitration or court as the finality of the dispute for a binding decision. In the event of arbitration, the arbitration shall be conducted by the Kuala Lumpur Regional Centre For Arbritration ("KLRAC”) as governed by the Arbritration Act 2005. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action or proceeding by you related in any way to the Desaworx.com platform and/or the services (including your use of the Desaworx.com platform and/or the services) be instituted more than 6 years after the cause of action arose.