Terms & Conditions
TERMS AND CONDITIONS
The terms and conditions ("Terms and Conditions") set out below shall be applicable for any services ordered from this website (www.NeonRunner.com) and our mobile application “NeonRunner” (“Services”). By ordering for Services from this website, by phone, or by our mobile applications, you as the user of our Services (“User”) agree to be bound by these Terms and Conditions. PLEASE READ THESE TERMS AND CONDITION AS THOROUGHLY AND CAREFULLY. Last updated: 14th September 2015 (Tuesday), 1.00pm
3.0 Pricing Policy
3.1 The Charges for our Services are as follows: (a) RM3.00 per Request in respect of a Standard Delivery and Task & Delivery; or RM5.00 per Request in respect of a Purchase & Delivery which shall incur an additional charge of 3.5% on the prices of the Goods purchased; and (b) RM0.50 per minute; and 1 (c) RM0.25 per kilometre taken to complete the Services. 3.2 Charges set out in 3.1 above exclude the applicable goods and services tax currently at 6%. 3.4 We may from time to time offer certain Users, discounts and promotional pricing at our discretion. 3.5 Corporate Users of our Services will be billed separately based on the arrangements between parties. 3.6 All Services will be charged in full notwithstanding a cancellation of the Services.
4.0 Refund Policy
4.1 Where there is a delay or more than three hours for the completion of the Services from the time the submission of a Standard Delivery and Purchase & Delivery Request, we will refund the Charges in full. As we are unable to gauge the time taken to carry out a Task, we are unable to refund any Charges in respect of a Task & Delivery. 4.2 In respect of a Purchase & Delivery service, the Goods purchased will not be refunded to the User. 4.3 In the event of damage to any Goods or if any Goods shall be lost in transit, we shall only be liable to a refund of up to RM300.00.
5.0 Shipping Policy
5.1 Upon the submission of a Request for a Standard Delivery or a Purchase & Delivery, we endeavour that the Goods are delivered to the User/Recipient in no more than three hours. In respect of a Standard Delivery, we endeavour that a collection of the Goods shall occur within thirty minutes from the submission of a Request. 5.2 Unless a change order has been received, a delivery will be made directly to the recipient at the address submitted/provided to us by the User. 5.3 While we endeavour to provide our Services within the indicated timeframe, to help ensure the safety of our riders, we may be required to temporarily stop delivery and/or pick-up due to bad weather, traffic conditions and/or any other unforeseeable technical issues. In these situations, the meters recording the Charges will be stopped and resumed upon the riders resuming delivery and/or pick-up. 5.4 Our Services are currently only available in the Klang Valley. 5.5 You must ensure that all Goods to be carried must be able to fit into our 18 inch (width) x 18 inch (length) x 16 inch (height) boxes prior to submitting a Request. 5.6 We carry both halal and non halal Goods in our boxes and use specific bags to carry non halal Goods. and We shall endeavour that all Goods are properly packed with no leakages to other Goods and future deliveries. 5.7 We do not carry live animals, drugs, weapons, flammable items and such other items which we deem to be dangerous, illegal or against public policy. 5.8 In respect of a Standard Delivery, in the event we are unable for any reason to deliver and/or collect the Goods to or from a User/ Recipient, including but not limited to (i) the User/Recipient’s address being incomplete, illegible, incorrect or cannot be located; (ii) the User/Recipient’s place of business being closed; (iii) delivery is impossible because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the Goods; (iv) the Goods would likely cause damage or delay to other shipments, property or injury to persons; (v) the Goods were improperly packaged; in addition to its other rights, we may: (a) return the Goods to the User/Recipient and the User shall pay a charge to us at the same rate (b) if the Goods are not returned in accordance with 5.8(a) above, charged for the original delivery attempt; or (i) dispose, destroy or sell the Goods and upon payment tender to you or any person who shall satisfy us that he is the lawful owner of the Goods the proceeds of sale after deduction of all proper charges and expenses in relation the Goods and of all outstanding charges in relation to the carriage and storage of the Goods and (without prejudice to any claim or right which you may have against us otherwise arising under these Terms and Conditions) we shall be discharged from all liability in respect of such Goods, its carriage and storage; or (ii) leave the Goods at the User/Recipient’s address as provided to us. 5.9 In respect of a Purchase &Delivery, in the event we are unable for any reason to deliver and/or purchase the Goods including but not limited to (i) the User/retail store’s address being incomplete, illegible, incorrect or cannot be located; (ii) the User/retail store’s place of business being closed; (iii) purchase/delivery is impossible because of the unavailability of the Goods requested or refusal of an appropriate person to sell the Goods and/or accept delivery or sign for delivery of the Goods, we will contact the User for further instructions or alternatives. In the event the User cannot be contacted, we will deliver such Goods which are available to the User/Recipient. 5.10 The User shall be liable for any and all costs, charges and fees incurred in returning, storing or disposing of (i) any undelivered or uncollected Goods, unless the Goods were undeliverable or not collected due to our fault; or (ii) any Goods which is sent in violation of these Terms and Conditions. 5.11 Further to 5.8 above, where the Goods contain perishable goods (e.g. meat, vegetables, chilled products, or any form of consumable goods or products), while we try our best to carry and deliver the goods to the User/Recipient as soon as we reasonably can, we are unable to guarantee that quality of the perishable goods or products will not deteriorate during the course of delivery and shall not be liable for any deterioration of the of any perishable goods or products if the delivery is delayed or cannot be completed.
6.0 Disclaimer, limitation of liability and indemnity
6.1 THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NEONRUNNER.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NEONRUNNER.COM, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NEONRUNNER.COM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF NEONRUNNER.COM IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE NEONRUNNER.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NEONRUNNER.COM, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OF OUR SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NEONRUNNER.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. 6.2 You shall indemnify us against all:- (a) consequences suffered by us (including but not limited to claims, demands, proceedings, fines, (b) losses, damages, liabilities and expenses suffered by and claims made against us relating to the penalties, damages, costs, expenses and loss of or damage to the vehicle facilities and to other goods carried) by reason of any error, omission, mis-statement or mis-representation by you or by any servant or agent or either of them, insufficient or improper packaging, labelling or addressing of the Goods or fraud; and/or carriage of Goods or the loss of or damage to or delay to property caused by or arising out of our carriage of the Goods
7.1 We reserve the right to refuse, hold, cancel, postpone any Request for any reason without having to provide a justification to a User. Such rejection would include but is not limited to situations which would in the opinion our opinion be likely to cause damage or delay to other goods or persons, or the delivery of such Goods is prohibited by law, or is in violation of this Term and Conditions. 7.2 The fact that we accept a Request does not mean that Request conforms to applicable laws and regulations or the Terms and Conditions.
8.0 Governing law and Dispute Resolution
8.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the courts of Malaysia.
TYPES OF PERSONAL DATA COLLECTED
COLLECTION OF YOUR PERSONAL DATA AND CONSENT TO PROCESS
Personal information or data are collected from our website or mobile application when you register with us. You are not able to limit our processing of your personal information for the purposes set out herein but you may have the option to limit what you share with us. If you do not consent to us processing your personal information for the said purposes, you must terminate your relevant agreement with us for the Services and stop using Neonrunner.com and its mobile application. In using our Services via Neonrunner.com or the mobile application, you consent to our collection and use of your personal information as provided herein (as may be changed from time to time).
Information on Cookies
How are the personal data used?
The personal information or data collected by use is used to verify your identity, process your Requests and to manage your account. We may also use your personal information to email you about other products or services that we think may be of interest to you and to comply with obligations under applicable laws, where required.
DISCLOSURE YOUR PERSONAL DATA
Your personal data held by us shall be kept confidential. [We will not share, sell, rent, or trade your personal data.]However, in order to provide you with effective and continuous products and services and subject at all times to any laws (including regulations, standards, guidelines and/or obligations), we may disclose your personal data to: ● Partners and advertisiersadvertisers, which include parties with whom NeonRunner collaborates with for certain events, programmes and activities; ● Event management companies and event sponsors; ● Third parties contracted by Neonrunner.com to assist Neonrunner.com in delivering all or part of the Services to you, including but not limited to payment gateway service providers, Mmarketing researchers, companies; ● Service providers, including, information technology (IT) service providers for infrastructireinfrastructure, software and development work, ; ● Wweb server hostser and manager, customer relations manager, content management companies; and ● Strategic partners that work with Neonrunner.com that help Neonrunner.com promote and market our Services Call centres and loyalty program management teams; Professional advisors and external auditors, legal advisors, financial advisors and consultants; Other suppliers, vendors, retailers, distributors, wholesalers and other business entities. Your Personal Data may also be disclosed in the day to day activity of the business operations as well as in connection with corporate transactions, such as a sale of a subsidiary or a division, merger, consolidation, or asset sale, or in the unlikely event of winding-up. The disclosure of your data may involve the transfer of your personal data to places outside of Malaysia, and by providing us your personal data you agree to such a transfer where it is required to provide you the services you have requested, and for the performance of any contractual obligations you have with us including for storage purposes.
PROTECTION OF YOUR PERSONAL DATA
We are committed to take all reasonable and practical steps to ensure that any personal information or data that we collect or come into possession of is protected against loss, misuse, abuse or modification or any unauthorised or accidental use, access, disclosure, modification, alteration or destruction. [Sensitive information (such as a credit card number) entered on our payment gateway services are encrypted during the transmission of that information using secure socket layer technology (SSL).] However, no transmission over the Internet, or electronic storage, is 100% secure, in this regard, we cannot guarantee its absolute security of any information transmitted to or from Neonrunner.com or the mobile application.
RETENTION OF YOUR PERSONAL DATA
UPDATING YOUR PERSONAL DATA
We are committed to ensure that the personal data we hold about you is accurate, complete, not misleading and up-to-date. If there are any changes to your personal data or if you believe that the personal data we have about you is inaccurate, incomplete, misleading or not up-to-date, please contact us so that we may take steps to update your personal data. You have the right to access your personal data. If you would like to request access to your personal data, please email us at firstname.lastname@example.org.