- “Sender” shall mean the Service User who uses this Delivery Service.
- “Ninja” shall mean the Service Provider who provides the Delivery Services to the Service User.
- “Ninja’s Online System” shall refer to online software provided by Ninja for the purpose of Delivery Service.
- “Recipient” shall mean the end receiver who receives the parcel through the Delivery Service provided by Ninja.
- “Driver” shall mean the Service Provider’s personnel and/or driver who does pick up and or/drop off parcels.
- “Parties” shall refer to both Ninja and Sender.
- “Delivery Service” means the delivery or logistics services provided by Ninja to Sender, including but not limited to customs clearance, importation procedures, preparation and/or execution of any required paperwork for the purpose of this Terms and Conditions.
- “Working Day” means each and every day in a calendar week, except for Sunday, and statutory public holidays in Malaysia, where it means each and every day in a calendar week, exempts for Saturday and Sunday, and statutory public holidays, unless the Parties agree otherwise.
- “Ninja Pack” means a pre-paid polymailer entitling the holder to one (1) time use of Ninja’s Delivery Service and designated as such.
- “Delivery Working Hours” shall mean 9am to 10pm.
SHIPPING WITH NINJA PACKS: TERMS AND CONDITIONS
Ninja reserves the right, at its sole discretion, to change, modify, add or remove these Terms and Conditions from time to time.and the Sender shall be bound to observe and comply with such terms and conditions prevailing from time to time.
1. Provision of Services / Agreed Terms (the “Services”)
a. Standard: within 3 working days with no specific time-slot (For Standard delivery, Ninja shall deliver the parcel within 3 working days from the day of pick up anytime between the Delivery Working Hours). Delivery of Ninja Pack shall only be limited to Peninsula Malaysia.
b. Ninja Pack sold are non-refundable and or non-exchangeable.
2. Deliveries Attempt
a. In the event a delivery attempt is unsuccessful due to the unavailability of the Recipient at the designated address, the Recipient will receive an email notice in relation to the failed delivery attempts. Ninja shall perform a 2nd and 3rd attempt to deliver said parcel. Pursuant to the 3rd failed attempt, Ninja shall return said parcel to the Sender and shall be deemed to have fulfilled its obligations and shall be fully entitled to the delivery fee for said parcel.
3. Loss or Damage to Parcel
a. In the event the contents of a Ninja Pack are lost or damaged as a result of Ninja’s poor handling of the Ninja Pack and subject to Clause 3.b., Parties agree that Ninja shall be liable for no more than the value of the parcel or RM 200, whichever is lower.
b. In view of health, hazard and safety, Ninja reserves the right to dispose of the damaged parcel.
c. Ninja will only acknowledge loss and damage claims that are submitted either within 30 days after the order was created or 7 days after successful delivery of order, whichever is later.
d. The Sender will receive the payment of compensation within 7 working days from such time as the parcel has been declared lost or damaged by the Ninja and in any case no longer than 30 days from the submission of any such claim by the Sender.
e. For avoidance of doubt, Ninja will not be liable for any damage to Ninja Packs while they are in the Sender’s possession and care.
f. All fragile items MUST be labelled with a fragile sticker, otherwise Ninja Van will not be liable for the damage.
4. Customer Service and Support
a. Ninja shall remain contactable for all enquiries, whether from the Sender or its Recipients, through its email or its call centre from 9am to 10pm every day, with the exception of Sundays and Public Holidays.
b. Notwithstanding Clause 4.a., Ninja and the Sender shall agree on the following communication channels:
- For Recipient;
- Email: firstname.lastname@example.org or
- Phone: +60 111 7225600
- Between 9am to 10pm on a Working Day
- For Sender;
- Email: email@example.com
- Between 9:00am to 10:00pm on a Working Day
- For potential Sales Matter;
- Email: firstname.lastname@example.org
- Between 9:00am to 6:00pm on a Working Day
5. Ninja Pack Polymailer Specifications
a. It shall be the Sender’s responsibility to ensure that each parcel is fitted nicely into the Ninja Pack, within the specified weight limit and not stretched beyond the Ninja Pack size.
b. Failing which, Ninja hereby reserves the right to reject and/or decline to deliver the parcel and Ninja shall not be liable for any loss or damage of the parcel.
6. Sender’s Obligations
a. It is the Sender’s responsibilities to ensure that the name, address and telephone number of both the Sender and Recipient are clearly and accurately stated on the Ninja Pack or accurately populated in Ninja’s Online System.
b. The Sender shall ensure that the Ninja Pack posted at any of the Ninja’s Drop off Points complies with the terms and conditions herein.
7. Prohibited Items
a. It shall be the Sender’s responsibility to comply with the current government regulations and laws. Dangerous and prohibited items, including (but not limited to) explosives, poison, flammable items, radioactive material, compressed gas, corrosive, firearms, fragile items, and any items which by its nature or packaging may expose any threat or cause any injury or damage are prohibited by law and will not be accepted.
b. Furthermore, delivery is also not available for the following items below :
- Items that exceed the size specification
- Credit cards or ATM cards
- Human or animal remains, religious artifices
- Living things
- Poisonous or toxic substances
- Examination certificates, passports and insurance documentations which cannot be reproduced
- Written drafts, original films, tapes and film material which cannot be reproduced
- Cash, cheques, bills, stocks and other marketable securities
- Perishables such as vegetables, fruits, etc.
8. Misuse of Ninja Pack
a. Sender shall indemnify, defend and hold harmless Ninja, its Affiliates, and its directors, officers, agents and employees against any and all losses, claims, demands, damages and expenses, including reasonable attorneys fees (collectively, Losses) arising out of (i) any misuse or abuse of the Ninja Pack sold hereunder, (ii) any unauthorized or unlawful use or distribution of the Ninja Pack sold hereunder, (iii) any unlawful acts or omissions by Senders, including any nonpayment or other assessments relating to the transactions contemplated by this Delivery Service.
- The Sender shall refer to the Terms and Conditions for the correct use and purpose of the Ninja Pack.
- Notwithstanding the above, Ninja shall have the sole and absolute right to refuse service of Ninja Pack in its sole discretion.
9. Ownership of Parcels
a. Ownership, whether legal or beneficial, of parcels shall at no point in time be considered to have transferred over to Ninja.
10. Safe Contents
a. The Sender agrees that the parcel does not contain any harmful, dangerous, illegal, controlled, unlawful, forbidden or objectionable material.
b. The Sender agrees to indemnify and hold Ninja harmless of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs, that may arise due to or as a result of the contents of the parcel, with the sole exception of such claims, demands, losses, cause of action, damage, lawsuits, judgments, including legal fees and costs, resulting in personal injury or death AND resulting from Ninja’s negligence.
a. Ninja undertakes that during the term of this Agreement and following its termination, it shall not disclose or cause to be disclosed to others, Confidential Information. “Confidential Information” shall mean information regarding the business concerns, financial position or future plans of the Sender, its subsidiaries or affiliates and any other information of a confidential nature. This clause shall survive any expiry or termination of this Agreement.
12. Relevant Law and Jurisdiction
a. These terms and conditions shall be subject to and construed in accordance with the laws of Malaysia. All proceedings and or disputes arising out of or connection with these terms and conditions shall be commenced in the Courts of Malaysia and the Parties hereby submit to the exclusive jurisdiction of such courts.
13. Limitation of Liability
a. In no event shall Ninja be liable for any direct, indirect, punitive, incidental, special or consequential damages whatsoever arising out of or connected with the use or misuse of the Ninja Pack pursuant to this Delivery Service.
14. Personal Data Protection Act
a. The Sender warrants that any personal data provided of its customers for the purpose of Ninja performing delivery services to said customers is complete, accurate and has been obtained with the consent of said customers for such purpose and is in adherence to the Personal Data Protection Act 2010, and the regulations thereunder, as may be amended from time to time (“PDPA”).
b. Ninja warrants that its collection, use, disclosure and processing of any personal data provided by the Sender shall adhere to the PDPA. Without prejudice to the generality of the foregoing, Ninja warrants and undertakes that it shall, with respect to personal data provided by the Sender:
- comply and procure the compliance of its officers, employees, agents, subcontractors and professional advisors with the PDPA;
- use appropriate and reasonable technical and organisational security measures against unauthorised or accidental access, collection, use, disclosure, copying, modification, disposal or destruction of such personal data, or any similar risks;
- not make any changes to its information security measures that would materially increase the risk of unauthorised access to such personal data; and
- delete or remove the means by which such personal data can be associated with particular individuals as soon as it reasonably considers that the purpose for which such personal data was collected is no longer being served by retention of the same.