“Shipper” means the service user who uses this Delivery Service.
“Ninja” means the service provider who provides the Delivery Services to the Shipper.
“Consumer” means the end receiver who receives the parcel through the Delivery
Service provided by Ninja.
“Driver” means Ninja’s personnel and/or driver who does pick up and or/drop off
“Parties” means both the Shipper and Ninja.
“Delivery Service” means the delivery or logistics services provided by Ninja to the Shipper, including but not limited to customs clearance, importation procedures, preparation and/or execution of any required paperwork for the purpose of this service.
“Cash on Delivery Service” means the collection of cash payment on behalf of the
Shipper by the Ninja during the Delivery Service.
“Working Day” means each and every day in a calendar week, except for Saturdays and Sundays, and statutory public holidays in Malaysia.
“Recipient” means the end customers who receives the parcel from the Shipper
through the Delivery Service provided by Ninja.
Provision of Services
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 9.00 am to 10.00 pm)
In the event a delivery attempt is unsuccessful due to the unavailability of the Recipient at the designated address, 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 Shipper and shall be deemed to have fulfilled its obligations and shall be fully entitled to the delivery fee for said parcel.
Loss or Damage to Parcel
- In the event a parcel is lost or damaged Parties agree that Ninja shall be liable for no more than the value of the parcel or RM200 whichever is lower.
- In view of health hazard and safety, Ninja reserves the right to dispose the damaged parcel.
- 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.
- The Shipper 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 Shipper.
- Notwithstanding the above, the Shipper shall ensure that all parcels are packaged adequately, failing which, Ninja shall not be liable for any loss or damage that may be caused to such parcels as a result of the parcels not being packaged in accordance with the guidelines in Appendix 1.
Customer Service and Support
- Ninja shall remain contactable for all enquiries, whether from the Shipper or the Shipper’s Recipients, through Ninja’s email or call centre from 9am to 10pm every day, with the exception of Sundays and Public Holidays.
- Ninja and the Shipper shall agree on the following communication channels:
Ownership of Parcels
Ownership, whether legal or beneficial, of parcels shall at no point in time be considered to have transferred over to Ninja.
- The Shipper agrees that the parcel does not contain any harmful, dangerous, illegal, controlled, unlawful, forbidden or objectionable material.
- The Shipper 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.
Ninja undertakes that Ninja shall not, without the consent of the Shipper and/or the Recipient 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 Shipper, its subsidiaries or affiliates and any other information of a confidential nature. Confidential information means any personal data provided by the Shipper in relation to the Shipper and the Recipient.
Personal Data Protection Act
- The Shipper warrants that any personal data provided of the Recipient for the purpose of Ninja performing Delivery Services to said Recipient is complete, accurate and has been obtained with the consent of said Recipient 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”).
- Ninja warrants that Ninja’s collection, use, disclosure and processing of any personal data provided by the Shipper shall adhere to the PDPA. Without prejudice to the generality of the foregoing, Ninja warrants and undertakes that Ninja shall, with respect to personal data provided by the Shipper:
- 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.