These general terms and conditions (“GTCs”) are entered between Pos Malaysia Berhad (“Pos Malaysia”) and yourself or authorised person on your behalf (“you”) when you use products and/or services as listed in Pos Malaysia website at www.pos.com.my from time to time (“Services”) offered by Pos Malaysia in respect to the Article (as defined hereinafter).

By using and/or continuing to use the Services, you agree and acknowledge to comply with and be bound by these GTCs. These GTCs herein may be updated by Pos Malaysia from time to time without prior notice to you and such updated GTCs shall bind you in respect to the use of the Services, as from the date specified by Pos Malaysia or such date as the GTCs shall take effect, whichever is the earlier. Pos Malaysia strongly suggests that you check Pos Malaysia’s website at www.pos.com.my from time to time for any updates on these GTCs prior to using the Services.

1. Article
“Article”means a letter, a package, a parcel, a wrapper or a container that can be collected, transmitted and delivered through the network of Pos Malaysia.

2. Information and Privacy Policy
Pos Malaysia respects the privacy of the information and personal data provided by you to Pos Malaysia. For detailed Pos Malaysia’s data protection policy, kindly visit Pos Malaysia’s website at www.pos.com.my and access the Personal Data Protection Notice. The Personal Data Protection Notice outlines how Pos Malaysia collects, uses, handles and protects the information and personal data given to Pos Malaysia. Pos Malaysia complies with the requirements of the Personal Data Protection Act 2010.

3. Right of Refusal
To the extent permitted under the law, Pos Malaysia reserves the right to refuse to provide the Services or to refuse to accept any Article :-

1. that in breach of these GTC;
2. that has no customs declaration (if the Article is subject to customs regulations),
3. is of counterfeit goods, animals, paper money, weapons, explosives and ammunition; human remains; illegal items such as narcotics and psychotropic substances;
4. which Pos Malaysia decides cannot be carried safely or legally; or
5. of any particular class, character or nature whatsoever at its sole discretion without any notice and/or without any obligation to justify such refusal.

4. Use of the Services
(a) Original/Important/Official documents
(i) Use of the Services for any Articles in its original form, official, important and valuable documents, fragile items, valuable or priceless items, items that may degrade or suffer degradation in quality, character, performance, functionality, use, aesthetics and/or quantity, including but not limited to any national identity registration cards or MyKads, passport, birth/marriage certificates, account/cheque book, road tax, academic certificates and/or tender documents are at your own risk.

(ii) You expressly understand and agree that Pos Malaysia shall be excluded from any liabilities arising from any claims against delay or loss or destruction or damage to the Article, whether in whole or in part.

(b) Fragile Article
(i) Use of the Services for any fragile Article such as Article which is easily broken or damaged is not recommended and if you use the Services for a fragile Article, you shall be solely responsible in ensuring that your fragile Article are properly and securely packed and labelled accordingly.

(ii) You expressly understand and agree that Pos Malaysia shall be excluded from any liabilities and claims of any kind arising from loss or destruction or damage to your fragile Article and you shall indemnify and keep Pos Malaysia indemnified in the event that your said fragile Article causes loss or damage to any other article or person or property within its proximity or to Pos Malaysia’s personnel.

(c) Liquid or Non-Solid Article
(i) Use of the Services for liquid or non-solid article (of any kind including water, alcohol, gels, creams, aftershaves and perfumes) is not recommended and if you use the Services for liquid or non-solid Article, you shall be solely responsible in ensuring that your liquid or non-solid Article are properly and securely packed and labelled accordingly.

(ii) You expressly understand and agree that Pos Malaysia shall be excluded from any liabilities and claims of any kind arising from loss or destruction or damage to your liquid or non-solid Article and you shall indemnify and keep Pos Malaysia indemnified in the event that your said liquid or non-solid Article causes loss or damage to any other article or person or property within its proximity or to Pos Malaysia’s personnel.

 

(d) Dangerous Goods and/or Prohibited Items
(i) Use of the Services for Article that is or are or can be classified as or is or are Dangerous Goods and/or Prohibited Items under any laws, rules, regulations or guidelines in Malaysia and/or destination and/or transhipment and/or transit countries or are prohibited from carriage by post by Pos Malaysia is strictly prohibited unless such Article is permitted to be sent or delivered using the Services and is accompanied with proper and valid documentation and safely packed in accordance with laws and/or the prescribed guidelines that is obtainable at Pos Malaysia’s website at www.pos.com.my.

(ii) “Dangerous Goods” is defined by the International Air Transport Association (“IATA”), International Air Transport Association Dangerous Goods Regulations (DGR), International Civil Aviation Organization (ICAO) and Civil Aviation Act 1969 (which includes any amendments, updates or supplements that may be issued from time to time) and “Prohibited Items” shall mean any goods and/or Article that are prohibited by the laws, regulations and/or authority of the country of origin and/or country of destination and/or transhipment and/or transit. For a more detailed description of “Dangerous Goods” and “Prohibited Items”, please visit our website at www.pos.com.my.

(iii) Notwithstanding the foregoing, the classes of goods or Article which are categorised as Dangerous Goods and Prohibited Items may be changed, amended or updated from time to time by Pos Malaysia and/or the laws of the country of origin and/or country of destination and/or transhipment and/or transit and Pos Malaysia reserves the right to amend or change or modify or add or remove the classes of goods or Article which are categorized as Dangerous Goods or Prohibited Items at any time and from time to time without prior notice to you. You are advised to visit www.pos.com.my to determine whether the Article in respect to which you intend to use the Services falls within the category of Dangerous Goods or Prohibited Items.

(iv) Pos Malaysia reserves the right to refuse, reject or terminate the Services at any time and at its sole and absolute discretion if Pos Malaysia deems or considers or has reasonable belief that the Article or any part thereof contains any of the Dangerous Goods or Prohibited Items. In such event, Pos Malaysia will not be responsible for any loss or partial lost or damage or destruction of the Article or for any loss or damages or claims for failure to complete or perform the Services.

(v) You expressly understand and agree that you are liable for any liabilities arising from any claims losses, fines, penalties, damages suffered or incurred by Pos Malaysia as a result of breach of this condition including but not limited to costs, fees, expenses, claims incurred in connection with the return, disposal, destruction, seizure or detention of the Article and that you shall indemnify and keep Pos Malaysia indemnified in the event that the Article contains in whole or in part Dangerous Goods or Prohibited Items and causes loss or destruction or damage to any other Article or person or property within its proximity or to Pos Malaysia’s personnel.

(e) Posting of Dangerous Goods and/or Prohibited Items
(i)The use of the Services in respect to any Dangerous Goods and/or Prohibited Items, if such use is allowed, would only be allowed if:
1. all the necessary and required approvals, permissions and clearances have been obtained from all relevant authorities from both the country of origin and the country of destination or transhipment or transit (as applicable),

2. the use of the Services in respect to the Dangerous Goods and/or Prohibited Items have been declared and accompanied with all original supporting documents evidencing the said approval, permission and clearance, and

3. the Dangerous Goods and/or Prohibited Items are appropriately packed, marked and labelled according to the applicable local, state, and federal laws, regulations, ordinances and rules.

(ii) Pos Malaysia reserves the right to refuse providing the Services in respect to any such Article at any time at its sole and absolute discretion if Pos Malaysia deems or considers that the declaration and/or the accompanying supporting documents are incomplete, insufficient and/or inadequate, whether or not the Pos Malaysia has accepted or received the Article or Pos Malaysia has agreed to provide the Services.

(iii) Pos Malaysia shall not be liable in any manner whatsoever in the event Pos Malaysia decides not to provide the Services or continue to provide the Services in respect to any Article or if the Article is returned, destroyed or detained by any authority at the country of origin and/or country of destination or transhipment or transit.

(iv) Where you fail to comply with your obligations herein, Pos Malaysia may in its absolute discretion refuse to provide the Services.

(v) In such event, Pos Malaysia shall not be liable to you or to any third parties for any loss or damages whatsoever suffered, or that may be suffered (whether in contract or in tort), any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity, any incidental, special, punitive, exemplary and consequential damages or loss howsoever arising including without limitation from breach of contract, negligence, wilful act or default if Pos Malaysia exercises its absolute discretion to refuse to provide the Services.

(vi) In addition, Pos Malaysia shall not be liable in any manner whatsoever if:
1. the Article was lost, damaged (whether in whole or in part) and/or delayed due to your failure in ensuring that Article has been labelled and addressed clearly and legibly and wrapped neatly, securely and safely notwithstanding the acceptance by Pos Malaysia of the Article;
2. the Article was lost, damaged (whether in whole or in part) and/or delayed as a result of false, illegible, incomplete, improper or incorrect declaration by you or any third party.

(f) For own use
You shall not directly or indirectly offer or resell any Services, in whole or in part, to any third party, including any existing customer of Pos Malaysia, without prior written consent from Pos Malaysia.

(g) Pos Malaysia shall not be responsible in any manner whatsoever towards the recipient.

5. Termination of the Services
(a) Pos Malaysia may terminate the Services immediately, in whole or in part, if:-
(i) you breach any of the terms of these GTCs; or
(ii) a Force Majeure occurs; or
(iii) such termination is necessitated by any regulatory body or statutory authority or government regulations, orders, directives, guideline, practice directions, notices, policies and laws.

(b) Pos Malaysia shall not be liable to you or to any third parties for any loss or damages whatsoever suffered, or that may be suffered (whether in contract or in tort), any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity, any incidental, special, punitive, exemplary and consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act, any claims for delay or loss or destruction or damage as a consequence of any termination pursuant to this Clause 5 and you shall indemnify and keep Pos Malaysia indemnified against all such claims and liabilities even if the risk of such loss or damage was brought to Pos Malaysia’s attention before or after acceptance of the Article by Pos Malaysia.

 

6. Packing of Article
(a) You warrant that the Article is properly and securely packed and wrapped to prevent damage in the course of conveyance and correctly labelled for Pos Malaysia to carry out the Services.

(b) You expressly understand and agree that Pos Malaysia shall not be liable or responsible for any delay or loss or damage which is due to your improper or inadequate packaging/wrapping/labelling and you shall indemnify and keep Pos Malaysia indemnified in the event that the Article causes loss or destruction or damage to any other Article or person or property within its proximity or to Pos Malaysia’s personnel.

7. Declaration of Article
(a) You warrant that you have given complete and accurate details or description of the Article (including its monetary value). You must give Pos Malaysia a full description of the contents of the Article on the consignment note or other accompanying document (if applicable). Please note that your responsibilities, obligations, indemnities and liabilities and our obligations and limitation of liabilities are not extinguished by you providing this information.

(b) You expressly understand and agree that Pos Malaysia shall not entertain any claims made against Pos Malaysia for any delay or loss or damage which is due to any false or incomplete declaration and you shall indemnify and keep Pos Malaysia indemnified against any costs, expenses, damages or losses arising from your breach of this

8. Right of Inspection
The Article may be subject to security screening without notice for safety, security, customs and/or other regulatory reasons which could include the use of x-ray, explosive trace detection and other security screening methods and procedures and you accept that the Article may be opened and the contents of the Article may be examined by Pos Malaysia, its agents or any authorities both local and foreign including the Royal Malaysian Customs Department in accordance to the relevant laws and regulations which includes the Postal Services Act 2012.

9. Sufficiency of Postage and/or Fees
(a) You agree to the charges of the Services as listed in Pos Malaysia’s website at www.pos.com.my from time to time.

(b) You shall be responsible to ensure that the postage and/or fees payable for use of the Services for any Article has been paid in full prior to the use of the Services unless otherwise consented to in writing by Pos Malaysia.

(c) You further expressly agree and provide your consent to Pos Malaysia to open and examine the content of the Article if Pos Malaysia has reasonable grounds to suspect or believe that the Article has been posted with insufficient postage and/or fees.

(d) Notwithstanding the foregoing, you agree and acknowledge that in respect to Article for which postage and/or fees for Services provided or to be provided have not been paid in full, such Article shall be handled and processed in accordance with Pos Malaysia’s policies, rules, regulations and procedures as may be updated from time to time.

10. Your warranties
You warrant, represent and guarantee to us that:
(a) You shall pay all postage and/or fees related to the Services prior to the supply of the Services. The postage and/or fee is based on the weight or size as measured by Pos Malaysia. You undertake to pay any surplus postage and/or fees required for the Services in the event that Pos Malaysia determines that the postage and/or fees paid prior to the supply of the Services are insufficient. All postage and/or fees for the Services shall be calculated in accordance with the rate and charges published by Pos Malaysia from to time to time;

(b) If you act or purport to act as representative or agent for the sender, you represent and warrant that you have the authority of that person to act on his or her behalf;

(c) You shall be solely responsible for any complaints from your recipient;

(d) The contents of the Article (i) have been properly described with true, legible, accurate and complete information on the consignment note and the consignment note must be securely fixed; and (ii) have been prepared, packed and wrapped neatly, securely and safely against the risks of handling, security screening and transport, and the performance of the Services, including associated sortation and/or handling processes by us, our authorised representatives or agents;

(e) The Article is not or cannot be regarded or classified as hazardous material, dangerous goods, prohibited or restricted article under any laws, regulations and rules of Malaysia including those listed as Dangerous Goods and Prohibited Items by Pos Malaysia and foreign jurisdictions as applicable for delivery of the Article to such jurisdiction.

(f) You shall be solely responsible and liable for all charges, costs and expenses including but not limited to transportation charges and surcharges, customs, duties, penalties, fines, assessments including any fees related to our prepayment of the same, government penalties and fines, taxes and lawyers’ fees and legal costs and any costs which may be incurred in returning the shipment, transhipment, storage, transportation and warehousing, including that incurred whilst pending disposition.

(g) Neither you nor the recipient is a person or organisation subject to any economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by: (i) the United States government; (ii) the United Nations; (iii) the European Union (iv) the United Kingdom; or (v) the respective governmental institutions and agencies of any of the foregoing, including, without limitation, the Office of Foreign Assets Control of the US Department of Treasury, the United States Department of State, and Her Majesty’s Treasury; and

(h) You have complied with all laws and regulations of Malaysia (including Pos Malaysia’s policies) and jurisdiction of delivery relating to consigning, labelling, packaging, carriage, storage and delivery of the Article.

(i) You warrant that Pos Malaysia has no liability whatsoever towards the recipient.

You will indemnify Pos Malaysia and hold Pos Malaysia harmless from any loss, costs, damages, fines, penalties, taxes and expenses, including legal cost which Pos Malaysia suffers or incur either to you or to anyone else arising out of you being in breach of any of these warranties, representations and guarantees.

11. Insurance
(a) Pos Malaysia offers optional insurance coverage from Pos Malaysia’s panel of insurers which you may purchase by paying the full insurance premium to insure the Article. The insurance coverage is governed by the terms and conditions stated in the insurance coverage in addition to these GTCs.

(b) If you purchase insurance coverage from an insurer not on Pos Malaysia’s panel, it is your responsibility to select the appropriate and adequate insurance coverage.

(c) Pos Malaysia strongly suggest that you purchase insurance for the Article to protect the Article up the value of or the value of the content of your Article against all risks.

(d) Subject to the terms of the insurance policy, the insurance claim is limited to loss or damage to the Article and up to the amount insured and declared under Clause 7 above or such other reasonable amount as may be determined by the subscribed insurance company.

(e) Pos Malaysia makes no representation nor warranty as to the appropriateness and adequacy of any insurance coverage that may be purchased from our panel.

12. Delivery of Article

(a) Pos Malaysia will make every reasonable commercial effort to deliver the Article in the most convenient method to the recipient including any rerouting or transit prior to delivery to the recipient.

(b) An Article is considered successfully delivered once it reached the recipient’s address and Pos Malaysia shall not be liable for any claims made for any delay or loss or destruction or damage to the Article after it has been successfully delivered.

(c) Pos Malaysia shall not be liable howsoever for any loss or destruction or damage to any uncollected Article kept at the Pos Malaysia’s or its authorised representative’s outlet or branch or store or warehouse due to unsuccessful delivery of the Article.

(d) You may make an inquiry with Pos Malaysia regarding the delivery of the Article within the period of six (6) months from the date of delivery of the Article subject always to you providing all the necessary documentation to Pos Malaysia to substantiate your inquiry.

(e) In providing the Services, Pos Malaysia will, to the extend commercially permissible, comply with all relevant laws and regulations.

(f) Unless otherwise stated in the *Service Level Standard, we commit to provide our services within one (1) to five (5) days subject to the location, availability of services and terms and conditions of these GTC

13. Complaint and/or Claim for Damaged Article/Partially Lost of Article
(a) You shall lodge a complaint and/or claim for any damaged or lost Article to Pos Malaysia or its authorised representative at the country of destination (as relevant).

(b) Pos Malaysia reserves the right not to entertain any claim from you if there is no complaint lodged by you with Pos Malaysia or the authorised representative at the country of destination (as relevant) in accordance with the conditions as stipulated in Pos Malaysia’s website at www.pos.com.my or the website of the authorised representative at the country of destination.

14. Submission of Complaint and/or Claim
(a) Any complaint and/or claim for damaged or lost Article must be made in writing to Pos Malaysia within forty-eight (48) hours from the date the Article was successfully delivered or the scheduled delivery date, or any other stipulated period as stated in the Specific Terms and Conditions of the relevant Services (“Complaint and/or Claim Deadline”).

(b) The complaint and/or claim must be submitted together with: (i) a copy of consignment note; (ii) a copy of the sender or recipient’s official identification document; (iii) invoice of the Article; (iv) letter of authority from the sender for the claim; (v) proof of damage; and (vi) such other supporting documents requested by Pos Malaysia.

(c) Pos Malaysia shall be entitled not to entertain any complaint and/or claim received after the Complaint and/or Claim Deadline without any liability whatsoever to you or any other party including the recipient.

(d) In the case of loss due to non-delivery, the Article shall not be deemed to be lost until at least thirty (30) days have elapsed since the date of lodgement of your complaint of the non-delivery with Pos Malaysia.

(e) Pos Malaysia shall only entertain one claim per Article provided that no claim may be made if a claim is made with Pos Malaysia’s authorised representative in the foreign destination.

(f) Pos Malaysia will process your complaint and/or claim upon receipt of complete documentations and will inform you the time period required for the response.

(g) You have the right to refer your complaint and/or claim to the relevant tribunal or court.

15. Refund
Except for the specific products as listed in Pos Malaysia’s website at www.pos.com.my, no refund will be provided for any delay in delivery of Article.

16. Force Majeure
(a) Pos Malaysia shall not be responsible for any delay, loss, destruction or damage to the Article or failure to perform or delay in performing the Services or perform its obligation under these GTCs caused by matters or circumstances outside and/or beyond Pos Malaysia’s reasonable control including but not limited to: (i) act of God, disaster such as earthquake, hurricane, flood and others, (ii) war, embargo, aeroplane accident, national emergency (iii) fire or robbery or theft, (iv) electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings; any defect or characteristic related to the nature of the Article, even if known or notified to Pos Malaysia, (v) Article that is seized or detained by the Royal Malaysian Customs Department or any other relevant authority of the country of origin and/or country of destination or transhipment or transit, (vi) accidents of Pos Malaysia’s carrier or vehicle transporting the Article (vii) other similar events or contingencies beyond the reasonable control of Pos Malaysia whose performance is prevented or interfered with.

(b) In the event that the Article is being seized, retained or confiscated by the Custom Officers or Malaysian Government or the government of the country of destination or transhipment or transit, you shall be responsible to pay all taxes, duties, fines or penalties levied or imposed and you shall at your own cost be solely responsible to obtain the release of the Article into your custody.

17. Exclusion of Liability and Indemnity
(a) You expressly understand and agree that Pos Malaysia shall not be liable for any loss, misdelivery, wrong delivery, delayed delivery, or damage to the Articles during collection, transportation, sorting, handling, warehousing, storing, security screening etc, unless it is proven that Pos Malaysia has maliciously or negligently or intentionally caused the loss, misdelivery, delay or damage.

(b) You expressly understand and agree that Pos Malaysia shall not be liable to you or to any third parties for any loss or damage whatsoever suffered, or that may be suffered (whether in contract or in tort), any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity, any incidental, special, punitive, exemplary and consequential damages or loss howsoever arising including without limitation breach of contract, negligence, wilful act or default even if the risk of such loss or damage was brought to Pos Malaysia’s attention before or after acceptance of the Article by Pos Malaysia.

(c) You hereby release Pos Malaysia from and indemnify Pos Malaysia against any action, proceeding, claim, demand or prosecution arising from or in connection with any loss, damage, injury, illness or death to any person or property, misdelivery including delivery otherwise than to the addressee, delayed delivery, early delivery or failure to deliver or any other loss or damage of any kind suffered or incurred for failure to perform or delay in performing or defective performance of the Services.

(d) Notwithstanding any provisions of these GTCs, you expressly understand and agree that Pos Malaysia’s total liability for all losses or damages to the Article shall be limited to and not exceed the value of the Article declared or up to the sum of RM300.00 only, whichever is the lower. If the value of the Article is more than RM300.00, you must insure the Article and bear sole responsibility in obtaining appropriate and prudent insurance for all risks of damage or loss that you may suffer due to loss, damage, theft or any other event occurring to the Article.

(e) Notwithstanding any provisions of these GTCs, you expressly understand and agree that Pos Malaysia shall not be responsible or liable in any manner whatsoever for the Article that is labelled as “At sender’s risk”. You shall bear sole responsibility for all risks of damage or loss that you may suffer due to loss, damage, theft or any other event occurring to the Article.

18. Severance
If any of the above clauses are not enforceable for any reason whatsoever, it would not prevent the validity and enforceability of the other paragraphs in these GTCs herein.

19. Variation of Terms and Conditions
(a) It is hereby agreed that these GTCs may be altered, varied, substituted and/or added to from time to time or at any time by Pos Malaysia at its absolute discretion without prior notice to you and you shall be deemed to have accepted such alteration, variation or modification by your use and/or continued use of the Services.

(b) Such alteration, variation, substitution and / or addition shall take effect on the date on which Pos Malaysia declares it to be effective or such other date specified, whichever is the earlier. It is recommended that you visit www.pos.com.my periodically to keep abreast with the latest changes.

20. Governing Laws
These GTCs shall be governed by laws of Malaysia and shall be subject to the exclusive jurisdiction of the Malaysian Courts.

21. Waiver
Failure to exercise or delay in exercising or enforcing any right under these GTCs by Pos Malaysia shall not operate as a waiver of its right to enforce against the breach of such provision and shall not prejudice the subsequent exercise of the same unless made in writing. No single waiver constitutes a continuing or subsequent waiver.

22. Entirety
These GTCs together with the Specific Terms and Conditions constitute the entire agreement and understanding between you and Pos Malaysia whether written, oral or implied with respect to the subject matter hereof, and it shall supersede all previous agreements, understanding or contract between you and Pos Malaysia relating to the subject matter hereof.

23. Announcement
Pos Malaysia may from time to time make announcements in relation to the Services on Pos Malaysia’s website at www.pos.com.my including any announcements on disruption of the Services.

24. Specific Terms and Conditions
These GTCs shall be read together with any applicable Specific Terms and Conditions issued by Pos Malaysia for any of its Services or any other terms and conditions agreed in writing between you and Pos Malaysia (“Agreed Contract”). In the event of any inconsistency or conflict between these GTC, the Specific Terms and Conditions and the Agreed Contract, the terms in the Specific Terms and Conditions and the Agreed Contract respectively shall prevail to the extent of such inconsistency.