Terms of Service

Transport, Delivery and Logistics

Last modified: 1 October 2020

Section A – General Terms

INTRODUCTION1.1. Please read these Terms of Use carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the Dump Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and Dump (as defined). The Agreement applies to your use of the Service (as defined) provided by Dump. If you do not agree to the Terms of Use, please do not use or continue using the Application or the Service.1.2. Dump may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.dumpster.com.my or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country”), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at http://www.dumpster.com.my as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country.

1.4. DUMP IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN SERVICES PROVIDED BY THIRD PARTY PROVIDERS. DUMP’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. DUMP IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF DUMP AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY DUMP.
DEFINITIONSIn these Terms of Use, the following words shall have the meanings ascribed below:1.2. Dump may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.dumpster.com.my or the Application. It is your responsibility to review the Terms of Use regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.
2.1. “Application” means the relevant mobile application(s) made available for download by Dump (or its licensors) to Users and Third Party Providers respectively;

2.2. “Dump” means:

2.2.1. Dumpster Sdn Bhd in relation to DumpWaste and DumpRecycling;

2.2.2. in relation to Dump for Organization, the entity stated at the Dump for Organization account sign-up page in relation to; and/or

2.2.3. the relevant subsidiary, affiliate, associated company of Dumpster Sdn. Bhd.

2.3. “Dump Policies” means the following:

2.3.1. the Privacy Policy;

2.3.2. the Dump Driver / Delivery Partner Code of Conduct or the Dump Customer Code of Conduct may be applicable; and

2.3.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Platform” means the relevant Dump technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;

2.6. “Privacy Policy” means our privacy policy accessible at: https://www.dumpster.com.my/privacy-policy/ as amended from time to time;

2.7. “Service” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;

2.8. “Software” means any software associated with the Application which is supplied made available for download and installation by Dump;

2.9. “Solutions” means the following transportation and/or logistics services which are made available to Users through the Service (each a “Solution”):

2.9.1. DumpWaste;

2.9.2. DumpRecycling;

2.9.3. Dump for Organization;

2.9.4. Any such other services which Dump may make available from time to time

2.10. “Third Party Provider” means the independent third parties who provide the Solutions to Users through the Service, including third party merchants;

2.11. “User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and

2.12. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
REPRESENTATIONS, WARRANTIES AND UNSERTAKINGS3.1. By using the Service, you represent, warrant / undertake that:
3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. All the information which you provide shall be true and accurate;

3.1.3. You will only use the Application, Platform and Service for their intended and lawful purposes;

3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.6. You will not try to interrupt or harm the Service, Application and/or the Software in any way;

3.1.7. You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

3.1.8. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.9. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.10. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

3.1.11. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards Dump or any third party;

3.1.12. When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;

3.1.13. You will not copy, or distribute the Software or other content without written permission from Dump;

3.1.14. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that Dump 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, Dump has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.15. You will only use an access point or data account which you are authorized to use;

3.1.16. You agree that the Service is provided on a reasonable effort basis;

3.1.17. You agree that your use of the Service will be subject to Dump’s Privacy Policy;

3.1.18. You agree to assist Dump with any internal or external investigations as may be required by Dump in complying with any prevailing laws or regulations in place;

3.1.19. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Dump or any other party as a result of your breach of this Agreement;

3.1.20. You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Dump or to disrupt the natural functions of the Application;

3.1.21. You provide us the phone numbers of Dump users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.

3.2. If you are a Third Party Provider, you further represent, warrant / undertake that:

3.2.1. If applicable, you possess a valid driver’s license, and for Dump service, a commercial driving license (“CD License”) in order to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;

3.2.2. If applicable, you own, or have the legal right and authority to operate, the truck, (“Truck”)which you intend to use when accepting Users, and such Truck is in good operating condition and meets the industry safety standards for Trucks of its kind;

3.2.3. If applicable, you will use the appropriate safety equipment, as required by applicable laws (e.g. safety helmet);

3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Truck and/or business insurance to cover any anticipated losses related to the operation of a waste/recyclable item delivery service;

3.2.5. If applicable, you possess a valid policy of commercial truck insurance (in industry-standard coverage amounts) to operate the Truck as required by the relevant authorities and any other applicable regulation for the operation of the truck. You shall ensure your Public Liability Insurance covers any and all anticipated and unforeseeable losses in relation to damages to the Truck, any claims, personal injury and death of Users, as well as third party coverage whilst operating as an Third Party Provider. You shall ensure that your Public Liability Insurance is purchased and effective on or before 12 July 2019 and a copy of the same shall be submitted to Dump;

3.2.6. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;

3.2.7. You shall obey all local laws related to the operation of a waste/recyclable delivery service and will be solely responsible for any violations of such local laws;

3.2.8. You shall not contact Users for purposes other than in connection with the Service;

3.2.9. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of Dump, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;

3.2.10. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.11. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;

3.2.12. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of Dump’s information or information related to the Application or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Dump reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

3.3. If you are a User, you further represent, warrant / undertake that:

3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;

3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake orders;

3.3.3. Where applicable, you agree to indicate the accurate type of waste/ recyclable when requesting for the Service. You further acknowledge and agree that if the information on the type of waste/ recyclable is untrue or inaccurate, the third party transportation provider is entitled to cancel your order and you may be charged a Cancellation Fee, as per the Cancellation Policy;

3.3.4. You shall not contact the Third Party Provider for purposes other than the Service;

3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider, the Truck or the Dumpster;

3.3.6. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;

3.3.7. Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;

3.3.8. You acknowledge and agree that only one (1) account can be registered on one device;

3.3.9. You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and

3.3.10. You agree that Dump may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account;

3.3.11. You agree to not fill a dumpster over its height limit or weight limit, during a DumpWaste service or DumpRecycling service;

3.3.12. You agree to not fill a dumpster with type of waste/ recyclable different from what the requested dumpster should be filled, during a DumpWaste Service or DumpRecycling Service;

3.3.13. You agree to provide accurate weight of the recyclable or you may choose to not provide any weight of the recyclable upon Filling Stage, during a DumpRecycling Service;

3.3.14. You agree to use the weight provided by Dump as the final weight, during a DumpWaste Service or DumpsRecycling Service;

3.3.15. You agree to not fill a Dumpster with non-recyclable or waste or rubbish, during a DumpRecycling Service;

3.3.16. You agree to allow Dump or its Third Party Merchant to deduct the weight of non-recyclable or waste or rubbish or moisture in deriving the net weight of recyclable;

3.3.17. You agree to allow Dump or its Third Party Merchant to deduct sorting fee on per kg basis, based on the sorting fee listed ,if the recyclable is not sorted as per order, during the DumpRecycling Service;

3.3.18. You agree to safeguard the Dumpster provided onsite from missing, scrawling or any damage, during a DumpWaste Service or DumpRecycling Service;

3.3.19. You further agree to compensate for the missing, scrawling or any damage of the dumpster, during a DumpWaste Service or DumpRecycling Service;
COMPATIBILITYDifferent models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.
LICENSE GRANT AND RESTRICTIONS5.1.Dump and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Dump and its licensors.5.2. You shall not:
5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;

5.2.2. modify or make derivative works based on the Application and/or the Software;

5.2.3. “mirror” the Application / Software on any other server or wireless or internet-based device;

5.2.4. except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, this Application or any software or services made available on or through the Application;

5.2.5. use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (b) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;

5.2.6. post, 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;

5.2.7. remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or

5.2.8.use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
PAYMENTS6.1 Payment Terms for Third Party Providers (Drivers/Delivery Partners)
6.1.1 The fees which you pay Dump for the Service are due immediately and are non-refundable (“Service Fee”). Subject to any limit stipulated by the applicable law, the Service Fee shall be a percentage of the User Charges, as determined by Dump from time to time. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT DUMP MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 Dump retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold Dump liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.4 Dump may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. Dump may change the Service Fee at any time at its sole discretion.

6.1.5 Driver’s Cash Balance: Dump shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance”). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver DumpPay Wallet, or to such other recipient accounts as are made available in the Application. Dump reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.

6.1.6 Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with Dump a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to Dump by you of commissions and other fees and charges applicable under these Terms of Use. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by Dump, and shall be notified to you via the Application. It may be changed at any time at Dump’s sole discretion.

6.1.7 You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is RM1,500.00. Balance may be added in any manner prescribed by Dump from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).

6.1.8 Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. Dump may receive interest on amounts that Dump holds on your behalf. You agree to assign your rights to Dump for any interest derived from your Credits.

6.1.9 Driver’s DumpPay Wallet: Where available, Drivers will be provided with a DumpPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Users. Usage of your Driver’s DumpPay Wallet will be governed by the DumpPay Terms of Use, accessible via the https://www.dumpster.com.my/terms-of-service/ website.

Payment Terms for Users:

6.2.1 Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

6.2.2 Automated payment may be made by credit card and or debit card, by DumpPay, alternative e-Wallets or by PayLater or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the DumpPay Terms of Use, accessible via the https://www.dumpster.com.my/terms-of-service/ website.

6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.
CANCELLATION7.1 For Third Party Providers:
7.1.1 The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ orders will impair the Users’ experience and negatively impact the reputation and branding of Dump.

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Dump reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring an order may be counted in determining if your access to the Service will be temporarily restricted.

7.2 For Users:

7.2.1 You may cancel your request for waste disposal or recycling services at any time before you commence your order with the Third Party Provider that has been matched with you by the Service.

7.2.2 If you decide to cancel your order or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Dump may notify from time to time via the Cancellation Policy on Dump’s website.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact Dump via the Help Centre on Dump’s website for assistance. Dump reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the DumpPay Credits or such other method as is deemed reasonable by Dump, for cash payments.
DUMPREWARDS LOYALTY PROGRAMME AND PROMOTIONS FOR USERS8.1 If you are a User using the Application, you will automatically be a member of the loyalty programme named “DumpRewards Loyalty Programme” operated by Dump and/or its affiliate companies.8.2 The terms of the DumpRewards Loyalty Programme will be governed by the DumpPay Terms of Use, accessible via the https://www.dumpster.com.my/terms-of-service/ website.
8.3 From time to time, Dump may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. Dump reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. Dump reserves the right to void, discontinue or disqualify any user from any promotion or subscription plan without prior notice to any user, in the event a user breaches any part of these Terms of Use.
RATINGS9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.9.2. Every rating will be automatically logged onto Dump’s system and Dump may analyse all ratings received. Dump may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
COMPLAINTS10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.
REPAIR AND CLEANING FEES FOR USERS11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Third Party Provider’s Dumpster as a result of your misuse of the Service or breach of the Terms of Use herein. Dump may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Third Party Provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Third Party Provider has been verified by Dump.
INTELLECTUAL PROPERTY OWNERSHIP12.1. Dump and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Dump and/or its licensors. Dump’s name, Dump’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of Dump or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.
TAXES13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Dump to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
CONFIDENTIALITY14.1. You shall maintain in confidence all information and data relating to Dump, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Dump (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Dump, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Dump’s prior written consent, disclose such information to any third party nor use it for any other purpose.14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
14.2.1. was at the time of receipt already in your possession;

14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3. was received from a third party having the right to disclose it; or

14.2.4. is required to be disclosed by law.
DATA PRIVACY AND PERSONAL DATA PROTECTION POLICY15.1. Dump collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of Dump’s Services and its terms are made a part of this Agreement by this reference.15.2. Where applicable, you agree and consent to Dump, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.
15.3. You acknowledge that Dump may disclose Personal Data of other individuals to you in the course of your use of Dump’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Dump, and not for any other unauthorized purposes.
THIRD PARTY INTERACTIONS16.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and Dump and its licensors shall have no liability or obligation for any such communication or agreement. Neither Dump nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall Dump, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Dump is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Dump is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.16.2. Dump may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings. You agree and allow Dump to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links”). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

16.4. You acknowledge that the Application utilises and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not:
- copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
- sublicense, transfer or distribute Google Maps;
- sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
INDEMNIFICATION17.1. By agreeing to the Terms of Use upon using the Service, you agree that you shall indemnify and hold Dump, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any Truck, including your provision of Solutions to Users via the Service where applicable.
DISCLAIMER OF WARRANTIES18.1. The Application, its content and any related service(s) is provided to you on an “as is” basis. Dump makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Use, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Use.18.2. Dump makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to Dump in respect of the same.
INTERNET DELAYSTHE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY TRANSPORTATION PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. DUMP IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
LIMITATION OF LIABILITY20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST DUMP BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. DUMP AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
20.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

20.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE;

EVEN IF DUMP AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2. DUMP DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE DUMP FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

20.3. DUMP WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH DUMP, DUMP CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE DUMP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

20.3. DUMP WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH DUMP, DUMP CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE DUMP FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO USERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
NOTICE21.1. Dump may give notice through the Application, electronic mail to your email address in the records of Dump, or by written communication sent by registered mail or pre-paid post to your address in the record of Dump. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Dump (such notice shall be deemed given when received by Dump) by letter sent by courier or registered mail to Dump using the contact details as provided in the Application.
ASSIGNMENT22.1. This Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Dump but may be assigned without your consent by Dump. Any purported assignment by you in violation of this section shall be void.
DISPUTE RESOLUTION23.1. This Terms of Use shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Dump (the “Arbitrator”). If you and Dump are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and Dump, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
RELATIONSHIP24.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with Dump.
SEVERABILITY25.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
NO WAIVER26.1. The failure of Dump to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.
ENTIRE AGREEMENT27.1. This Agreement comprises the entire agreement between you and Dump and supersedes any prior or contemporaneous negotiations or discussions.
SUSPENSION AND TERMINATION28.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.
NO THIRD PARTY RIGHTS OR ASSIGNMENTThis agreement does not give rights to any third parties who are not party to this Agreement.

Section B – Additional Terms

Dump for Business1.1 Provision of Services
1.1.1 Access to Services:
This section applies to you if you are a corporate User (“Corporate User”) and sets out the terms under which you may utilise the Dump for Business Portal (“Portal”) in conjunction with the Solutions accessed by you or your authorised Users (“Authorised User”) through the Application or the Platform. You and your Authorised Users’ use of the Application and Solutions are subject to the applicable terms in these Terms of Use. The Terms of Use and this section applies to you upon your completion of the account sign-up page on https://dumpster.com.my/partner-dumprecycling/, and constitute a binding agreement between you and Dump. In the event of any conflict in the terms under this section and the rest of these Terms of Use, the terms in this section shall prevail to the extent that such inconsistency relates to Dump for Business.

1.1.2 After verification and acceptance by Dump, Dump will establish a Corporate User Account for you in accordance to your preferred mode of payment of charges incurred by Authorised Users for the Solutions, be it (1) Corporate Billing (as defined below), (ii) reimbursement, or (iii) corporate credit card billing. Using your Corporate User Account, you may permit Authorised Users with an Active Account (as defined below) to pay for Solutions using Corporate Billing (as defined below). You acknowledge that Authorised Users employing Corporate Billing will be incurring User Charges to your Corporate User Account and not to the Authorised User’s personal account or credit card. You agree to pay all User Charges incurred under Corporate Billing, as well as any applicable fees incurred by Authorised Users in using the Solutions, in accordance with the terms and conditions herein. ” Corporate Billing” means the enterprise billing and payment process for the Service provided by Dump or its Affiliates to you hereunder for User Charges, whereby you make payment at the agreed date via your designated payment method under the DumpPay Terms of Use, subject to a monthly statement made available by Dump to you on a monthly basis.

1.2 Active Account Required

1.2.1 You acknowledge and agree that before an Authorised User is authorised, and before the Authorised User can access the Dump for Business’s functionalities relating to the Service pursuant to this Agreement (“Proposed User”), such Proposed User must (i) download and install the Application on a compatible mobile device, (ii) register for and maintain an active personal user account (“Active Account”) until the Corporate User Account is terminated. The Proposed User’s registration requires the entry of personal data and may require a personal credit card number or any other payment method authorised by Dump. The Proposed User must also confirm the mobile number provided during the registration process. Dump’s use of any personal data and credit card or other authorised payment method information to establish an Active Account shall be as set forth in the Privacy Policy.

1.2.2 You acknowledge that certain Proposed or Authorised Users may be suspended or banned from use of the Service due to future or past violations of the Terms of Use, and that Dump shall have no obligation or liability related to a Proposed or Authorised User that is unable to obtain or maintain an Active Account for the purposes of Corporate Billing due to such violations.

1.3 User Account Linking

1.3.1 To enable Dump for Business features for a Proposed User with an Active Account, you shall provide Dump with (i) such Active Account holder’s full name, (ii) the Active Account holder’s company email address on the top level domain of Corporate User (e.g., name@companydomain.com), and (iii) other identifying information about the Active Account holder as reasonably requested by Dump (“Linking Data”). Dump will use the Linking Data provided for the purpose of authenticating the identified Active Account holder and linking such Active Account with the Dump for Business account to establish the Active Account holder as an Authorised User, and verifying the status of such Authorised User from time to time during the term of this Agreement. All Proposed Users invited to enable Dump for Business features will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with Corporate User Account for Corporate Billing. Upon the linking of the Corporate User Account to an Active Account and where Corporate Billing applies, such Proposed User shall be provided the option, on a trip by trip basis, to apply User Charges to your Corporate User Account via the Corporate Billing option.

1.3.2 You acknowledge that the verification and linking described above will require Dump to contact each such Proposed User using the Linking Data, and by providing Linking Data, you confirm that you have obtained all necessary consents from each Proposed User for Dump to contact such Proposed User for the purpose of implementing the Dump for Business account in the applicable Active Account. You shall ensure that Linking Data provided to Dump is accurate and complete, and Dump shall not be liable to you, an Authorised User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by you.

1.3.3 You agree to (i) notify each Proposed User that by linking Proposed User’s personal Active Account with your Corporate User Account for Dump for Business that Dump will provide you with detailed trip/ order information for the orders or other bookings charged to your account, and (ii) obtain any necessary consent from each Authorised User for Dump to share detailed trip/order information with you.

1.3.4 An Authorised User’s personal account may be unlinked from your account and the Corporate Billing option at any time by (i) you unlinking the Authorised User through the Portal.

1.4 Responsibility for User Account Activity
You agree that (a) you are responsible for all User Charges incurred by Authorised Users on a then-current Authorised User list regardless of whether such User Charge was authorised between Authorised User and you and (b) User Charges may be subject to price changes at any time, including, without limitation, occasional increases during surge periods and other amounts as further described in the Terms of Use. Further, you agree that Dump shall not be responsible for User Charges incurred by an Authorised User after you have attempted removal of such Authorised User from the Corporate Billing option to the extent you provide incomplete or inaccurate Authorised User removal information via the Portal. Finally, as between you and Dump, you shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of Authorised User’s use of Corporate Billing for the Service. You shall notify Dump promptly upon discovery of fraudulent or prohibited activity occurring under your account.

1.5 Restrictions
You agree to, and to cause all Authorised Users to, use the Service and Application solely as set forth in this Terms of Use. Dump reserves the right to suspend participation in Corporate Billing to you and/or any Authorised Users for violations of these Terms of Use. In the event that an Authorised User’s Active Account is suspended or terminated pursuant to these Terms of Use, such Authorised User’s access to Corporate Billing shall also be suspended. Corporate User shall not, and shall not authorise others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Service or Application, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Service or Application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the Application for any usage of the Service or (d) impose any additional fees or charges on an Authorised User related to use of the Service. Dump reserves all rights not expressly granted to you or Authorised Users under these Terms of Use.

1.6 Account Administration

1.6.1 Dump for Business Portal
You will be provided with access to the Portal. Dump’s primary contact with you shall be by way of your appointed administrator set forth on the account creation form associated with this Agreement (“Company Admin”).The Portal may enable you to (a) view a current list of all Proposed Users who have been invited, and Authorised Users who have been linked, (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Authorised User’s access to Corporate Billing (d) view relevant trip/order information as determined by Dump from time to time (“Portal Data”) and prepare and review activity reports using Portal Data, (e) disable all current Authorised Users from using Corporate Billing Methods, (f) manage and update the on file, (g) view current, appoint new, and remove Company Admins. You agree to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. Dump reserves the right to add, remove and update features and functionality of the Dump for Business Portal at any time without any notice to you.

1.6.2 Administration
You may appoint additional Company Admins at your discretion, and Dump will provide the necessary Portal login credentials to you. You agree to (a) maintain all Portal login credentials in confidence, (b) only permit the lead Company Admins and your other authorised company administrators to access the Portal, and (c) update all information of the lead Company Admin and other authorised administrators to ensure that it is current, accurate, and complete. You shall limit access to Portal Data to only those personnel who have a legitimate business need to access such Portal Data. You shall be responsible for all activities that occur under your Portal login credentials including keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing methods via the Portal. Dump may review the current list of Authorised Users from time to time via the Portal to maintain and support the Application and Service and ensure compliance with the Terms of Use.

1.7 Fees and Payments

1.7.1 Fees
In consideration of the provision of the Solution and Platform provided by Dump, including Corporate Billing, Dum may charge a service or administration fee (the “Fees”) as determined by Dump from time to time. You shall pay to Dump all User Charges and the Fees on the terms set forth below.

1.7.2 Payment Terms
Subject to terms and conditions determined by Dump in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report”) for User Charges incurred by Authorise Users utilising Corporate Billing during the preceding month (“Monthly Billing”). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within thirty (30) days from the date of such Monthly Report.

If you have not enabled Corporate Billing and instead you have opted for a Reimbursement or corporate credit card method of payment, Dump shall charge the Authorised User for User Charges at the end of each Authorised User’s trip/ order on a per trip/booking charge basis via the payment methods selected by the Authorised User.

Fees
All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to Dump when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).

User Charges
Unless otherwise indicated on an Authorised User receipt, all payments made pursuant to this Terms of Use are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on such User Charges Fees, including VAT. You agree to provide information that Dump may reasonably request in order for Dump to be able to comply with its tax reporting obligations including, but not limited to, your registered company name, billing address, tax number (where applicable) and any other evidence that Dump may require that you are a business conducting an economic activity. If you are participating in Monthly Billing, the Monthly Report will indicate Fees in the currency applicable to the place of incorporation only. If you are not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Authorised User’s applicable trip. All payments are non-refundable unless otherwise stated.

For the purpose of clarity, all payments shall be made by you to the Dump entity that is stated in the Dump for Business account sign-up page on https://dumpster.com.my/partner-dumprecycling/.

1.7.3 Nonpayment
Dump reserves the right to immediately suspend your account and suspend any or all Corporate Billing by all Authorised Users in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an invalid credit on your Corporate User account, or a rejected transaction. Dump further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charger and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at Dump’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.

1.8 Term and Termination

1.8.1 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.

1.8.2 Either you or Dump may terminate this agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations and paragraphs

1.9 Warranties and Disclaimer of Liability

1.9.1 You represent and warrant that (a) you have the full right, power and authority to enter to this agreement, and that (b) your acceptance of these Terms of Use and performance of your obligations herein does not and will not violate any other agreement to which you are party to.

1.9.2 You further represent and warrant that: (a) you have all rights and permissions necessary to provide Dump with the Linking Data and any other information provided to Dump hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally-adequate consent from Proposed Users and Authorised Users as necessary to provide Dump with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that Dump will provide you with detailed trip/order information for the trips or other orders charged to your account, and (d) you are in compliance, and shall remain in compliance during the Term, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

1.9.2 You further represent and warrant that: (a) you have all rights and permissions necessary to provide Dump with the Linking Data and any other information provided to Dump hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally-adequate consent from Proposed Users and Authorised Users as necessary to provide Dump with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that Dump will provide you with detailed trip/order information for the trips or other orders charged to your account, and (d) you are in compliance, and shall remain in compliance during the Term, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

1.9.3 OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR DATA PRIVACY, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF DUMP OR CORPORATE USER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (I) TEN THOUSAND MALAYSIA RINGGIT (RM10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND (II) THE TOTAL FEES PAID OR PAYABLE BY YOU TO HEREUNDER.

1.10 Proprietary Rights

1.10.1 No Publicity
Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

1.10.2 Ownership
Dump and its affiliate companies are and shall remain the owners of all right, title and interest in and to the Service, Application and Portal including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to you or any Proposed User or Authorised User in connection with these Terms of Use.

1.11 Force Majeure
Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

1.12 Assignment
Notwithstanding anything contained in this Agreement, either party may assign this Agreement without the consent but with notice to the other party in connection with a merger or a sale of all of the equity or assets of said party. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.

1.13 Legal Fees
In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this agreement.

Credit

Last modified: 25 October 2020

Important – please read these terms carefully. These terms apply to both Users (as defined below) who have opted to use the Credit Services (as defined below) and Third Party Providers (as defined below) who are offering Credit Postpaid or Credit Instalment services.

By using the Credit Services, you (either as User or Third Party Provider, where applicable) agree that you have read, understood, accepted and agreed with the terms of use as stated herein (collectively, the “Credit Terms” or the “Agreement”). The Credit Terms stated herein constitute a legal agreement between you and Dumpster Sdn. Bhd. (“Dump”). Dump is a technology company that facilitates participating Third Party Providers and Users in their respective provision and use of the Credit Services. Notwithstanding the above, the Credit Services may be carried out by Dump’s affiliates(s) which shall be solely responsible to ensure that the obligations are carried out in accordance with this Agreement.

By using the Dump mobile application supplied to you by Dump (the “Application”) or any other relevant platform or electronic communication (collectively, the “Dump Platform”), and downloading, installing or using any associated software supplied by Dump (the “Software”) for the purpose of offering or using the Credit Postpaid service or Credit Instalment service (the “Credit Postpaid service” or “Credit Instalment service” and generally, the “Credit Services”), you hereby expressly acknowledge and agree to be bound by these Credit Terms, and any future amendments and additions to these Credit Terms as published from time to time at https://www.dumpster.com.my/ or through the Dump Platform.

Your continued use of the Credit Services, whether or not reviewed by you, shall constitute your consent to and acceptance of the Credit Terms. You further agree to the representations made by yourself below. If you do not agree to these Credit Terms, please do not proceed to use the Credit Services. If you have commenced the use of Credit Services, you may notify Dump of your intention to discontinue the use of Credit Services in accordance with Clause 9.

For the purpose of these Credit Terms, wherever the context so requires:

“User” shall mean any natural or legal person who is a user of the Credit Services and has agreed to the Credit Terms herein;
“Processing Fee” means, in respect of Credit Installments and where the first instalment payment is paid on the date of purchase of the relevant product by the User, an amount equal to the relevant percentage (notified by DPNM and/or any other affiliate as Dump may approve acting as the collection agent to the Third Party Provider from time to time) of the amount of the first instalment paid.
“Third Party Provider” means an independent third party who provides goods and/or services to Users via the Credit Postpaid service or Credit Instalment service, as the case may be, and who has entered into a receivables purchase agreement and/or any other relevant documentation (the “Receivables Purchase Agreement”) with an assignee, where it has been agreed between Third Party Provider and such assignee that Third Party Provider will receive payment in exchange for Third Party Provider’s assignment of the receivables. Third Party Providers include but are not limited to drivers, delivery partners and third party merchants. Consumer advisory – the Credit Services do not constitute a loan, credit card or charge card facility provided to you by Dump and/or its affiliates.

Credit Postpaid1.1 Use of Credit Postpaid
1.1.1 If you are a Third Party Provider, you shall offer Credit Postpaid service in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:

(a) to offer the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) as a single deferred payment by the date falling on the 7th day of the subsequent month after the month of the payment transaction (the “Credit Postpaid Payment Deadline”);

(b) to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;

(c) that you acknowledge and confirm that Dump’s affiliate, DumpPay Network (M) Sdn Bhd (“DPNM”) and/or any other affiliate as Dump may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables; and

(d) that Dump may facilitate any such payment to you by the User whether through the Dump Platform or otherwise (including by way of provision of the User’s name and contact information to you).

1.1.2 If you are a User, you may, where available, select the Credit Postpaid service within the Dump Platform in respect of any payment transaction concluded in the Dump Platform between you and any Third Party Provider.

1.1.3 If you are a User, you agree that Dump reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the Credit Postpaid service. In the event that you choose to pay for your goods and/or services on a deferred basis via Credit Postpaid:

(a) the Third Party Provider will offer to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest free basis the payment in respect of the payment transaction (including tips, where applicable) by the Credit Postpaid Payment Deadline;

(b) you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under Credit Services;

(c) you agree that Dump may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and

(d) you agree that if you fail to make eventual payment under the Credit Postpaid service (whether to the Third Party Provider or its assignee) by the Credit Postpaid Payment Deadline, the Third Party Provider or its assignee and/or any person acting on their behalf (including Dump) may take such steps as are necessary to enforce payment by you.

1.1.4 Dump reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where Dump reasonably believes you, either as User or Third Party Provider, to be in breach of these Dump Terms. In such event, you agree that you shall not hold Dump liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

1.2 Payment Process for Credit Postpaid

1.2.1 Dump, on behalf of the Third Party Provider and/or its assignee, shall issue to the User an aggregated payment statement or bill before each Credit Postpaid Payment Deadline(s) (the “Credit Postpaid Bill(s)”).

1.2.2 The main mode of payment for the Credit Postpaid Bill(s) and/or any related fees shall be via DumpPay Credits (as defined in the DumpPay Terms of Use). Users may choose to add any credit cards or such other methods of making payment into the DumpPay Wallet as are made available in the Dump Platform (each a “Funding Source”) to purchase DumpPay Credits to make payments towards the Credit Postpaid Bill(s) and/or any related fees. The terms set out in the DumpPay Terms of Use shall apply.

1.2.3 Users may choose any other mode of payment made available to them by Dump on the Dump Platform to make payments towards the Credit Postpaid Bill(s) and/or any related fees.

1.2.4 There shall be no charges levied by the Third Party Provider or Dump on the usage of the Credit Services other than as agreed with the User in writing.

1.2.5 Auto-Deduction and Auto-Top Up features:
Auto-Deduction: User hereby agrees to enable DPNM to make an automatic deduction of all monies owed to the Third Party Provider or its assignee and/or any person acting on their behalf (including Dump) under the Credit Postpaid Bill(s) from the User’s DumpPay Credits on the Credit Postpaid Payment Deadlines, without further consent from the User. (b) Auto Top-Up, Auto-Deduct feature: If the User’s DumpPay Credits are insufficient for the purposes of discharging Credit Postpaid Bill(s) by the Credit Postpaid Payment Deadlines, User hereby agree to enable DPNM to automatically purchase sufficient DumpPay Credits on behalf of the User from the User’s preferred Funding Sources for the sole purpose of making auto-deductions and payments of any Credit Postpaid Bill(s).

1.2.6 As agreed in these Credit Terms, if full payment is not made (whether directly by the User or via the Auto-Deduct feature) for the Credit Postpaid Bill(s) (whether to the Third Party Provider or its assignee) by the Credit Postpaid Payment Deadline(s), the Third Party Provider or its assignee and/or any person acting on their behalf (including Dump and/or its affiliates) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Dump Platform and/or the Credit Services and/or the Credit Postpaid service within the Dump Platform.

1.2.7 In the event of suspension, Dump will levy an administrative fee of RM 10.00 to re-activate a User’s access to and use of the Dump Platform and/or the Credit Services and/or the Credit Postpaid service (as applicable) within the Dump Platform.

1.3 Refund Process for Credit Postpaid

1.3.1 Refunds on goods and/or services after User has paid Credit Postpaid Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the Credit Services, but has made payment of the Credit Postpaid Bill for which such goods and/or services fall under, you hereby acknowledge and agree that:

(a) such Third Party Provider may pay Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you;

(b) Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve will apply such refund amount on your behalf to make payment of any Credit Postpaid Bill(s) which is outstanding or make payment of any of your future transactions made using the Credit Postpaid service; and

(c) in the event that you, as a User, terminates this Agreement in accordance with Clause 9.1, any refund amount not applied to any Credit Postpaid Bill(s) will be remitted to you as DumpPay Credits.
Use of Credit Installments2.1 Use of Credit Installments
2.1.1 If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer Credit Instalment as a service in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:

(a) to offer the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by way of: (i) equal monthly instalment payments, in the frequency as notified to you through the Dump Platform, with the first monthly instalment due to be paid on the date falling one month from the date of the payment transaction and/or (ii) equal instalment payments, in the frequency as notified to you through the Dump Platform, with the first instalment payment being payable at the time of purchase and the remaining instalments being due on the date falling in the subsequent months from the date of the payment transaction respectively, and provided that whether the deferred payment terms in this Clause 2.1.1(a)(i) or (ii) will be offered to the User will be agreed with Dump from time to time (collectively, the “Credit Instalment Payment Deadlines”);

(b) to sell and assign all payments (except the first instalment payment referred to in Clause 2.1.1(a)(ii) above) due to you for your provision of goods and/or services to the User, including tips (where applicable), pursuant to the Receivables Purchase Agreement agreed between you and such party under which you will receive payment in exchange for your assignment of the receivables;

(c) that you acknowledge and confirm that Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and (where the first instalment payment is payable on the date of purchase of the relevant product by the User) to collect and pay to you the first instalment payment (less any applicable Processing Fee in respect of that first instalment payment or any other first instalment payment which is due or remains outstanding) and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables;

(d) that Dump and/or its affiliates may facilitate any such payment to you by the User whether through the Dump Platform or otherwise (including by way of provision of the User’s name and contact information to you); and

(e) that where the first instalment payment is payable at the time of purchase, a non-refundable Processing Fee shall be due and payable from you to Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve, on the date that such first instalment is paid.

2.1.2 If you are a User, you may, where available, select the Credit Instalment service within the Dump Platform in respect of any payment transaction concluded in the Dump Platform between you and any Third Party Provider.

2.1.3 If you are a User, you agree that Dump reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the Credit Instalment service. In the event that you choose to pay for your goods and/or services on a deferred basis via Credit Instalment:

(a) the Third Party Provider will offer to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider on an interest-free basis the payments in respect of a payment transaction (including tips, where applicable), by way of equal periodic instalment payments due to be paid by the Credit Instalment Payment Deadlines, and if applicable, the first instalment payment due to be paid by the time of purchase;

(b) you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under Credit Instalment;

(c) you agree that Dump may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and

(d) you agree that if you fail to make eventual payment under the Credit Instalment service (whether to the Third Party Provider or its assignee) by the Credit Instalment Payment Deadlines, the Third Party Provider or its assignee and/or any person acting on their behalf (including Dump) may take such steps as are necessary to enforce payment by you.

2.1.4 Dump reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where Dump reasonably believes you, either as User or Third Party Provider, to be in breach of these Credit Terms. In such event, you agree that you shall not hold Dump liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

2.2 Payment Process for Credit Installments

2.2.1 Dump, on behalf of the Third Party Provider and/or its assignee, shall issue to the User an aggregated payment statement or bill before each Credit Instalment Payment Deadlines (the” Credit Instalment Bill(s)”).

2.2.2 The main mode of payment for the Credit Instalment Bill(s) and/or any related fees and any first instalment payment payable at the time of purchase shall be via DumpPay Credits (as defined in the DumpPay Terms of Use). Users are required to add any credit cards or such other methods of making payment into the DumpPay Wallet as are made available in the Dump Platform (each a “Funding Source”) to purchase DumpPay Credits to make payments towards the Credit Instalment Bill(s) and/or any related fees any first instalment payment payable at the time of purchase. The terms set out in the DumpPay Terms of Use shall apply.

2.2.3 If applicable, Users may choose any other mode of payment made available to them by Dump on the Dump Platform to make payments towards the Credit Instalment Bill(s) and/or any related fees and any first instalment payment payable at the time of purchase.

2.2.4 There shall be no charges levied by the Third Party Provider or Dump on the usage of the Credit Services other than as agreed with the User in writing.

2.2.5 Auto-Deduction and Auto-Top Up features:

(a) Auto-Deduction: User hereby agrees to enable DPNM to make an automatic deduction of all monies owed to the Third Party Provider or it’s assignee and/or any person acting on their behalf (including Dump) under the Credit Instalment Bill(s) from the User’s DumpPay Credits on the Credit Instalment Payment Deadlines, without further consent from the User.

(b) Auto Top-Up, Auto-Deduct feature: If the User’s DumpPay Credits are insufficient for the purposes of discharging the Credit Instalment Bill(s) by the Credit Instalment Payment Deadlines, User hereby agree to enable DPNM to automatically purchase sufficient DumpPay Credits on behalf of the User from the User’s preferred Funding Sources for the sole purpose of making auto-deductions and payments of any Credit Instalment Bill(s).

2.2.6 For the avoidance of doubt, in the event GPNM is unable to make automatic deduction of all monies owed by the User under the Credit Instalment Bill(s) on the Credit Instalment Payment Deadlines for whatever reason, GPNM is irrevocably authorized to continue to make auto deduction as at Clause 2.2.5(a) or auto top-up and auto deduction as at Clause 2.2.5(b) until full payment is received.

2.2.7 As agreed in these Credit Terms, if full payment is not made (whether directly by the User or via the Auto-Deduct feature) for the Credit Instalment Bill(s) (whether to the Third Party Provider or its assignee), the Third Party Provider or its assignee and/or any person acting on their behalf (including Dump) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Dump Platform and/or the Credit Services and/or the Credit Postpaid service within the Dump Platform.

2.2.8 The User agrees that DPNM and/or any other affiliate as Dump may approve acting as the collection agent may impose a payment failure fee of RM10 each time that a non-payment of any Credit Instalment Bill(s) from a User has not been fully paid by the 7th consecutive day from the date of the relevant Credit Instalment Payment Deadline.

2.3 Refund Process for Credit Installments

2.3.1 Refunds on goods and/or services after User has paid Credit Instalment Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the Credit Services, but has made payment of the Credit Instalment Bill(s) for which such goods and/or services fall under, you hereby acknowledge and agree that:

(a) such Third Party Provider may pay Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you; and

(b) Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve will apply such refund amount on your behalf to make payment of any Credit Instalment Bill(s) which is outstanding or make payment of any of your future transactions made using the Credit Instalment service;

(c) in the event that you, as a User, terminates this Agreement in accordance with Clause 9.1, any refund amount not applied to any Credit Instalment Bill(s) will be remitted to you as DumpPay Credits.
Representations, Warranties and Undertakings3.1 By using the Credit Services, you expressly represent, warrant and undertake that:
(a) you are legally entitled to accept and agree to these Credit Terms;

(b) all the information which you provide shall be true and accurate;

(c) when using the Credit Services, you shall comply with all applicable laws whether in Malaysia or otherwise in the country, state and city in which you are present while using the Credit Services;

(d) you may only access the Credit Services using authorized means. It is your responsibility to check and ensure that you are utilizing the correct Credit Services;

(e) you will only use the Credit Services for lawful purposes;

(f) you will only use the Credit Services for the purpose for which it is intended to be used;

(g) you will not use the Dump Platform or the Credit Services for sending or storing any unlawful material or for fraudulent purposes;

(h) you will not use the Dump Platform and/or the Credit Services to cause nuisance, annoyance, or inconvenience;

(i) you will not try to harm the Credit Services and/or the Dump Platform in any way whatsoever;

(j) you agree to notify Dump immediately of any unauthorized use of your Credit Services account or any other breach of security;

(k) you will provide Dump with proof of identity as it may reasonably request or require;

(l) you agree to provide accurate, current and complete information as required for the Credit Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that Dump 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, Dump has the right but not the obligation to terminate this Agreement and your use of the Credit Services at any time with or without notice;

(m) you shall not employ any means to defraud Dump or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Dump to encourage new subscription or usage of the Credit Services by new or existing customers;

(n) you agree that the Credit Services are provided on a reasonable effort basis;

(o) you agree that your use of the Credit Services will be subject to Dump’s Privacy Policy; and

(p) you agree to assume full responsibility and liability for all loss or damage suffered by yourself, Dump or any other party as a result of your breach of this Agreement.

3.2 If you are a Third Party Provider, you further represent, warrant and undertake that:

(a) if applicable, you have all the appropriate licenses, approvals and authority to provide the goods and/or services to the Users in which you are offering Credit Postpaid as a service in accordance with these Credit Terms;

(b) you shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage which is due to or is alleged to be a result of the goods and/or services provided by you;

(c) you shall obey all laws related to the operation of your business and/or sale of your goods and/or services and will be solely responsible for any violations of such laws;

(d) you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Dump Platform, or any other customer of Dump, including without limitation any user account not owned by you, to its source, or exploit the Dump Platform, or any service or information made available or offered by or through the Dump Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Dump Platform;

(e) if you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and

(f) you are strictly forbidden to use the Credit Services for other purposes such as but not limited to data mining of Dump’s information or information related to the Dump Platform and/or the Credit Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Dump reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Credit Postpaid service other than for the purpose for which it is intended to be used.

3.3 If you are a User, you further represent, warrant and undertake that:

(a) your use of the Credit Services is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor; and

(b) you shall not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your Credit Postpaid account or Credit Postpaid Bill(s) or Credit Instalment Bill(s) (whichever applicable) to any other person or entity.
Taxes4.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.4.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Dump to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Credit Services under this Agreement.
Data Privacy & Personal Data Protection Policy5.1 You agree and consent to Dump collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.5.2 For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Dump by any means and/or any information about you that has been or may be collected, stored, used and processed by Dump.
5.3 The provision of your Personal Data is voluntary. However, if you do not provide Dump your Personal Data, your application/request to use the Credit Services may be incomplete and Dump will not be able to process your Personal Data for the Purposes outlined below and may cause Dump to be unable to allow you to use the Credit Services.

5.4 Dump may collect, use, disclose and process your Personal Data for business and activities of Dump which shall include, without limitation the following (the “Purposes”):

(a) to perform Dump’s obligations in respect of any contract entered with you;

(b) to provide you with any services pursuant to the Credit Terms herein;

(c) process, manage or verify your application for the Credit Services pursuant to the Credit Terms herein;

(d) to validate and/or process payments pursuant to the Credit Terms herein;

(e) to process any refunds, rebates and or charges pursuant to the Credit Terms herein;

(f) to facilitate or enable any checks as may be required pursuant to the Credit Terms herein;

(g) to develop, enhance and provide what is required pursuant to the Credit Terms herein to meet your needs;

(h) to conduct due diligence checks, credit assessment or evaluation with credit reporting agencies;

(i) for internal administrative purposes, such as auditing, data analysis, database records;

(j) for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas);

(k) for Dump to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in Malaysia or overseas including disclosing such Personal Data to Malaysia and overseas law enforcement agencies or courts);

(l) to respond to questions, comments and feedback from you;

(m) in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data, provided that in the event your data is shared with third parties including but not limited to Dump’s affiliate companies, such third party shall be contractually obliged to provide no less protection for that data than Dump.

5.5 In addition to the above, Dump may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):

(a) to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;

(b) to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Dump and/or its affiliate companies, its partners, advertisers and or sponsors;

(c) to notify and invite you to events or activities organized by Dump and/or its affiliate companies, its partners, advertisers, and or sponsors; and/or

(d) to share your Personal Data amongst the companies within Dump’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with Dump’s and Group’s agents, Third Party Providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

5.6 If you do not consent to Dump processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify Dump through the HelpCenter: or if there are any queries about your personal data, please contact Dump by calling 0162280546.

5.7 Dump will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

5.8 Dump is committed to full compliance with the provisions of the Personal Data Protection Act 2010 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address. Such officer may be communicated with in writing at the above messaging service address or by calling 0162280546.

5.9 A copy of the provisions of this Data Privacy & Personal Data Protection Policy in Bahasa Melayu may be accessed at https://www.dumpster.com/my/privacy-policy/.
Data Privacy & Personal Data Protection Policy6.1 During use of the Credit Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Providers, advertisers or sponsors showing their goods and/or services through the Credit Services and/or the Dump Platform.6.2 Save as set out in these Credit Terms or any other agreement pursuant to the Credit Services, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third Party Provider.
6.3 Save as set out in these Credit Terms or any other agreement pursuant to the Credit Services, Dump and/or its affiliate companies and their licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Third Party Provider.

6.4 Dump provides the Credit Services to you pursuant to the Credit Terms. You recognize, however, that certain Third Party Providers may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and save as set out in these Credit Terms or any other agreement pursuant to the Credit Services, Dump is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and such Third Party Providers.
IndemnificationBy agreeing to the Credit Terms upon using the Credit Services, you agree that you shall defend, indemnify and hold Dump, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your use of the Credit Services and/or the Dump Platform in your dealings with Third Party Providers and other third-party merchants, transportation providers, partners, advertisers and/or sponsors, where applicable;

(b) your violation or breach of any of the Credit Terms or any applicable law or regulation, whether or not referenced herein;

(c) your violation of any rights of any third party; and

(d) your misuse of the Credit Services and/or the Dump Platform.
Limitation of Liability8.1 Dump makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Credit Services and/or the Dump Platform.8.2 Dump does not represent or warrant that:
(a) The use of the Credit Services and/or the Dump Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b) The Credit Services will meet your requirements or expectations;

(c) Any stored data will be accurate or reliable;

(d) The quality of any products, services, information, rewards or another material purchased or obtained by you through the Credit Services will meet your requirements or expectations; or

(e) Errors or defects in the Credit Services will be corrected.

8.3 The Credit Services are provided to you strictly on an “as is” basis.

8.4 All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Malaysian law.

8.5 The Credit Services and/or the Dump Platform may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications including the device used by you or other Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. Dump is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

8.6 To the fullest extent permitted by law, Dump shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Credit Services and/or the Dump Platform.
Termination9.1 Subject to Clause 9.5 and 9.6, either Dump or you may terminate this Agreement on one month’s notice in writing and you will be disabled from further use of Credit Services at the end of the one- month notice period.9.2 You hereby agree that this Agreement shall terminate immediately in the event that you are:
(a) declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;

(b) found in default of your debt obligations to a licensed bank by a Malaysian court; or

(c) deceased.

9.3 In the event of any of the above, Dump reserves the right to deal with any such trustee, executive or representative of the Malaysian courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding payments towards the Credit Postpaid Bill(s) or Credit Instalment Bill(s) (whichever applicable).

9.4 You hereby agree that Dump is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.

9.5 As a User, you acknowledge and agree that while Dump may disable your further use of Credit Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a Third Party Provider and/or its assignee.

9.6 As a Third Party Provider, you acknowledge and agree that while Dump may disable your further use of Credit Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a User, your assignee or Dump’s affiliate, DPNM and/or any other affiliate as Dump may approve, acting in its capacity of the assignee’s collection agent.
Complaints about use of the Service10.1 Users are invited to contact Dump in the first instance in the event they wish to make a complaint about the use of the Credit Services either via the following Customer Service line: Tel: 0162280546 or via our Help Centre.10.2 You agree to raise any complaints and disputes about incorrect Credit Services within one month of the transaction for payment of goods and services or within seven days of the payment of the Credit Postpaid Bill(s) or Credit Instalment Bill(s) (whichever applicable).
Notices11.1 Dump may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of Dump, or by written communication sent by registered mail or pre-paid post to your address in the record of Dump. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).11.2 You may give notice to Dump (such notice shall be deemed given when received by Dump) by letter sent by courier or registered mail to Dump using the contact details as provided in the Application.
Assignment12.1 This Agreement as constituted by the Credit Terms as modified from time to time may not be assigned by you without the prior written approval of Dump but may be assigned without your consent by Dump.12.2 Any purported assignment by you in violation of this section shall be void.
General13.1 This Agreement shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Credit Terms or the Credit Services shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.13.2 DPNM and any other affiliate of Dump approved as the collection agent or disbursement agent may enforce and rely on any right, benefit or authorization conferred on it under these Terms and Conditions.
13.3 No joint venture, partnership, employment, or agency relationship exists between you, Dump or any Third Party Provider as a result of these Credit Terms or use of the Credit Services.

13.4 If any provision of the Credit Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

13.5 The failure of Dump to enforce any right or provision in the Credit Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dump in writing.

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