Terms & Conditions
The information contained in this web site, is provided as is to the users of this web site for use in gaining information on City-Link Express. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to this web site and its associated sites (if any).
1. Scope Of Terms And Conditions
These terms and conditions govern your use of the Website and all applications, software and services (collectively referred to as “Services”) available via the Website, except to the extent such Services are the subject of a separate agreement.
4. License And Ownership
- access and use only the Website content in the manner presented by City-Link Express; and
- access and use City-Link Express computer and network services offered within the Website only in the manner expressly permitted by City-Link Express.
Except to the extent required by law or as expressly provided herein, none of the content and/or information may be reverse engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of City-Link Express. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import and distribute. Retransmit or otherwise use the Content in any way, unless expressly permitted to do so by City-Link Express.
5. Restrictions On Use Of The Website
- You shall not disguise the origin of information transmitted through the Website.
- All use of this site is bound by the Disclaimer clause.
- You will not place false or misleading information on the Website.
- You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by City-Link Express.
- You will not input to the Website any information which contains viruses, Trojan horses, worms, malicious software or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the Intellectual Property rights of another.
- Certain areas of the Website are restricted to certain users of this Website.
- You may not use or access the Website in any way that in City-Link Express’s judgment adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website.
- You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or Information without the express written consent of City-Link Express.
You agree that City-Link Express, in its sole discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website and (b) destroy any copies you have made of any portion of the content. Accessing the Website after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that City-Link Express shall not be liable to you or any third party for any termination or suspension of your access to the Website.
7. Disclaimer Of Warranties
City-Link Express makes no representations about the result to be obtained from using the Website. The use of the same is at your own risk.
The Website is provided on an” AS IS” BASIS. City-Link Express to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights and fitness for a particular purpose. City-Link Express makes no representations or warranties about the accuracy, completeness, security or timeliness of the content or information provide on or through the use of the Website.
8. Limitation Of Liabilities
Use of City-Link Express Website and its contents is at your own risk. City-Link Express will in no event be liable to you or any person or entity claiming through you for any direct, indirect consequential, incidental or other damages under any theory of law for any errors in or the use of or the inability to use City-Link Express Website and its content including without limitation, damages for lost profits, business, data or damage to any computer systems, even if you have advised City-Link Express of the possibility of such damage.
You agree to defend, indemnify and hold harmless City-Link Express and their respective officers and directors from any and all claims (i) arising out of your breach of any of these terms and conditions and (ii) any of your activities conducted in connection with this Website.
10. Information Accuracy
These web pages may contain inadvertent inaccuracies or typographical errors. These will be corrected at City-Link Express’ discretion, as they are found. The information on these web pages is updated regularly, but inaccuracies may remain or occur where changes occur between updates. City-Link Express excludes any obligation or responsibility for this content.
11. Disclosure of Information
All information provided to City-Link Express by visitors to this Website is considered to be confidential and will not be disclosed by City-Link Express to any third party except as may be required for the provision of the services.
12. Links to Other Websites
(b) Inbound Links. Linking to any page of the Website other than to https://ncorpweb.citylinkexpress.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with City-Link Express. Any website or other device that links to https://ncorpweb.citylinkexpress.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that City-Link Express or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with City-Link Express or any of its affiliates, (e) presenting false information about City-Link Express products or services, and (f) using any logo or mark of City-Link Express or any of its affiliates without express written permission from City-Link Express.
You assume all responsibility for compliance with all laws and regulations of any country from which you may access the Website regarding access, use, export, re-export and import of any content appearing on or available through the Website.
You acknowledge and agree that any rate or time estimate shown by the Rate Calculator or the Transit Time Calculator or other such tool on the Website for estimating a rate or time is an estimate only and may be different from the actual rates or times for domestic or international carriage of any shipments tendered to City-Link Express. This may be due to a number of causes including, without limitation, actual dimensions of your shipments, local charges and any unanticipated delays in shipping.
City-Link Express’ failure to enforce the strict performance of any provision of the Terms and Conditions will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of the Terms and Conditions.
City-Link Express reserves the right to change the Terms and Conditions at any time and without providing you with notice of such changes. You agree that your continued use of the Website constitutes your acceptance of the modified Terms and Conditions, and you agree that all previous versions of the Terms and Conditions are superseded by the modified version. You should check these Terms and Conditions each time you access the Website to check for updates.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.
18. Prohibited Materials
You are solely responsible for any and all Content posted by you on any City-Link Express Website. You also are solely responsible for, and assume any and all risks associated with, reviewing and/or using any Content posted on the Website.
Postings which violate this Agreement may be deleted upon discovery and City-Link Express reserves the right to terminate or restrict access to this site of the responsible User(s). However, under no circumstances will City-Link Express be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney’s fees) arising from or in connection with your use of any Content posted by any Users.
You agree not to collect or store personal data about other users or members, or to submit any message board posting and/or e-mail that contains or provides links to:
- Any material that is unlawful, threatening, abusive, harassing, tortuous, defamatory, invasive of Privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libelous, indecent, racially, ethnically, or otherwise objectionable (including, but not limited to, posting the private information of other parties);
- Any material that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- Any false “header” (the legend attached to e-mail messages to show the message’s point of origin, route, and destination), falsely configured e-mail or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded, posted, e-mailed or otherwise transmitted through Website. Headers of e-mail messages may not be removed or altered to conceal e-mail addresses;
- Any content that you do not have a right to transmit under any law or any contractual or fiduciary relationship (such as inside information, trade secrets, and other proprietary information and/or confidential information);
- Any material that violates or infringes in any way upon the rights of others, including, without limitation, any patent, trade secret, right of privacy, right of publicity, copyright or trademark rights, “MP3” files of copyrighted music, copyrighted photographs, text, video, or artwork;
- Any material containing any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using Website address or containing any references “spam”, “junk mail,” “chain letters,” “pyramid schemes,” or any use of distribution lists to any person or entity who has not given specific permission to be included on such a list.
- Any material that contains software viruses or any other computer code, programs, files, corrupted data, or any other harmful or damaging component designed to interrupt, impair, destroy, or limit the functionality or operability of any computer system, software, hardware, or telecommunications equipment;
- Any material that constitutes “stalking” or any other form of harassment of any member or any other person;
- Any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
- Content that promotes, encourages, or provides instructional information about any illegal activities or any material, which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, “hacking” OR “cracking” );
- Any hate propaganda or hate mongering or fraudulent material or activity;
- Any content that advertises or promotes any product or service;
- Any content that solicits funds, advertisers or sponsors;
- Any content that disrupts the normal functioning of the Website; or
- Any content or activity that City-Link Express, in its sole discretion, deems inappropriate for its Website.
© 2020 City-Link Express. All rights reserved. All content included on this Website, such as text, graphics, logos, button icons, images, and software, is the property of City-Link Express or its content suppliers and protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of City-Link Express and is protected by international copyright laws. All software used on this Website is the property of City-Link Express and protected by international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited.
Effective from 01 September 2010
- All and any business undertaken by CITY- LINK EXPRESS (M) SDN BHD [hereinafter referred to as the Company] is transacted to the conditions hereinafter set out and shall be deemed to be a condition of any agreement between the Company and its Customer or any person acting on behalf of the Customer [ hereinafter referred to as the Shipper]
- The Company shall not be bound by any agreement purporting to vary these conditions unless such agreement shall be in writing and signed on behalf of the Company by an authorized Officer of the Company. All conditions, warranties, descriptions, representations and agreements not set out in these conditions and whether they be expressed or implied by law, custom or other are hereby expressly excluded. No officer, servant, agent or representative is authorized to make any representations, statements, warranties, conditions, and or agreement not expressly set forth in these conditions and the Company is not in any way bound by any of them or to be taken as to form part of the contract with the Company or collateral to the main contract.
- The Company will NOT ACCEPT the following items for courier: CASH (in any currency, CASH CHEQUES, REDEEMABLE CASH VOUCHERS, NEGOTIABLE INSTRUMENT (share certificates, bonds, etc.) , JEWELLERY/PRECIOUS METALS AND STONES, PERSONAL DOCUMENTS (identity cards, passports, certificates, etc) , WORKS OF ART, FIREARMS/EXPLOSIVES, ALL COMBUSTIBLE/INFLAMMABLE PRODUCTS (e.g. paint, turpentine, spirit, etc) , LIQUOR, TABACCO, PERISHABLE FOODSTUFF, ANY OTHER DANGEROUS OR HAZARDOUS ITEMS, HANDPHONES and any goods or materials that are prohibited by law, rule or regulation of any country.
- The Company is not a common carrier. The Company reserves the right to refuse the carriage or transportation of any class of goods at its discretion.
- Whenever the Company undertakes or arranges transport storage or any other services it shall be authorized to entrust the goods or arrangements to third parties on the latter’s contractual conditions. The Shipper shall be bound by such conditions and shall indemnify the Company against any claims arising out of their acceptance.
- When and to the extent that the Company has contracted as principal for the performance of any services, it undertakes to perform and/or in its own name to procure the performance of those services, and subject to always to the totality of these Conditions accepts liability for loss or damage to goods taken into its charge and the time when the Company is entitled to call upon the Shipper to take delivery of the Goods.
- The Company shall be deemed to have taken the Shipment [which term shall include all documents or parcels that travel under one waybill or consignment note and which may be carried by air, road or any other carrier] into its charge when they have been received by the Company or have been released or handed over by the Shipper to any person acting on behalf of the Company in accordance with any directions of the Company for the performance of the Shippers instructions.
- The Shipper entering into transactions of any kind with the Company expressly warrant that neither the transaction nor the carriage of the Shipment is in breach of any statute regulation or other law relating to postal or courier services and that they are either the owners of or the authorized agents of the owners of any goods or property being the subject matter of the transaction and by entering into the
transaction they accept these conditions for themselves as well as for all other parties on whose behalf they are acting. Shipper undertakes to indemnify the Company against any damages, costs and expenses resulting from any breach of these warranties.
- The Shipper and consignees of any Shipment and/or their agents, if any shall be deemed to be bound by and to warrant the accuracy of all descriptions, values and other particulars furnished to the Company for customs consular and other purposes and they undertake to indemnify the Company against all losses, damages, expenses and fines arising from any inaccuracy or omission even in such inaccuracy or omission is not due to any negligence.
- The Company shall not be liable under any circumstances for any loss, damage or expense arising from in any connection with marks, weights, numbers, brands, contents, quality or description of any Shipment.
- For delayed Shipments, the Company’s liability shall only be limited up to the sum of the courier charges paid by the Shipper provided that such delay was due to the negligence of the Company, its servants or agents.
- The Shipper and consignees and/or their agents, if any shall be liable for any duty, tax, impost or outlays of whatsoever nature levied by the authorities of any port or place for or in connection with the goods and for any payments, fines, expenses, loss or damage incurred or sustained by the Company in connection herewith.
- (a) The Actual Value of a document (which term shall include any item of no commercial value which is transported hereunder) shall be ascertained by reference to its cost of preparation or replacement, reconstruction or reconstitution value at the time and place of shipment whichever is less.
(b) The Actual Value of a parcel (which term shall include any item of commercial value which is transported hereunder) shall be ascertained by reference to its cost of repair or replacement, resale or fair market value at the time and place of shipment, whichever is less. In no event shall such value exceed the original cost of the article actually paid by the Shipper plus 10%.
- Any claims brought against the Company with respect to damaged or delayed consignments shall be made in writing within 48 hours. For lost consignments, notification shall be made within 21 days from the date the documents or goods were due to arrive at their destination, failing which the Company shall not be held responsible for any loss or damage arising howsoever.
- Shipments which cannot be delivered either because they are insufficiently or incorrectly addressed or because they are not collected or accepted by the consignee may be sold or returned at the Company’s option at any time after the expiration of 21 days from the date a notice in writing is sent to the address which the sender gave to the Company on delivery of goods. All charges and expenses arising in connection with the sale or return of the goods shall be paid by the Shipper. Communication from any agent or correspondence of the Company to the effect that the goods cannot be delivered for any reason shall be conclusive evidence of that fact.
- The packaging of documents and goods is the Shippers responsibility. The Company will not be responsible for any loss or damage due to inadequate or inappropriate packaging.
- The Company will not accept or deal with any noxious, dangerous, hazardous or inflammable or explosive goods or any goods likely to cause damage. Any person delivering such good to the Company or causing the Company to handle or deal with any such goods shall be liable for all loss or damage caused thereby and shall indemnify the Company against all penalties, claims, damages, costs and expenses arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or any other person in whose custody they may be at the relevant time. The expression “goods” likely to cause “damage” include goods likely to harbour or encourage vermin or other pests.
- (a) The Company shall not be liable for or in respect of any loss or damage suffered by the Shipper howsoever caused or arising and without limiting the generality of the foregoing, whether caused or arising by reason or on account of loss or damage to goods, missed delivery or non-delivery, delay in delivery, concealed damage, deterioration, contamination, evaporation, cancellations or delays in scheduled air flights, in customs procedures or any re-mailing or any other means of on-forwarding in or to overseas countries, war, invasion, acts of foreign enemies, hostility (whether war be declared or not), civil war, rebellion, insurrection, military or usurped power, confiscation or under the order of any Government or public or local authority and whether or not the same shall be due or alleged to be due to the negligence or any deliberate misconduct or any wrongful act on the part of the Company, its servants or agents or any other person.
(b) The Company shall not under any circumstances be liable for loss or damage resulting from or attributed to any quotations, statement, representation, or information, whether oral or in writing howsoever, whosesoever or to whomsoever made or given by or on behalf of the Company or by any servant, employee or agent of the Company as to the classification of or liability for amount scale or rate of customs duty, excise duty or other impost or tax applicable to any goods or property are such that the Company shall commit any breach of any Act Of Parliament regulation or Ordinance or other law made in respect of the same.
- The liability of the Company for any loss or damage to the Shipment howsoever arising and notwithstanding that the cause of the loss be unexplained shall be limited to the lesser of:
(1) RM200.00 or
(2) The amount of loss or damage to a document or parcel actually sustained; or
(3) The Actual Value of the document or parcel as determined under Clause 11 (a) and (b) hereof, without regard to its commercial utility or special value to the Shipper.
- The Company shall not be liable, in any event, for any consequential or special damages or other indirect loss, howsoever arising, whether or not the Company had knowledge that such damage might be incurred, including, but not limited to, loss of income profits, interest, utility or loss of market.
- The defences and limits of liability provided by these Conditions shall apply in any action against the Company whether such action be founded in contract or tort or in any other form.
- The contract between the Company and the Shipper shall be governed by local law and the parties submit to the exclusive jurisdiction of the local courts competent to deal with disputes arising out of this contract.
- All goods and documents relating to the goods shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or any particular or general balance or other monies due from the sender owner or consignee and their agents to the Company, if any money due to the Company is not paid within the terms set out and agreed or within 14 days after the notice has been given to the person from whom the money is due that such goods are being detained and same may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such a person for fees applied or towards satisfaction of such indebtedness. The sender owner or consignee and their agents hereby waives any cross-claim payment due.
- The Company’s charges are calculated according to the higher of actual or volumetric weight and the shipment may be re-weighed and re-measured by the company to confirm this calculation. For the purposes of ascertaining the volumetric weight of any parcel, the following formula applies: –
Length x Width x Height (cm) / 5000 = Volumetric weight (Kgs)
- The Company’s shipment charges do not include insurance cover for Shipments in transit and the Shippers will arrange insurance for their Shipment for the intended transit. The insurance policy shall include a waiver of subrogation clause for the benefit of the Company.
- City-Link shall not provide any Proof of Delivery after 6 months from the date of shipment.