User Terms and Conditions
These User Terms and Conditions (hereinafter referred as the “Terms and Conditions” or “User Terms and Conditions”) govern the use of the Services, Websites and Mobile applications (collectively the “Platforms”) offered by Flash Malaysia Express Sdn. Bhd. ("Flash Express Malaysia") (hereinafter referred as “Flash Express”, “We”, “Our”, or “Us”). By creating or registering an account with Flash Express, or by using or visiting our Platforms, the User and the Sender (Collectively referred as “You”, “Your”) shall be bound by these terms and conditions and you indicate your continued acceptance of these terms.
We, thus, urge you to read these terms and conditions and other policies referred herein carefully. We reserve the right to, including but not limited to amend, change, modify the contents of the terms and conditions at our sole and absolute discretion from time to time without prior notice. In the event of any amendment to this terms and conditions, the same shall be effective once they are posted on our Platforms. 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. Please review our terms and conditions regularly.
Definitions of Terms
Unless the context otherwise requires, the following terms shall have the meanings ascribed to them under this terms and conditions:
“Application” refers to the mobile application developed by Flash Express.
“Cookie Policy” refers to Flash Express’ general policy on the use of cookies in its Website, what user data Flash Express’ tracks, for what purpose, and where those data are sent and/or shared.
“Consignment Notes” refers to all documents provided by Flash Express and hand to a receiver as an evidence of received of the parcels from a Sender.
“Flash” and “Flash Express” refers to Flash Malaysia Express Sdn. Bhd., the shipment service provider that included its employees, recipient agents, and sub-contractors.
“Goods” refers to item which packed into packaging for processing shipment through Flash Express
“Packaging” refers to packaging consist of cartons, bags, sacks, wooden crates, pallets or buckets, tape, rope, plastic wrap, cushioning material. Except for straps, we are not counted as packaging.
“Processing” refers to any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Prohibited Goods” refers to the Goods that fall under the list of Prohibited Goods as stated below and/or Goods that Flash Express does not accept for delivery or carriage.
“Restricted Goods” refers to the Goods which fall under the list of Restricted Goods which allows for delivery or carriage if the packaging meets the Package specification but no compensation shall be made in the event such Restricted Goods has lost or damaged during transportation.
“Recipient” refers to the receiver of the Goods to be delivered by Flash Express.
“Sender” refers to customers who are availing of, contracting, and/or otherwise receiving Flash Express’ Services.
“Services” refers to the delivery/courier services offered including but not limited to B2B, B2C ans C2C or to other services as may hereafter be offered, by Flash Express or its business partners, including the related use of Flash Express’ Application and/or Website.
“Third Party Providers” refers to the accredited partners of Flash Express.
“Users” refers to the customers of Flash Express (including the Sender and Recipient), and/or those using Flash Express’ Application and/or Website.
“Website” refers to Flash Express’ official web page which may be accessed at https://www.flashexpress.my/ which shall include all the materials in the website, included but is not limited to text, graphics, logos, icons, software, information, data, features, sound recordings, derivative works and contents thereof.
“You” and “Your” refer to you, the person who is assessing to this Website, and/or the person who is using Flash Express’s Services.
“Package Specification” refers to the requirement for packaging as stated in this terms and conditions that needs to be adhered by the Sender.
“Unforeseen Circumstances” refer to any circumstances that is beyond the control of Flash Express or as stated in Clause 9 below.
Website and Application
The following terms and conditions govern the use of Flash Express’ Website and Application (collectively known as "Website"). Your access to the use of Website must be lawful and in compliance with the following terms and conditions, and any other agreement between you and Flash Express. By browsing, assessing or viewing the Website, you agree to be bound by these terms and conditions. If you do not agree to the terms and conditions, you should refrain from using the Website.
These terms and conditions govern your use of the Website, Software and Services (collectively referred to as “Services”) available via our Website, except to the extent such Services are the subject of a separate agreement.
(1) Disclaimer
The information contained in Website is provided as is to the Users for use in gaining information on Flash Express. We shall not be liable for any loss or damage, which you may directly or indirectly suffer arising out of your use on or reliance on information contained on or accessed through this Website. We try to provide quality information, but we make no claims, representations, 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).
You are advised to exercise your own precautions to ensure that you will not expose yourself to the risk of virus, malicious computer code or any form of interface which may damage your computer system while assessing or browsing to this Website. Flash Express and its affiliates shall not be liable for any interference or damage to your own computer system which arises with your use of this Website.
(2) Copyright
Copyright and other intellectual property associated with the Website and its contents are the sole property of Flash Express. The content is protected by copyright and other laws in Malaysia and other countries. 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, retransmitted in any form or by any means, resold or redistributed without the prior written consent of Flash Express. You shall 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 Flash Express.
(3) Modification
Flash Express may revise and update these User Terms and Conditions at any time. Your continued usage of the Website after any changes of these terms of use will mean that you accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without prior notice at the sole discretion of Flash Express.
(4) Restrictions on Use of The Website
You shall not disguise the origin of information transmitted through the Website. You shall not place false or misleading information on the Website.
You shall not access data that is not intended for you, or logging on to a server or account, which you are not authorized to access.
You shall not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Flash Express.
You shall 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.
You shall not frame or utilize framing techniques to enclose any portion or aspect of the content or Information without the express written consent of Flash Express.
(5) Termination
You agree that Flash Express, in its sole and absolute discretion, may terminate or suspend your use of the Website at any time and for any or no reason in its sole and absolute discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue the use of the Website and 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 Flash Express shall not be liable to you or any third party for any termination or suspension of your access to the Website.
(6) Prohibited Materials on Use of The Website
If you operate an account, contribute to its content, post material, share any links to the Website, or in any waymake material accessible through the Website, you are solely responsible for the content and any resulting harm or damages caused bythat content.
Postings which violate this User Terms and Conditions may be deleted upon discovery and Flash Express reserves the right to terminate or restrict access to this site of the responsible User(s). Flash Express will not 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 which shall include, without limitation to:-
· Any material that is unlawful, threatening, abusive, harassing, tortuous, defamatory, invasive of privacy or publicity rights, hateful, vulgar, obscene, profane, harmful, libellous, 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 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 constitutes “stalking” or any other form of harassment of any member or any other person;
· 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 Flash Express, in its sole discretion, deems inappropriate for its Website.
(7) Use of Website
By using our Website;
· You acknowledged that you have reached the age of majority and have capacity to enter into a legally binding contract in the territory in where you reside and that you will only use this Website to make legitimate purchases;
· You warrant that all information that you provided when signing up account via our Website is accurate, genuine and complete;
· You will be taking full responsible if you allow or grant permission to the other users for the access or use your account to perform any transaction or use our services via our Website;
· To register your account, it is your responsibility on the safe keeping of account. Any wrong doing by the account owner (even by other parties) is the full responsible of the account creator;
· It is your responsibility to ensure that any products, services or information available through the Website meet your specific requirements;
· You will be fully responsible for all matters arising from your use of this Website;
· You will not use this Website in any manner which breaches any applicable laws and regulations;
· You acknowledge that the Products and Services available on the Website may be provided by third parties and you accept that these third parties will have their own applicable terms and conditions in relation to the supply of Products and Services, in which you are further subjected to and shall abide by those additional terms and conditions.
(8) Cookies Policy
Flash Express may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, advertising identifiers and similar technologies (“Cookies”) in connection with your use of the Websites. By accessing to this Website, you agreed to use Cookies in agreement with Flash Express.
Services and Deliveries
When availing of Flash Express’ Services, the Sender and/or the User agreed on behalf of the Recipient and anyone else with an interest in the shipment, to be bound by the following terms and conditions stated herein, including our Privacy Policy and other additional policies or terms and conditions as from time to time published in our Website.
(1) Shipment Standards
【Shipping Requirement】
Any and all Goods to be transported by Flash Express must meet Flash Express’ Shipment Standards as follows:
· Dimension of the Parcel: (Width, Length, Height). Each side of the Parcel must not exceed 200 centimeters and the sum of three (3) sides must not exceed 300 centimeters.
· Maximum Weight: 50 kilograms
· Each parcel will have only one tracking number
· The shipping fee will be calculated based on the parcel’s actual weight or the volumetric weight (Length* Width * Height of each package) /6000, whichever is higher. For more information on the shipping fees, please visit the link here:
a) https://www.flashexpress.my/check-price/ ; and
b) https://www.flashexpress.my/pact/rate-card/
· Flash Express reserves the right to re-weight and re-measured the parcel to confirm the calculation. In the event of a weight discrepancy between the booking weight entered by the Sender and the weight which is calculated by Flash Express, the Sender agrees to follow the final actual weight or the volumetric weight as calculated by Flash Express for the calculation of shipping fees.
【Package Specification】
The Sender shall be responsible for the proper packaging of goods in line with the safety requirements to ensure the transportation process of the Parcel in order to protect the Goods while in transit. In particular, the Sender must comply with Flash Express’ packaging requirements as follow:
· Items that have not been packaged cannot be shipped. Unless the goods is of the nature of packing materials, such as cartons, wood, fibre bags.
· Irregular-shaped items are not acceptable for mailing. Machinery must be packaged into a larger box before shipping.
· Fragile items, such as porcelain and glass products, must be wrapped with bubble cushioning separately and must be padded with shock-proof materials on each side and eight corners of the package. The outer packaging must be protected by cushioned Materials.
· Use high-quality packaging materials, lightweight, durable and shock resistant. Cushioning material (Such as sponge, bubble film, foam material, straw rope, etc.) cannot be used as the outer packaging of goods only.
· Use shock-proof materials to avoid the movement of items in the package. If there are multiple items in one box, there should be gaps between each item to prevent the product from colliding with each other.
· Ensure sharp/pointy edges are properly wrapped, no exposure of sharp or pointy edges to avoid hurting our staffs or damaging other parcels. Sender is fully responsible of any medical or damage if such parcel causes injuries or damages.
· For wooden box packaging goods, the width of each wooden strip must be more than 5 cm and the thickness is greater than 1.5cm, or its thickness and width are both greater than 3cm. All edges must be connected and the distance between adjacent wooden strips cannot be greater than 30cm.
· Heavy items need to be in their original factory packaging. If the original packaging is not used, it needs to be packed in a pallet with a height of at least 8 cm, or packed in a wooden frame/wooden box with a height of at least 8 cm.
· For pallet packaging, the package must not extend beyond the edge of the pallet itself, otherwise there is a risk of damage during handling.
· When reusing used packaging, all labels, numbers, address information on the outside of the packaging that may affect the delivery process must be removed. One label per parcel. Small parcels cannot be bundled into one piece with packing tape, tape, or film.
· The use of any packaging materials which is provided by Flash Express shall not be deemed as a guarantee that the goods is sufficiently packaged for transportation or exclude the Sender’s obligation in adhering to the Packaging Guidelines. Flash Express shall not be liable for the lost or damaged parcel which is caused by the packaging problems.
【Information Required for Shipment of Parcels】
It shall be the Sender’s responsibility to ensure that all parcels shall contain the following information prior to the delivery and/or shipment by Flash Express:-
a) the Sender’s information;
b) the Recipient’s information;
c) the Goods’ information;
d) the value of the Goods; and
e) Other relevant information regarding to the Goods that ought to be disclosed and/or made known to Flash Express prior to shipment.
In the event that the parcel does not fulfill the information required above, Flash Express reserves the rights to reject the delivery of such parcel and Flash Express shall at its sole discretion and shall not be liable towards any delay and/or compensation claims arising from such failure of the Sender’s responsibility to do so.
【Prohibited Goods】
Prohibited Goods refer to the types of items that Flash Express does not carry or sent by any of our services. It shall be the duty of the Sender to read these Terms and Conditions published in Flash Express’s Website before shipping any parcel and to ensure that the item being sent does not fall under the list of Prohibited Goods herein.
In the event that Flash Express has found out that the parcel falls under the list of Prohibited Goods, Flash Express shall have the right to dispose any Prohibited Goods without prior notice, or transfer them to the relevant departments for processing, whichever is applicable. In this regard, Flash Express shall not be liable for any claims for compensation arising from the delay of delivery, damage, seizure, confiscation, disposal and/or loss of the Prohibited Goods and no refund of the delivery/postage charges shall be made. Further, Flash Express reserves the rights to refuse the delivery of such Prohibited Goods or return the parcel to the Sender and shall charge Sender any additional and/or reasonable costs, surcharges and/or expenses Flash Express incurred in doing so. The Sender shall indemnify and keep Flash Express indemnified in respect of its employees, representatives, delivery partners rendering delivery services to Flash Express from and against any claims, legal actions, demands, losses, liabilities, costs (including any legal costs or solicitors’ costs which will be incurred), expenses, compounds, summons and/or fines imposed on Flash Express arising from the Sender’s action in sending any Prohibited Goods.
The list of the Prohibited Goods shall include but are not limited to the following:
• Various weapons and ammunition. Such as guns, bullets, shells, controlled knives and so on.
• Various publications, publicity materials, printed materials, etc. that endanger national security and social and political stability and obscenity.
• Various pirated and counterfeit goods including but not limited to CD, VCD and DVD.
• Various Packaging materials that jepardize health, safety and environment standards or may cause harm to other goods.
• Various explosives and hazardous goods: combustible materials, gunpowder, firecrackers, flammable gas, alcohol, solid-gas, lacquer oil, lighters, gas cylinders, phosphorus, sulphur, match, aerosol pressure containers, battery, heating fuels, turpentine, dyes, perfumes paints adhesives, matches, fire lighters naphthalene, potassium, calcium carbide, sodium metal, swimming pool chemicals, fiberglass, repair kits etc.
• Various biochemical substances such as sulfuric acid, hydrochloric acid, nitric acid, organic solvents, pesticides, hydrogen peroxide, dangerous chemicals etc.
• Various radioactive substances and their containers: such as uranium, cobalt, radium, plutonium, Xenon gas, Radioactive medicines, etc.
• Various highly toxic chemicals: thallium, cyanide, arsenic, insecticides, weedkiller, sodium metal etc.
• Various types of narcotic drugs. Such as: opium (including poppy shells, flowers, bracts, leaves), morphine, cocaine, heroin, cannabis, methamphetamine, ephedrine and other products, etc.
• Various types of chemical products and infectious substances such as anthrax, dangerous bacteria, medical waste, organic peroxides, etc.
• Various live animals including but not limited to mammals, reptiles, fish, invertebrates, amphibians, birds, insects, larvae and pupae, Hunting (animal) trophies, animal parts such as ivory and sharks fin, animal remains or ashes, animal by-products.
• Various organisms, living plants, human body such as tissue, human organs, human ashes, etc.
• Various protected species including but not limited to turtle, elephant, sharks, etc.
• Various items prohibited by national laws, regulations, and political stipulations concerning circulation, delivery, import and export: Such as state secret documents and materials, foreign personal belongings, etc..
• Various unregistered medical devices, Unregistered Pharmaceutical Products, medical samples, animal and plant specimens: diagnostic samples, blood samples, urine samples, human tissues, secretions, etc.
• Various toys, realistic replica firearms and related accessories that lack of certification from Malaysian Conformity Mark.
• Various items associated with pornographic or obscene publications, etc.
• Various items linked to cultural materials and publications that incite hatred, etc..
• Various gold related items and products such as bullion, currency in various denominations, tax stamps or stickers, loose precious and semi-precious stones (cut or uncut, polished or unpolished), other precious metals or stones, etc.
• Various non-approved and non-certified telecommunications devices and equipment.
· Various financial related documents such as banknotes, bank cheque, credit cards, debit cards, pledged tickets, lottery, lottery (deposit) etc.
· Various important documents (“Important Documents”) such as identification card(s), MyKad(s), passport(s), birth certificate(s), visa(s), work permit(s), marriage certificate(s), academic certificate(s), share certificate(s), or any form of certificate(s), sim card(s), voucher(s) with monetary value(s) such as cash voucher(s) or gift voucher(s), any agreements, land title(s), vehicle ownership certificate, any legal document(s) and/or official documents will be sent by the Sender at the Sender’s sole risks.
· Various vegetables and fruits with intense odors, including but not limited to durians, jackfruit, etc. (For Air Freight only)
· Various items with immeasurable value such as offerings, Buddha statues, artworks, paintings, antiques, gold (including gold jewelry), mascots, amulets, sterling silver, etc.
· Various publications and publicity materials that endanger national security and political, etc.
· Various types of cigarettes and E-cigarette (for Air Freight only).
· Various alcohol related products: disinfectants, industrial alcohol, sanitizers, etc. (For Air Freight only).
· Various aerosol pressure containers: Disinfectants spray, spray paints, hair sprays, etc. (For Air Freight only).
· Various food items such as processed bird nests, unprocessed bird nests, frozen seafoods, meat, etc. (For Air Freight only).
· Any goods that fall under the definition of Prohibited Goods in accordance with the relevant laws and regulations of the country of origin and destination country.
· Any hazardous material, dangerous goods or items, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (Internal Civil Aviation Organization) that may endanger the safety of an aircraft or persons on board the aircraft or is prohibited by any other local or foreign regulation or laws
For the avoidance of doubt, the above list shall not be deemed as an exhaustive list and Flash Express reserves the right to amend or change the classes of goods or items which falls under Prohibited Goods at any time without prior notice, and it shall be the Sender’s duties to observe those changes from time to time and inform the Recipient’s accordingly.
Flash Express shall not in any circumstances be held liable in whatsoever manner for the lost and/or damaged of any Important Documents and the Sender acknowledges that posting of the Important Documents shall be done at the sole risks of the Sender and for this purpose, the Sender shall hold Flash Express harmless of, from and against all losses, damages, liabilities, claims in connection with the lost or damaged to the Important Document posted. Notwithstanding thereto, the Sender further acknowledges that Flash Express shall not be liable to the Sender for any special, incidental, consequential or exemplary damages or whatsoever nature for any lost of damaged to the Important Documents posted.
【Restricted Goods】
Restricted Goods refer to items that are easily damaged, fragile, perishable, and susceptible to contamination, which can be transported if the packaging meets the Package Specification and appropriate packaging to ensure the safety, hygiene and good condition of the items. If any items fall under the category of the Restricted Goods are lost, damaged, perished, expired or rotten in any kind of circumstances, Flash Express shall not be liable for such compensation claim.
The list of the Restricted Goods shall include but not limited to:-
(i) Goods/Items made of fragile materials such as glass, mirrors, stone, ceramics or porcelain such as glassware, tableware, glass bottles, plates, lamps, mirrors, specially designed plastic models, etc.
(ii) Fragile goods/items such as Televisions, wardrobes, cupboards, monitor, chandeliers, mobile phones, computer, notebooks, wall clocks etc.
(iii) High-value musical instruments such as guitars, drums electronic instruments, etc.
(iv) Any food products such as snacks, dried foods, cooked foods, prepared foodmust be packed in appropriate and suitable packaging. This applies to (i) food without a specified expiry date; (ii) Foods that will expire within five days.
(v) Liquid items such as beverages or other liquid-based products, etc.
(vi) Second-hand items and/or used goods/items.
(vii) Plants and plant specimens: flowers, saplings, similar items, etc.
(viii) Ticket-related items, such as receipts, coupons, event tickets, etc.
(ix) Fresh or perishable food products.
(x) Perishable commodities or commodities requiring protection from heat or cold.
(xi) Pork products: Such dried meat, canned luncheon meat or other pork-based products, etc.
(xii) Sharp Objects: Such as kitchen utensils, stationery within pointed tips or sharp edges, nails,etc.
(xiii) Any goods fall under the definition of Restricted Goods as required under the relevant laws and regulations of the country of origin and the destination country.
For the avoidance of doubt, the above list shall not be deemed as an exhaustive list and Flash Express reserves the right to amend or change the classes of goods or items which falls under Restricted Goods at any time without prior notice, and it shall be the Sender’s duties to observe those changes from time to time and inform the Recipient’s accordingly.
(2) Rights of Refusals or Suspension
In addition to the above clauses, Flash Express reserves the right to refuse delivery and/or suspend delivery of but not limited to the following items：
• Parcel that does not provide the contact details of the sender and recipient and/or the information required under this terms and conditions.
• Parcel that is not suitable for delivery or uses inappropriate packaging or does not fulfill the Package Specifications.
• The product or special packaging that Flash Express has determined may be dangerous to transportation or not safe for our staff.
• The parcel which Flash Express has considered from the value or the operation that cannot be delivered or exceed the limitation of the liability of Flash Express and is not insured by the Sender.
· Any parcel that Flash Express deems to be under the list of the Prohibited Goods.
· Any parcel that Flash Express deems to be in breach and/or does not fulfill the requirements set out under the Sender or Recipient’ Responsibility.
· if Flash Express is unable to effect delivery after two (2) attempts of delivery have been initiated;
· if the Receiver refuses to accept delivery;
· if Flash Express is unable to collect the shipping fee or any other fee due from the Receiver on delivery;
· The delivery service is used for any unlawful purposes (including bribery)
To the extent permitted under the law, Flash Express reserves the right to refuse to provide the Services or to refuse to accept any item of any particular class, character or nature whatsoever at its sole discretion without any notice and/or without any obligation to justify such refusal.
For avoidance of doubt, in the event of suspension of delivery, the Sender shall bear the following costs and charges incurred:-
(i) payment of all charges, calculated in accordance with the current rates imposed by Flash Malaysia, as a result of such suspension of transportation, including, but not limited to, forwarding, disposal, or return of transportation charges as well as any duty or tax, if applicable;
(ii) the reasonable costs and expenses of Flash Express (including storage), for such losses, taxes and customs duties as Flash Express may suffer and for all claims made against Flash Express because the parcel does not meet any of the restrictions or conditions listed herein or because of any refusal or suspension of carriage or return of the parcel by Flash Express pursuant to these terms.
Notwithstanding the above, in the event Flash Express suspends the Services as set forth in these terms, the Sender shall not be entitled to any refund on the shipping fee.
(3) Sender's Responsibility
To ensure Flash Express is able to deliver the parcels assigned safely and efficiently, it shall be the Sender’s responsibility to observe, adhere and comply with the following requirements:
• Sender shall ensure that all the information required for the shipment of the parcel including but not limited to the value, name, and nature of the Goods which shall be declared to Flash Express prior to such shipment is provided and it is accurate, correct, true and up-to-date. Sender has to write, print and/or state clearly the name, address, telephone number of both the Sender and the Recipient. In the event of any delay and/or loss of the parcel due to inaccuracy, mistakes and/or the discrepancies of the information provided by the Sender, Flash Express shall not be liable towards any delay of delivery, loss of parcel, damages, compensation, claims, compounds, fines and/or penalties or whatsoever arising thereof and the Sender shall be personally liable towards such claims. In furtherance thereto, Flash Express shall reserve the right to claim for any damages incurred as a result of this against the Sender and the Sender shall indemnify Flash Express against all such loss and damages suffered by Flash Express.
• Sender shall pack the Goods to be delivered according to the nature of the Goods (especially fragile, perishable, easily contaminated, etc.) and shall ensure that it is packed in appropriate packaging to ensure safety, hygiene and in its good conditions during delivery. Flash Express shall not be liable towards any damages caused during the delivery due to the failure of the Sender in packaging the Goods in accordance with the nature of the Goods and/or adhere to the Package Specification.
• Sender must comply with the laws and regulations in relation of the Prohibited Goods and provide full cooperation to Flash Express to handle and/or inspect such goods. If there is any finding of such prohibited or restricted goods pursuant to the relevant laws and regulations, including but not limited to the prohibited goods for export in the origin and destination country, Flash Express shall have the right to suspend and/or reject such delivery. For every items that must be seized and/or destroyed according to the law and regulations of the destination country, Flash Express has the right to hand it over to the relevant authorities and provide full cooperation with the relevant authorties to take and/or initiate any legal action against the Sender.
• Sender shall pay all postage and/or fees related to the Services prior to the supply of the Services. The postage and/or fee is based on the weight or size as measured. The Sender undertakes to make the payment for any surcharge and/or fees required for the Services in the event that Flash Express determines that the postage and/or fees paid prior to the supply of the Services are insufficient in any kind of circumstances. All postage and/or fees for the Services shall be calculated in accordance with the rate and charges published by Flash Express from to time to time without prior notice and it shall be the Sender’s responsibility to read and observe such changes from time to time.
· It shall be the Sender’s responsibility to notify the Recipient of its liability and/or responsibility and/or anything stated herein.
(4) Recipient’s Responsibility
It shall be the Recipient’s responsibility to observe, adhere and comply to the following requirements:-
· To ensure a smooth operation, upon receiving the parcel from the dispatcher, the Recipient is not allow to open the parcel for inspection or checking at the point of delivery. The Recipient shall accept the parcel as it is and to pay for the Cash on Delivery (COD) fee, if any, to Flash Express. Any discovery of discrepancies, losses or damages in relation to the Goods, upon opened and inspected by the Recipient thereafter, shall be reported and/or addressed through Flash Express for further assistance and/or potential claim within the timeline as stipulated in these User Terms and Conditions.
· If the Recipient returned the parcel to Flash Express, the Recipient shall ensure that the parcel is returned to Flash Express in the same condition as it was upon receipt. For the avoidance of doubt, in the event that upon receipt of the parcel, only the packaging is damage but the items received by the Recipient remain intact and in good condition, Flash Express reserves the right to reject the return of such parcel.
· Flash Express reserves the right to return the parcel to the Sender if the Recipient returns the parcel without stating any reasons and the Recipient shall be responsible towards such costs and/or expenses incurred.
· For any parcel that is returned after the specified time frame for return, it shall not be entertained by Flash Express and Flash Express reserves the rights to reject such return and shall not be liable towards any loss or damage and/or compensation arising from such return and/or rejection.
(5) Collection of Parcel and Delivery of Parcel
(i) Collection of Parcel
In all instances involving collection of parcel(s) from the Sender, it shall be the sole duty and responsibility of the Sender to ensure that the Sender or its representative has to be at the collection address during the collection of parcel(s) i.e. within the reasonable operational hours of Flash Express.
(ii) Delivery of Parcel
Flash Express will make every reasonable effort to deliver the item to the Recipient in accordance with the estimated delivery time provided that the Sender’s and Recipient’s address is complete and accurate. For more information please visit https://www.flashexpress.my/fle/faq.
Parcel is considered successfully delivered once it has reached the Recipient’s address and Flash Express shall not be liable for any claims made for any loss or destruction or damage to the items after it has been successfully delivered.
Flash Express will perform up to a maximum of two (2) attempts of parcel delivery. In the event the parcel cannot be successfully deliver to the Recipient after two (2) delivery attempts, the undelivered parcel will be:
(a) return to the Sender at the sole costs and expense of the Sender; or
(b) Kept at Flash Express’s designated outlet for a maximum of 30 days’ period (where the Sender / Receiver may collect it from the said designated outlet); or
(c) Upon expiry of the 30 days’ period as mentioned in item (b) above, Flash Express shall at its sole and absolute discretion, to release, abandon, destroy, or dispose of the undelivered parcel.
For the avoidance of doubt, the following circumstances will be deemed as a failed delivery attempt when:-
(i) The Recipient requests to reschedule the delivery;
(ii) Flash Express is unable to contact the Recipient;
(iii) The Recipient refuses to accept the parcel;
(iv) Information such as the Recipient’s name, address or contact number is unclear or inaccurate; or
(v) The COD amount is inaccurate.
Universal tracking of shipments across different states are available on our Website upon collection of parcels.
(6) Claim
For any claims involving damaged or lost parcel, the Sender shall submit a claim within seven (7) days from the date of confirmation on the status of damaged/lost parcel under the “Flash Claim Channels”. In the case of returned parcels, a claim should be submitted within three (3) days from the date of the returned parcels have been delivered.
Lost or damaged goods claim filed and/or reported after the stipulated timeframe for claim submission shall not be eligible for any compensation and Flash Express shall not be liable for any delay in responding towards such claim.
For avoidance of doubt, a claim can be submitted via any of the following “Flash Claim Channels”:
1. Apply claim via APP
2. Apply claim via Link: https://user-ui.flashexpress.my/#/login
3. Contact our Customer Service https://www.flashexpress.my/contact-us/
4. Facebook Messenger
Any claims for lost or damaged parcels must be submitted by the Sender, not the Recipient. The Recipient must keep any damaged goods until the claims process is completed. Once the claim has been approved, Flash Express shall request for the return of the parcels by the Recipient in all cases and thereafter Flash Express reserves the rights to pay for the compensation for the parcels. For the avoidance of doubt, both the Sender and Recipient, or any party claiming any rights or interests to the parcels shall relinquish their rights of ownership after claim has been approved. Thereafter Flash Express may release, abandon, destroy, dispose of, sell, or deal with the parcels in any manner as Flash Express deems fit at its sole and absolute discretion.
The Sender shall be required to submit the claim request together with all the necessary supporting documents or any other necessary information or relevant documents to Flash Express. Flash Express reserves the right not to entertain any claim if the supporting documents are incomplete or if the claim has not been submitted by the Sender and/or the authorized person of the Sender within the stipulated time frame.
Lost or damaged parcel’s claim filed and/or reported after the stipulated timeframe for claim submission shall not be eligible for any compensation and Flash Express shall not be liable for any delay in responding towards such claim.
Flash Express reserves the right to revise, modify or change the conditions of claims at any time, from time to time at the absolute discretion as it deems fit without further notice. It shall be the sole responsibility of the Sender to observe the revision, modification or changes on the conditions of the claims and to notify the Recipient accordingly as and when necessary.
(7) Complaint
Any complaints by the Users/ Sender in relation to the Services must be submitted within seven (7) days from the date of confirmation of damaged/lost parcel status in the Flash App or, if it is a returned parcel, shall within three (3) days from the date of the returned parcels delivered. The Sender/User may use any one (1) of the following channel to lodge complaint:
1. Facebook Messenger
2. Live Chat (https://www.flashexpress.my/#/login)
3. Customer Service under the link of https://www.flashexpress.my/contact-us/ or phone number at 0154-6000825
4. Email at customerservice@flashexpress.my
Our Customer Service team is available from Monday to Sunday, 8a.m. to 10p.m.
In any dispute relating to missing parcels, damaged parcels or lost parcels, we will request from the customer of the following particulars as below:
1) the Sender and Recipient’s name;
2) phone number;
3) email address;
4) parcel consignment number (AWB); and
5) any other information as required by Flash Express from time to time
Flash Express undertakes to resolve any and/all complaints immediately. Any extension of time shall be notified to the Sender until the complain is resolved in accordance with our internal procedure.
Upon the successful scanning of your parcel for pick-up, a shipping fee will be applied. The shipping fee covers the cost of handling and transportation to the designated destination of the parcel. Please note that the shipping fee is non-refundable once the parcel has been scanned for pick-up, and it shall not be refundable in whatsoever circumstances, even if the parcel has been lost or damaged during the transit.
Flash Express shall be liable for compensating the Sender for any direct lost or damaged to the parcel during the transit, of which the compensation amount shall be determined based on the following conditions as listed in (a) to (d) below, PROVIDED THAT such liability is limited to all direct losses and damages solely attributable to Flash Express, where Flash Express shall only be liable for whichever amount is the lowest, subject to a maximum amount of RM300 (Ringgit Malaysia Three Hundred) only and FURTHER PROVIDED ALWAYS THAT the lost or damaged parcel does not fall under the circumstances of “Excluded Claims” below as stipulated hereinbelow:-
(a) The negotiation amount between Flash Express and the Sender;
(b) The invoice value of the Goods;
(c) The COD amount of the Goods; or
(d) The declared value of the Goods.
Circumstances of Excluded Claims
Notwithstanding anything to the contrary, Flash Express shall not compensate the Sender under any of the following circumstances: -
· Any lost or damaged parcel containing Prohibited Goods.
· Any lost or damaged parcel containing Restricted Goods.
· Any damaged goods that have been caused by an inspection carried out by government officials. For example, a custom officer inspects the parcel to ascertain if there is an illegal or prohibited product.
· Lost or damaged of any shipment due to any Unforseen Circumstances as stated under Clause 9 below that is beyond Flash Express’ control.
· Lost or damaged caused by the indirect receipt of the parcel provided by the Recipient other than the Recipient as provided by the Sender.
· Damaged for any parcel which is restricted to be transported via air freight.
· Lost or damaged caused by the breach of the Terms and Conditions by the Sender or Recipient.
· Lost or damaged caused by the inaccurate information provided by the Sender.
· When a claim submitted by the Sender has lapsed the deadline stipulated for such claim submission.
Only one claim per shipment is permissible. If Flash Express has already paid the compensation of such parcel, the Sender cannot initiate another claim application for the parcel that has already been compensated, and all the compensation shall be deemed as full and final settlement in respect of such loss and damage suffered by the Sender.
All risks in the parcel shall pass to the Receiver upon delivery and Flash Express shall not be held liable for any loss of the parcel.
If the declared value of the parcel has exceeded the maximum liability of compensation by Flash Express, the Sender shall take the initiative to purchase the insurance from his own insurance agent or broker at his own cost in order to insure his own parcel for all risks of damage or loss which may occur to the parcel. The Sender agrees and understands that the maximum limit of compensation shall be binding and the Sender shall accept the maximum limit of compensation by Flash Express.
(9) Unforeseen Circumstances
For the avoidance of doubt, Unforeseen Circumstances shall refer to any circumstances that is beyond the control of Flash Express, including but not limited to the following:-
a) Act of god;
b) Natural disasters;
c) Terrorism;
d) Consequences of war;
e) Act or omission of custom or relevant authorities, authority of law;
f) Inaccurate information provided by Sender;
g) Diseases, outbreak, epidemic or pandemic;
h) Unavailability of the person accepting the parcel or rejecting the parcel;
i) Riots;
j) Any strikes, holds or labour disputes;
k) Adverse weather conditions;
l) Any fires, stealing of parcel or robbery occurred during the transit or at the relevant warehouses and/or hubs;
m) Online scamming or fraudulent transactions;
n) Application of security regulations imposed by the government authorities or relevant to the shipment;
o) Inspection of parcel carried out by relevant government authorities and/or inpection carried out by Flash Express due to suspection of Prohibited Goods;
p) Omission or mistakes by external parties; or
q) High volume of parcel due to peak seasons
Please note that the above list shall be non-exhaustive and Flash Express shall reserve the rights to amend it from time to time without prior notice, depending on the circumstances.
Under such Unforeseen Circumstances, Flash Express shall not be liable towards any interruption of Services provided, any delay or claims for delay for any direct or indirect costs incurred due to delays, postponement or cancellation of its Services. However, Flash Express shall make reasonable efforts to commence or continue its Services to its customers.
Further, Flash Express shall endeavour to provide sufficient notice to the Sender and/or User via their Website or available platforms. It shall be the obligation of the Sender and/or User to observe such notifications and notify the Recipient as soon as possible.
(10) Parcel Inspected by Government Agency
i. All parcels must comply with all laws and regulations in both Sender and Recipient’s countries, including but not limited to the customs rules.
ii. Flash Express reserves the right to open and investigate a parcel without prior notice if the parcel is considered as dangerous or illegal goods.
iii. In the event that any police officer, government agency or customs officer has instructed to open the parcel for inspection, Flash Express shall be under the obligation to comply with the instructions of the said inspector. For this purpose, Flash Express reserves the right to investigate any unopened and unchecked packages.
iv. In furtherance to Clause iii hereinabove, Flash Express shall reserve the following rights when a police officer, government agency or a custom officer has instructed Flash Express to open the parcel for inspection:-
• Flash Express shall not be responsible for any damage or uncontrollable situation that might impact the parcel during inspection process.
• Generally the inspected parcel will not be covered by any Insurance Policy. However, so long as the inspected parcel does not contained any prohibited and/or illegal items, Flash Express will review and determine it on a case-by-case basis.
• For a parcel which is inspected or seized by a police officer, government agency or customs officer, Flash Express will inform the Sender of the package status on the waybill status or any other available platforms, whichever applicable. The Sender would be required to go to the relevant government agency to retrieve the package.
(11) Surcharges
Flash Express reserves the rights to impose any additional surcharges as may be required by the law and/or in any kind of circumstances including but not limited to the charges below:-
a) any applicable taxes;
b) any additional delivery charges;
c) any charges imposed by relevant government authorities; and
d) any fees that is applicable from time to time
(12) Flash Express’ Right to Inspect Content
Flash Express may, from time to time, at its absolute and sole discretion, but under no obligation, open the parcel or scan and inspect the contents of the parcel for any reason whatsoever including without limitation the verification of the contents of the parcel. If upon opening of such parcel for inspection, Flash Express shall be entitled to the following options:-
(1) impose additional charges or revise the charges for the parcel for any underdeclared value if the description and declaration of the contents of the parcel is verified as being incorrect or misleading; or
(2) refuse or reject in providing service such parcel immediately without giving any reason if the contents discovered belongs to Prohibited Goods.
If it appears at any time that the parcel cannot safely or properly be delivered, or delivered further, either at all or without incurring any additional expense or taking measures in relation to the parcel, Flash Express may without notice to Sender take any measures and/or incur any reasonable additional expense to carry or continue the carriage thereof, and/or to sell or dispose of the parcel and/or to abandon the carriage and/or to store the parcel at any place, whichever Flash Express in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under the Consignment Note. The Sender shall indemnify Flash Express against any reasonable additional costs and expenses so incurred. In exercising the liberties contained in this clause, Flash Express shall not be under any obligation to take any measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.
(13) Service Level
Flash Express is committed to deliver the parcel in accordance to the service quality standards as follows:-
Region | Service Level |
Within East Malaysia | 2-5 days |
East Malaysia to West Malaysia | 5-10 days |
Within West Malaysia | 2-5 days |
West Malaysia to East Malaysia | 5-10 days |
(14) Governing Law and Jurisdiction
The Terms and Conditions contained herein shall be governed by the laws of Malaysia and the Parties shall irrevocably submit to the exclusive jurisdiction of the Courts of Malaysia.
(15) Amendments
Flash Express may change and/or amend these Terms and Conditions from time to time without prior notice for various reasons which includes to improve the company's practices to comply with the Flash Express’ service changes and to comply with relevant laws and regulations issued by the relevant authorities. By using the Services, Users and Senders agree to this User Terms and Conditions.
(16) Severance
If any of the above terms and condition is void for any reason whatsoever, it does not prevent the validity and enforceability the other terms which are contained in this terms and condition.
(17) Personal Data Protection Act 2010
Flash Express is committed in protecting all personal information of the Users and shall take all necessary actions and/or precautions to adhere to the relevant rules and regulations as stated under the Personal Data Protection Act 2010. For the Privacy Notice, please refer to this link: https://www.flashexpress.my/term/privacy-agreement
By using the Services provided by Flash Express under this Website, Flash Express shall be deemed to have obtained all the necessary consents from both the Sender and the Receiver in relation to personal data provided to Flash Express for the shipment or delivery purposes, in accordance to the Personal Data Protection Act 2010 and Flash Express’s Privacy Policy set forth at https://www.flashexpress.my/term/privacy-agreement.
(18) Miscellaneous
Any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. We expressly disclaim and exclude all warranties including but not limited to the implied warranties or merchantability or fitness for a particular purpose. Any use of this website and its content is at your sole risk. We shall in no event be liable to you or any person claiming through you for any direct, indirect, consequential, incidental or other damages for any errors in or the use or of inability to use this Website including without limitation, damages for lost profits, business, data or damage to any computer systems.