Terms and Conditions
Helpr Asia Sdn Bhd
- These terms and conditions ("Terms and Conditions") contained below
is a legal and binding agreement made between you and Helpr Asia
Sdn Bhd (Company No.: 1147034-U).
- By using any of our Services (defined hereinbelow) offline and/or
online vide the Website, you are deemed to have read, understood
and agreed to observe, comply and be bound with these Terms and Conditions.
- We reserve the rights to change, modify, add or remove any or all
parts of these Terms and Conditions from time to time without
prior notice given to you. Such amendment shall form parts of
these Terms and Conditions. You are deemed to have read,
understood and agreed to observe, comply and be bound by such
- You are advised to read these entire Terms and Conditions before
proceeding with any request of our Services (defined hereinbelow)
and to read and understand any amendments from time to time.
- You further agree that your continued use of our Services (defined
hereinbelow) offline and/or online vide the Website, shall
constitute an acceptance of these Terms and Conditions.
2. Definitions & Interpretations
2.1 In these Terms and Conditions, unless the context requires otherwise:
|“Applicable Laws”||statutes, codes, rules, regulations, directives, and/or guidelines which are applicable at the time being in Malaysia at laws and in equity; |
|“Customer” or “you” ||the persons who access the Website and/or use our Services; |
|“Helpr” or “we” or “us”||Helpr Asia Sdn Bhd (Company No.: 1147034-U);|
|“HELPR Facebook”||https://www.facebook.com/helprmy; |
|“HELPR Hotline”||+60122334550 including any telephone numbers changed from time to time;|
|“HELPR Hotmail”||firstname.lastname@example.org including any hotmail changed from time to time;|
|“Payment Gateway”||Billplz Sdn Bhd (1023853P) includes any other third party companies which provides payment gateway services including issuance of bills, collection of fees, which HELPR may engage with from time to time;|
|“Restricted Goods”||goods that is unable to be performed and/or legally restricted in respect of the performance of the Service due to the reasons as stipulated in Clause 7;|
|“Request”||your request for Services under Clause 4.1; |
|“Services”||the services to be performed by Us upon more particularly described in Clause 3 below;|
|“Terms and Conditions”||these terms and conditions including any amendments made from time to time thereto; and |
2.2 In these Terms and Conditions, unless the context require otherwise:-
- any reference to:-
- the singular includes the plural and vice versa;
- a gender includes all genders; and
- a date or time of day is a reference to Malaysian date or time.
- headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Agreement.
- You hereby request and we hereby accepts to use the Services at the Fees upon these Terms and Conditions.
- Subject to these terms and conditions, the scope of our services is on case to case basis upon your request include but not limited to ("Services"):-
- sending any goods and monetary instruments including cheques, bank drafts and/or cash;
- seek, source and research on goods and/or services;
- purchase any goods and/or services; and
- any other services to be performed upon your request provided such request us not illegal.
4. Offer & Acceptance
- You hereby offer to use our Services by sending your requests in accordance to the following manners ("Request"):-
- by sending a text request to HELPR Hotline via short message service (SMS);
- by sending a text request to HELPR Hotline via Whatsapp;
- by posting your request at HELPR Facebook;
- by posting your request at HELPR Twitter;
- by sending an email to HELPR Hotmail; and/or
- such other manners to be stipulated by us from time to time.
- Upon receipt of your Request, we shall provide a quote to perform the Services.
- In the event you agree to the quote, you shall confirm your Request and make payment of the Fee in accordance to Clause 5.
- We accept your Request upon confirmation of your Request or upon payment of the Fee, whichever is earlier, whereupon a legal agreement is formed between you and us in accordance to these Terms and Conditions herein.
5. Fees & Payment
- In consideration of using our Services, you shall make the payment of Fee to the Payment Gateway and to supply the Payment Gateway with your credit card or debit card details from credit card or debit card company acceptable to Us and/or the Payment Gateway.
- By providing the details of credit card, debit card and/or any other forms of payment and financial information to us, you hereby confirm, warrant and represent that:-
- you have the full authority to use and disclose the details of such credit card, debit card and/or any other forms of payment and financial information or account; and
- all particulars and details that you provide to us for the purpose of processing payment are true and accurate.
- Notwithstanding the payment method published in the Website and depending on the results of a credit check, we reserve the right not to offer certain forms of payment and to refer you to our other forms of payment.
- Fees shall be inclusive of goods and services tax (GST) and exclusive of any other rates, taxes, levies and/or other fees which may be imposed by the relevant authorities from time to time. In the event the Fees is increased due to the changes and/or imposition of new rates, taxes, levies and/or other fees shall be increased accordingly, you hereby expressly agree to compensate the difference or the full same upon demand by us.
- All Fees paid are non-refundable save for strictly due to our failure refusal and/or negligence to perform the Services upon your confirmation of Request.
6. Rights Of Suspension And Refusal
- We reserve all the rights to suspend, refuse, cease to perform and/or delay in performing the Services at any time at our absolute discretion without any reasons given to you.
- Notwithstanding to the generality in Clause 6.1 herein, we shall be entitled to suspend, refuse, cease to perform and/or delay in performing the Services due to:-
- payment of Fees is suspended unable to be cleared or otherwise not received by Us and/or Payment Gateway;
- you cancel our Services after we have commenced our Services;
- inaccurate false or misleading information furnished by you, of which the delivery address is not found or closed or causing us unable to perform our Services;
- the Goods are considered a Restricted Goods as stipulated under clause 7 in the event we are requested to deliver the goods; or
- the act of God, insurrection, civil disorder, war or military operations, national and local emergency, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, thunderstorms, internet downtime, or any other force majeure events which are beyond the control with or cause due to us.
- Upon the suspension, refusal and/or cessation to perform the Services under sub-clauses 6.2(a) to (d), we shall be entitled to forfeit all Fees paid without prejudice to our rights to recover any compensation damages or losses arising thereto whereupon you shall be liable to compensate us the same immediately upon receipt of our notice.
7. Restricted Goods
- The restricted goods are as follows:-
- the goods which are not in or are not put into, the deliverable state at the designated pick up point;
- the goods are defective, perish, or become so damaged, or no longer correspond to the description as furnished by You or no longer fit for the purpose as per your Request;
- the goods are subject to charges and/or encumbrances in favour of any third party;
- the goods are offensive, threatening, indecent, obscene, explosive, unsafe, or which is likely to cause damage harm and threats to the national security and/or public interest;
- the goods are in sensitive nature in respect of ethnicity, race, religion, gender equality, birth of origin, public morality, or such nature which is likely to cause or incite any disharmony disturbance annoyance or hatred to individuals groups or the public; or
- the goods are illegal due to its state and/or for the purpose of its use, or for and/or upon delivery, or which is likely to infringe violate or breach of any Applicable Laws.
8. Representations and Warranties
- You hereby represent warrant and undertake that:-
- you have read, understood and agreed to be bound by these Terms and Conditions;
- you are 18 years old and above and is legally entitled to enter into these Terms and Conditions;
- entry into these Terms and Conditions shall not breach infringe or violate any Applicable Laws;
- obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises if so necessary,
- you are the legal and/or beneficial owner of all the intellectual property rights attached to the goods and/or you have obtained the consent of the original legal owner of that intellectual property in order for us to perform the Services;
- the content, quality, authenticity and value of the goods corresponds to the descriptions furnished by you.
- We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
9.1 You agree to defend, indemnify and hold harmless us and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors' fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of intellectual properties, and any rights of Payment Gateway; (iv) your violation of any Applicable Laws; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information.
10. Limitation of Liability
- You acknowledge and confirm we act solely as a platform to perform the Services and that we are not and shall not be responsible or liable to :-
- verify ensure and confirm the content, quality, authenticity and value of the goods; and
- obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises, consent of the original legal owner of the intellectual property attached to the goods;
- pay compensate indemnify you for any losses damages, any increased costs or expenses, any loss of profit, business, contracts, revenue or anticipated savings or any special, indirect or consequential damage of any nature whatsoever due to any breach and/or non-compliance of you under these Terms and Conditions.
- Notwithstanding anything contrary under these Terms and Conditions however so construed or interpreted, our liability under these Terms and Conditions are limited to the total Fees paid by you per Service.
- You hereby confirm that the limitation of liability in Clause 10.2 is expressly agreed upon by you and us and shall waive to dispute the quantum of liability or seek further compensation beyond such limitation of liability in any event of claims against us.
- Time shall not be an essence on our obligations to perform the Services under these Terms and Conditions.
- Any notice given pursuant to these Terms and Conditions shall be in writing and be given by sending the same by email, facsimile, prepaid registered post or left if addressed to the party concerned in these Terms and Conditions or address given in the registered user account.
- These Terms and Conditions shall be construed in accordance with and governed by the laws of Malaysia.
- If any provision of these Terms and Conditions is or may become illegal or void under any written law or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
- such provisions shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- the remaining provisions of this agreement shall remain in full force and effect;
- the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
- No failure or delay in the exercise or the partial exercise of any right or remedy or the exercise of any other right or remedy shall affect of impair any such right or remedy.
- These Terms and Conditions shall be binding on the parties and their respective successors in title of the parties hereto.
- The parties acknowledge and agree that these Terms and Conditions and/or any other documents pertaining hereto can be signed, executed, acknowledged, issued and/or executed by electronic means and shall in any proceedings be admissible in evidence and be presumed, unless evidence to the contrary is introduced.
Helpr Asia Sdn Bhd
- This page (together with the documents referred to on it) sets out
our website www.helprnow.com (“Website”), whether as a guest or
carefully before you start to use the Website. By using the
Website, you indicate that you agree and accept to these Terms of
Use and that you agree to abide by them. Your use of any part of
which takes effect on the date on which you first use the Website.
using the Website immediately.
- The Website is owned and operated by Helpr Asia Sdn Bhd
(No syarikat: 1147034-U).
without notice to you by posting changes online. You are
responsible to regularly review information posted in the Website
to obtain timely notice of such changes. Your continue use of the
Website after changes are posted constitutes your acceptance of
- You are responsible for all access to the Website through your
attention of all such persons.
- You shall not in any way use the Website or submit to us or to
the Website or to any user of the Website anything which in any
- is in breach of any law, statute, regulation or by-law of any
- is fraudulent, criminal or unlawful;
- is inaccurate or out-of-date;
- may be obscene, indecent, pornographic, vulgar, profane,
racist, sexist, discriminatory, offensive, derogatory,
harmful, harassing, threatening, embarrassing, malicious,
abusive, hateful, menacing, defamatory, untrue or political;
- impersonates any other person or body or misrepresents a
relationship with any person or body;
- may infringe or breach the copyright or any intellectual
property rights (including without limitation copyright,
trade mark rights and broadcasting rights) or privacy or
other rights of us or any third party;
- may be contrary to our interests;
- is contrary to any specific rule or requirement that we
stipulate on the Website in relation to a particular part of
the Website or the Website generally; or
- involves your use, delivery or transmission of any viruses,
unsolicited emails, trojan horses or any computer programming
routines that are intended to damage, detrimentally interfere
with, surreptitiously intercept or expropriate any system,
data or personal information.
- You hereby grant to us an irrevocable, royalty-free, worldwide,
assignable, sub-licensable license to use any material which you
submit to us or the Website for the purpose of use on the Website
or for generally marketing (by any means and in any media) our
products. You agree that you waive your moral rights to be
identified as the author and we may modify your submission.
- Commentary and other materials posted on the Website are not
intended to amount to advice on which reliance should be placed.
We therefore disclaim all liability and responsibility arising
from any reliance placed on such materials by any visitor to the
Website, or by anyone who may be informed of any of its contents.
- You agree to comply at all times with any instructions for use of
the Website which we make from time to time.
Availability of the Website, Security and Accuracy
- Whilst we endeavour to make the Website available 24 hours a day,
we shall not be liable if for any reason the Website is
unavailable for any time or for any period. We make no warranty
that your access to the Website will be uninterrupted, timely or
error-free. Due to the nature of the Internet, this cannot be
guaranteed. In addition, we may occasionally need to carry out
repairs, maintenance or introduce new facilities and functions.
- Access to the Website may be suspended or withdrawn to or from you
personally or all users temporarily or permanently at any time
with or without notice. We may also impose restrictions on the
length and manner of usage of any part of the Website for any
reason. If we impose restrictions on you personally, you must not
attempt to use the Website under any other name or user.
- We do not warrant that the Website will be compatible with all
hardware and software which you may use. We shall not be liable
for damage to, or viruses or other code that may affect, any
computer equipment, software, data or other property as a result
of your access to or use of the Website or your obtaining any
material from, or as a result of using, the Website. We shall
also not be liable for the actions of third parties.
- We may change or update the Website and anything described in it
without notice to you.
- Whilst we endeavour to ensure that information and materials on
the Website are correct, no warranty or representation, express or
implied, is given that they are complete, accurate, up-to-date,
fit for a particular purpose and, to the extent permitted by law,
we do not accept any liability for any errors or omissions. This
shall not affect any obligation which we may have under any
contract that we may have with you to supply you with products,
including any obligation that we may have under that contract to
provide you with accurate information and advice, and which we may
do through a secure part of the Website available to people who
use the appropriate password.
- The material contained on the Website is provided for information
purposes only and it shall not give rise to any commitment or
obligation by us. Any information on the Website shall not
constitute any part of an offer or contract.
- In all cases, to the extent permitted by law:
- our total liability to you or any third party shall in no
circumstances exceed, in aggregate, a sum equal to the greater
of RM500; and
- we shall not have any liability (whether in contract, tort,
negligence, misrepresentation, restitution or under any legal
head of liability) in relation to your use or inability to use
or delay in use of the Website or any material in it or
accessible from it or from any action or decision taken as a
result of using the Website or any such material for any: (i)
indirect or consequential losses, damages, costs or expenses;
(ii) loss of actual or anticipated profits; (iii) loss of
contracts; (iv) loss of use of money; (v) loss of anticipated
savings; (vi) loss of revenue; (vii) loss of goodwill; (viii)
loss of reputation; (ix) loss of business; (x) loss of
operation time; (xi) loss of opportunity; or (xii) loss of,
damage to or corruption of, data; whether or not such losses
were reasonably foreseeable or we had been advised of the
possibility of you incurring such losses. For the avoidance
of doubt, (ii) to (xii) apply whether such losses are direct,
indirect, consequential or otherwise.
- If you enter into a contract with us by submitting an order for a
product through the Website which is accepted by us in accordance
with the purchase terms and conditions, the relevant provisions of
those terms and conditions relating to the our liability and its
limitation in relation to such a contract (if any) shall replace
Trademarks and Brand Name
- The “HELPRNOW” names and logos and all related names, design
marks and slogans are the trademarks of us or our licensors.
Intellectual Property Rights
- We are the owner or the licensee of all intellectual property
rights in the Website, and in the material published on it.
Those works are protected by copyright laws and treaties around
the world. All such rights are reserved.
- You may print off one copy, and may download extracts, of any
page(s) from the Website for your personal reference and you may
draw the attention of others within your organisation to material
posted on the Website.
- You must not modify the paper or digital copies of any materials
you have printed off or downloaded in any way, and you must not
use any illustrations, photographs, video or audio sequences or
any graphics separately from any accompanying text.
- You must not use any part of the materials on the Website for
commercial purposes and/or public circulation without obtaining a
license to do so from us or our licensors.
- If you print off, copy or download any part of the Website in
cease immediately and you must, at our option, return or destroy
any copies of the materials you have made.
Information about you and your visits to the Website
- We process information about you in accordance with our Personal
Data Notice. By using the Website, you consent to such processing
and you warrant that all data provided by you is accurate.
Third Party Websites
- We have no control over and accept no responsibility for the
content of any site to which a link from the Website exists
(unless we are the provider of those linked sites). Such linked
sites are provided “as is” for your convenience only with no
warranty, express or implied, for the information provided within
them. We do not provide any endorsement or recommendation of any
third party site to which the Website provides a link.
- You must not without our permission frame any of the Website onto
your own or another person’s website.
- We hereby grant to you a revocable, non-exclusive, royalty-free
right to provide a link from your website to the home page of the
Website, provided that you do so in a fair and legal way without
damaging our reputation or taking advantage of it. In particular:
- you shall not make any warranties or representations about us,
our products and services or our policies except with our
prior express authorisation;
- you shall not say anything that is false, misleading,
derogatory or offensive about us or our products and services
or policies; and
- you shall not suggest expressly or impliedly that we have
endorsed your site or are associated with it where this is not
- If any of these terms should be determined to be illegal,
invalid or otherwise unenforceable by reason of the laws of
any state or country in which these terms are intended to be
effective, then to the extent and within the jurisdiction
which that term is illegal, invalid or unenforceable, it shall
survive, remain in full force and effect and continue to be
binding and enforceable.
- You agree to defend, indemnify and hold us and our affiliates
harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorneys' fees, arising in any
way from your use of the Website or the placement or
transmission of any message, information, software or other
materials through the Website by you or related to any
Malaysia law and jurisdiction
non-contractual relationships arising out of or connected to
it or them) shall be governed by and construed in accordance
with Malaysia law. You submit to the exclusive jurisdiction of
the Malaysia courts to settle any dispute which may arise