Teleport Asia

Terms and Conditions

Introduction

Welcome to the Terms and Conditions (hereinafter referred to as “T&C”) for the use of Teleport.Asia’s Platforms, which consist of our website (teleport.asia) and teleport.asia mobile app. The T&C stated herein constitute a legal agreement between you and the Teleport entities (Teleport Everywhere Pte. Ltd., Teleport Commerce Malaysia Sdn. Bhd., and Teleport Commerce (Thailand) Co., Ltd.) (hereinafter referred to as “Teleport.Asia”).

These T&C govern the usage of our Platforms. By opting to use or access our Platforms, you are deemed to agree to these T&C without any reservation.

Teleport.Asia reserves the right, at our sole discretion, to modify or replace these T&C at any time. Changes will be effective when posted on the Platforms with no other notices provided and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platforms.

Our Platforms and the Services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Teleport.Asia’s members. If you are under the age of 18, you must obtain permission from your parent(s) or legal guardian(s) to open an account on the Platform. If you are the parent or legal guardian of a minor who is creating an account, you must accept and comply with these T&C on the minor's behalf and you will be responsible for the minor’s actions, any charges associated with the minor’s use of the Platforms and Services. If you do not qualify, you may not use the Services or access our Platforms.

1.0 DEFINITIONS AND INTERPRETATION

2.0 In the T&C, the following expressions have the following meanings, unless the context otherwise requires:-

"Affiliate" means with respect to any entity, any other entity controlling, controlled by or under common control with such entity. For the purpose of this definition, “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise.

"Application" or "Apps" means Teleport’s mobile application or any other mobile application owned by Teleport which is made available to you for download from the application stores such as App Store for iOs devices, Play Store for Android devices, or any other authorised application store.

"Business Day" means a day on which TELEPORT is open for business.

"Customer" means the person who wants their Goods delivered via Teleport’s Platform and the term “you” shall also have the same meaning as Customer.

"Confidential Information" means any information and documentation to be disclosed or made available by a disclosing party to the receiving party whether orally, in writing or otherwise, which includes financial, commercial, operational, staff, management and other information as well as any compilation of information which is not publicly available.

"Driver" means independent third party contractors who provides - delivery using the Teleport App on a mobile device and has completed the registration process, and is authorised, verified and approved by TELEPORT and/or its Affiliates to collect or deliver the Order from the Customer.

"Fees" means the amount chargeable by TELEPORT to the Customer in consideration for the Services, which will be calculated based on the rates set by TELEPORT.

"Goods" means the Goods the Customer wants delivered.

"Order" means the confirmation of intention submitted by the Customer to use Teleport’s Service to deliver their Good/s.

"Platforms" means collectively Teleport's Apps, Social Media and Website, and any other websites or applications which we may own or operate from time to time.

"Service" means any service, information and functions made available by Teleport at the Platforms, including the Delivery Service, the Discovery Service, and the Escrow Service. The term “Services” shall mean all of the Service as a collective.

"Teleport or TLP" means Teleport.Asia or such third party engaged by TELEPORT to provide the entire or part of the Services.

"Teleport platform/ App" means the relevant application, mobile application and/or software of TELEPORT, teleport.delivery and/or its Affiliates which is linked to the Customer’s web application and/or mobile application via API integration, to enable and facilitate the display of the Orders for the Driver to accept and perform the delivery services of the Orders.

"Users" means the Customers.

2.1 In this T&C, except where the context requires otherwise:-

reference to one gender include all genders; reference to words indicating the singular also include the plural and vice versa; the headings are inserted for convenience only and will not affect the interpretation hereof; references to persons include their successors and any permitted transferees and assigns; no rule of construction will apply to the detriment of any Party by reason of that Party having control and/or was responsible for the preparation of this Agreement or any part thereof; references to time of day are to Malaysian, Thailand and Singapore time; the appendices to this T&C form an integral part thereof; whenever this T&C refers to a number of days, such reference refers to calendar days unless business days are specified; and in carrying out its obligations and duties under this T&C, the Parties have an implied obligation of good faith.

3.0 CREATION OF BOOKING

3.1 As and when requested, you shall provide Teleport with your personal identification document for security and identity verification purposes, and to update your personal information in the App from time to time to ensure it is accurate and current.

3.2 You understand that Teleport only offers the Booking specific localities and delivery areas, and the availability of Driver varies across different localities and delivery areas. You are advised to review the types of Booking, size guide, price guide, delivery range and types of vehicles relevant to your delivery item prior to creating a Booking.

3.3 Prior to creating a Booking, you are responsible to provide and ensure that all delivery details required for the Booking are complete and accurate for the purpose of fulfillment of the Delivery Service. Teleport shall not be liable in the event of late delivery or non-delivery by reason of such erroneous delivery details you have entered on the App.

3.4 The Driver shall have the right not to accept the delivery item in the event the said delivery item is not compliant with the dimension or weight limit stipulated in the App.

3.5 You acknowledge that the delivery item has been packed by yourself personally, and you shall ensure that the delivery item is properly prepared, packed, stowed, labelled, and marked in a manner that is appropriate in accordance with the characteristics of the delivery item.

3.6 You are advised to create a Booking only when the delivery item is ready to be delivered. In the event the Driver has been waiting for longer than ten (10) minutes, the Driver reserves the right to cancel your Booking. In such circumstances, you will not be refunded as set out below in the Cancellation Policy.

3.7 Prior to creating a Booking, you are required to review and confirm that all the information you provide, including the type of delivery, delivery items details, type of vehicle, personal details and delivery point, is true, accurate and complete before you click ‘Confirm Booking’.

3.8 Once a Driver has been assigned to fulfill the Delivery Service, there will be no cancellation option available.

3.9 Changes in pick-up and/or drop-off address are not allowed once a Driver is already assigned to your Booking. Therefore, Teleport advises you to kindly re-check the delivery details prior to creating a Booking. Should you wish to change your pick-up and/or drop-off address, you may choose to cancel the Booking, provided that the Booking has not yet been assigned to a Driver. Once cancelled, you may proceed to create a fresh Booking with the accurate location.

3.10 You are entitled to not proceed with the Booking if you notice that the vehicle or Driver’s details do not match the details shown in the App. Should there be payment made under such circumstances, you will be entitled to a refund if you are able to provide sufficient evidence of the incorrect details.

4.0 DELIVERY SERVICE

4.1 The delivery options provided by Teleport are:

Standard (Domestic); Standard (Domestic+); Standard (International); Flash (In-City 4 Hours Delivery); and Instant (In-City 1 Hour Delivery). 4.2 Teleport will ensure the Driver delivers the Order accordingly.

4.3 Teleport will ensure the Driver is appropriately dressed and practices good hygiene standards by wearing a surgical mask and latex glove (if necessary) in handling the delivery of the Order.

4.4 The Driver may practice contactless delivery by leaving the Order at the Customer’s designated address without the presence of the Customer.

4.5 In the event the recipient whom you indicated in the App is expected to receive the delivery item in the designated drop-off location is unreachable physically or uncontactable after ten (10) minutes from the time that the Driver arrives at the designated drop-off location, the Driver will not reattempt delivery and has the right to leave the delivery item at the designated drop-off location indicated by you. You agree that Teleport, the Delivery Partner and the Driver shall not be liable for any missing, stolen or damaged delivery item in such a situation.

4.6 The Driver will record the Customer’s acknowledgement of the delivery by scanning the tracking number barcode provided on the delivery note.

4.7 You are not allowed to contact the Driver after the Delivery Service has completed. In the event that you necessarily believe that there is an issue with the Delivery Service, kindly contact customer support immediately.

4.8 The Services are considered to be completed once the Driver has completed the delivery and the Teleport App/Platform has updated the Customer that the Order has been successfully delivered.

5.0 PACKAGING GUIDELINES

5.1 The following is a non-exhaustive list of packaging guidelines prepared by Teleport, which the Customer must comply with:

The Order must be packed in a manner which is able to withstand reasonable impact of transport handling. Guidline: https://help.teleport.asia/en/general-cargo-packing-guidelines If the Order comes with fragile items, the Order must be labelled with a fragile sticker. Each Order must have a delivery note bearing the details of the Customer’s intended delivery address and the unique tracking number barcode. For standard delivery services, the Customer must print out the shipping label/consignment note. 5.2 Prohibited Items

The Customer acknowledges that the delivery item shall comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage in accordance with the type of transportation of the delivery item and the delivery item are not, in any way or condition:

People Fish seedling Pets/animals Alcohol Flammable, corrosive or radioactive objects and substances; Contain explosives, firearms, weapons, sharp objects and parts thereof; Money; Any dangerous and narcotic drugs; other prohibited items under any laws, rules, regulations or guidelines in Malaysia, Thailand and Singapore; or any other delivery item prohibited to be delivered by our Delivery Partners as stipulated in the Terms and Conditions of the Delivery Partner. 5.3 Teleport’s Driver’s reserves the right to refuse to perform Delivery Service in the event they reasonably believe that you are attempting to deliver prohibited delivery items as stipulated in Clause 5.3 above. You agree and acknowledge that you will still be charged a full fee for such a case.

In the event the Driver unknowingly performs the Delivery Service of a prohibited delivery item as stipulated under Clause 5.3 prohibit items or dangerous goods, you shall be fully responsible and liable for any damage, loss and/or injury that arises as the result of such action. Further, you acknowledge that Teleport are not liable for any responsibility whatsoever or howsoever for any damage, loss and/or injury as the result of such action committed by you.

6.0 REPRESENTATION AND WARRANTIES

6.1 Each Party has full corporate power and authority to enter into and perform its obligations under the T&C and any other ancillary documents incidental thereto to which it is a party; and the execution, delivery and performance of the T&C have been duly authorised by all necessary corporate action.

6.2 The Customer warrants, represents and guarantees to Teleport that:-

all information (including the contents and weight of the Delivery Goods) provided by the Customer is complete and accurate. Teleport is not liable for any damage or losses caused by or attributable to any mistake, negligence, or omission regarding the details of the final destination.The Customer is fully responsible to: inform its customers or other party using the Services (subject to the terms of the Agreement) regarding the location of the pick-up; and give the correct address to Teleport as the final destination.

it is the lawful and beneficial owner of the Delivery Goods; the Delivery Goods details is properly described in the consignment note, correctly labelled and label has been securely fixed in a prominent position on the outer surface of the Delivery Goods; The Delivery Goods is properly packed to ensure safe delivery with ordinary care in handling and does not require any special handling. Any special handling requirements will incur additional fees. Any delivery of Dangerous Goods shall follow the guidelines in this link : https://help.teleport.asia/en/dangerous-goods-guidelines all applicable customs, import, export and other Laws and regulations have been complied with; to strictly follow the measurement stated in Clause 11.0 D. 3. a) and b) of this General Terms of Service. the Delivery Goods does not contain in whole or in part any substances or goods or items that are harmful to Teleport’s staff or any person or other goods within the vicinity of the Delivery Goods; and the Customer has taken reasonable precautions to comply with all directives and legislation relating to the protection of personal data including if practicable encryption of the personal data to ensure the safety of the personal data in the event of loss or mis-delivery of the Delivery Goods. the Customer will be solely responsible and liable for any and all customer queries, claims and/or complaints in respect of the contents and quality of the item and any consequential effects thereof.

6.3 The Customer will be liable to and will fully indemnify Teleport and hold Teleport harmless from any liabilities Teleport may suffer and/or any costs, damages or expenses, including legal costs, incur by Teleport or to any third party arising out of the the Customer’s breach of any of the warranties, representations and guarantees, even if Teleport had inadvertently accept the Order that contravenes any of the the Customer’s warranties, representations and guarantees in relation to the Delivery Goods.

Furthermore, the Customer shall be liable for and shall indemnify and hold harmless Teleport from any and all claims, suits, costs, liabilities, fines, penalties, demands, loss or damage, including any and all expenses, disbursements, costs, legal fees, court fee, interests, sums and amounts which Teleport may suffer or incur as a result of any delay or failure by the Customer to pay the Taxes or any part thereof to Teleport.

7.0 EXCLUSION AND LIMITATION OF LIABILITY

7.1 Subject to the clauses herein, the liability of Teleport to the Customer is strictly limited to direct losses only and all other types of losses or damages are excluded.

7.2 Teleport’s liability in respect of any one Good is limited to its actual cash value and must not exceed;

Malaysia: Ringgit Malaysia Two Hundred only (RM300.00) declared value of Delivery Goods. One the other hand, for undeclared value of Delivery Goods shall be Ringgit Malaysia One Hundred (RM150.00) Singapore: TELEPORT’s liability is limited to the actual value, or maximum SGD100.00 for every Delivery Goods, whichever is lower Thailand: TELEPORT to the CLIENT is strictly limited to direct losses only and all other types of losses or damages are excluded. TELEPORT’s liability in respect of any one Delivery Goods under this clause is limited to its actual cash value and must not exceed Two Thousand Thai Baht only ( 2,000.00) for intracity service Seven Thousand Baht only (7,000.00) for the intercity service Ten Thousand Thai Baht only ( 10,000.00) for international service

7.3 Claims are limited to one claim per Order, settlement of which will be full and final settlement for all losses or damage in connection therewith. In the event that the actual value and/or losses incurred is higher than the limited liability stated above, the CLIENT shall be responsible or seek its own insurance to cover such additional value/loss. TELEPORT shall not be liable to any direct or indirect losses and/or damages to the excluded items as stated in https://teleport.asia/excluded-items

7.4 Teleport will not be liable for any loss of income, loss of profits, loss of markets, loss of reputation, loss of customers, loss of use, loss of an opportunity even if Teleport had knowledge that such damages or loss might arise or for any indirect, incidental, special or consequential damages or loss howsoever arising including without limitation breach of any contract, negligence, willful act or default.

7.5 The Customer agrees that Teleport assumes no liability or responsibility:-

for the Customer’s mistake in preparing the Delivery Goods based on instructions of the Recipient; for the inability to complete the delivery of the Delivery Goods if the Recipient’s address is incomplete or incorrect or not legible; for the Customer’s non-compliance with any Laws and regulations including export control Laws, sanction, restrictive measures, custom Laws and embargoes including those in relation to health and safety; for the Delivery Goods which was seized, detained or destroyed by the relevant authorities unless such seizure, detention or destruction arises out of Teleport’s willful default or gross negligence; for the Customer’s non-compliance with the terms of the Agreement, or for the inability to complete the delivery of the Delivery Goods due to Events Beyond Control as set out below.

8.0 PAYMENT

8.1 You are required to make payment for the charges incurred for the provision of the Booking including any applicable tolls, taxes and any other fees or charges due in the process of the delivery, in accordance to the circumstances or the type of transportation you select in which such charge is needed.

8.2 All payment collected by us is pre authorised, therefore the only payment option available to you for the creation of Booking is by Card. Any method of payment so selected is non-changeable and irrevocable.

8.3 You shall register a valid Card that belongs to you in accordance with the step-by-step instructions as provided in the App. In the event the Card belongs to another person, you hereby warrant and represent that you have obtained the permission from such person to use the Card for the payment of the Booking. You agree that we may verify and authenticate the Card details when you first register the Card in the App as well as when you are creating a Booking.

9.0 FRAUD

9.1 Payments must be authorized by the cardholder named in the payment process. Teleport reserves the right to hold or cancel your Order without prior notice if we reasonably suspect that you or the cardholder is associated with any kind of fraudulent activity. Such suspicion may be based on the following activities:

The cardholder did not authorize the payment and claims that the Order is fraudulent; There has been previous fraudulent activity/chargebacks by you or the cardholder; and Information given during payment is erroneous / inadequate / inconsistent / linked to fraudulent behavior.

10.0 CLAIM PROCEDURES

10.1 The Customer must submit the claim due to damage, delay or non-delivery of the Order, in writing within twenty four (24) hours from the date of delivery, failing which the Customer will not be entitled to make any claim and Teleport will have no liability whatsoever in relation to the Order.

10.2 All relevant proofs, evidence or documentation must be made available for Teleport’s inspection and retained until the claim is concluded.

  1. 3 Subject to clause 8.4, Teleport will investigate and settle the claim within thirty (30) days, upon receipt of complete documents by amicable resolution, if and only if, the damage is proven to be caused by Teleport’s negligence. The amount of compensation will be based on Teleport’s own assessment of the extent of the damage to and the actual cash value of the contents of the delivery item provided always that the amount of compensation must not exceed the limit set out in Clause 8.2.

10.4 Teleport is not obligated to act on any claim until all charges for the Services undertaken have been paid by the Customer. The claim amount may be deducted from charges which are due and payable by the Customer at the option of Teleport.

10.5 The Customer acknowledges that they are aware of and understand the risks of creating a Booking using the App. In the event of a loss or problem that the Customer may experience during the fulfillment of the Delivery Service, Teleport will, with its best efforts, work together with the relevant Driver from the Delivery Partner in finding a solution to the problem. Further, the Customer acknowledges that Teleport has no liability whatsoever for any problems or disputes that arise between the Customer and the Driver, including taking any legal action deemed necessary by the Customer and/or the Driver.

10.6 Should the Customer discover that there are issues with the Customer’s Booking or Delivery Service, please contact Teleport’s customer support immediately through the App.

10.7 In the event the Customer raises any complaint on the Driver, Teleport shall assist the Customer to the best of its abilities to resolve your complaints or issues.

11.0 CANCELLATION POLICY

11.1 As a general rule, all Bookings created are treated as confirmed, and all applicable fees and payment are pre-authorized and are non-refundable.

11.2 Should the Customer wish not to proceed with the Booking in the event the Driver is already assigned to the Customer, the Customer may be charged a full fee of the total cost that was previously provided to the Customer in the App (“Cancellation Fee”) when the Customer first created a Booking.

11.3 However, the Customer may cancel their Booking at any time before a Driver is assigned to the Customer for the Delivery Service and the Customer will not be charged a Cancellation Fee.

12.0 EVENTS BEYOND CONTROL

12.1 TELEPORT will not be liable to fulfill any obligations under this T&C due to circumstances or events beyond TELEPORT’s control, such as but not limited to:-

Force Majeure as defined in Clause 14.0; national or local disruptions in ground transportation networks, including roadblocks; bad traffic; severe and unfavourable weather conditions; accidents involving the vehicles or such other mode of transportation of the Driver necessary to carry out the Services; or criminal acts of third parties such as robbery which affects the Driver.

13.0 FORCE MAJEURE

13.1 Neither Party will be liable for, nor be in default by reason of, any failure or delay in performance of its obligations under the T&C, if such failure or delay is caused by an act of god or a public enemy, war whether declared or not, hostilities, invasion, armed conflict, riot or civil unrest, insurrection, strikes, revolution or usurped power, act of terrorism, sabotage or criminal damage, trade embargoes, non-availability or revocation of any necessary licenses or authorisations which is not caused by act or omission of the Parties, natural disasters including earthquake, lightning, hurricane, flood and fire, pandemic, act of government or any other cause or peril beyond its reasonable control. For the purpose of this provision, strikes that arise from labour relations between a Party and its employees, machinery breakdown or correction of defect or deficiency will not be construed as Force Majeure events. This provision, however, will not relieve the Party alleging the occurrence of such Force Majeure from using all reasonable efforts to avoid or remove such Force Majeure and the effects thereof and to continue performance whenever and wherever such Force Majeure is removed.

13.2 If the Force Majeure event persists, both Parties will have the rights to review the T&C.

14.0 CONFIDENTIAL INFORMATION

14.1 Throughout the Term, each Party hereby agrees and undertakes to the other Party:-

to keep confidential all Confidential Information; not to, without prior written consent of the disclosing Party, disclose any Confidential Information of the disclosing Party in whole or in part to any person save those of its directors, employees, and agents on a need to know basis; to use the Confidential Information of the disclosing Party solely in connection with this T&C and not for its own benefit or the benefit of any third party; and that, without prejudice to the generality of the foregoing, no supplier, agents or any person engaged by it whether as a servant or consultant or otherwise will use Confidential Information belonging to the other for the solicitation of business from the disclosing Party or any Affiliate of the disclosing Party by the receiving Party or by such servant or consultant or by any third party. 14.2 Each Party hereby undertakes to the other to make all relevant employees, servants and agents aware of the confidentiality obligations under this T&C and to take all reasonable steps to ensure compliance by its respective employees, servants and agents with this provision. In the event of any disclosure of the Confidential Information to any consultant, agent or other person engaged by the receiving Party in connection with this T&C, the receiving Party must cause the consultant, agent or other person to sign a confidentiality undertaking in content substantially similar to this T&C.

14.3 The provision of confidentiality will not be deemed to apply to Confidential Information which:-

is or has become public knowledge other than by breach of this provision; is in the possession of the receiving Party without restriction in relation to disclosure before the date of receipt from the disclosing Party; is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure; is independently developed without access to any Confidential Information belonging to the other; or is required by law, by order of a court of competent jurisdiction or by any rule, direction or regulation of any regulatory or governmental authority to be disclosed.

15.0 NOTICE

15.1 Any notices, approvals, communication or consents required to be given by either Party to the other must be in writing. Any notice hereunder will be deemed sufficiently served on each Party hereto if sent by registered post, electronic mail, or left at the business address, the details of such addresses which are set out in the T&C and will be deemed to have been delivered and received by the relevant Party when:-

If sent by registered post, three (3) Business Days after the date in the ordinary course of posting; If personally dispatched, on the same working day of dispatch upon receipt and acknowledgment of the same; and If sent by electronic mail, on the same working day upon successful delivery of the electronic mail. 15.2 In the event a notice is received on a day which is not a Business Day, it is deemed to have been received on the next Business Day. All notices received after 5.00 pm are deemed to be received on the next Business Day.

16.0 SEVERABILITY

16.1 In the event that any one or more of the provisions of this T&C is declared by any judicial or other competent authority to be invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality or enforceability of the remaining provisions contained in this T&C is not be affected or impaired in any way.

16.2 If any provision is held to be void, illegal or unenforceable but would be valid and enforceable if amendments are made, then that provision will be amended to the extent necessary to render the provision valid and enforceable and which would give effect to the intention of the Parties to the maximum extent possible.

17.0 INCONSISTENCIES

In the event of any conflict or inconsistencies between the Terms of Service and these T&C, the Terms of Service will prevail to the extent of such inconsistencies.

18.0 RELATIONSHIP OF THE PARTIES

18.1 Nothing contained herein will be constructed to imply a partnership, joint venture, principal/agent or an employer/employee relationship between the Parties.

Neither Party will have any right, power or authority to create any obligation, express or implied, on behalf of the other.

19.0 SUCCESSORS

19.1 This T&C, including all representations and undertakings given herein by the Parties will be binding upon the Parties and upon its successors-in-title and permitted assigns.

20.0 TAXES

20.1 The amount payable or price as quoted under the Terms of Service is exclusive of any value added tax (including but not limited to sales tax, service tax, goods and services tax, and any other similar taxes, duties or levies imposed by any taxing authority/regulatory body), in which the value added tax, if applicable, will be payable in addition thereto subject to the receipt of an invoice or a tax invoice in compliance with the requirements of the relevant laws. All payments made by the MERCHANT under the Terms of Service will be made gross without any tax deduction or withholding of a similar nature.

20.2 Any value added tax, government service tax, or other applicable sales tax, levy or duty or any other tax whatsoever that arises in relation to the Terms of Service will be borne by the MERCHANT.

21.0 HEADINGS

21.1 The headings to the paragraphs contained in the T&C are for the sake of convenience only and will not be relied upon in the interpretation hereof.

22.0 ENTIRE AGREEMENT

22.1 The Terms of Service, its Chapters, its Appendix and these T&C constitute the entire agreement between the Parties as to the subject herein mentioned.

22.2 Any other agreement or negotiation, which preceded the Terms of Service, will not be valid unless ratified by a written instrument signed by the Parties.

22.3 No amendment, modification or waiver of any provision of the Terms of Service will have any legal force or effect unless made by mutual consent and made in writing by the Parties specifically referring to the Terms of Service and duly signed by each of the Parties hereto.

22.4 The preamble and all Chapters of the Terms of Service will constitute an integral part of the Terms of Service.

23.0 FURTHER ASSURANCE

23.1 Each Party hereto will, at its respective expenses, promptly and duly execute and deliver to the other Party such further documents and promptly take such further action not inconsistent with the terms hereof as the other Party may from time to time reasonably request in order to more effectively carry out the intent and purpose of the Terms of Service or to perfect and protect the rights and, with respect to TELEPORT, remedies created or intended to be created.

24.0 ANTI BRIBERY AND ANTI CORRUPTION

24.1 The Customer undertakes, represents and warrants that:-

the Customer, the Customer’s personnel and any other person responsible for providing and performing the obligations in the contract are in compliance with all anti-corruption and anti-bribery laws, and will remain in compliance with all such laws; and without prejudice to the generality of the above, the Customer, the Customer’s personnel and any other person responsible for providing and performing the obligations in the contract has not made, authorized or offered to make payments, gifts or other transfers of value, directly or indirectly, to any government official or private person in order to (i) improperly influence any act, decision or failure to act by that official or person; (ii) improperly induce that official or person to use his influence with a government or business entity to affect any act or decision by such government or entity; or (iii) secure any improper advantage. 24.2 The Customer agrees that should it learn or have reason to know of any payment, gift or other transfer of value, directly or indirectly, to any government official or private person that would violate any anti-corruption or anti-bribery law, it must immediately disclose such activity to Teleport and Teleport will have the right to immediately terminate the Terms of Service by giving written notice to the Customer.

25.0 NO-BROKER PROVISION

25.1 Each Party represents and warrants to the other Party that in relation to the transaction contemplated in this T&C:-

No finder nor broker nor any other similar role has been retained or used by such Party or any of its employees, officers, directors, third party advisors, or any other party related to such Party; and Neither Party is nor should it be obligated to any finder’s fee or broker’s fee or any other similar fee to each other, any of its employees, officers, directors, third party advisors, or any other party related to such Party.

26.0 WAIVER

26.1 Failure to exercise, or delay in exercising or enforcing any right under this T&C by any of the Parties will not operate as a waiver of its right to enforce against the breach of such provision, and will not prejudice the subsequent exercise of the same, unless made in writing. No single waiver constitutes a continuing or subsequent waiver.

27.0 USE OF AIRASIA and/or TELEPORT’s CORPORATE NAME, LOGO and/or TRADEMARK (the “MARK”)

27.1 Nothing in this T&C will be construed as the granting of any form of right to the CUstomer to use any Mark of AirAsia or Teleport for any purpose other than to state the fact that the Services are provided by Teleport and/or AirAsia based on this T&