Terms and Condition

Please read these Terms and Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. The following constitutes a legally binding agreement (“Agreement”) between you and ML EXPRESS which governs your access and use of the ML EXPRESS website, including any subdomains thereof, as well as any other third party websites though which ML EXPRESS makes it services available (collectively referred to as “Sites”), application programming interfaces (APIs), and all other associated services. And by accessing or using the ML EXPRESS website, you agree to comply with and be bound by these Terms.

When the terms “we”, “us”, or “our” are used, it refers to “ML EXPRESS” which you are contracting with.

The collection and use of personal information in connection with your access and use of the ML EXPRESS website is contained in our Privacy Policy.

Users are responsible for understanding and complying with all the relevant rules, laws and regulations pertaining to their shipments and all parcel contents. Failure to comply may lead to legal enforcement, fines, penalties, or imprisonment. To assist you in identifying some of the obligations which apply to you, please visit our FAQs section. Should you have any questions regarding how our local laws apply to your shipments or parcels, you should always consult a legal professional for guidance.

Last updated: 15.05.2021

1. Definitions

“Consignment” or “Shipment” refers to any documents or parcel which is registered under one tracking number or travels under a single waybill, which may include air, road or any other carrier, addressed to a single address.

“Consignor”, “Sender”, “Shipper” or “User” refers to the person who sent or initiated the postage of a shipment.

“Consignee”, “Recipient” or “Receiver” refers to the person whom the document or parcel is being addressed to, of whom is entitled to receive the shipment.

“Shipping Label(s)” refers to the consignment note or airway bill produced/generated automatically via the ML EXPRESS user dashboard. This will need to be attached to any document or parcel prior to postage.

“Working Day” refers to any business day from Monday to Friday, 9am to 6pm, excluding weekends and public holidays.

2. Scope of Service

2.1 By means of this agreement, you agree to contract ML EXPRESS in the provision of services pertaining to the pickup, handling and dispatch/delivery of documents or parcels to a cross-border destination. ML EXPRESS is responsible for the collection and delivery to the recipient, where these services may be rendered by a reputable third party.

2.2 ML EXPRESS will exercise professional care and skill in regards to the provision of services; and when applicable, you agree to furnish ML EXPRESS with the necessary information, documentation and assistance required for us to perform those services to ensure compliance with the laws, regulations and terms outlined herein. Said information is deemed confidential property and will not be sold, rented or licensed to any third party.

2.3 ML EXPRESS agrees to manage, at its own expense, all data and other electronic/automated systems necessary for the storage and transmission of customer information. This includes tracking of shipments on the ML EXPRESS website. Some third party data resources may be accessed to furnish tracking information on the ML EXPRESS website, and as such, ML EXPRESS will not be liable for the accuracy of some displayed information.

2.4 To assist users in other locations who may speak a different language, the ML EXPRESS website content may be translated, in whole or in part, into a different language. ML EXPRESS cannot guarantee the accuracy of such translations and users must be responsible for evaluating and validating the accuracy of any translated content in their respective language(s). And should the ML EXPRESS website contain any translations powered by Google, Google disclaims all warranties for reliability and accuracy, both express or implied.

2.5 The ML EXPRESS website may contain links to third party sites and resources and as such, ML EXPRESS cannot guarantee the availability and accuracy of these third party sites in regards to the content, products and services offered by those third parties. Third party sites are also subject to different terms of service and privacy policies. Any third party links on the ML EXPRESS website does not constitute an endorsement by ML EXPRESS of their products and services.

2.6 Given the nature of the Internet, ML EXPRESS cannot guarantee continuous uptime, i.e. uninterrupted access and availability of the ML EXPRESS website and booking system. ML EXPRESS may carry out technical and maintenance measures from time to time to upkeep and improve the features and functionalities of the site. In view of capacity limits, ML EXPRESS may restrict access to the website temporarily, if deemed necessary, while necessary improvements, modifications or enhancements are made to increase the capacity, security and integrity of our servers.

3. Updates and Modifications of Terms

3.1 ML EXPRESS reserves the right to update or modify these terms at any time at its discretion without prior notice.

3.2 The “Last Updated” date at the top of this page shall be revised accordingly in the event of any new updates or changes to these terms.

4. Account Registration

4.1 New users must sign up and register an account (“ML EXPRESS Account”) in order to gain access to certain features on the ML EXPRESS website, such as booking a shipment or making payment for their bookings. If you are registering an account for a business, company, organization or any other legal entity, you agree and acknowledge that you have the authority to do so and any representations made shall be legally binding upon that entity.

4.2 The ML EXPRESS sign up or registration process can be done using an email address and creation of a password; via certain third party social networking services, such as Facebook or Google (“SNS”); or through a direct messaging service such as WhatsApp.

4.3 You agree to provide accurate and up-to-date information during the sign up or registration process.

4.4 You must verify your account by clicking on the link in the verification email sent.

4.5 You shall be responsible for maintaining the security and confidentiality of your ML EXPRESS account credentials. And under no circumstance shall you disclose your credentials to a third party. If you discover any suspicious transactions/activities, or have any reason to suspect that your credentials have been stolen, lost, misappropriated by a third party, or compromised in any way, you must notify ML EXPRESS immediately. By default, you are liable for all activities conducted through your account, unless you have evidence that such transactions were unauthorized or you were not otherwise negligent (such as disclosing your credentials to a third party or failure to report any suspicious activities upon discovery).

5. Intellectual Property

5.1 The ML EXPRESS website and its content, as well as any other intellectual property, in part or in its entirety, including, but is not limited to, trademarks, patents, copyrights, marketing, promotional or advertising materials is the sole and exclusive property of ML EXPRESS , and/or its licensors and authorizing third parties.

5.2 You will not exploit, replicate, plagiarize, distribute, license, transfer, trade, sell, broadcast, publicly display, transmit or prepare derivative works of any content, logos, copyright, trademark or associated proprietary rights contained in the ML EXPRESS website, unless you are the legal and rightful owner of certain content, or otherwise expressly permitted in writing.

5.3 Any logos, trade names, service marks or any other proprietary designations of third parties incorporated in or accompanying the ML EXPRESS website are for identification purposes only and shall remain the property of their respective owners.

5.4 ML EXPRESS respects copyright law and expects its users to do the same. If you have reason to believe that any content available on the ML EXPRESS website infringes any trademarks or copyrights you own, do notify us accordingly.

6. Payment and Service Fees

6.1 “Service Fees” refer to freight or postage/shipping charges which are calculated automatically when you request a quotation or displayed at checkout when booking a shipment. This amount is the greater of volumetric or actual weight. Service fees include top-up payments for under-declaration of parcel weight and dimensions, as well as any additional costs incurred in returning a shipment during weight disputes (as outlined in section 6.5). Service fees exclude any custom duties or import taxes that should arise upon shipment arrival at their destination country.

6.2 All services fees have to be pre-paid unless stated otherwise. ML EXPRESS reserves the right to withhold or terminate any services should you fail to make payments or if there are insufficient funds in your ML EXPRESS account.

6.3 ML EXPRESS resumes no responsibility for any shipment delays or extension in processing times arising from your failure to pay.

6.4 Any service fees displayed (including any service tax if applicable) is subject to revision from time to time at the sole discretion of ML EXPRESS . Any fee revisions/amendments shall not affect any prior bookings made before the effective date of revision.

6.5 ML EXPRESS reserves the right to re-weigh or re-measure a parcel in order to confirm the weight and dimensions declared by users. In the event that there is a discrepancy or under-declaration, where an additional or top-up payment is required, users are liable for the additional payment. Failure to reimburse ML EXPRESS for the additional payments will result in the return of shipment back to the sender, where the shipper shall be responsible for any return/redelivery fees, including freight charges, storage fees, taxes owed, or any miscellaneous expenses incurred by ML EXPRESS that are directly related to returning the shipment.

6.6 Shipments with weight disputes or discrepancies shall be placed on hold until the sender makes the additional payment required. In the event of an unresolved weight dispute, shippers may arrange for a self-collection of the parcel or request that the shipment be returned at their own expense. ML EXPRESS reserves the right to dispose or discard any unclaimed parcels over 30 days.

6.7 All shipping rates quoted are nett, except for the following:
(a) Address amendment fees;
(b) Shipment return charges;
(c) Custom duties and taxes;
(d) Emergency surcharges (if applicable);
(e) Out of coverage surcharges for remote areas and postcodes (if applicable)
(f) Special handling surcharges (for bulky items and shipments containing lithium batteries)

6.8 Any service fees paid are non-refundable.

7. Dangerous Goods and Prohibited Items

7.1 Any items classified as Dangerous Goods and/or Prohibited Items, shall be rejected and deemed unacceptable for shipping. You are responsible for ascertaining whether or not the nature of your item(s) constitute Dangerous Goods and/or Prohibited Items, as well as identifying, understanding, and complying with all laws, rules and regulations which apply to you.

7.2 For the purposes of this Agreement, “Dangerous Goods” include but is not limited to any hazardous substance or material, hazardous waste, radioactive material or waste, medical waste, ecologically hazardous waste, or any other substance whose transport, storage, handling or disposal are regulated by law due to such substance’s designation or classification as “dangerous” or “prohibited” pursuant to such law.

7.3 ML EXPRESS reserves the right to refuse, withhold, segregate, destroy, discard or dispose of any items under suspicion of posing a risk to health, safety, property or the environment, in whole or in part, as directed by the relevant authorities in accordance with the laws and regulations of the country.

7.4 ML EXPRESS is not liable for any losses suffered by the shipper (whether directly or indirectly), as well as claims in damages or shipment delays as a result of the parcel being deferred, detained, withheld, returned to the sender, or was left unprocessed because it contained any Dangerous Goods and/or Prohibited Items. Any shipping fees paid would also be non-refundable and any associated compensation claims will be void.

7.5 Any return shipping fees incurred by ML EXPRESS to deliver the refused shipment back to the sender shall be borne by the sender.

7.6 ML EXPRESS is indemnified from and against any legal charges, losses, damages, claims, expenses, fines, penalties, or other expenses in respect of dangerous goods to the extent that such legal charges, losses, damages, claims, expenses, fines, penalties, or other expenses arose out of the dangerous nature of such items.

8. Insurance

8.1 The ML EXPRESS Insurance coverage insures a parcel and its contents against theft, non-arrival, damage or loss from any external causes while in transit to, or from, premises utilized by the insured and in the care, custody, or control of carriers.

8.2 It is warranted by the insured that all parcels under this coverage will be shipped in accordance with all regulations of ML EXPRESS and any amendments thereof. The maximum amount claimed shall not exceed the commercial invoice value of the property lost, stolen, destroyed, or damaged. The maximum insured sum is capped at RM 200 per parcel, for high value parcels, additional insurance is highly recommended.

8.3 Policy exclusions:
(a) Flowers, plants, fine art, cotton, fresh foods, live animals, precious stones and metals, cash in transit, cigarettes, eggs, personal goods, specie, securities and other negotiable papers, bulk products, laptop computers, computer chips and similar memory devices (MP3 players, etc.) televisions and mobile phones;
(b) Loss, damage, or non-arrival of any parcel or the contents of the said parcel which is:
i. addressed, wrapped or packed insufficiently, incorrectly or contrary to the packaging requirements of the carrier being used by the insured or;
ii. bears a descriptive label packaging describing the nature of the parcel’s contents

(c) Merchandise shipped in consignment, memorandum, or approval unless shipped in fulfillment of and order or request;
(d) Any parcel containing personal goods to accommodate an employer or employee;
(e) Any parcel shipped using only the original manufacturer’s packaging unless the loss occurs while being shipped for the first time on a pallet from the original manufacture;
(f) Losses or claims caused by infidelity, dishonesty, or any overt act on the part of the insured, associate in interest, and/or any of the insured’s employees, whether occurring during hours of employment or otherwise, or on the part of custodians (common carriers excepted), or the property insured, unless specifically endorsed herein in writing;
(g) Loss resulting from inherent vice, decay, clean-up costs, loss of market, loss of use, latent defect, delay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether arising out of a peril insured against;
(h) Loss arising from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes. This includes any shipment sent to someone who attempted to obtain the product by trick, false pretense, or other fraudulent schemes, which is intercepted prior to delivery and being returned to the sender. In the event of a fraudulent or unauthorized transaction, it is hereby understood and accepted that it would not be possible for ML EXPRESS to confirm receipt/non-receipt of the shipment. In addition, a signed and dated statement from the intended recipient is also not possible since it was not a legitimate order to begin with. In other words, coverage would not be in effect if the shipment had been the result of a fraudulent order.
(i) Loss or damages caused by or arising out of:
i. hostile or warlike action in times of both peace and war, including action hindering, combating, or defending against an actual impending or expected attack;
ii. any weapon of combat employing atomic fission/fusion or any other radioactive force in times of both war and peace;
iii. insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade
(j) Nuclear Exclusion – Notwithstanding anything herein to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or resulting from, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination, no matter what its cause.

8.4 Excluded countries: Afghanistan, Angola, Belarus, Bolivia, Burundi, Central African Republic, Cuba, Democratic Republic of Congo, Iran, Iraq, Ivory Coast (Côte d’Ivoire), Lebanon, Liberia, Libya, Mali, Myanmar (Burma), Nicaragua, Nigeria, North Korea, Paraguay, Somalia, Sudan, Syria, Venezuela, Yemen, Zimbabwe, and any other country that is or may become Embargoed by the United States or United Nations as sanctioned by the Office of Foreign Asset Control.

8.5 Non-delivery claims for international shipments can only be filed after fifty-five (55) days from the ship date. If damaged, the insured may file a damage claim immediately. All packaging material of the damaged goods must be kept in its original form as when it was first received. Packaging and damaged goods should not be disposed of or discarded before a claim is completed, as photographs may still be required. Failure to hold damaged property until a claim is fully resolved will result in the claim being denied.

8.6 All claims must be filed within 30 days from shipment booking date to be honored.

8.7 Any concealed damage must be reported within fourteen (14) days from the date of receipt. Discovery of loss or damage occurring 14 days or later after final delivery would be taken to have occurred while the shipment was not in transit, and as a result, would not be covered under the policy. Failure to report concealed damage within this time frame will result in non-coverage.

8.8 The insured will submit a completed online claim form, provide a copy of the original invoice to the consignee or original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee or recipient, proof of damage if applicable and any additional documentation requested to substantiate the loss. The insured will have one 180 days from the shipment date to furnish any required documentation requested by ML EXPRESS to substantiate their claim. And in the event that the insured fails to provide the necessary documentation required within 180 days from the shipment date, the insured’s claim will be denied.

8.9 Insurance coverage is extended to the declared value of the goods, excluding shipping charges, handling fees, surcharges, or insurance premiums paid.

8.10 Any covered loss will be promptly credited to the sender’s account after the claim has been approved by the Underwriters in accordance with all terms and conditions of this coverage, unless property is replaced, at the option of the Underwriters, with like kind, function, and quality.

9. Booking Modifications, Cancellations and Refunds

9.1 Users may cancel their shipment bookings for a full refund, as long as the shipment status has not changed from “Request Received” or or consignment note is generated. This refund would be a credit into the user’s ML EXPRESS account/wallet. If, however, the shipment status has already changed from “Request Received” or consignment note is generated, that means the booking has already been processed and any shipping and/or insurance fees paid would be non-refundable.

99.2 Existing wallet balances can be withdrawn upon request, subject to management approval.

9.3 The consignor or assigned proxy will have to be at the collection address during the stipulated pickup time. Riders or courier staff will attempt to contact the consignor upon arrival for parcel pickups. If the first pickup fails due to: (a) absence of the consignor or proxy; (b) consignor or proxy is not reachable by phone despite reasonable efforts to make contact; (c) insufficient or ambiguous documentation (failure to print our clear shipping label and invoice); (d) improper or insufficient packaging etc., then the consignor is liable to contact ML EXPRESS to reschedule a second pickup. Any service fees or charges associated with a second pickup shall be borne by the consignor. This amount must be prepaid in full before a second pickup is arranged. ML EXPRESS shall not be liable for any shipment delays if the pickup failure was due to the consignor’s negligence. Any shipping and insurance fees paid for the uncollected shipment is not refundable.

10. Disclaimers

10.1 If you choose to use the ML EXPRESS website or rely on its contents, you agree to do so voluntarily at your sole discretion. The ML EXPRESS website and its contents are provided “as is'', without warranty of any kind, both express and implied.

10.2 Advice of Counsel. You agree that you have had ample opportunity to consult with an attorney or legal professional of your choosing before accepting these Terms, as well as understanding the relevant rules, regulations and laws which may be applicable to the shipment of your parcel(s). And as a result, you are not relying upon any statement of law or fact made by ML EXPRESS , including its website and all of its contents.

10.3 Delivery Time Frame. This is an average duration only based on our estimates and is subject to the destination country’s partner efficiency, political climate, adverse weather conditions etc. Normal Duration within 14 days, special condition duration within 30 days.

11. Indemnification

11.1 To the maximum extent permissible by law, you agree to indemnify, release, defend and hold ML EXPRESS and its subsidiaries and affiliates, including but not limited to, its officers, directors, employees and agents (if any), harmless from and against any losses, damages, claims, liabilities, injuries, fees and expenses (including both legal and accounting outlays), arising out of or in any way connected with, both directly or indirectly, with:
(a) your reach of these Terms;
(b) your improper use of the ML EXPRESS website and/or any of its products and services;
(c) your breach or any laws, rules, regulations or third party rights, whether compensatory, direct, incidental, consequential or otherwise.

12. General Provisions

12.1 Force Majeure. ML EXPRESS will NOT be in default of its duties and obligations to users to the extend that performance of its obligations, or attempts to cure any breach, are delayed or prevented by reason of circumstances beyond its reasonable control, including, without limitation, delays caused by third parties, strikes, fire, natural disasters, earthquake, accidents, pandemics, terrorism, or other Acts of God (“Force Majeure”). This is provided that ML EXPRESS gives written notice of any such Force Majeure within fifteen (15) days after the discovery of the Force Majeure, and further provided that it acts in good faith and demonstrates commercially reasonable efforts to cure the Force Majeure. If there is a Force Majeure, the time for performance or cure will be extended for a period equal to the duration of the Force Majeure.

12.2 Severability. If any provision in this set of Terms and Conditions is found to be invalid or unenforceable under judicial decree or decision, the remainder shall remain valid and enforceable accordingly. Without limiting the previous, it is expressly understood and agreed that each and every provision of these Terms that provide for a limitation of liability, disclaimer of warranties, indemnity, confidentiality, and/or exclusion of damages is intended to be severable and independent of any other provision and to be enforced as such. Further, it is expressly understood and agreed that if any remedy under this Agreement is determined to have failed of its essential purpose; all other limitations of liability and exclusion of damages set forth in these Terms shall remain in full force and effect.

12.3 Cumulative Rights. Any specific right or remedy provided in these Terms shall not be exclusive but shall be cumulative upon all other rights and remedies set forth in this section and allowed under applicable law.

12.4 False Declaration. It is the shipper’s responsibility to ensure that any declarations made pertaining to the item description, content(s) and HS Code of each parcel is accurate and truthful, under penalty of perjury. Any false or misdeclaration resulting in fines, penalties or imprisonment shall be borne by the shipper. The shipper acknowledges that ML EXPRESS shall not be liable for any shipment delays or extension in processing times resulting from the shipper’s false, fictitious or fraudulent statements. Any fraudulent declarations will result in the shipper and/or consignee liable being for any prosecution for mail fraud. And where insurance is concerned, should the insured and/or shipper submit a false, fictitious or fraudulent claim, any associated claims shall be denied.

12.5 Attorney Fees. If either party is required to retain the services of an attorney to enforce or otherwise litigate and/or defend any matter or claim arising out of, or in connection with these Terms, then the prevailing party shall be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including, without limitation, attorney fees, arbitration costs, court fees etc.) incurred in the proceeding.

12.6 No joint venture, partnership, employment, or agency relationship exists between you and ML EXPRESS from your use of the ML EXPRESS website and service, or as a result of these Terms, unless expressly agreed otherwise in writing.

12.7 Rights of Refusal. ML EXPRESS reserves the right to refuse a consignment for any given reason, such as, but not limited to, insufficient packaging, false declaration of parcel contents, consignment being too large or over the weight limit, contains Dangerous Goods and/or Prohibited Items etc. ML EXPRESS also has the right to refuse and terminate any shipment bookings/orders and users from our system if deemed appropriate at its sole discretion.

12.8 Shipment Labels. Only shipping labels and invoices generated from the ML EXPRESS dashboard is acceptable for pick-ups and delivery. Both documents must be printed out clearly and attached onto the parcel. In the event that any or both the said documents are absent, or are ambiguous and fail to be read by our scanners, ML EXPRESS reserves the right to reject the shipment. Under no circumstances shall ML EXPRESS be liable for any shipment delays or non-delivery caused by user’s negligence to print out clear and unambiguous shipment labels. A copy each of the shipping label and invoice is only valid for one parcel or shipment. Sharing of one shipping label and invoice for multiple parcels or shipments is strictly prohibited.

12.9 Customs Clearance. Any fees paid when booking a shipment are prepayments for shipping charges and insurance coverage (if applicable) only. ML EXPRESS has no control over any custom queries or duties/taxes which may arise upon arrival of any parcel at its destination. ML EXPRESS is not liable if a parcel is being held or detained at customs for any reason. Any custom charges, taxes and duties have to be paid to the local customs department by either the sender or recipient before or upon delivery. ML EXPRESS reserves the right to pass on these charges directly to the sender or person/company that booked the shipment. In the event of non-payment of customs duties/taxes and the shipment is returned, all costs incurred in returning the shipment shall be borne by the sender. You agree that it is the sender’s responsibility to identify if your shipment will incur customs duties and taxes, and if so, in what amounts, before booking your shipment with us. And if, for any reason these charges become due on your behalf while acting as your carrier and are charged to us by any competent authority, you agree to reimburse ML EXPRESS in full within 5 working days.

12.10 Returns. In the event a shipment is returned due to unforeseen circumstances, e.g.: refusal of acceptance by the recipient, failure to clear customs at origin or destination country, incomplete receiver address, receiver is uncontactable, refusal to settle outstanding import duties/taxes, failure to provide documentation required by customs etc., all costs incurred in returning the shipment shall be borne by the sender. Parcels unclaimed/unattended for an extended period may be returned to the country of origin at the discretion of the destination postal partner or customs. Upon successful dispatch, all postage fees paid shall be non-refundable in the event of unforeseen returns beyond our control. All shipments are subject to local import/export rules and regulations. ML EXPRESS is not liable to intervene pertaining to the release of an article as this would fall under the jurisdiction of local customs or government entities.

13. Account Closure

ML EXPRESS users who wish to cancel or close their account with us are liable to settle any outstanding dues, including but not limited to, unpaid shipping and service fees, dispute and arbitration fees (if applicable), administration fees etc. as invoiced upon termination.