Bemalas and Belazee is in the business of providing quality of life services, specifically designed to assist Customers in both easing their daily living and enhancing their quality of life.
The following sets forth the general terms and conditions (the “Terms and Conditions”) between Bemalas/Belazee (“Bemalas”) and users of its Website at www.Bemalas.com / www.belazee.com and of its services (collectively with the site, the “Service”). By using the Bemalas Website and/or the Services you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use the Service. Bemalas reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the website with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Service following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.
Terms of payment
Payment must be paid prior to Bemalas rendering the Service. Cost of purchase and third party fees are included in the Service.
- By communicating with Bemalas, the Customer grant Bemalas permission to use any information (save for personal and credit card information), suggestions, ideas, drawings or concepts disclosed for any purpose Bemalas chooses, commercial, public or otherwise, without compensation whatsoever
- The Customer acknowledges and understands that Bemalas may contract with others as needed to provide the Service. Bemalas shall use its best efforts to obtain qualified providers of such services and/or items, but Bemalas does not guarantee the quality of service and/or items provided and/or sold by third parties and is not and cannot be liable or responsible in any manner for any loss, damages or claims arising by any unsatisfactory services and/or items provided and/or sold by any company, agency, business, services, individual or professional referred by Bemalas. Although Bemalas may suggest or refer a particular business or professional, it is the Customer’s sole responsibility to determine if that company, agency, business, services, individual or professional is satisfactory for the Customer’s need or purposes. Example: damage by dry cleaners, workmanship and quality of items purchased, cold or tasteless food.
- Bemalas agrees to provide conscientious, competent and diligent services for it’s Customer and make reasonable effort to protect property entrusted to it. Bemalas does not assume responsibility for slow traffic, long lines or other circumstances out of it’s control which might make the errand longer than expected or the items purchased from third parties unsatisfactory hence the time of delivery is not of the essence and form no part of this agreement. Notwithstanding anything to the contrary, Bemalas reserves the right to make recompense at it’s sole and absolute discretion provided that the error or ommission was due to it’s own negligence.
- Bemalas shall not be liable for any breach of the Terms and Conditions caused by an act of God, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of Government or other local authorities, industrial disputes of any kind, fire, lightning, explosions, flood, landslides, subsidence, inclement weather, acts or omissions of persons or bodies for whom Bemalas is not responsible or any other cause whether similar or dissimilar outside of Bemalas’ control.
Upon the happening of any one of the events set out in Clause 2.4 Bemalas may at its option:-
- fully or partially suspend delivery/performance while such event or circumstances continues; or
- terminate any contract so affected with immediate effect by written notice to the Customer and Bemalas shall not be liable for any loss or damage suffered by the Customer as a result thereof.
- Bemalas will not buy, transport or help facilitate illegal items or services.
- Bemalas may, but are not obligated to, open and inspect any package, item or product at it’s sole discretion and without prior notice. Bemalas may refuse delivery of such item as Bemalas may deem as damaged or fragile unless previously declared in which the Customer agree that the original charges associated with the task will remain due and payable.
- Items such as alcohol, tobacco, prescriptions other legally/regulated products must be delivered to the person who contracted the Service. By contracting the Service, the Customer implies that they legally possess the product.
- If the task requested by the Customer requires access to a business or residence, arrangements must be by the Customer to allow Bemalas access to the property at the scheduled time.
Cancellation and re-delivery
- Cancellations must be made at least 24 hours prior to your scheduled appointment provided Bemalas has not performed any part of the Service in which case the Customer will not be entitled to cancel and obtain a refund of the monies or any part thereof. Bemalas shall be entitled to impose a minimum of 50% of the total amount of the monies paid as administrative fees, in addition to the transaction fees charged by the charge and/or credit card company and/or financial institution. The balance after deduction of the administrative fees and the transaction fees will be refunded to the Customer.
An “undeliverable” item is one that cannot be delivered for any of the following reasons:
- The Customer cancels delivery after the driver has been dispatched to the origin address.
- The item is not ready for pick up at the origin.
- The item is not made available for the delivery driver upon pick up.
- The Customer cancels delivery upon arrival by delivery driver.
- The recipient’s address cannot be located.
- The item’s content or packaging is damaged to the point where re-wrapping is not possible.
- The item delivery or carriage is prohibited by law, statute or regulation.
- The recipient’s place of business is closed.
- The recipient is not at a delivery location on the initial delivery attempt or reattempts.
- The item was improperly packaged for blood or diagnostic specimen contents.
- If an item is undeliverable for any reason, Bemalas will attempt to notify the Customer to arrange for its return and the charges associated with the original task shall remain due and payable within. For return or re-delivery, it will be considered a new service and a rate equal to the original charge will be imposed prior to re-delivery or return. If an item cannot be delivered or returned, the item may be transferred or disposed of by Bemalas in its sole discretion, with or without notice, and the Customer agrees to pay any costs incurred in the disposal.
- An “undeliverable” item is one that cannot be delivered for any of the following reasons:
Responsibility of Customer
- Ensure that the mobile telephone and/or SIM Card is legally owned by the Customer at all times and not tampered with or modified or permit any person to tamper with or modify the mobile telephone, and/or the SIM Card as Bemalas is not liable for any loss or damage suffered by the Customer or any other person as a result of using the Mobile Telephone and/or SIM Card.
- The Customer hereby agrees, allows, consents and has no objection to Bemalas extracting the Short Messaging Service (SMS) details or personal information or any other data required to be used as evidence in court and/ or when necessary in the event of a suspected and/or proven misuse of the mobile telephone and/or SIM Card;
- The Customer accepts full responsibility for all transactions arising from the use of their charge and/or credit card and/or online bank transfer in payment of the Service.
- Bemalas shall not be held responsible or liable for any claims, loss, damage, costs and expenses arising from the successful or unsuccessful processing of the debit due, the exceeding of credit limit, malfunction of the system, electricity failure and/or any other factor beyond the control of Bemalas.
- Therefore for any problems or disputes arising from the processing or debiting it shall be the Customer’s own responsibility to resolve it with their charge and/or credit card companies and/or financial institution (including but not limited to any problem due to breakdown/malfunction/mechanical defect of the computer system or equipment of the charge and/or credit card company and/or financial institution).
Limitation of Liability
The liability of Bemalas, if any, as a result of the Service whether in contract, tort or otherwise, shall not exceed the total charges paid by the Customer during the period of (1) year from the date of this contract. Bemalas will not be liable for damages which are incidental or consequential even if Bemalas has been advised as to the possibility of such damages. Such damages include, but may not be limited to, such items as loss of profits. All claims of any type by the Customer against Bemalas must be brought within one (1) year of occurrence or be forever barred. The remedies expressed in this Agreement are the sole and exclusive remedies available.
Personal Data Protection Policy
In Bemalas, we treat and view our Customer’s personal data seriously.
You may refer to our dual lingual Personal Data Notice in English and in Bahasa Malaysia along with our Security Policy for further information.
The Website may contain links to other web sites not maintained or related to Bemalas. These links are provided as a service to users and are not sponsored by or affiliated with the Service or Bemalas. These websites may have their own privacy statement in place and it is recommend that the Customer review those statements. Bemalas is not responsible for the contents on the linked sites or any use of the sites.
Goods & Services Tax (GST)
- GST will be implemented in Malaysia with effect from 1 April 2015 at the rate of 6%. It will replace the existing sales tax and service tax. Prices of Items and services provided by Bemalas, being GST registered company, will include GST where applicable.
- Please refer to the GST Act 2014 published in the gazette on 19 June 2014 and the GST Regulations 2014 issued on 30 June 2014. GST is under the jurisdiction of the Royal Malaysian Customs Department (“Customs Department”).
Trademarks and copyrights
All intellectual property rights, whether registered or unregistered, in the Website, information content on the Website and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain the property of Bemalas. The entire contents of the Website also are protected by copyright as a collective work under Malaysia copyright laws and international conventions. All rights are reserved.
Applicable law and jurisdiction
The Terms and Conditions shall be interpreted and governed by the laws in force in Malaysia. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Malaysia and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to this Agreement will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Malaysia in English and governed by Malaysian law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Malaysia and is independent of either party. Notwithstanding the foregoing, Bemalas reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.