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Terms & Conditions

When using Diolko’s services, you as the Sender, are agreeing, on your behalf and on behalf of the Recipient and anyone else with an interest in the Parcel that these General Terms and Conditions shall apply.

1   Definitions

1.1   “Diolko” means the company Diolko Logistics Malaysia Sdn Bhd, a company incorporated in Malaysia;

1.2   “Delivery Service” means the delivery or logistics services provided by Diolko to the Sender to deliver the Parcel.

1.3   “Parcel” means all documents or parcels that you, as the Sender, wish to deliver to the Recipient.

1.4   “Recipient” means the recipient of the Parcel.

1.5   “Sender” means you, the person using this Delivery Service.

1.6   “Working Day” means a day (other than a Sunday or gazetted public holiday) in the country in which the Delivery Service takes place.

2   Services

2.1   Unless otherwise agreed in writing between the Parties, the Delivery Service is provided to you in your personal capacity, and you shall not resell the Delivery Service to any other person.

2.2   Diolko reserves the right to engage third parties to perform any part of the Delivery Service on its behalf.

2.3   The Sender shall use the Delivery Service only for the purpose of placing the delivery orders in a legitimate and lawful manner.

2.4   Diolko does not at any time hold title in or ownership of the Parcel.

2.5   Types of Delivery Services, unless otherwise agreed upon, will consist of:

  1. Standard: delivery of the Parcel within 36 hours at any time between 9.00 am to 10.00 pm.
  2. Express: delivery of the Parcel within 18 hours at any time between 9.00 am to 10.00 pm.

2.6   Delivery Service is considered to have commenced when the Parcel is collected from the Sender and the Sender’s signed acknowledgment has been recorded electronically

2.7   Delivery Service is considered to have been completed at the earlier of the following scenarios: (A) when the Parcel has been delivered to the Recipient; (B) when the Parcel has been returned to the Sender after two failed attempts at delivery to the Recipient; or (C) when the Parcel (or any part thereof) has been lost or damaged.

2.8   Electronic confirmation from the Recipient is proof of the Delivery Service having taken place.

3   Pricing

3.1   The Sender shall pay Diolko for the Delivery Service according to the relevant fees or charges set out in the Rates Card, which is available upon request. For the avoidance of doubt, there may be other fees applicable, including but not limited to applicable storage fees or insurance fees which may be invoiced to the Sender, separate from and in addition to the fees set out in the Rates Card.

3.2   Diolko retains the right to revise such fees or charges at any time for any reason whatsoever (including government obligations, higher costs, or internal commercial targets) upon providing you with 30 days’ prior written notice. Diolko is under no obligation to provide any reason for such revision.

3.3   Diolko retains the right to charge additional fees (not limited to those referred to in Clause 3.1 above), including if the Sender provides wrong or incomplete order information (including delivery address or identity of Recipient).

4   Payment

4.1   The Sender shall pay agreed fees to Diolko on a monthly basis, and no later than 15 Working Days from the date it receives the monthly invoice from Diolko.

4.2   If the Sender fails to pay the agreed fees in full within the prescribed period in Clause 4.1 above, Diolko shall be entitled to: (a) suspend or cancel the Delivery Service provided to the Sender; and (b) charge a late payment interest of 5% per annum on such unpaid amount from the date immediately following the due date until the date on which the Sender has paid all outstanding dues and all accrued interest.

4.3   Diolko reserves the right to request a deposit from the Sender which can be applied to overdue outstanding invoices as a condition to providing the Delivery Services.

5   Conditions for Delivery Service

5.1   Diolko may refuse acceptance of Parcels as part of the Delivery Service if any of the following cases applies:

    5.1.1   Sender’s request does not comply with our Terms of Service;

    5.1.2  Sender provides wrong or incomplete order information (including delivery address or identity of Recipient);

    5.1.3   The Parcels are not suitable for transport;

    5.1.4   The transport may violate laws and regulations; or is detrimental to public order, or injurious to public morals;

    5.1.5   The package or item are of the following items:

      1. Explosives or other hazardous materials or any similar packages that are likely to cause damage to other packages;
      2. Packages specifically determined by Diolko to be unacceptable, including but not limited to combustible, inflammable, poisonous and toxic materials, livestocks, dogs, cats, little birds, guns and swords etc.

6   Sender’s Warranties

6.1   The Sender hereby represents and warrants to Diolko that:

    6.1.1   it is the owner (whether legal or beneficial) of the Parcel, or is duly authorized to engage the Delivery Service in respect of the Parcel;

    6.1.2   the Parcel was properly packaged and handed over to Diolko in a secure manner without any unauthorized interference;

    6.1.3   it has complied with all applicable laws and regulations in relation to the nature, condition, packaging, handling, storage and transportation of the Parcel, and is not in violation of any of the provisions stipulated in the ASEAN Framework Agreement on Handling the Package of Goods in Delivery (Protocol 9) or any other applicable laws;

    6.1.4   it has complied with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations;

    6.1.5   it has obtained all necessary consents in relation to personal data provided to Diolko including the Recipient’s data as may be required for delivery, such as email address and mobile phone number;

    6.1.6   all information provided by the Sender or its representatives to Diolko is true, complete and accurate;

    6.1.7   its use of the Delivery Service is legitimate, and the Sender will not deceive Diolko to enrich itself by any means (fraud or otherwise), including through events, promotions or campaigns conducted by Diolko; and

    6.1.8   it shall assist Diolko in the event of any regulatory investigations.

7   Indemnity and Liability

7.1   Diolko will provide compensation only for the damaged or lost item(s) of the Parcel, and not for the entire Parcel.

7.2.  Unless the Sender purchases insurance separately from Diolko, Diolko aggregate liability arising out of or in connection with the Delivery Service shall not exceed RM 400 or the parcel value, whichever is lower, subject to applicable laws.

7.3   Diolko is not liable for any damaged/lost/undelivered Parcels arising out of circumstances beyond its control. This includes:

    7.3.1   the Sender violating any applicable laws and/or the Parcel being confiscated by any governmental or regulatory authorities;

    7.3.2   any “force majeure” events, such as natural disasters, explosions, wars, riots, strikes or forms of civil unrest, outbreaks of diseases, traffic obstructions, or mechanical breakdown;

    7.3.3   breach of the Sender’s Warranties in Clause 6 above; and

    7.3.4   inaccurate or false information provided by the Sender in connection with the Parcel (e.g. nature of Parcel, origin of Parcel, Recipient’s address, etc.).

7.4   Diolko will only acknowledge loss and damage claims that are submitted either within 30 days after the order was created or within 7 days after successful delivery of the Parcel.

7.5   The Sender will receive the agreed compensation within 7 Working Days from such time as the parcel has been declared lost or damaged by Diolko and in any case no longer than 30 days from the submission of any such claim by the Sender.

7.6   The Sender shall indemnify Diolko in full and hold Diolko harmless from any and all claims, losses, damage, lawsuits, judgements, including legal fees and costs, or damage or confiscation of other shipments, that may arise due to or as a result of a breach of any of the Sender’s Warranties in Clause 6.

8   Personal data and privacy

8.1   The collection, use, storage and transfer of your personal data are generally subject to our privacy policy stated in the privacy statement, which you can access via diolko.com/privacy. Our privacy policy, as may be amended and updated from time to time at our sole discretion, is incorporated by reference into these General Terms and Conditions..

9   Claims

9.1   Any claims for damage to and/or loss of the delivery Item must be made within seven (7) days from the date on which Diolko accepts for the delivery Item for delivery, failing which Diolko shall have no liability whatsoever.

9.2   All claims must be made in writing, accompanied by the original invoice and other supporting documents requested by Diolko and submitted by email to claims@diolko.com and by post to Diolko’s office:

Diolko Logistics Malaysia Sdn. Bhd.
S-03-23 Emporis Kota Damansara, Persiaran Surian
47810 Petaling Jaya

9.3   Claims are limited to one claim per delivery Item, settlement of which shall be full and final settlement for all loss or damage in connection therewith.

9.4   Provided that Diolko is satisfied that your claim is justified, Diolko’s liability for any loss or damage of the delivery item shall be limited as set out in Clause 7

9.5   Diolko is not obliged to act on any claim until all the fees and/or transportation charges in respect of any delivery item have been paid. The claim amount may not be deducted from the fees and/or these charges or from any outstanding balance owed to Diolko by you under any services provided to you.

10   Modification of Terms and the Services

10.1   We reserve our rights to change any of these General Terms and Conditions, and the revised Terms will be binding on you upon posting on our website. We also reserve the right to change, suspend or discontinue our Services by posting a notice on our website, which also shall be binding on you upon posting.

11   Governing law and jurisdiction

11.1   These Terms shall be governed by and construed in accordance with the laws of Malaysia. Both you and us agree to submit to the exclusive jurisdiction of the courts of Malaysia as regards any dispute or matter arising under these Terms.

12   Diolko Contacts & Complaints

12.1   Diolko will remain contactable for all enquiries, whether from the Sender or the Recipient, through its email or its call centre on any Working Day, based on the following:

13   Supersedence

13.1   This Agreement supersedes all prior agreements and understandings, whether oral or written, in connection therewith.