MYBEST Terms of Service

MYBEST Terms of Service

Introduction and Acceptance of Terms

These Terms govern your access to and use of the Platform operated by MYBEST. By accessing or using the Platform (whether as a User or a Member), registering for an Account, or using any of the Services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Platform or Services. Continuing to access or use the Platform or the Services will be treated as your acceptance of these Terms.

If you are accessing or using the Platform on behalf of an Entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.

Your use of the Platform and the Services is also governed by our Privacy Policy, which explains how MYBEST collects, uses, and processes your personal data. The Privacy Policy is incorporated into and forms part of these Terms. By accessing or using the Platform or Services, you also agree to be bound by the Privacy Policy.

Definitions and Interpretation

In these Terms, unless the context otherwise requires:

“Account” means the registered user account created by a Member through the Platform, whether via the Websites or the App, to access and use the Services.

“App” means the MYBEST mobile application made available for download on the Apple App Store and/or Google Play Store (or other platforms as we may determine);

“Buy-For-Me/Purchasing Service” means the proxy purchase service under which MYBEST assists a Member to place orders with third-party sellers on the Member’s behalf;

“Consolidation” means the combining of two or more Parcels belonging to the same Member into a single shipment for onward forwarding;

“Entity” means any company, partnership, sole proprietorship or other body corporate or unincorporated body registered or operating a business;

“Freight Service” means the service under which MYBEST arranges, coordinates or facilitates the collection, consolidation, warehousing, transportation and delivery of goods by air, sea or land, whether into, out of, or within Malaysia;

“Member” means any person or business entity who has registered for an Account with MYBEST;

“MYBEST” means MYBEST INTERNATIONAL SDN. BHD. (Registration No. 201701010232 (1224397-X));

“Parcel” means any package or consignment of goods (as classified under Clause 5) received, consolidated, forwarded, purchased or handled by MYBEST on behalf of a Member;

“Platform” means the Websites and the App;

"Privacy Policy" means MYBEST's privacy policy referred to in Clause 1.4, as amended from time to time, which sets out how MYBEST collects, uses, and processes personal data;

“RMB” means Renminbi, the lawful currency of the People’s Republic of China;

“RM” means Ringgit Malaysia, the lawful currency of Malaysia;

“Services” means the Freight Service, the Buy-For-Me/Purchasing Service, and any other service made available by MYBEST via the Platform;

“Terms” means these Terms of Service;

“User” means any person or business entity that accesses or uses the Platform without registering an Account;

“Warehouse” means any warehousing facility designated by MYBEST for receiving, consolidating or holding Parcels in the course of providing the Freight Service, including MYBEST’s designated warehousing facility in China, any warehousing facility in Malaysia, and any other warehousing facility designated by MYBEST from time to time, whether in China, Malaysia or any other country; and

“Websites” means mybest.com.my, mybestexpress.com and any other website operated by MYBEST from time to time.

References to Clauses are to clauses of these Terms unless stated otherwise. Headings are for convenience only and do not affect interpretation. References to “we”, “us” and “our” are references to MYBEST. References to “you” and “your” are references to the User or Member and, where applicable, any Entity on whose behalf the User or Member accesses or uses the Platform.

Scope of Services

MYBEST provides the Freight Service and the Buy-For-Me/Purchasing Service to Members. Whichever Service a Member uses, MYBEST takes on the same responsibilities for a Parcel once it is in MYBEST’s Warehouse. This applies equally where MYBEST purchased the Parcel on the Member’s behalf under the Buy-For-Me/Purchasing Service.

MYBEST is not the seller, manufacturer, or quality guarantor of the Parcels, and any dispute as to the quality, condition, or authenticity of the Parcels is a matter between the Member and the relevant seller (where the Member is the buyer) or the buyer (where the Member is the seller) and does not of itself give rise to liability on the part of MYBEST.

Members can access and request the Services through the Platform. MYBEST will provide the Services requested by a Member, subject to these Terms and to availability at the relevant time.

MYBEST may offer additional value-added services, such as inspection, photography, protective or waterproof packaging, unpacking, and sub-packaging. These services are optional and subject to availability. Where MYBEST publishes specific terms, fees or conditions for a particular value-added service on the Platform, those terms apply in addition to these Terms.

Members must comply with these Terms when using the Services. This includes selecting goods that may lawfully be shipped or purchased, and handling and labelling Parcels correctly.

MYBEST reserves the right to modify, suspend or discontinue any Service, in whole or in part, at any time. Where this results from MYBEST's own business decision, MYBEST will give Members reasonable prior notice, and any Service already in progress will, where reasonably practicable, be completed by MYBEST or the fees paid for it refunded.

MYBEST may, as part of its ordinary business operations, open, suspend, or discontinue a specific route, destination, or delivery line, including where a route is no longer commercially viable or is superseded by another route. Where a Parcel already in progress is affected by such a change, MYBEST will use reasonable efforts to resolve the disruption.

Eligibility, Registration and Account

Eligibility

1. You must be at least 18 years of age and have the legal capacity to enter into a binding contract to register for an Account. MYBEST may request proof of age or identity at any time, and may suspend or terminate an Account where a Member is found to be under 18 years of age or to have misrepresented their age or identity.

2. By registering, you represent and warrant that all information provided is true, accurate and complete, and that you will update such information as necessary. MYBEST shall not be liable for any consequence arising from inaccurate, incomplete, or outdated information provided by you.

3. You may access and browse the Platform as a User without registering for an Account. However, registration for an Account as a Member is required to access certain Services or features.

Account Registration

1. Unless otherwise permitted by MYBEST, you may register and maintain only one Account. You may register and maintain more than one Account only where each Account is used for a distinct and legitimate purpose (for example, separate personal and business Accounts), consistent with MYBEST’s billing and e-invoicing practices.

2. MYBEST may require you to verify your email address and/or mobile number as part of the registration process, and may suspend or restrict access to the Services until such verification is completed.

3. Where you register for an Account on behalf of an Entity, Clause 1.3 applies, and you represent that you have the authority to bind that Entity to these Terms.

4. Upon registration, you become a Member and gain access to the Member centre and related Account functions. As a Member, you may be eligible for certain benefits, including referral rewards, birthday offers, and member points, subject to the specific terms applicable to each benefit. MYBEST reserves the right to introduce, modify, or discontinue any such benefit at any time, without any obligation to compensate you for any benefit that has accrued but not yet been used or redeemed, unless MYBEST agrees otherwise.

5. You are responsible for maintaining the confidentiality of your Account login credentials and for all activities conducted under your Account. You must notify MYBEST immediately of any unauthorised use of your Account. You are solely responsible for any loss or damage arising from any unauthorised use of your Account.

6. Your Account is personal to you and may not be sold, transferred, or assigned to any other person without MYBEST’s prior written consent.

App-Specific Terms

1. Where you access the Services via the App, you must own or have the right to use the mobile device on which the App is installed.

2. The App may request certain device permissions (for example, camera, photo storage or notifications) to enable specific features. You may manage these permissions through your device settings; disabling certain permissions may limit your ability to use certain features of the App.

3. Your use of the App is also subject to the terms of the relevant app store from which it was downloaded.

4. MYBEST may from time to time release updates, patches or new versions of the App, which you may be required to install to continue using the Services. MYBEST does not warrant that the App will remain compatible with your device following any update to your device’s operating system, and may discontinue support for outdated versions of the App or operating systems at its discretion.

5. Where you enable push notifications on the App, MYBEST may send you notifications relating to your orders, shipments, Account activity or promotional offers. You may disable push notifications at any time through your device settings; you acknowledge that doing so may affect your ability to receive time-sensitive updates on your Services.

6. Where the App requests access to your device’s location to enable specific features (such as delivery address detection), such data is collected and processed in accordance with our Privacy Policy. MYBEST does not warrant the accuracy of location data provided by your device.

Website-Specific Terms

1. Where you access the Services via the Websites, you must use a compatible browser and maintain a stable internet connection to access your Account and the Services.

2. MYBEST may from time to time update, modify or redesign the Websites, including their layout, design, features or functionality, without prior notice. MYBEST does not warrant that the Websites will remain compatible with every browser or device.

3. MYBEST may provide a browser extension or plugin, such as the One-Click Shipping plugin, to facilitate use of the Services. This is provided as a convenience feature only. MYBEST does not warrant that any such extension or plugin will be compatible with every browser, browser version, or third-party platform, or that it will function without error.

4. Members may enable optional account preferences, such as automatic deduction of payment from the Member’s account balance, or automatic check-in of a Parcel upon receipt at the Warehouse based on courier slip details. Where a Member enables such a preference, the Member is responsible for the consequences of its use. MYBEST is not liable for any error in an automatic check-in record arising from incorrect or incomplete information provided by a third-party courier or logistics company.

Platform Availability And Interruptions

1. You acknowledge and agree that the Platform may be occasionally unavailable due to scheduled maintenance, updates, system enhancements, infrastructure upgrade, repairs or replacements. MYBEST will provide prior notice of such activities where feasible.

2. Unplanned disruptions may occur due to technical issues, cybersecurity threats, or factors beyond our control. In such cases, MYBEST will take reasonable steps to investigate and resolve the issue as soon as practicable to restore access to the Platform.

3. If we have reason to believe that there is likely to be a breach of security, unauthorised use of your Account or misuse of the Platform, we may require you to change your password or we may suspend your Account pending investigation. You shall release and hold us harmless from any and all claims and causes of action arising out of or resulting from any unauthorised use of your Account.

4. To the fullest extent permitted by law, the Platform is provided on an “as is” and “as available” basis, without any warranty of any kind. MYBEST does not warrant that the Platform or any part of it will be error-free, complete, accurate, secure, or free of viruses or other harmful components. Nothing in this Clause excludes or limits any warranty or guarantee that cannot be excluded or limited under applicable law.

Freight Service

Warehouse Receipt and Consolidation

1. A Parcel may be delivered to the Warehouse by the Member, by a courier service, or by a third party on the Member’s behalf.

2. The Member must ensure the Parcel is correctly labelled. Where the Parcel is shipped by a third party, the Member must also ensure that a tracking number is provided where possible. This allows MYBEST to identify and record the Parcel upon receipt. MYBEST is not liable for any delay, misidentification or loss arising from a Parcel that is not correctly labelled or identifiable.

3. Upon receipt of a Parcel at the Warehouse, MYBEST will record the Parcel, notify the Member of its weight, and provide any available photographs of the Parcel. The final weight shall be determined by MYBEST based on the Warehouse’s final packed weight. This final weight is conclusive, except in the case of a manifest error. Members may request Consolidation of multiple Parcels prior to onward forwarding.

Goods

1. General Acknowledgement

The goods contained in a Parcel are an essential part of the Services MYBEST provides. Whether goods may be shipped, and how they are treated in transit, depends on the requirements of the relevant transit jurisdiction. These requirements may change from time to time.

MYBEST may publish a list of prohibited, restricted or sensitive goods on the Platform. This list is for reference only and is not exhaustive. The Member remains responsible for complying with this Clause 5.2, regardless of whether an item appears on the Platform’s list.

Where the Member is unsure whether any goods may be shipped, the Member must consult MYBEST before shipping, consolidating, or requesting forwarding of those goods.

1. Prohibited or Restricted Goods

Members must not ship, consolidate or request forwarding of any goods that are prohibited or restricted under any transit jurisdiction. This includes, but is not limited to, dangerous goods, counterfeit goods, firearms, controlled substances, and goods requiring special import or export permits which have not been obtained.

MYBEST may inspect, open, refuse, detain or dispose of any Parcel suspected of containing prohibited or restricted goods, at the Member's cost.

The Member shall compensate MYBEST for the full amount of any fine, penalty, or charge imposed by any relevant authority, officer, or third party as a result of the breach by Member of this Clause 5.2(b) and pay MYBEST an administrative handling fee of RM1,000, representing a genuine pre-estimate of the costs MYBEST typically incurs in handling such a breach (for example, inspection, storage, disposal, and liaising with customs or other regulatory authorities), and not a penalty.

1. Sensitive Goods

“Sensitive goods” means goods which are not prohibited or restricted under Clause 5.2(b), but which are subject to additional customs, carrier or regulatory scrutiny. This includes, but is not limited to, cosmetics, powders, liquids, and food products.

Sensitive goods must be shipped via a specific handling route (the sensitive goods route) rather than the ordinary shipping route.

A Parcel containing sensitive goods may be detained, seized or confiscated by customs or other authority, or returned by the carrier, if it is shipped via the ordinary route. MYBEST is not liable to compensate the Member for any such loss and costs.

The Member must bear the applicable sensitive goods handling fee and shall compensate MYBEST for the full amount of any fine, penalty, or charge imposed by any relevant authority, officer, or third party in connection with the sensitive goods, together with the shipping fee incurred by any return shipment.

Where a Parcel is detained on suspicion of containing sensitive goods but MYBEST’s inspection confirms that it does not, MYBEST will arrange for the Parcel to be dispatched via the ordinary route.

1. Fragile Goods

“Fragile goods” means goods that are prone or susceptible to damage from compression, impact, vibration, leakage or normal handling during transit.

The Member is responsible for ensuring fragile goods are adequately packaged prior to shipment. Where necessary, this includes requesting the seller to use reinforced packaging.

The Member may also request MYBEST’s wooden-crating or other protective packaging service, as published on the Platform, for an additional fee.

Save where the Member has specifically requested MYBEST’s wooden-crating or other protective packaging service under Clause 5.2(d)(iii), above, MYBEST shall handle fragile goods in the same manner as general goods and shall have no obligation to apply special handling to any item on the basis that it is fragile. MYBEST shall not be liable for any damage to fragile goods arising from packaging that is inadequate or insufficient for the nature of the goods, including where such packaging is provided by the seller in its original condition.

Where the Member has requested MYBEST’s wooden-crating or other protective packaging service under Clause 5.2(d)(iii) above, such service reduces but does not eliminate the risk of damage to fragile goods during transit. MYBEST does not warrant or guarantee that goods packed with wooden-crating or other protective packaging will arrive undamaged, and MYBEST shall not be liable for any damage to such Parcels notwithstanding the use of such wooden-crating or protective packaging.

1. General Goods

“General goods” means goods which are not prohibited or restricted goods, sensitive goods, or fragile goods under this Clause 5.2.

General goods are shipped via the ordinary route, without additional handling requirements.

1. Declaration Accuracy

MYBEST relies entirely on the description provided by the Member when processing, labelling, declaring, and shipping a Parcel. Where a Member provides only a general or non-specific description of the goods, MYBEST is under no obligation to verify, question, or seek clarification of the true nature, composition or classification of the goods, and shall not be liable for any loss, damage, delay, fine, detention, or misclassification arising from the Member’s provision of such a general description.

A Member may misreport or fail to accurately declare the description, quantity, or value of the goods contained in a Parcel. Where this happens, MYBEST is not liable for any loss, damage, delay, fine or detention arising from the misdeclaration. This Clause applies regardless of whether the goods in question are prohibited or restricted goods, sensitive goods, fragile goods or general goods under this Clause 5.

The Member is responsible for ensuring that the goods handled under this Clause 5 are lawfully owned, accurately described and declared. The Member remains responsible for complying with all applicable Malaysian customs, export control, and trade regulations for goods shipped from Malaysia to a destination outside Malaysia. Where MYBEST assists with customs declaration or documentation for such goods, this assistance does not guarantee regulatory clearance or approval.

Shipment and Delivery

1. MYBEST ships Parcels using various routes and channels, including by air, sea or land, depending on the Service, the destination, and the nature of the Parcel. The routes and channels available, and any fees applicable to each, may change from time to time and are published on the Platform. Members are responsible for reviewing the applicable shipping routes, channels and rates published on the Platform before selecting or using a Service.

2. The Member must pay the applicable shipping fee for a Parcel in accordance with the payment methods made available on the Platform. This may include payment through the Member’s account balance, where the Member has topped up the relevant currency in advance, or through any other payment method published on the Platform.

3. MYBEST aims to complete delivery within a time consistent with prevailing industry practice for the relevant Service, route and destination. This does not constitute a specific or guaranteed delivery time or transit time for any Parcel. MYBEST is not liable for any delay arising from flight schedules, customs clearance, customs inspection, or delivery processes, or other factors outside MYBEST's reasonable control. Nothing in this Clause excludes or limits any right that cannot be excluded or limited under applicable law.

4. Certain deliveries under this Clause 5 are carried out by third-party courier or logistics companies and are subject to their respective terms, conditions and operational policies, including those relating to delivery notifications, delivery attempts, upstairs delivery and redelivery.

5. Where a delivery attempt fails or is refused, and a second delivery is required, the Member must pay an additional delivery fee, as published on the Platform.

Parcel Inspection

1. Upon delivery of a Parcel, the Member must inspect the Parcel and its packaging. Where the Parcel is delivered to a third party on the Member’s instructions, that third party must carry out this inspection instead.

2. The Member or third party must note any visible damage, shortage or discrepancy on the delivery receipt, and inform MYBEST accordingly. Where any item is missing, the recipient must not split or dispose of the Parcel, and must retain it in the condition received. Where a shortage in contents is suspected, the recipient should refrain from further unpacking the Parcel until MYBEST has had the opportunity to review the matter, and should retain the Parcel in the condition received.

3. The Member must report any damage, shortage or discrepancy to MYBEST within 24 hours of delivery. This report must include photographs of the outer packaging, the re-weighed weight record taken at the point of delivery, photographs of the missing or damaged contents, and proof of the affected item’s quantity and value. Claims made after this period, or without the required evidence, may be declined. This does not apply where the damage or shortage was not reasonably discoverable upon inspection at the point of delivery.

4. A Member may self-collect a Parcel from the Warehouse or a designated self-pickup site, or designate a third party to do so. Before collection, the Member may submit the collection details via the designated booking function on the Platform. These details must include the collector’s name, vehicle number and contact number. The recipient should inspect the Parcel and raise any damage, shortage or discrepancy with MYBEST at the point of collection. Any issue not raised at that point can still be reported to MYBEST within 24 hours, in accordance with Clause 5.4(c).

Parcel Loss, Damage or Shortfall

Loss of a Parcel in transit is a recognised risk in the freight forwarding industry, arising from factors such as customs clearance, handling, or delivery processes that are not always within MYBEST’s control. This Clause sets out the compensation MYBEST will pay where a Parcel is lost, as defined below.

A Parcel is treated as lost where it was received and recorded by a Warehouse, according to the Warehouse’s records, but cannot subsequently be located, or is delivered with less than what was recorded.

A Parcel is also treated as lost where tracking indicates it was delivered to or signed for by a Warehouse, but the Warehouse has no record of receiving it, and the Member provides a valid signed delivery slip or equivalent proof of the Warehouse’s actual receipt. Without such proof, MYBEST is not required to investigate or pay compensation.

A claim of loss by the Member must be supported by evidence including clear photographs of the Parcel’s contents, outer packaging, the item quantity, proof of value, and, where applicable, the signed delivery slip by the Warehouse. When a claim of loss arises, the Member should raise the issue with MYBEST within 24 hours. MYBEST will investigate the claim within 30 days. If the Parcel is located within the investigation period, it will be returned or redelivered to the Member or its nominated recipient, and no compensation is payable. The claim of loss is treated as resolved.

Where a Parcel is confirmed lost and remains unlocated after the investigation period, compensation is payable as follows:

entire parcel loss —China Warehouse, or shipments to Malaysia: the lower of the value declared by the Member, or 5 times the shipping fee paid, up to a maximum of RMB 600 per Parcel;

partial loss —China Warehouse or shipments to Malaysia: the lower of the declared value, or the shipping fee divided by the Parcel’s total weight and multiplied by 5, up to a maximum of RMB 600 per Parcel; or

Malaysia Warehouse, or export shipments for entire parcel loss or partial parcel loss: MYBEST will first seek compensation from the relevant courier under the courier’s own policy. Where the courier does not compensate, MYBEST’s maximum liability is RM100 per Parcel.

the total shipping fee used to calculate for compensation under this Clause does not include sensitive-goods fees, overweight/oversize fees or other surcharges such as handling fees, inspection fees, insurance fees, warehouse-advanced shipping fees.

MYBEST shall not be liable to compensate the Member for:

goods shipped short by the seller or any third party prior to a Warehouse’s receipt;

loss caused by a domestic courier prior to a Warehouse’s receipt;

damage to a Parcel, whether occurring before or after a Warehouse’s receipt (save where such damage is directly caused by MYBEST’s negligence or fault);

Parcel destroyed following expiry of the free storage period as set out in Clause 5.5(k);

loss of, or damage to, watches, mobile phones, tablets, cameras, computers or other similarly high-loss-rate electronic items, unless the Member has declared the value of the item and enrolled it in the Loss Insurance Scheme; and

fragile items caused by compression or impact during transit.

MYBEST may decline a claim where the Member cannot provide the documents required, or where any document provided is false or inaccurate.

For a shipment comprising a large quantity of items or multiple boxes, the Member should confirm the total number of boxes with the seller before dispatch, to reduce the risk of a missed shipment going undetected.

1. Where a Parcel contains liquid, paint, or other substances that leak or damage another Member's Parcel, the Member responsible must compensate the affected Member.

2. Where a Parcel’s declared value exceeds the prevailing threshold for import duty or tax exemption under the customs rules of any applicable country, and import duty or tax is imposed as a result, such duty or tax shall be borne by the Member, and MYBEST bears no liability in connection therewith.

3. Parcels not collected, or for which forwarding instructions are not provided, within 90 days of arrival at the Warehouse will be treated as abandoned and may be destroyed by MYBEST. MYBEST may destroy the Parcel upon expiry of the 90-day period and shall have no liability in respect of any Parcel.

Optional Loss Insurance Scheme

1. MYBEST may offer an optional Loss Insurance Scheme, or such other insurance made available from time to time. Availability depends on factors such as the type of goods, the destination, and the terms of the applicable insurance policy at the relevant time. The Member acknowledges that not every request can be accepted as it is subject to the terms of the applicable insurance policy and confirmation by MYBEST.

2. To enrol a Parcel in the Loss Insurance Scheme, the Member must, at the point of placing the relevant order:

declare the value of the goods to MYBEST;

sign the Loss Insurance Scheme terms and send MYBEST a photo of the signed document;

wait for MYBEST’s support team to confirm enrolment; and

make payment and proceed with shipment only after enrolment has been confirmed.

1. Insurance cover only takes effect after MYBEST has confirmed acceptance and the applicable premium has been paid.

2. The premium and any handling fee for the Loss Insurance Scheme are calculated based on the declared value and weight of the Parcel, as published on the Platform or communicated by MYBEST at the relevant time, depending on applicable insurance policy.

3. Where a claim under the Loss Insurance Scheme is approved, the insurer will deduct the applicable deductible from the compensation payable to the Member.

4. A claim under the Loss Insurance Scheme must be reported to MYBEST within the stipulated time period, and supported by the documents, set out in the signed Loss Insurance Scheme terms. Where the loss involves theft or suspected criminal conduct, the Member must also provide a police report. The specific claims process and required documents may be updated from time to time and are governed by the signed Loss Insurance Scheme terms applicable at the time of enrolment.

5. Where a Parcel is enrolled in the Loss Insurance Scheme, the Member’s compensation for loss of that Parcel is governed solely by the Loss Insurance Scheme, and Clause 5.5 does not apply to that Parcel.

6. Where the Member or recipient does not comply with the requirements of this Clause 5.6 or the signed Loss Insurance Scheme terms, including the requirement to reject the Parcel at the point of delivery where an item is found missing, the insurer may decline the claim, in whole or in part. MYBEST is not liable for any resulting shortfall in compensation.

Payment of Approved Compensation

1. Where MYBEST approves a claim for compensation under these Terms, MYBEST shall pay the approved compensation to the Member within 30 days after completion of its investigation. Payment may be made to the Member’s account balance or by any other method MYBEST reasonably determines. MYBEST is not responsible for any delay in payment arising from the Member’s failure to supply accurate and complete payment details reasonably requested by MYBEST.

2. Where a claim is approved under the Loss Insurance Scheme, payment timing also depends on the insurer’s own process. MYBEST does not guarantee or control the timing of that payment.

3. The Member agrees that compensation paid under this Clause 5 represents the agreed damages or compensation in full for the loss giving rise to the claim.

Buy-For-Me /Purchasing Service

Nature and Scope

1. MYBEST acts solely as a purchasing intermediary for the Member in respect of the Buy-For-Me/Purchasing Service and relays transaction information between the Member and the relevant third-party seller.

2. MYBEST does not act as the seller of any goods purchased, and the contract of sale for such goods is between the Member and the seller. Where either the Member or the seller acts fraudulently, dishonestly, or in bad faith towards the other, such conduct is a matter between the Member and the seller and does not of itself give rise to liability on the part of MYBEST.

Seller Defaults

MYBEST shall not be liable for any default, non-performance, misrepresentation, fraud or breach of contract by the third-party seller, including but not limited to non-delivery, delayed delivery, supply of counterfeit or defective goods, provision of incorrect logistics or shipment information, or loss of goods in transit prior to the Parcel’s arrival at the Warehouse.

Item Specification Errors

1. The Member is responsible for providing accurate, complete, and unambiguous item specifications, links, and instructions for each purchase requested under the Buy-For-Me/Purchasing Service.

2. The Member should check these details before submitting the request. MYBEST shall not be liable for any loss arising from inaccurate, incomplete or ambiguous item specifications, links, or instructions provided by the Member.

Price and Stock Changes

Prices and stock availability of goods, including any promotions or offers, are determined solely by the third-party seller and may change without notice. MYBEST requires time to process and place each order with the third-party seller, and does not guarantee that any price, promotion, offer, or stock availability shown to the Member at the time of placing the order will still be available or honoured by the seller by the time MYBEST processes or completes the purchase. MYBEST shall not be liable for any price difference, loss of a promotion, or unavailability of stock arising from the time taken to process the order.

Inspection Service

1. The Buy-For-Me/Purchasing Service does not include inspection of the goods. MYBEST may separately offer an optional inspection service, which a Member may choose to enrol in for a specific item.

2. Where MYBEST offers an optional inspection service prior to forwarding, the scope of inspection shall correspond to the specific level selected or requested by the Member. This may range from a basic visual check of the exterior condition and conformity of the item with the Member’s order, to a more detailed inspection such as functional testing, where such enhanced service is offered by MYBEST and selected by the Member. MYBEST shall not be liable for any defect, non-conformity, or issue falling outside the scope of the inspection level actually selected by the Member.

3. MYBEST bears no responsibility for defects, damage, incorrect size or colour, non-conformity with description, or shortfall in the goods purchased under the Buy-For-Me/Purchasing Service.

Returns, Repairs and Disputes

MYBEST is not the seller of the goods. MYBEST does not handle any domestic or overseas return, exchange, repair, or warranty claim, and does not intervene in any dispute between the Member and the seller. Any such request or dispute must be pursued by the Member directly against the seller. Where reasonably possible, MYBEST may facilitate communication or discussion between the Member and the seller, but this does not constitute an obligation on MYBEST’s part to resolve, mediate, or take responsibility for the outcome of any such request or dispute.

Fees and Right to Withhold Parcels

Where the fees payable for the Buy-For-Me/Purchasing Service and the associated shipping fees have not been paid in full, MYBEST shall be entitled to withhold the relevant Parcel until such fees are paid in full.

Delivery Timeline and Delay

1. Delivery timelines for the Buy-For-Me/Purchasing Service, from purchase to the Parcel reaching the Member, depend on factors outside MYBEST’s control, including the seller’s processing time and shipping conditions. MYBEST does not guarantee any specific delivery timeline and is not liable for any delay.

2. Once the Parcel is received at the Warehouse, its onward forwarding and delivery are governed by Clause 5, which applies to the Parcel in the same manner as goods received under the Freight Service.

Fees, Payment and Refunds

Service and Shipping Fees

1. Fees for the Services are as published on the Platform from time to time, or as otherwise quoted to the Member, and are payable in accordance with the payment terms specified at the point of transaction.

2. Where payment of the applicable fee is delayed, MYBEST may withhold commencement of the relevant Service until payment is received and confirmed.

3. Where MYBEST is required to pay any duty, tax, fee, or other charge to a third party on the Member's behalf in connection with a Parcel, the Member must first provide MYBEST with the funds to cover that amount. MYBEST is not obliged to advance any such payment on the Member’s behalf.

Payment Methods

1. Payment may be made via the payment methods made available on the Platform from time to time, including wallet top-up facilities, where applicable.

2. Payment, including any wallet top-up, is only treated as made when MYBEST’s bank account or payment system has received and confirmed the funds. Where a payment gateway, bank, or other intermediary shows a payment or top-up as successful or completed but MYBEST does not receive the funds, the Member is not treated as having paid or topped up, and MYBEST may withhold the corresponding Service, Parcel, goods, or wallet credit until payment is confirmed as received.

Refunds and Cancellations

Save as otherwise provided in these Terms, fees paid are non-refundable once the corresponding Service has commenced, except where required by applicable law or where MYBEST is unable to perform the Service for reasons attributable to MYBEST.

Bank Account

Any refund or payment due to a Member under these Terms shall only be made into the Member’s initial designated bank account (being the bank account registered or designated by the Member at the time of account registration). MYBEST shall not make any refund or payment into any other bank account, regardless of any instruction from the Member to do so, and MYBEST reserves the right to withhold or delay any refund or payment pending verification of the Member’s designated bank account.

Currency and Exchange Rate Risk

Where goods or fees are quoted, purchased, or settled in a currency other than Ringgit Malaysia, any fluctuation in the exchange rate between the time an order is placed and the time payment is settled is borne by the Member. MYBEST does not guarantee any specific exchange rate, and the fees ultimately payable by the Member may vary accordingly.

Prohibited Conduct

A Member must not:

1. use the Platform or Services for any unlawful purpose or in a manner that violates any applicable law or regulation;

2. provide false, inaccurate or misleading information to MYBEST;

3. attempt to gain unauthorised access to the Platform, other Members’ Accounts, or MYBEST’s systems;

4. use the Services to facilitate money laundering, terrorism financing, or any other illicit financial activity; and

5. post, publish, or otherwise make any defamatory, false, or misleading statement about MYBEST (or its officers, employees, or representatives), the Platform and the Services on any social media platform, public forum, review site, or other public communication channel.

MYBEST reserves the right to investigate any suspected breach of this Clause 8 and to suspend or terminate the relevant account pending or following such investigation.

Intellectual Property

All intellectual property rights in the Platform, including its content, design, trademarks and software, belong to MYBEST or its licensors.

MYBEST grants you a limited, non-exclusive, non-transferable, revocable licence to download, install and use the App and Websites on a device that you own or control. Nothing in these Terms grants you any other licence or right in respect of MYBEST’s intellectual property. This licence ends automatically if you no longer use the Platform or when the Member’s Account is suspended or terminated, or if you breach these Terms.

You must not copy, modify, decompile, reverse engineer, or create derivative works of the App or Platform, or circumvent any security or access-control feature.

Goods purchased under the Services may carry third-party trademarks or other intellectual property rights belonging to the seller or manufacturer. MYBEST does not verify or guarantee the authenticity or lawful sourcing of such goods, and is not liable for any claim arising from a Member’s purchase of counterfeit or infringing goods.

Where you submit feedback, suggestions, or comments about the Services, MYBEST may use them without restriction or obligation to you.

Limitation of Liability and Indemnity

General Limitation

1. Where a claim concerns compensation under Clause 5, the compensation payable under Clause 5 is final and conclusive, and this Clause 10 does not operate to increase or otherwise affect it. For any other claim, MYBEST’s aggregate liability to a Member in connection with the Services shall not exceed the total fees paid by that Member for the specific Service giving rise to the claim in the 3 months preceding the event giving rise to the claim.

2. MYBEST shall not be liable for any indirect, special, consequential or economic loss (including loss of profits or business opportunity).

3. Nothing in this Clause 10 excludes or limits any liability that cannot be excluded or limited under applicable law, including any liability for death, personal injury, negligence or fraud.

Indemnity

You shall indemnify and hold MYBEST harmless against any loss, damage, cost or liability (including legal costs) arising from your breach of these Terms, provision of false information, shipment of prohibited or restricted items, or infringement of any third party’s rights, except to the extent caused by MYBEST’s own negligence or breach of these Terms.

Term and Termination

These Terms will be effective when you use the Platform and will continue in effect until terminated by you or by MYBEST.

MYBEST may suspend or terminate a Member’s Account, with or without notice, where the Member breaches these Terms, engages in prohibited conduct under [Clause 8](#clause_9), or where required by law or by a relevant authority. A Member may close their Account at any time by notifying MYBEST, subject to settlement of any outstanding fees or obligations.

Where a User does not hold a Member Account, MYBEST may restrict, suspend, or block that User’s access to the Platform on the same grounds under Clause 11.2.

Termination of an Account does not affect any rights or liabilities accrued prior to termination. Upon termination, all rights granted to you under these Terms will also terminate and you must cease all use of the Platform.

Force Majeure

MYBEST shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond its reasonable control, including natural disasters, fire, flood, epidemics or pandemics, war, civil unrest, strikes, customs delays, or governmental action, or any restriction, suspension, or removal of the App or Websites imposed by an app store, hosting provider, internet service provider, or other third party outside MYBEST’s control.

Statutory Rights and Dispute Resolution

Statutory Rights

Nothing in these Terms is intended to exclude, restrict or modify any right that a Member may have under applicable Malaysian law, including any right to make a complaint to, or seek a remedy before, any competent statutory body or forum, and these Terms shall be read subject to such rights.

Dispute Governing Law and Jurisdiction

Where a dispute arises between a Member or User and MYBEST in connection with these Terms, the party raising the dispute shall first give written notice to the other party setting out the nature of the dispute. The parties shall attempt to resolve the dispute in good faith within 30 days of that notice.

These Terms are governed by the laws of Malaysia. The parties submit to the exclusive jurisdiction of the courts of Malaysia, without prejudice to any right a Member may have to bring a claim before any statutory tribunal or forum of competent jurisdiction.

Amendments to These Terms

MYBEST may amend these Terms from time to time by posting the updated Terms on the Platform together with the date of last update. Continued use of the Platform or Services following such update constitutes acceptance of the amended Terms.

You agree that it shall be your responsibility to review these Terms regularly to stay informed of any updates. If you disagree with any part of these Terms or its subsequent changes or updates, you should discontinue your use of our Platform or Services.

General Provisions

Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

Assignment

You may not assign or transfer any rights or obligations under these Terms without MYBEST’s prior written consent. MYBEST may assign or subcontract any of its rights or obligations under these Terms, including to a third-party logistics provider, courier, or other service provider engaged in connection with the Services, or in connection with a merger, reorganisation, or sale of assets.

Notices

Notices under these Terms may be given by email, in-app notification, or by posting on the Platform, and shall be deemed received upon transmission unless proven otherwise.

Electronic Communications and Signatures

You agree that electronic acceptance of these Terms (including by clicking to accept or continuing to use the Platform) constitutes a valid and binding signature.

Entire Agreement

1. These Terms constitute the entire agreement between you and MYBEST in relation to the Services and supersede all prior agreements or understandings, whether written or oral, on the same subject matter.

2. Any notice, guideline, or policy published by MYBEST on the Platform, including under Member Notices, supplements these Terms but does not override them. Where there is a conflict between these Terms and any such notice, guideline, or policy, these Terms prevail.

Confidentiality

Each party shall keep confidential any non-public business, technical, or commercial information disclosed by the other party in connection with the Services , and shall not disclose such information to any third party except as required to perform its obligations under these Terms, as required by law, or with the disclosing party’s prior written consent.

Language

These Terms may be translated into other language for the Member’s convenience or to comply with applicable law. Where there is any conflict or inconsistency between the English version and any translated version, the English version shall prevail.

Feedback and Queries

1. Where a Member has any concern, complaint, or wishes to correct an error in an order before MYBEST acts on it, the Member may contact MYBEST through the email, phone line, or other channel published on the Platform.

2. MYBEST’s service channels operate during the operating hours stated on the Platform from time to time, and MYBEST will act on any query, correction request, or complaint received without undue delay.