PORTER MALAYSIA
Platform Terms of Service
1. Introduction and Acceptance
1.1. These Terms of Service (“Terms”) govern access to and use of the Porter Malaysia website, mobile application, APIs, software, support channels and related platform services (collectively, the “Platform”) made available by Porter Malaysia and its Affiliates identified on the Platform (collectively, “Porter”, “we”, “us” or “our”).
1.2. By accessing the Platform or otherwise using any Platform Services, you agree to be bound by these Terms, the privacy notice, any booking-specific disclosures, and any supplemental policies or guidelines that are expressly incorporated by reference.
1.3. If you do not agree to these Terms, you must not access or use the Platform.
1.4. If you use the Platform on behalf of a company, partnership or other entity, you represent and warrant that you are duly authorised to bind that entity, and references to “you” include that entity.
1.5. These Terms are drafted on an enforceability-first basis under Malaysian law and are intended to preserve, and not exclude, any rights or remedies that cannot lawfully be excluded, restricted or
2. Definitions
2.1. “Affiliate” means, in relation to any person, shall mean any entity Controlled, directly or indirectly, by that person, any entity that Controls, directly or indirectly, that person, or any entity under common Control with that person or, in the case of a natural person, shall also include any relative(s) of such person. For the purposes of this definition, a holding or subsidiary company of any entity shall be deemed to be an Affiliate of that entity.
2.2. “Applicable Law” means all laws, regulations, by-laws, codes, guidelines, directions, orders,licence conditions and regulatory requirements or other binding pronouncement of any governmental authority in Malaysia, and any foreign or supranational law to the extent applicable to either party or the subject-matter of these Terms.
2.3. “Booking” means an electronic request submitted through the Platform by a User for Delivery Services.
2.4. “Charges” means all fees, fares, platform fees, tolls, taxes, surcharges, cancellation charges,waiting charges, return charges and any other amounts disclosed through the Platform or otherwise payable in connection with an Order.
2.5. “Delivery Services” means transportation, pick-up, delivery, loading or unloading assistance (where offered), return services and any other shipment-related services performed by a Driver-Partner for a User.
2.6. “Driver-Partner” means a third-party driver, courier, owner-operator, fleet operator or other service provider that uses the Platform to receive Booking opportunities and provide Delivery Services.
2.7. “Order” means a Booking that has been accepted by a Driver-Partner through the Platform.
2.8. “Platform Services” means the digital intermediation, matching, scheduling, communication, support, payment facilitation and related technology services provided by Porter through the Platform.
2.9. “Prohibited Goods” means any item that is illegal, restricted, restricted, dangerous, offensive,unsafe, unsuitable for the selected vehicle category, improperly packed, falsely declared,prohibited by Platform policy, or otherwise not permitted for carriage under Applicable Law or these Terms.
2.10. “Shipment” means any goods, parcels, packages, documents or other items tendered for Delivery Services.
2.11. “User” means any customer, sender, recipient, account holder, business customer, visitor or other person who accesses or uses the Platform.
3. Nature of the Platform and Porter’s Role
3.1. Porter provides Platform Services only. Porter operates a technology-enabled marketplace that enables Users to request, arrange and pay for Delivery Services offered by Driver-Partners.
3.2. Unless Porter expressly states otherwise in writing for a specific service, Porter does not itself perform Delivery Services and is not a carrier, common carrier, courier operator, freight forwarder,postal network operator, goods vehicle operator, bailee, warehouseman or transport provider in relation to any Shipment.
3.3. The contract for Delivery Services is formed between the relevant User and the relevant Driver-Partner when the Driver-Partner accepts the Booking. Porter is not a party to that Delivery Services contract except to the extent Porter separately provides Platform Services, payment collection services as disclosed agent, or statutory duties that cannot be excluded.
3.4. Porter does not employ Driver-Partners merely because they use the Platform, and Porter does not represent that Driver-Partners are Porter employees, agents, servants or representatives for all purposes. Porter may, however, act as disclosed collection agent for Charges and may impose marketplace standards, safety requirements, onboarding checks, fraud controls, customer support rules and compliance requirements without creating a carrier or employment relationship.
3.5. Porter will not be liable where the relevant failure is attributable to the act, default or omission of a User, Driver-Partner, recipient or third party, or to a cause beyond human control, except to the extent Porter is independently at fault in providing the Platform Services.
3.6. Nothing in these Terms shall be construed to exclude, restrict or modify any responsibility Porter may have under Applicable Law in respect of the Platform Services it supplies to Users, including non-excludable statutory guarantees and rights.
4. Eligibility, Registration and Accounts
4.1. You must be at least 18 years old and legally competent to enter into a binding contract to use the Platform.
4.2. You must provide accurate, current and complete registration information including but not limited to your identity, contact, tax and payment information, and you must promptly update any changes.
4.3. You are responsible for all activity conducted through your account, maintaining account confidentiality, and ensuring that only authorised persons use your account.
4.4. Porter may request documentary verification, identity checks, business registration documents, licences, tax information, insurance information or other evidence reasonably required for compliance, fraud prevention, trust and safety, or operational integrity.
4.5. Porter may refuse, suspend or terminate any account, Booking or Order where information is inaccurate, misleading, incomplete, outdated or unverifiable, or where use of the Platform would expose Porter, Users, Driver-Partners or third parties to legal, financial or safety risk.
5. Permitted Use and Platform Conduct
5.1. You may use the Platform only for lawful purposes and in accordance with these Terms.
5.2. You must not: (a) use the Platform for fraudulent, unlawful or abusive purposes; (b) interfere with Platform security or operations; (c) scrape, crawl, reverse engineer or exploit the Platform without authorisation; (d) create multiple accounts to evade policies; (e) misrepresent shipment details, identity or authority; (f) harass, threaten or discriminate against any User, Driver-Partner, Porter personnel or recipient; or (g) use the Platform in a manner that could expose Porter or others to regulatory breach.
5.3. Porter may monitor platform activity, communications and account conduct to the extent reasonably necessary for trust and safety, quality control, support, investigations, legal compliance and fraud prevention, in accordance with Applicable Law and the privacy notice.
6. Privacy and Data Protection
6.1. Porter will collect, use, process, store, disclose and transfer personal data to India in accordance with its privacy notice and Applicable Law, including the Personal Data Protection Act 2010 of Malaysia (“PDPA”).
6.2. By using the Platform, you acknowledge and consent to Porter processing your personal data for account creation, Booking management, Order fulfilment, payment processing, customer support, fraud prevention, safety monitoring, compliance, dispute resolution, service analytics and, where separately consented, direct marketing.
6.3. You acknowledge and consent to Porter disclosing relevant personal data, including names, phone numbers, pick-up and delivery addresses, Order details, proof-of-delivery data and complaint information, to Driver-Partners, recipients, payment providers, group companies, service providers, regulators, insurers, law enforcement bodies and professional advisers where reasonably necessary for order fulfilment, support, compliance, dispute handling or as otherwise permitted under Applicable Law.
6.4. If you provide personal data relating to another person, including a recipient, business contact, loader, alternate sender or emergency contact, you represent and warrant that you have all authority and notices required under Applicable Law to provide that personal data to Porter and to permit the disclosures contemplated by these Terms.
6.5. Porter may record calls, chats and support interactions for training, quality control, fraud prevention, dispute handling and compliance purposes, provided appropriate notices are given in accordance with Applicable Law.
6.6. Porter may use number masking or other privacy-preserving communication tools. Where number masking is unavailable or impracticable for completion of an Order, you consent to limited disclosure of contact details as necessary to fulfil the Order.
6.7. Personal data may be stored or processed outside Malaysia (i.e. India) subject to Applicable Law, including appropriate safeguards, adequate protection assessments, contractual controls or your consent where required.
6.8. Nothing in these Terms limits any data subject rights available under the PDPA, including rights of access, correction and objection to direct marketing.
7. Charges, Payments, Taxes and Refunds
7.1. Charges are determined based on factors disclosed through the Platform, which may include but are not limited to distance, time, vehicle category, demand, urgency, waiting time, parking, tolls, return trips, handling assistance, taxes and other order-specific factors.
7.2. Porter may collect Charges as disclosed collection agent for the Driver-Partner and may deduct or retain any Platform fee, service fee, processing fee, adjustment, refund or other amount disclosed through the Platform or otherwise agreed.
7.3. Unless otherwise stated, Charges are quoted in Malaysian Ringgit and are inclusive or exclusive of applicable taxes as stated on the booking screen or invoice.
7.4. You authorise Porter and its payment service providers to charge your selected payment method for all amounts due. Porter is not responsible for errors caused solely by third-party payment providers, banks, card schemes or telecommunications failures.
7.5. Refunds, reversals, goodwill credits and billing adjustments will be assessed case by case, subject to Applicable Law, platform evidence, fraud controls and the terms of any payment provider.
7.6. If Porter later introduces stored-value wallets, prepaid balances, credits, or similar payment products, their use may be subject to additional terms and regulatory controls.
7.7. Where a receipt is required by Applicable Law or requested by a User, Porter or the Driver-Partner, as applicable, may issue the relevant receipt, invoice or tax document through the Platform or another electronic channel.
8. Shipment Rules
8.1. The User is solely responsible for ensuring that each Booking accurately describes the Shipment, including but not limited to quantity, category, declared value if requested, dimensions, weight, fragility, dangerous characteristics, pickup and drop-off details, and any handling instructions. Any misdeclaration is a material breach of these Terms and may result in cancellation, suspension, reporting to authorities, refusal of service and liability for all resulting losses, fines, penalties, costs and claims.
8.2. The User represents and warrants that the User is the owner of the Shipment or is duly authorised by the owner to arrange Delivery Services and to bind that owner to these Terms as necessary.
8.3. The User must package the Shipment appropriately for ordinary road transportation risks, including movement, vibration, stacking, weather exposure (if open vehicle categories are selected), temperature variation, theft risk and handling during loading and unloading.
8.4. Where fragile, perishable, high-value, sensitive, temperature-controlled, oversized or otherwise special goods are proposed, the User must comply with any category-specific instructions disclosed on the Platform and must not tender such goods unless the selected service expressly permits them.
8.5. Unless expressly offered on the Platform, Driver-Partners are not obliged to provide specialised handling, refrigeration, protective wrapping, dismantling, assembly, moving into premises, loading labour, or storage services.
8.6. The User remains responsible for ensuring that the Shipment complies with all Applicable Law, including but not limited to customs, sanctions, product safety, health, trade, tax and transport restrictions.
8.7. Users must not list, tender, send, request carriage of, or cause a Driver-Partner to carry any Prohibited Goods. Without limitation, Prohibited Goods include: dangerous or offensive goods; hazardous, flammable, explosive or corrosive materials; filled gas cylinders; batteries containing acid; kerosene, petrol and other flammable liquids; alcoholic beverages in excess of quantities permitted under Applicable Law; narcotics and controlled substances; illegal or counterfeit goods; stolen goods; weapons and ammunition; human organs, remains or biological hazards; live animals unless specifically permitted; cash, bullion, jewellery, precious metals and stones, negotiable instruments and high-value valuables; pornography where prohibited; improperly packaged fragile items; goods exceeding the selected vehicle size or weight limits; and any goods whose carriage would expose Porter or the Driver-Partner to legal, regulatory or safety risk. Porter and Driver-Partners are not required to open sealed packages, but may request additional information or documentation and may cooperate with law enforcement or regulators.
9. Pick-Up, Delivery, Returns and Proof of Delivery
9.1. A Driver-Partner will use reasonable efforts to collect and deliver the Shipment in accordance with the details stated in the Order, subject to road conditions, weather, access limitations, operational constraints, law enforcement instructions, safety considerations and other circumstances beyond the Driver-Partner’s control.
9.2. Delivery may be completed by handover to the named recipient, a person reasonably appearing authorised to receive the Shipment at the delivery location, a business reception or loading bay, or as otherwise instructed through the Platform.
9.3. Proof of delivery may include electronic signatures, photographs, geolocation data, call logs, one-time passcodes, recipient confirmations or other evidence reasonably used through the Platform.
9.4. Where a pick-up or delivery cannot be completed because the sender, recipient or authorised contact is unavailable, refuses acceptance, cannot be located, or the information provided is inaccurate, the Driver-Partner may return the Shipment, store it temporarily if offered, attempt re-delivery, or follow other reasonable steps communicated through the Platform. The additional Charges may apply in this regard. Porter may issue operational instructions for failed deliveries, returns, temporary holding or disposal of abandoned goods, acting reasonably and in compliance with Applicable Law.
9.5. If the User or recipient cannot be contacted within a reasonable time and the Shipment cannot lawfully or safely be retained, Porter or the Driver-Partner may take steps reasonably necessary to protect persons, property, legal compliance and evidence integrity, including handover to authorities where appropriate.
10. Cancellations
10.1. A User may cancel a Booking or Order in accordance with the cancellation terms disclosed through the Platform. Cancellation fees may apply where a Driver-Partner has accepted the Booking, travelled to the pick-up point, incurred costs, or where platform resources have already been allocated.
10.2. A Driver-Partner may decline or cancel an Order where the Shipment is unsafe, unlawful, mis-declared, improperly packed, materially different from what was booked, exceeds the permitted dimensions or weight, or would otherwise expose the Driver-Partner, Porter or third parties to legal or safety risk.
10.3. Nothing in this clause prevents Porter from waiving or adjusting cancellation or failed delivery charges where Porter considers it appropriate, including for consumer fairness, operational error, fraud prevention or exceptional circumstances.
11. Delay, Outages and Service Availability
11.1. Arrival times, delivery times, driver availability and route durations are estimates only and are not guaranteed.
11.2. Porter does not guarantee uninterrupted access to the Platform or error-free operation of the Platform. The Platform may be affected by internet failures, software issues, maintenance, cyber incidents, device failures, mapping errors, telecommunications outages or third-party service interruptions.
11.3. Porter will use reasonable efforts to maintain Platform availability and restore material outages, but shall not be liable for losses resulting from outages or degraded functionality except to the extent caused by Porter’s negligence, wilful misconduct, fraud or breach of non-excludable statutory duties.
11.4. Driver-Partners are not liable for delay to the extent caused by Users, recipients, inaccurate instructions, loading/unloading issues, building access restrictions, weather, traffic, police directions, road closures, vehicle breakdown not caused by negligence, force majeure or other circumstances beyond reasonable control.
12. Loss, Damage, Theft, Shortage and Claims Process
12.1. Risk allocation for Shipment-related loss depends on the cause of loss. Porter is not an insurer of any Shipment and does not assume carrier risk merely by operating the Platform.
12.2. To the fullest extent permitted by Applicable Law, and subject to Clause 16, Porter shall not be liable for loss, damage, theft, contamination, deterioration, shortage, delay or destruction of a Shipment to the extent caused by:
(a) the acts or omissions of the User, recipient or a third party;(b) the acts or omissions of a Driver-Partner in performing Delivery Services as an independent third-party provider; (c) inadequate or unsuitable packaging; (d) inherent vice, latent defect or ordinary wear in the goods; (e) misdeclaration; (f) Prohibited Goods; or (g) force majeure or (h)circumstances beyond Porter’s reasonable control.
12.3. Where the User believes a Shipment has been lost, damaged, stolen, short delivered or materially delayed, the User should notify Porter through the support channel as soon as reasonably practicable and in any event within 24 (twenty-four) hours of the completion of the delivery and provide all reasonably available supporting evidence. A delayed notice does not automatically extinguish legal rights, but may materially affect Porter’s ability to investigate and determine responsibility.
12.4. Porter may request cooperation from Users, recipients and Driver-Partners in investigating claims, including statements, photographs, GPS records, proof of purchase, repair quotations, police reports and other evidence. Failure to provide reasonably requested evidence may affect the speed and outcome of the assessment to the extent causally relevant.
12.5. If Porter elects, without admission of liability, to facilitate an ex gratia settlement or goodwill adjustment, such facilitation does not constitute an admission that Porter was the supplier of Delivery Services or otherwise legally responsible for the Shipment loss.
12.6. Users are strongly encouraged to obtain their own goods-in-transit or cargo insurance for their Shipment.
13. Safety, Investigations, Suspension and Termination
13.1. Porter may establish and enforce trust and safety standards, incident reporting procedures and platform rules relating to theft, fraud, misconduct, violence, harassment, discrimination, unsafe or impaired driving, property damage, personal injury and other safety or compliance incidents.
13.2. Where Porter reasonably considers it necessary for legal compliance, fraud prevention, trust and safety, payment or credit risk, service integrity, investigation of incidents, enforcement of these Terms, or protection of Porter, Users, Driver-Partners or third parties, Porter may suspend, restrict or terminate access to the Platform, an account, Booking capability, vehicle category or specific Order, preserve data, request information or documents, contact affected persons, share information with insurers or competent authorities, and take any other reasonable action permitted by Applicable Law.
13.3. Where reasonably practicable, Porter will provide notice of any material suspension or termination, but may act without prior notice where immediate action is reasonably required.
13.4. Users must promptly provide any information, documents, declarations or consents reasonably requested by Porter in connection with an investigation or to comply with Applicable Law.
13.5. Porter is not responsible for the independent criminal or unlawful acts of Users, Driver-Partners or other third parties, but may cooperate with lawful investigations and take appropriate platform enforcement action.
13.6. Termination or suspension does not affect accrued rights, outstanding Charges, indemnities, complaint handling, payment reversals, evidentiary rights, or any provision intended to survive termination.
14. Disclaimers
14.1. The Platform and Platform Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by Applicable Law, Porter does not warrant that the Platform will be uninterrupted, error-free, secure or available at all times or locations, or that defects will be corrected, and disclaims implied warranties to the extent they may lawfully be disclaimed.
14.2. Porter does not warrant the suitability, legality, quality, safety, punctuality or fitness for purpose of Delivery Services supplied by Driver-Partners, except to the extent such warranty cannot lawfully be excluded or would misstate Porter’s own Platform Services obligations under Applicable Law.
14.3. Porter is not responsible for the acts or omissions of Users, Driver-Partners, recipients or third parties, or for third-party content or services accessed through the Platform.
15. Indemnity
15.1. The User shall indemnify, defend and hold harmless Porter, its Affiliates and their respective directors, officers, employees and agents from and against claims, proceedings, losses, damages, fines, penalties, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) Prohibited Goods; (b) misdeclaration; (c) unlawful, inaccurate or incomplete shipment information; (d) inadequate packaging; (e) breach of these Terms; (f) infringement of third-party rights; (g) the User’s violation of Applicable Law; or (h) personal data supplied by the User without required authority or notice.
16. Limitation of Liability
16.1. Porter shall not be liable for any indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, contracts, business opportunity or anticipated savings, whether arising in contract, tort or otherwise.
16.2. Where Porter is liable in relation to Platform Services, Porter’s aggregate liability arising from or in connection with an affected Order shall not exceed the total Charges actually paid by the User for that affected Order.
16.3. To the extent permitted by Applicable Law, Porter is not responsible for claims arising solely from the acts or omissions of a Driver-Partner, User or third party in the performance of Delivery Services.
17. Electronic Trade Notices and User Information
17.1. Porter may display on the Platform, in English and/or Bahasa Melayu as required by Applicable Law, information relating to Driver-Partners, Charges, estimated delivery windows, payment methods, complaint channels and other User disclosures required for electronic trade transactions.
17.2. Users acknowledge that such disclosures may be provided on Booking screens, Order summaries, driver profile screens, help centre pages, invoices, emails, push notifications or other electronic channels associated with the Platform.
18. Governing Law and Dispute Resolution
18.1. These Terms shall be governed by, and construed in accordance with, the laws of Malaysia. The Parties submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these Terms.
18.2. The parties will first seek to resolve any dispute through Porter’s support and complaint channels and good-faith negotiation. Failing resolution, the dispute may be referred to the courts of Malaysia or, where the parties so agree in writing, to arbitration seated in Malaysia under the Arbitration Act 2005. Nothing in this Clause limits any statutory right the User may have to bring a claim before a tribunal or body designated by Applicable Law.
19. Intellectual Property Rights
19.1. Porter and its licensors own all rights, title and interest in and to the Platform, software, trademarks, logos, content, interfaces, databases and associated intellectual property.
19.2. Porter grants you a limited, revocable, non-exclusive, non-transferable licence to use the Platform solely for lawful use of the Platform Services in accordance with these Terms.
19.3. You must not copy, modify, reverse engineer, scrape, distribute, create derivative works from, or exploit the Platform or Porter content except as expressly permitted by Applicable Law or Porter in writing.
19.4. If you upload, submit or provide content, feedback, ratings, photographs, documents or other materials through the Platform, you grant Porter a non-exclusive, worldwide, royalty-free licence to use, host, reproduce, store, adapt and display that material to the extent reasonably necessary to operate, improve, investigate, support and protect the Platform, subject to the privacy notice.
20. General
20.1. Porter may amend these Terms from time to time by posting revised Terms on the Platform or otherwise notifying the Users. Unless a shorter period is required by law or operational necessity, changes will take effect on the date stated in the notice. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
20.2. If any provision of these Terms is held unlawful, invalid or unenforceable, that provision shall be severed or read down to the minimum extent necessary, and the remaining provisions shall remain in full force.
20.3. Porter may assign or transfer its rights and obligations under these Terms to an Affiliate. The User shall not assign or transfer their rights or obligations without Porter’s prior written consent.
20.4. No waiver is effective unless in writing. A failure or delay in exercising a right does not waive that right.
20.5. These Terms, together with the privacy notice and any incorporated policies or booking-specific disclosures, constitute the entire agreement between the parties relating to their subject matter.
20.6. If Porter publishes these Terms in more than one language, the English text will prevail to the extent permitted by Applicable Law, provided that any mandatory notices required in Bahasa Melayu will also be made available where required.