TERMS AND CONDITIONS
2nd June 2019
The MULA PARCEL (“Application”) is owned and operated by Mula Parcel (M) Sdn. Bhd. (Company No.1243270-M) incorporated in Malaysia (“Company”). We provide a platform between an individual or person(s) to who seeks delivery to a specific location in time to be matched with person who capable and available to fulfill and complete the delivery task (“MULA Crew”) to Receiver designated by you for an agreed delivery charges. (“Shipment”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACESSING OR USING THIS APPLICATION AND SERVICES:
“Personal Data” means information about you, from which you are identifiable, including but not limited to your name, identification card number, passport number, birth certificate number, nationality, marital status, address, telephone number, fax number, bank details, credit card details, race, gender, date of birth, resident status, education background, financial background, personal interests, email address, your occupation, your designation in the Company, and the industry in which you work in, any information about you which you have provided to the Company in registration forms, application forms or any other similar forms and/or any information about you that has been or may be collected, used, stored, and processed by Company from time to time and includes sensitive personal data such as data relating to health, religion or other similar beliefs.
By you as Sender and/or User access and/or usage of this Application and Services, User and/or Sender are legally and automatically bound to these following terms and conditions without conditions.
By the virtue of sign up, User and/or Sender accept all Terms and Conditions of MULA PARCEL as below. You as User and/or Sender affirm your understanding of Terms and Conditions and are within full capacity to enter transaction with MULA PARCEL.
If you as User and/or Sender DO NOT agree to these terms and conditions, you shall not access and/or use the Application and Services.
Definition and Interpretation
Below these Terms and Conditions unless the context otherwise requires that following expressions shall have following meanings:-
(a) “We” or “Company” or “Us” or “Our” mean Mula Parcel (M) Sdn. Bhd.;
(b) “You” or “yours” mean the Sender and/or User of this Application;
(c) “User” the person who install and using this Application by his/her own account or on behalf of any other sender;
(d) “Sender” the person whose name will appear on the e-consignment note in Application as consignor;
(e) “Shipment” shall mean parcel (whether one or more packages) forwarded by the dispatcher;
(f) “Receiver” shall mean the person who receives the shipment as consignee.
(g) “MULA Crew” means delivery operators and/or dispatcher who being matched with delivery order designated by User and/or Sender, may with their own vehicle, offer to provide delivery service through in this Application.
NOW IT IS HEREBY AGREED AS FOLLOWS:
1.1 The Company is a technology company that does not provide and/or engage in transportation services, delivery services, carrier services or transportation provider. The Company offers the software and application for User and/or Sender to use it as a platform to offer delivery services to the MULA Crew to perform the delivery (“Service”).
1.2 The Company only provides a platform to offer information and a method to connect between User and/or Sender and the MULA Crew with each other but does not provide a delivery service or acts in any manner as a delivery carrier.
1.3. The service will only notify User and/or Sender and provide information about the MULA Crew such as delivery price, name of MULA Crew, vehicle details of MULA Crew, any remark and the MULA Crew rating (if any). Once the User and/or Sender has accepted the service, the Application will notify the MULA Crew of your delivery details such as details of User and/or Sender, pick up and delivering location.
1.4 The Company shall not be held liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profit, lost data, personal injury or property damages related to, in connection with, or otherwise resulting from any use of the software and application.
Your Personal Data may be transferred to, processed, stored, and used in a jurisdiction other than your home country or otherwise in the country, state and city in which you are present while using any services provided by Company’s Group (“Alternate Country”), to companies under Company’s Group which are located outside of your home country or Alternate Country and/or where Company’s Group’s servers are located outside of your home country or Alternate Country. You understand and consent to the transfer of your Personal Data out of your home country or Alternate Country as described herein.
2.1 Both the Company and User and/or Sender acknowledge and agree that this agreement is not an employment agreement. The Company is not employer, and the MULA Crew(s) is/are not an employee of the Company.
2.2 User and/or Sender shall, at all time, not to claim and/or cause confusion to any person that the MULA Crew is employee and/or staff and/or agent for the Company.
3.1 By using the Service, you as the User and/or Sender of the Application/Service expressly represent, warrant, undertake and agree that:-
i. Attained age of majority which is Eighteen (18) years old based on date of birth as stipulated in National Registration Identity Card upon commencement of this Agreement;
ii. Provide a full and flank disclosure of all material facts in order for the Company to make an informed decision when concluding this Agreement;
iii. In the event of a change of any relevant particular in relation to this Agreement, shall forthwith notify the Company thereof in writing and any failure to do so shall be deemed to be a material breach of this Agreement;
iv. In the event of a change of any relevant particular in relation to this Agreement, shall forthwith notify the Company thereof in writing and any failure to do so shall be deemed to be a material breach of this Agreement;
v. User and/or Sender are bound to declare the name of item(s) and weight of the parcel.
vi. User and/or Sender are bound by all local laws related to the operation of a customer delivery service and will be solely responsible for any violations of such local laws;
vii. User and/or Sender will only use the Service for lawful purposes, and for the purpose for which it is intended to be used;
viii. User and/or Sender are bound to ensure that your parcel is adequately prepared and packed to protect the enclosed goods to ensure the safe delivery with ordinary care in handling and good order to delivery;
ix. User and/or Sender will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
x. User and/or Sender will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make bogus bookings to deceive/cause fraudulent to the Company;
xi. User and/or Sender will not use the Service, Application and/or Software for purposes other than obtaining the Service;
xii. User and/or Sender will not harm the proper operation of the network;
xiii. All credit card and bank account details provided by the User and/or Sender and/or Business Partner to the Company are correct, current and accurate;
xiv. User and/or Sender will not copy, or distribute the Software or other content without written consent from the Company;
xv. User and/or Sender will only use the Software and/or the Application for personal use and will not resell it to a third party;
xvi. User and/or Sender will keep secure and confidential your account password or any identification that the Company provide you which allows access to the Service;
xvii. User and/or Sender shall not take on any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, whether or not through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
xviii. User and/or Sender agree that the Service is provided on a reasonable effort basis; and
3.2 Please take note that the aforesaid list in clause 3.1 is not exhaustive, the Company may add in and/or delete any terms as the Company deems fit in the future at the Company’s sole discretion.
4.0 PROHIBITED ITEMS AND NON COMPESATION ITEMS
4.1 As in the clauses 3.1 (ix), the Company and/or the MULA Crew shall reserve the right not to accept or cancel the shipment designated by User and/or Sender in the event that the content in this shipment suspected which dangerous or may be caused hazardous to the Company and/or the MULA Crew.
4.2 User and/or Sender shall ensure that the item to be sent is not listed as in Prohibited Item (click here) and Non Compensation item (click here).
4.3 The Company and/or the MULA Crew shall have a right to intercept, hold, and inspect the content of the shipment that is suspected to contain prohibited items and/or suspected to be related to a case of fraud.
4.4 In the event that any one of the prohibited item collected by the MULA Crew, the Company or the MULA Crew shall reserves the right to dispose of whole shipment forthwith and shall notify User and/or Sender of the disposal within a reasonable period from the disposal. User and/or Sender are solely liable for the contents of shipment and not refundable for the postage fee to be make and compensation claim will be voided.
4.5 Any package (or its content thereof) of a value exceeding RM200.00 is non compensable in whatsoever circumstances.
5.1 Placement of delivery order
5.1.1 Every shipment is instant delivery on the same day.
5.1.2 The Company offers a maximum delivery limit of 60 kg parcel or 50cm * 50cm * 50cm in total dimension for car dispatcher whereas 12kg parcel or 36cm * 36cm * 36cm in total dimension for motorcycle dispatcher. For any exceeding the limit, the MULA Crew has the right to reject the delivery.
5.1.3 The MULA Crew shall deliver the shipment directly to designated destination by User and/or Sender.
5.1.4 User and/or Sender authorized the MULA Crew to contact Receiver directly for delivery purpose.
5.1.5 Subject to User indicated in the Application, shall request proof of acknowledge of receipt shipment to be delivered back to Sender or pick up location. The said acknowledgement shall leave at mailbox or any other whatsoever manner upon consent of User and/or Sender.
5.1.6 Any quoted pick up or journey distance are best estimates only and the Company shall have no liability if the collect and/or delivery time exceeds any estimate given or otherwise exceeds User and/or Sender expectation for whatsoever reason.
5.1.7 The Company or the MULA Crew shall hold no liable for any misunderstanding occurred.
5.2 Cancellation Policy
5.2.1 Cancellation fee shall be imposed to User and/or Sender after parcel has been picked up by the MULA Crew;
5.2.2 The cancellation fee as per shown in the Application and may change from time to time.
5.3 Delivery Address
5.3.1 Shipment to P.O Boxes address is not available in the Application.
5.3.2 The correct and accurate shipment’s address must be clearly entering in the Application when placing the shipment. Delivering charges is not refundable in the event that the shipment address incorrectly entered by User and/or Sender.
5.3.3 The MULA Crew shall cancel shipment due to incorrectness of the Receiver’s address as provided by User and/or Sender.
5.4 Multi location of delivery
5.4.1 User and/or Sender shall place multiple location of delivery shipment which up to maximum address as provided in the Application.
5.4.2 The MULA Crew shall deliver the shipment as per sequence determined by User and/or Sender.
5.4.3 User and/or Sender shall complaint to customer service in the event that the MULA Crew does not follow the route of delivery.
5.4.4 In the event that User and/or Sender wishes to add in or rearrange the sequence of the delivery, shall need to cancel whole order of the delivery after the MULA Crew has accepted the shipment.
5.4.5 No amendment to sequence of shipment address when the shipment has been pick up by the MULA Crew.
5.4.6 In the circumstances that the MULA Crew could not locate the shipment address upon his/her effort, or Receiver not available or refuses to accept the parcel, the MULA Crew shall call and request Receiver code from the User and/or Sender to complete the shipment and proceed to next shipment address.
5.4.7 Undelivered shipment will forward back to Sender after last delivery, subject to return shipment charges.
5.4.8 Each delivery location available for Five (5) minutes of waiting time to receive shipment. The MULA Crew shall proceed to next destination after exceed of waiting time.
5.4.9 The waiting time as in Clause 5.4.8 is subject to change from time to time.
5.4.10 Additional fee will be charged upon Sender/User’s agreement if the MULA Crew requested to wait more than 5 minutes to receive shipment.
5.4.11The Company reserves the right to rearrange the route of delivery in any emergency basic.
5.5 Change of Delivery Address
5.5.1 Change of shipment address is only available in the event that the distance between initial shipment address and new shipment address is less than 2 kilometer;
5.5.2 The MULA Crew is responsible to inform changes of shipment address to customer service by way of calling or text message.
5.6 Third Party Collection
With the consent of Sender and Receiver, the MULA Crew may deliver the shipment to third party or in another mean (i.e. leave the parcel at the door front).
5.7 Failure of delivery
5.7.1 The MULA Crew shall only deliver the shipment to as designated address by User. If the shipment is deemed to be undelivered to Receiver, or Receiver cannot be reasonably indentified or located, or Receiver refuses to accept the shipment due to whatsoever reason, whereby the MULA Crew shall, upon Sender agreement to return delivery, return the parcel to Sender by charging equivalent rate as per shipment charges.
5.7.2 The return shipment rate is only available by paying cash to the MULA Crew.
5.7.3 If Sender refuses to pay return shipment rate, the MULA Crew shall hold the shipment and return it to the Company customer service within 48 hours.
5.7.4 Sender or Sender’s representation have to collect the return shipment within seven (7) working days after notified by the Company’s customer service. If Sender refuses or unavailable to collect the shipment or refuse to pay return delivery charges, the Company shall be entitled to deal with the shipment at its own discretion and this shall included sell off the item in the shipment and apply the proceeds and forwards the payment of the expenses incurred.
5.7.5 All return shipment is subject to 10% of return delivery charges, or Ringgit Malaysia Ten (RM10.00), whichever higher as administration charges.
5.7.6 The administration charge is subject to change from time to time.
5.8 Refusal of delivery
The User and/or Sender agree and acknowledge that MULA Crew may decline or refuses to deliver the shipment where as below:-
5.8.1 User and/or Sender fail to accurately describe and declare the contents of the shipment;
5.8.2 User and/or Sender unable to provide accurate address of receiver;
5.8.3 The delivery is prevented, impeded or otherwise made unsafe or difficultly by reason of unforeseen events such an act of God or event of force majeure;
5.8.4 The MULA Crew is of the opinion that it is unable to deliver the shipment safely or legally including without limitation to the list of prohibited item as provided in this Terms and Conditions clause 4.2.
6.0 PRODUCTS AND SERVICES
6.1 The Company does not undertake the shipment nor does it employ individual to complete the shipment. The Company does not supervise, control or direct the MULA Crew to accept the shipment.
6.2 All the descriptions of products (including transportation method, shipment storage and handling method) or product pricing are subject to change at anytime without notice, at the sole discretion of the Company.
7.0 PRICE AND ADJUSTMENT
7.1 The price of service will be shown as in the Service by according to different area to be delivered. The Company may adjust the price from time to time and User shall responsible to review these terms periodically.
7.2 Please refer to the latest pricing guidelines posted in the Application, (portal) which may be amended and updated at the Company sole discretion from time to time without prior notice to User and/or Sender.
7.3 The Application is only shown the pre-delivering fees by entering the specific area to be delivered which does not included toll fares and/or any other surcharges.
7.4 It is User and/or Sender’s responsibility to read and understand the fare charges before placing delivery order.
7.5 All shipment shall be re-weight or re-measured by the MULA Crew and the MULA Crew shall has right to amend or enter the actual weight or quantity of the shipment.
7.6 Final delivery charges after amendment will be shown as in Application.
8.0 LOST, DAMAGE, DELAY
8.1 Any items listed under prohibited items list and non compensate list, will be exempted to from any claims, damages and loss.
8.2 The Company shall strictly limited direct loss and shipment during process of delivery. The Company are not responsible for all other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage indirect due to transit, misconduct, act of god, uncontrollable factor and etc.
8.3 In the event that such loss, damage, cost or expenses arising as a result of any willful act of neglect or default by Company or MULA Crew, it only be limited to RM200.00 or the actual value of the shipment, whichever is lower.
8.4 If the shipment is not sufficiently packed or do not meet the requirement standard of packaging guideline, the claim of compensation will be rejected.
8.5 Any lodge of complaints shall be only accepted and entertained via the Company customer service within 24 hours after the incident happened.
8.6 The Company shall not in any circumstance be liable for any late delivery contributed by the MULA Crew or caused by any third parties.
8.7 User/Sender shall lodge a complaint through the Company customer service if the MULA Crew was purposely delay in delivering. The Company shall take necessary action to initiate the investigation of the said complaint.
9.1 The delivery service is only available for cash on delivery (COD) whereby Sender shall need to pay the delivery charges as per shown in the Application to the MULA Crew upon collection of delivery shipment from Sender.
9.2 The Company has the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes User to be in breach of the term of use.
10.1 The Company, as a technology platform for User and/or Sender, does not procure insurance for any personal loss, injury, property loss or damage experienced during the Sender and/or User participation in this Service.
10.2 The Company also does not procure insurance for the content of the shipments. User and/or Sender are responsible to obtain their own insurance or protection against risk and shall not hold the Company liable or responsible for any damage or loss suffered during delivering shipment by the MULA Crew.
11.0 PERSONAL DATA PROTECTION
11.1 User/Sender agrees and consents to the Company using and processing your Personal Data for the Purposes and in the manner as identified hereunder.
11.2 For the purposes of this Agreement, “Personal Data” means information about User/Sender in this Application, from which you are identifiable, including but not limited to name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about User/Sender which have provided to the Company in registration forms, application forms or any other similar forms and/or any information about User/Sender that has been or may be collected, stored, used and processed by the Company from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of User/Sender Personal Data is voluntary. However, if User/Sender does not provide the Company Personal Data, your request for the Application may be incomplete and the Company will not be able to process your Personal Data for the Purposes outlined below and may cause the Company to be unable to allow use the Service.
The Company may use and process User/Sender’s Personal Data for business and activities of the Company which shall include, without limitation the following (the “Purpose”):
- To perform the Company’s obligations in respect of any contract entered with User/Sender;
- To process User/Sender participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
- To respond to questions, comments and feedback from User/Sender;
- To communicate with User/Sender for any of the purposes listed herein;
- For internal administrative purposes, such as auditing, data analysis, database records;
- For purposes of detection, prevention and prosecution of crime;
- For the Company to comply with its obligations under law;
- To send User/Sender alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and or sponsors;
- To notify and invite User/Sender to events or activities organized by the Company, its partners, advertisers, and or sponsors; and/or
- To share User/Sender Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
11.3 If User/Sender do not consent to the Company processing your Personal Data for any of the Purposes, please notify the Company using the support contact details as provided in the Application.
11.4 If any of the Personal Data that User/Sender have provided to changes, for example, if change of e-mail address, telephone number, payment details or if User/Sender wish to cancel account, please update the details by sending request to the support contact details as provided in the Application.
11.5 The Company will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
12.0 LIMITATION OF LIABILITY
12.1 The Company, the subsidiaries, officers, directors, employees, agents, partners and the Company’s supplier provides this MULA PARCEL platform and the services on “as is” basis without any warranty or condition, express, implied or statutory. The Company does not guarantee any specific result from the use of these Services.
12.2 The Company shall not liable for any loss of profit, loss of income, loss of markets, loss of reputation, loss of customers, loss of opportunity, loss of use even if we had knowledge that such damages or loss might arise for any indirect, incidental, special damages or loss howsoever arising including without limitation breach of contract, negligence, willful act of default.
12.3 The Company shall not liable if we do not fulfill obligation towards you as User/Sender at all as a result.
13.0 INTELLECTUAL PROPERTY OWNERSHIP
14.0 ERRORS, INACCURACIES AND OMISSIONS
14.1 The information as published in the Service may contains typographical errors, inaccuracies or omissions that may be related to product description, promotions, pricing, offers, delivery charges and etc without prior notice. The Company undertakes no obligation to update or clarify such changes in all the time unless required by law.
14.2 The MULA Crew has the right to refuse the shipment if the weight and dimension of the shipment is too large or inaccuracy details as per stated in the order by User.
15.0 TERMINATION OF ACCOUNTS
15.1 The Company reserves the right to terminate the account which is inactive more than 365 days, no any advance credit, Loyalty Reward points and point will be refunded to User.
15.2 In the event that the Company suspects User and/or Sender have failed, to comply with any term in this Terms and Conditions. The Company shall, at its own sole discretion, to terminate or suspend the account by using this Service in any time, for any or no reason, without explanation given.
15.3 User may terminate the account at any time by notifying the Company that you no longer wish to use the Service. However, User shall remain liable for all amounts due up and including the date of termination.
Prior termination account
Due to inactivity or expiry of credit, the termination shall effective upon sending of last reminder notice in form of text message or email.
The reminder notice will be sent out in 30 days in advance as first reminder, and consequence with 14 days, 7 days and 1 day as last reminder before the termination take effect.
16.0 THIRD PARTY LINKS
16.1 The Application may certain contents, products and services available via the Service may include materials from third parties. The third-party links on this Application may direct you to third party websites that are not affiliated by the Company. The company is not responsible for examining or control the content of accuracy and we do not warrant and will not have any have any liability or responsibility for any third party material or websites.
16.2 Any use of third party links on this Application is entirely at User/Sender own risk and discretion and User/Sender should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
16.3 The Company shall, in the future, offer new services and /or features through the Application. Such feature and/or services shall be subject this Terms and Conditions.
17.1 User and/or Sender agree to indemnify the Company and related parties from any claim or demand including reasonable attorneys’ fees, made by any third party due to arising out from using this Application or breach of any term of this Terms and Conditions.
* Related parties refer to our drivers including but not limited to MULA Crew, business partners, agents, affiliates, shareholders, subsidiaries, directors, officers, employees, contractor and third parties involved.
18.0 REPRSENTATION OR WARRANTIES
18.1 The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service, the application, the software and/or rewards. The company does not represent or warrant that (a) the use of the service, the application and/or the software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the service and/or rewards will meet User/Sender requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, rewards or other materials purchased or obtained by you through the application will meet your requirements or expectations, (e) errors or defects in the application and/or the software will be corrected, or (f) the application or the server(s) that make the application available are free of viruses or other harmful components, or (g) the application and/or the software tracks you or the vehicle used by the third party transportation provider. The service and rewards are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded and disclaimed to the highest and maximum extent.
18.2 The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services and/or rewards, including but not limited to the third party transportation or other services and products obtained by or from third parties through the use of the service, the application and/or the software and/or the redemption, supply or use of rewards. You acknowledge and agree that the entire risk arising out of your use of the service, and any third party services, including but not limited to the third party transportation or other services and products remain solely and absolutely with you and you shall have no recourse whatsoever to the company.
19.1 The waiver set out in these Terms and Conditions, does not attempt to purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
20.0 GOVERNING LAW AND SEVERABILITY
20.1 All these Terms and Conditions shall be governed by and construed in accordance with law of Malaysia, without regard to its conflict of law rules. User/Sender expressly agrees that the jurisdiction for any claim or dispute under these Term and Conditions shall reside in the court of Malaysia.
20.2 If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, such invalidity shall not affect the validity of the remaining of these Terms and Conditions, which shall remain in full force and effect.
21.0 INSPECTION BY AUTHORITY
21.1 During the delivery process by the MULA Crew, the shipment may at the request of government authorities be opened and inspected at any time. The Company and the MULA Crew shall not be liable for any delays, loss, damage, cost or expenses incurred.
22.1 The Company will send notification to Receiver via text message upon confirmation of delivery order and the MULA Crew on his way for delivery shipment. User/Sender shall check the status of the delivery via the order list accordingly.
22.2 The Company will send information containing advertisement and promotions of our affiliates and partners if you have opted-in to receive them.
23.3 User may unsubscribe to such information by contacting us or using the unsubscribe option in the email.
23.1 The Sender and/or Receiver acknowledge that they are true ownership of the shipment, or authorized agent by Sender/Receiver to bind under these Terms and Conditions.
24.0 CUSTOMER SERVICE INFORMATION
24.1 If any questions about this Terms and Conditions should contact or send to:-
Mula Parcel (M) Sdn Bhd
Address : No.956 & 957, Jalan Bagan Ajam, Residensi Zamrud, Butterworth, Penang
Email : firstname.lastname@example.org
Tel No : 03-7661 6262
25.1 The Company reserves the right to change the Terms and Conditions at any time and without providing any notice of such changes. User/Sender agree that continued use of Application constitutes the acceptance of the modified Terms and Conditions. User/Sender should check these Terms and Conditions each time you access the Application.