Terms of Use Agreement

Welcome to the ePriceNow service (the “Service”). The following Terms of Use apply when you view or use the Service via our website located at www.epricenow.com or by accessing the Service through clicking on the application (the “App”) on your computer device. Please review the following terms carefully.

By joining ePriceNow (hereinafter “ePN”) and using its website, you acknowledge that you have read, understood and accepted the terms and conditions outlines below, in their entirely and without limitation. Such terms and conditions, are subject to change without prior notice; therefore, you should review this Terms of Use (hereinafter “Agreement”) frequently.

Services

ePN operates this website as an online marketplace wherein individuals and / or companies needing to ship goods can place the details of their goods to be delivered to the destination of their choice nationwide. A quotation for the delivery will be furnished to the individuals / companies within reasonable time. And if the quotation is acceptable they can place their delivery details at the ePN portal and follow the steps which are required to enable the delivery of their goods by the Carriers. ePN shall remain a neutral party throughout the process.

ePN is NOT a transportation company. ePN does NOT provide any transportation services, commercial or otherwise, freight forwarding or brokering nor is it affiliated with any company that does provide such services.

ePN does not pre-qualify, screen, vouch for otherwise endorse any individual or company participating in its site. Furthermore ePN does not warrant guarantee a Shipper’s ability to pay for services or a Carrier’s ability to transport goods.

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Participation

Requirements and Use Restrictions

ePN’s portal is intended for use only by persons (individuals, businesses and / or companies) capable of forming legally binding contracts. If under applicable law, a person is able to unilaterally void a contract because the person is incompetent or under the age of 18, that person is ineligible for participation.

If you register as a business entity you understand and agree that you are representing to ePN that you are authorized to legally bind the entity to this Agreement.

If you are acting as an agent of a business entity with the intent of binding the entity but fail to disclose the existence of the entity or your relationship to it or if you are not authorized to bind the entity, you understand and agree that you could be held individually liable to ePN for fees, penalties and / or damages.

Your permission to use the website is further conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

·use the service for any unlawful purpose or for illegal activities;

·use another user’s account without permission;

·provide false or inaccurate information when registering an account;

·interfere or attempt to interfere with the proper functioning of the Service;

·bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or

·publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Participation entails an on-going duty to abide by all terms and conditions contained in this Agreement, as amended from time to time.

Participations are non-transferrable

Participants in the shipping and/or transporting process and any other conduct stemming from the use of this website do not give rise to any form of contractor, agency, partnership, joint venture, employment, investment or franchise relationship between you and ePN. You are NOT authorized to represent to any third party that any such relationship or connection exists.

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Fees

Currently ePN does not charge a participation fee, or a listing fee, though it reserves the right to do so in the future.

Termination

Participation with ePN and use of this website are privileges. ePN reserves the absolute right to prohibit any person or entity from participation in this site. Failure to comply with all terms and conditions may result in termination of participation. Prior to termination of participation, a participant will be given written notice (which may be sent to the email address provided by a participant) and a chance to dispute the reason (s) for termination of participation within 7 days of the notice, during which time period participation will be suspended. Failure to respond within 7 days will result in waiver of the right to dispute the reason (s) for termination of participation. It is the duty of the participant to provide a current email address. ePN has no obligation or duty to verify the correctness or accuracy of an email address and will bear no responsibility for any emails that fail to reach the member. Hidden fees by Carrier’s are not allowed and will result in termination of ePN website privileges. Extra fees for added services are allowed, such as blanket wrap, detailing items upon delivery, etc but must be agreed upon prior to booking by both Shipper and Carrier.

Termination of participation does not waive any of ePN’s rights under this Agreement, especially with regard to collection of any and all monies owed.

Shippers

Shippers agree that when they accept a quotation, they are accepting an offer and forming a contract, legally obligating them to complete the transaction with the Carrier; they must pay for the services accepted.

In addition to other terms and conditions of this Agreement, Shippers warrant the following:

Their goods are legally capable of being shipped in interstate commerce (or intrastate commerce, as the case may be);

Their goods are not in violating of any State, Federal or other relevant statute or regulation;

They are the true and rightful owners of the goods, or else they are authorized by the true and rightful owners to ship the goods;

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The goods are not subject to any liens, claims unpaid taxes or restrictions that limit or condition the transportation of the goods.

Carriers

Carriers agree that by placing a bid, they are making an offer to form a contract for services. If the Shipper accepts the offer, a contract is formed and the Carrier will be legally obligated to complete the transaction by providing the agreed upon services.

Bids must reflect the total monies owed for services. That is they must include all applicable fees, taxes and other costs; there cannot be any hidden costs that are disclosed only after a bid is accepted.

In addition to other terms and conditions of this Agreement, Carriers warrant the following:

They are licensed, bonded, insured and properly authorized to transport good through interstate commerce (or intrastate commerce as the case may be);

They are in full compliance with any and all State, Federal and other relevant statues and / or regulations;

They and their employees / agents / representatives do not have any felony convictions and are not currently involved in any criminal enterprise or other activity that could hinder their ability to transport goods;

They have disclosed all relevant information (shipping policies, pricing, additional fees, taxes, conditions, insurance coverage, bonding, authorization etc) so that Shippers can make informed decisions about the services being offered.

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Credit Cards

Shippers are required to maintain a valid credit card to pay for the transaction fee. Failure to have a valid credit card will result in the inability to participate in this website.

Authorization : By participating in this website, you, the credit card holder, give ePN and its representatives express authorization to charge your with credit card for any and all monies owed as a result of your participation in this site. You understand this Agreement is a legally binding contract and you will be held responsible for all agreed upon charges as well as any and all collection and transaction fees.

Cancellation and Refunds

Cancellation after a bid an offer is accepted by the Shipper but before any services are performed by the Carrier are at the discretion of the parties. If the cancellation is accepted, all fees paid to ePN will be refunded and credited to the appropriate accounts. However, a 20% processing fee on the amount of the original transaction fee will be imposed. If the cancellation is not accepted, ePN will not issue a refund unless the dispute is resolved in favor of the party seeking cancellation.

Any and all refunds shall be limited to the amount of fees paid excluding interest and / or penalties.

Under no circumstances will ePN issue a refund on completed transactions.

Release, Hold Harmless and Indemnify

In no event shall, ePN, its affiliates, directors or officers or employees, or partners be liable to you for any loss of profits, use, or data or for any incidental, indirect, special, consequential or exemplary damages however arising that result from (A) the use, disclosure or display of your content; (B) your use or inability to use the Service; (C) the Service generally or the software or systems that make the Service available or (D) any other interactions with ePN or any other user of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not ePN has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

If a dispute arises between any participant and a third party (including but not limited to another participant), the participant (s) agree (s) to release ePN and its directors, officers, employees and agents from all claims and damages (actual and consequential) of any kind and nature, known or unknown, arising out of or in connection with such disputes. Furthermore, the participant (s) agree to hold ePN et. al. harmless for any and all damages. If one or more participants are found to be liable for damages and

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ePN is also found to be liable for damages, whether individually or jointly and severally, those members agree to indemnify ePN for any and all damages it is ordered to pay, including legal fees and costs.

Limited Liability

ePN is a business entity incorporated in Malaysia. As such, any liability which might extend to ePN will not extend to any of its directors, officers, employees, agents, or shareholders. Conversely, any liability which might extend to ePN’s directors, officers, employees, agents or shareholders for actions or conduct occurring outside the scope of their relationship with ePN will not extend to ePN.

EPN will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including but not limited to direct, indirect, incidental, consequential and punitive damages, unless otherwise specified in writing.

Warranties Disclaimer

The Service, is provided “As Is,” without warranty of any kind. ePN does not provide any warranties whatsoever with regard to any of the products shipped, transportation services offered, or any other services offered on / through its website. To the full extent permissible by applicable law, ePN disclaims all warranties, express, implied or statutory, including but not limited to implied warranties of merchantability and fitness for a particular purpose. ePN does not warrant that this site, information content, materials, products or services included on or otherwise made available through this site are free from viruses, malware or other harmful components. Furthermore, ePN makes no warranty or representation that access to or operation of the Service will be uninterrupted or error free.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.

Confidentiality

If at any point you become aware of ePN’s business models, practices, or any other aspect of our business in which we have a protectable interest, regardless of whether such disclosure is a result of our

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intentional or negligent conduct, you agree not to disclose such information to any third party for any reason.

Non-solicitation

Participants (current or former) shall not hire or solicit to hire any employee of ePN, nor shall participants (current or former) otherwise interfere with any of ePN’s business relationships.

Copyright and Trademarks and Intellectual Property

All content included on this site, such as text, graphics, logos, button icons, images, data compilations and software is the property of ePN or its content suppliers and protected by Malaysia and international copyright laws. The compilation of all content on this site is the exclusive property of ePN and protected by U.S. Malaysia and international copyright laws. All software used on this site is the property of ePN or its software suppliers and protected by Malaysia and international copyright laws.

The graphics, logos, page headers, button icons, scripts and service names contained in this website and pertaining to ePN and / or the services offered by ePN are trademarks, registered trademarks or trade dress of ePN in Malaysia and / or other countries. ePN’s trademarks and trade dress may not be used in connection with any product or service that is not ePN’s , in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ePN. All other trademarks not owned by ePN that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by ePN.

You acknowledge and agree that ePN retains ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. ePN reserves all rights that are not expressly granted to you under this Agreement.

Email May Not Be Used To Provide Notice

Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.

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Jurisdiction / Enforceability

Use of this Website / Application shall be governed by and construed in accordance with the laws of Malaysia without giving effect to any principles of conflicts of laws. Any dispute concerning this Application shall be subject to the exclusive venue of a court of competent jurisdiction in Malaysia.

Should any provision of these Terms of Use be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.

Miscellaneous

The headings contained throughout this Agreement are for reference purposes only and do not constitute terms or conditions in and of themselves.

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

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