Terms of service

Last update: 25 June 2026

1. INTRODUCTION

Welcome to FreshX. These Terms of Service ("Terms") govern your access to and use of the FreshX platform, including our website, mobile application, merchant portal, and on-demand delivery services (collectively referred to as the "Platform").

By accessing or using any part of the FreshX Platform, you ("User", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Platform.

These Terms apply to all users of the FreshX Platform, including merchants, drivers, recipients, and general website visitors.

FreshX reserves the right to update, amend, or modify these Terms at any time. Continued use of the Platform following any such changes constitutes your acceptance of the revised Terms.

2. DEFINITIONS

In these Terms, the following definitions apply:

"FreshX" refers to the company operating the FreshX Platform, headquartered at 21, Jalan Empat, Chan Sow Lin, 55200 Kuala Lumpur, Malaysia.
"Platform" refers to the FreshX website, mobile application, merchant portal, and driver app collectively.
"Merchant" refers to any business or individual registered on the FreshX Platform to request on-demand delivery services.
"Driver" refers to any individual registered on the FreshX Platform to provide delivery services.
"Recipient" refers to the individual or entity to whom a delivery is addressed.
"Delivery Request" refers to a request submitted by a Merchant through the Platform for an on-demand delivery.
"Delivery Fee" refers to the total fee charged to the Merchant for a completed delivery, including base fare, distance charges, toll surcharges, and any applicable fees.
"FreshX Driver Certification" refers to the certification awarded to Drivers upon successful completion of the FreshX online onboarding training programme.
"Content" refers to all text, images, data, information, and materials available on or through the Platform.

3. ELIGIBILITY

3.1 General Eligibility

To use the FreshX Platform, you must:

Be at least 18 years of age
Be a Malaysian citizen, permanent resident, or hold a valid work permit in Malaysia
Have the legal capacity to enter into a binding agreement
Not have been previously suspended or terminated from the FreshX Platform

3.2 Merchant Eligibility

To register as a Merchant on FreshX, you must:

Be a legally registered business or sole proprietor operating in Malaysia
Provide accurate and complete business information during registration
Agree to FreshX's Merchant policies and commission structure

3.3 Driver Eligibility

To register as a Driver on FreshX, you must:

Be at least 18 years of age
Hold a valid Malaysian driving licence
Own or have legal use of a registered and roadworthy vehicle with valid road tax
Possess a valid MyKad (National ID)
Hold an active Malaysian bank account
Successfully complete the FreshX online onboarding training and obtain your FreshX Driver Certification

4. ACCOUNT REGISTRATION & SECURITY

4.1 Account Creation

To access certain features of the FreshX Platform, you are required to create an account. You agree to:

Provide accurate, complete, and current information during registration
Keep your account information up to date at all times
Maintain the confidentiality of your login credentials
Not share your account with any third party

4.2 Account Security

You are solely responsible for all activities that occur under your account. FreshX shall not be liable for any loss or damage arising from unauthorised access to your account. If you suspect any unauthorised use of your account, notify us immediately at support@freshx.com.my.

4.3 Account Suspension & Termination

FreshX reserves the right to suspend or terminate any account at any time, without prior notice, if we have reason to believe that:

You have violated these Terms
Your account has been compromised or used fraudulently
Your conduct poses a risk to other users or the integrity of the Platform
You have provided false or misleading information during registration

5. DELIVERY SERVICES

5.1 Nature of Service

FreshX is an on-demand delivery platform that connects Merchants with Drivers for the purpose of delivering fresh flowers, fruits, vegetables, live plants, foliage, and other fresh perishable products. FreshX does not operate as a traditional courier and does not own or control the products being delivered.

5.2 Delivery Requests

All delivery requests must be submitted through the FreshX Platform
Merchants are responsible for ensuring that all delivery details — including pickup address, recipient address, contact information, and handling instructions — are accurate and complete
FreshX will make reasonable efforts to fulfil all delivery requests, subject to driver availability and coverage in the requested area
Submission of a delivery request does not constitute a guarantee of delivery

5.3 Delivery Coverage

FreshX operates nationwide across Malaysia, subject to driver availability in specific areas. Coverage may vary by location. FreshX reserves the right to decline delivery requests in areas outside our current service coverage.

5.4 Delivery Attempts

FreshX operates on a strict on-demand delivery model. All deliveries are dispatched and fulfilled immediately upon pickup. The following terms apply in the event of a failed delivery:

FreshX drivers will make one (1) delivery attempt only per order. No second or subsequent delivery attempts will be made.
In the event that the recipient is unreachable or unavailable at the time of delivery, the Driver will immediately contact the Merchant (sender) to seek further instructions.
Where it is confirmed that the delivery cannot be completed — and it is not safe or appropriate to leave the items unattended at the delivery location due to weather conditions, security concerns, or other valid reasons — the Driver will return the items to the Merchant.
In such cases, an additional charge of 80% of the original delivery fee will be imposed on the Merchant for the return trip. This charge will be added to the Merchant's account and is non-negotiable.
No refund will be issued for any failed delivery, regardless of the reason for non-completion.
Merchants are strongly advised to ensure that recipients are available and reachable at the time of delivery to avoid additional charges.

5.5 Multiple Drop-Off Deliveries

Merchants may request multiple drop-off deliveries in a single delivery request. All drop-off points must be submitted at the time of the request. Additional charges may apply for multiple drop-off deliveries.

5.6 Instant & Scheduled Deliveries

FreshX supports both instant on-demand delivery and advance scheduled deliveries. All deliveries are dispatched based on the Merchant's requested pickup date and time, subject to driver availability.

5.7 Prohibited Items

FreshX strictly delivers fresh flowers, fruits, vegetables, live plants, foliage, and fresh perishable products only. The following items are strictly prohibited:

Illegal substances, narcotics, or contraband
Weapons, explosives, or hazardous materials
Alcohol or tobacco products
Non-fresh or processed food items not listed as accepted product categories
Any item that is illegal under Malaysian law

FreshX reserves the right to refuse, cancel, or report any delivery request suspected of containing prohibited items to the relevant authorities.

6. MERCHANT TERMS

6.1 Merchant Responsibilities

As a Merchant, you agree to:

Provide accurate pickup and delivery information for all delivery requests
Ensure all items are properly packed and ready for pickup at the requested time
Ensure all items meet FreshX's freshness and quality standards at the time of pickup
Treat FreshX drivers with respect and professionalism at all times
Comply with all applicable Malaysian laws and regulations in connection with your business operations

6.2 Commission & Fees

FreshX charges a service commission per successful delivery completed
Delivery fees are calculated based on distance, vehicle type, order requirements, and applicable surcharges
Toll charges incurred during the delivery journey will be declared by the driver and added as a surcharge to the total delivery fee
All applicable fees are displayed transparently before order confirmation
FreshX reserves the right to revise its commission and fee structure with prior notice to Merchants

6.3 Merchant Dashboard

Merchants are provided access to a dedicated dashboard for managing delivery requests, tracking active deliveries, viewing delivery history, and downloading invoices. Merchants are responsible for maintaining the security of their dashboard access credentials.

6.4 Merchant Conduct

FreshX reserves the right to suspend or terminate a Merchant account if the Merchant is found to:

Submit false or misleading delivery requests
Attempt to use the FreshX Platform for prohibited deliveries
Engage in any form of abuse, harassment, or misconduct towards FreshX drivers or staff
Violate any of these Terms or applicable Malaysian laws

7. DRIVER TERMS

7.1 Driver Status

Drivers on the FreshX Platform operate as independent contractors and not as employees, agents, or partners of FreshX. FreshX does not control the working hours, routes, or methods of Drivers, except to the extent necessary to ensure compliance with these Terms and FreshX's delivery standards.

7.2 Driver Responsibilities

As a Driver, you agree to:

Maintain a valid driving licence, vehicle registration, and road tax at all times
Complete the FreshX online onboarding training and obtain your FreshX Driver Certification before accepting any delivery
Handle all fresh and perishable items with the care and standards outlined in FreshX's handling guidelines
Behave professionally and courteously towards Merchants, recipients, and FreshX staff at all times
Accurately declare all toll charges incurred during deliveries through the FreshX Driver app
Report any delivery issues, accidents, or incidents immediately through the FreshX Driver app
Not consume, tamper with, or mishandle any items entrusted to you for delivery
Comply with all Malaysian road traffic laws and regulations while on duty

7.3 Driver Earnings & Payouts

Driver earnings are calculated based on completed deliveries, distance travelled, and applicable incentives.
Earnings are not transferred automatically. Drivers must submit a withdrawal request through the FreshX Driver app in order to receive their payout.
Drivers must accumulate a minimum withdrawal balance of RM250 before a withdrawal request can be submitted.
Withdrawal requests are processed on a biweekly basis on the 15th and 30th of every month. Requests submitted before the payout date will be processed in that cycle. Requests submitted after the payout date will be carried forward to the next payout cycle.
Upon approval, earnings will be transferred directly to the Driver's registered Malaysian bank account within the applicable payout cycle.
FreshX reserves the right to withhold or delay earnings in the event of a dispute, ongoing investigation, or suspected fraudulent activity until the matter is resolved.
FreshX shall not be liable for any delays in payout caused by incorrect bank account information provided by the Driver.

7.4 Security Deposit

All Drivers are required to maintain a minimum security deposit of RM200 in their FreshX account at all times. This deposit is held as a security balance and does not form part of the Driver's available earnings for withdrawal. The security deposit may be used by FreshX to offset any losses, damages, or liabilities arising from the Driver's actions or omissions.

7.5 Driver Certification

All Drivers must successfully complete the FreshX online onboarding training programme and pass the assessment quiz with a minimum score of 90% to be a certified FreshX Driver. Drivers who is not recognized as certified FreshX Drivers are not permitted to accept or complete deliveries on the Platform.

7.6 Driver Conduct

FreshX reserves the right to suspend or terminate a Driver account if the Driver is found to:

Mishandle, damage, consume, or tamper with any delivery items
Provide false information during registration or during a delivery
Engage in any form of abuse, harassment, or misconduct towards Merchants, recipients, or FreshX staff
Violate Malaysian road traffic laws while on duty
Fail to maintain the required vehicle standards, valid licence, or road tax
Engage in fraudulent activity including false delivery confirmations or false toll declarations
Violate any of these Terms or applicable Malaysian laws

8. FEES, PAYMENTS & BILLING

8.1 Delivery Fees

Delivery fees are calculated based on distance, vehicle type, order size, and applicable surcharges. A fee estimate is displayed to the Merchant before confirming a delivery request.

8.2 Toll Surcharges

Any toll charges incurred by the Driver during the delivery journey will be declared through the FreshX Driver app and added as a transparent surcharge to the total delivery fee charged to the Merchant.

8.3 Payment Methods

FreshX accepts the following payment methods:

Credit and debit cards
E-wallets
Online banking transfer (FPX)

8.4 Taxes

All applicable taxes, including any Sales and Services Tax (SST), are included in the displayed delivery fee. Merchants are responsible for their own tax obligations in relation to their business operations.

8.5 Invoicing

Invoices are automatically generated for all completed deliveries and are available for download through the Merchant dashboard.

8.6 Disputed Charges

If you believe you have been incorrectly charged, please contact FreshX support at support@freshx.com.my within 7 days of the transaction. FreshX will review all disputed charges and respond within 3 working days.

8.7 Fee Revisions

FreshX reserves the right to revise its fee structure at any time. Merchants will be notified of any significant changes to the fee structure with reasonable prior notice.

9. CANCELLATIONS & REFUNDS

9.1 Merchant Cancellations

Delivery requests may be cancelled free of charge before a Driver has been assigned. A full refund of the delivery fee will be issued.
Cancellations made after a Driver has been assigned but before the Driver arrives at the pickup location are subject to a cancellation fee of 50% of the total delivery fee. The remaining 50% will be refunded to the Merchant.
Cancellations made after the Driver has arrived at the pickup location are subject to a cancellation fee of 100% of the total delivery fee. No refund will be issued.
All cancellations must be submitted through the FreshX portal or app. Cancellation fees will be automatically calculated and reflected in the Merchant's account.
FreshX reserves the right to waive cancellation fees at our discretion in exceptional circumstances upon review.

9.2 Driver Cancellations

Drivers are discouraged from cancelling accepted delivery orders except in genuine emergencies
Repeated cancellations without valid reason may result in account suspension or termination
All Driver cancellations must be reported with a valid reason through the FreshX Driver app

9.3 FreshX Cancellations

FreshX reserves the right to cancel any delivery request in the following circumstances:

No available driver in the requested area
Delivery request contains prohibited items
Technical or system errors affecting the delivery
Force majeure events including severe weather, natural disasters, or government restrictions

9.4 Refund Policy

Refunds are issued for cancellations made before Driver assignment
Refunds will not be issued for failed deliveries caused by recipient unavailability or incorrect address
Refunds will not be issued for cancellations made after Driver arrival at pickup
All approved refunds will be processed within 7–14 working days to the original payment method
FreshX reserves the right to decline a refund request if the cancellation policy has been breached

10. REAL-TIME TRACKING & DATA

10.1 Location Tracking

FreshX collects real-time GPS location data from Drivers during active deliveries. This data is used to provide live tracking to Merchants and recipients and to monitor delivery performance.

10.2 Photo Confirmation

A photo confirmation is required at every delivery drop-off point. This photo is stored on the FreshX Platform and is accessible to the Merchant and FreshX support staff.

10.3 Delivery Data

FreshX retains delivery records, including pickup and drop-off details, timestamps, delivery confirmations, and transaction history, in accordance with our Privacy Policy and applicable Malaysian law.

11. INTELLECTUAL PROPERTY

11.1 FreshX Ownership

All content, trademarks, logos, brand names, service marks, graphics, and intellectual property on the FreshX Platform are the exclusive property of FreshX or its licensors. Nothing in these Terms grants you any right, licence, or interest in any of FreshX's intellectual property.

11.2 Restricted Use

You may not reproduce, copy, distribute, modify, publish, transmit, or create derivative works from any FreshX content without our prior written consent.

11.3 User Content

By submitting any content to the FreshX Platform — including delivery instructions, feedback, reviews, or photos — you grant FreshX a non-exclusive, royalty-free, worldwide licence to use, store, and display such content in connection with the operation and promotion of our services.

12. DISCLAIMERS & LIMITATIONS OF LIABILITY

12.1 Platform Availability

FreshX does not guarantee that the Platform will be available at all times, error-free, or uninterrupted. We reserve the right to suspend, modify, or discontinue any part of the Platform at any time without prior notice.

12.2 Service Guarantee

FreshX makes reasonable efforts to ensure timely and accurate delivery of all orders. However, we do not guarantee delivery times and shall not be liable for delays caused by traffic, weather, force majeure events, or other circumstances beyond our control.

12.3 Product Condition

FreshX takes reasonable precautions to ensure fresh items are handled with care. However, FreshX does not guarantee the condition of fresh produce beyond the point of delivery and shall not be liable for the natural deterioration of perishable items after successful delivery.

12.4 Limitation of Liability

To the maximum extent permitted by Malaysian law, FreshX's total liability to you for any claim arising from or related to the use of our Platform or services shall not exceed the total amount paid by you for the specific delivery order giving rise to the claim.

FreshX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profit, loss of revenue, loss of data, or business interruption, arising from your use of the Platform.

12.5 Third-Party Services

FreshX is not responsible for the acts, omissions, or conduct of any third-party service providers integrated with or linked to our Platform.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FreshX, its directors, officers, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

Your use of or access to the FreshX Platform
Your violation of these Terms
Your violation of any applicable Malaysian law or regulation
Any dispute between you and another user of the Platform
Any false or misleading information provided by you to FreshX

14. FORCE MAJEURE

FreshX shall not be held liable for any failure or delay in the performance of our services arising from causes beyond our reasonable control, including but not limited to:

Natural disasters, floods, or severe weather conditions
Acts of God or acts of government
Road closures, public emergencies, or civil unrest
Pandemic, epidemic, or public health emergencies
Power failures or internet outages
Any other event beyond FreshX's reasonable control

15. DISPUTE RESOLUTION

15.1 Internal Resolution

In the event of any dispute arising from the use of the FreshX Platform, we encourage you to contact our support team in the first instance at support@freshx.com.my. FreshX aims to resolve all disputes within 7 working days of receipt.

15.2 Governing Law

These Terms are governed by and construed in accordance with the laws of Malaysia. Any disputes that cannot be resolved internally shall be subject to the exclusive jurisdiction of the Malaysian courts.

15.3 No Class Action

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

16. PRIVACY

Your use of the FreshX Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

17. AMENDMENTS TO THESE TERMS

FreshX reserves the right to amend these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. Where changes are material, we will notify you via email or through a prominent notice on the Platform. Your continued use of the Platform following any amendments constitutes your acceptance of the revised Terms.

18. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable under applicable Malaysian law, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any other policies or guidelines published on the FreshX Platform, constitute the entire agreement between you and FreshX with respect to your use of the Platform and supersede all prior agreements, representations, or understandings.

20. CONTACT US

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

FreshX Logistics Sdn Bhd
Address: 21, Jalan Empat, Chan Sow Lin, 55200 Kuala Lumpur, Malaysia
Email: support@freshx.com.my
Tel: +601 2819 6118
Website: www.freshx.com.my

By using the FreshX Platform, you confirm that you have read, understood, and agreed to these Terms of Service.

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