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Legal

Terms and Conditions

These Terms and Conditions govern the use of the TradeShield website and the submission and provision of TradeShield Track & Trace and Recovery services. TradeShield is operated by E-Cure Sdn. Bhd. (Company No. 200401022720 (661225-X)), 23-5 Menara Bangkok Bank, Berjaya Central Park, Jalan Ampang, 50450 Kuala Lumpur, MALAYSIA.

Our Services

TradeShield provides commercial trade protection services including:

Track & Trace, which may include consignment monitoring, shipment verification, document review, enquiries with relevant parties, identification of irregularities and reporting; and

Recovery, which may include case assessment, document and transaction review, tracing and verification of relevant parties, recovery engagement, negotiation and coordination of further recovery or enforcement action where appropriate.

The exact scope of each assignment will be stated in the relevant quotation, proposal or written confirmation issued by TradeShield.

Enquiries and Acceptance of Assignments

Submission of an enquiry does not automatically create an engagement or require TradeShield to accept the assignment.

TradeShield will first review the information provided and may request further documents or information.

An assignment will commence only after TradeShield:

  • accepts the matter;
  • confirms the applicable scope and fees; and
  • receives any required payment or deposit.

Your Obligations

By submitting an enquiry, you confirm that:

  • the information and documents you provide are accurate to the best of your knowledge;
  • you are authorised to submit the enquiry and any supporting documents;
  • you have a legitimate interest in the relevant shipment, transaction, claim or matter;
  • information supplied to TradeShield has been obtained and disclosed lawfully; and
  • you will not use TradeShield's services for any unlawful, fraudulent, abusive or improper purpose.

Track & Trace

Track & Trace is a monitoring, verification and risk management service.

Unless expressly stated otherwise, it does not constitute continuous GPS tracking, physical surveillance, carriage, freight forwarding, customs brokerage or insurance.

TradeShield may rely on information obtained from clients, carriers, freight forwarders, agents, databases, documents, public sources and other relevant third parties.

Recovery

Recovery services are provided on a best-efforts basis.

No recovery outcome is guaranteed.

We will use reasonable efforts to perform the agreed services but cannot guarantee uninterrupted visibility, the accuracy of third-party information, prevention of loss or fraud, or the successful delivery of any consignment.

  • The success of a recovery may depend on factors outside TradeShield's control, including the available evidence, location and financial position of the relevant party, applicable law, jurisdiction, third-party cooperation and the willingness of the relevant party to resolve the matter.
  • TradeShield does not exercise court, governmental or statutory enforcement powers.
  • Where legal proceedings or another regulated professional service is required, TradeShield may recommend or coordinate with an appropriately qualified or authorised third party.
  • All Recovery services remain subject to applicable Malaysian law and any licensing, registration or regulatory requirements applicable to the particular assignment.

Authority to Make Enquiries

Where reasonably required to perform an accepted assignment, you authorise TradeShield to make lawful enquiries and communicate with relevant parties.

These may include carriers, freight forwarders, shipping agents, warehouse operators, counterparties, corporate representatives, professional advisers, database providers, public authorities and other relevant parties.

TradeShield will not knowingly or intentionally use unlawful means to obtain information.

Fees and Payment

Fees will be stated on the website or in the quotation or proposal issued for the assignment.

Where a quotation is required, payment will be requested only after the matter has been reviewed and accepted.

TradeShield is not required to commence work until the required payment has been received.

Any additional work outside the agreed scope may be subject to further quotation and approval.

Payments may be processed through a third-party payment provider, whose own terms may also apply.

Cancellation and Refunds

Where TradeShield declines an assignment before substantive work begins, amounts paid for services that will not be performed will be refunded, subject to any unavoidable third-party or transaction charges permitted under the law.

Where work has already commenced, any refund will take into account work performed and costs reasonably incurred.

Any specific cancellation or refund terms stated in a quotation or proposal will apply to that assignment.

Confidentiality

TradeShield will treat confidential information received in connection with an assignment with reasonable care.

Information may be disclosed where reasonably necessary to perform the assignment, to professional or operational service providers involved in the assignment, where authorised by the client, or where required or permitted by law.

Personal Data

Personal data will be collected and processed in accordance with the TradeShield Privacy Policy and Personal Data Protection Notice and applicable Malaysian data protection law.

By providing personal data relating to another person, you confirm that you have lawful authority or another lawful basis to provide that information for the relevant purpose.

Reports and Information

Reports, updates and findings are based on information reasonably available at the time they are prepared.

Information obtained from third parties may be incomplete, delayed or subsequently changed.

Unless otherwise agreed, TradeShield reports are prepared for the client and the purpose of the particular assignment and should not be relied upon by unrelated third parties.

No Guarantee or Professional Advice

TradeShield provides trade protection, verification, monitoring and recovery support services. We do not guarantee the success of any shipment, investigation, trace, negotiation or recovery.

Limitation of Liability

Unless expressly agreed otherwise through an appropriately qualified professional, our services do not constitute legal, tax, accounting, investment, insurance or customs advice.

To the extent permitted by law, TradeShield will not be responsible for indirect or consequential losses or losses caused by inaccurate information or acts of third parties outside our reasonable control.

Subject to any liability that cannot lawfully be excluded, TradeShield's total liability arising from an assignment will not exceed the professional fees paid to TradeShield for the relevant service.

Nothing in these Terms excludes liability that cannot legally be excluded under Malaysian law.

Suspension or Termination

TradeShield may suspend or terminate an assignment where:

  • required payments or information are not provided;
  • false or misleading information has been supplied;
  • the client breaches these Terms;
  • continued work may breach applicable law or regulation; or
  • TradeShield reasonably suspects unlawful or improper conduct.

Intellectual Property

The TradeShield name, website, materials, methodologies, reports, processes and other intellectual property created by or for TradeShield remain the property of TradeShield or its licensors unless otherwise agreed.

Clients may use deliverables provided to them for the legitimate purposes of their assignment.

Governing Law

These Terms are governed by the laws of Malaysia. Any dispute that cannot first be resolved through good-faith discussions will be subject to the jurisdiction of the courts of Malaysia.

Contact

For questions regarding these Terms and Conditions, please contact:

TradeShield

Operated by: E-Cure Sdn. Bhd.

Company No. 200401022720 (661225-X)

Email: support@ecureconsult.com

Telephone: +60 3-2181 6027

Address: 23-5 Menara Bangkok Bank, Berjaya Central Park, Jalan Ampang, 50450 Kuala Lumpur, MALAYSIA