General Policy

Driver Policy

Tutucars Drivers Terms of Use

Last Updated: May 8th, 2019

Terms of Use for Tutucars Drivers

The Terms of Use stated herein (collectively, the “Term of Use” or this “Agreement”) constitute a legal agreement between you and TUTUCARS SDN. BHD. (1290517-U) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. By using the mobile application provided by the Company (the “Application”), and downloading, installing or using any associated software provided by the Company (“the Software”) which overall purpose is to enable prospects, passenger, clients or customers (collectively, the “Passengers”) seeking transportation services to certain destinations to be matched with third-party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use published from time to time at http://www.tutucars.com or through the Application.

IF YOU DO NOT AGREE to these terms and conditions including the Company’s privacy statement and you are not willing to be bound by them, do not install our software and/or promptly erase it and any part thereof from your mobile phone and do not use it in any manner whatsoever.

The Company offers information and methods for registered transportation providers, drivers, and vehicle operators to schedule, obtain, and establish contact with the prospects, passengers, clients or customers, but does not and will not intend to provide transportation services, act, affiliate, or operate in any way as a taxi operator, transportation carrier, or provider and has no responsibility or liability for any of the transportation services provided to the Passengers by you.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.tutucars.com or through the Application. You hereby agree that it shall be your responsibility to review the Terms of Use regularly; whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

TUTUCARS SDN BHD IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE TRANSPORTATION OR DELIVERY SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. THE PURPOSE OF THE SOFTWARE AND THE APPLICATION IS TO FACILITATE YOU TO OFFER YOUR TRANSPORATION SERVICES TO YOUR PASSENGERS.  THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OR ANY SERVICES PROVIDED BY YOU TO YOUR PASSENGERS, AND FOR ANY ILLEGAL ACTION COMMITTED BY YOU.  YOU SHALL NOT IN ANY MANNER OR AT ANY TIME WHATSOEVER CLAIM OR CAUSE ANY PERSON TO PERCEIVE YOU AS ACTING AS THE AGENT, EMPLOYEE OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU SHALL NOT, IN ANY MANNER WHATSOVER, BE DEEMED AS SERVICES OF THE COMPANY.

As the Company’s transportation providers, you are strictly prohibited from utilizing  the Service for other purposes including but not limited to Data-Mining of the Company’s information or related information to the Application and/or Services, and the Company reserves the right to take such action as may be appropriate or permitted under the laws against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you misuse the Service other than for the purpose for which it is intended to be used.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least twenty-one (21) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of twenty-one (21) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the full legal right, authority, and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provided shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state, and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Service and/or the Software and/or the Application, you represent, warrant, undertake and agree that:-

  • You possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals, and authority to provide transportation for hire to third parties in the jurisdiction in which you use the Service;
  • You own or have the legal right and authority to operate, the vehicle which you intend to use when accepting passengers or customers, and such vehicle is in good operating condition and meets the industry safety standard for a vehicle of its kind;
  • You have a valid policy of liability insurance (in compliance with the industry-standard coverage amounts) for the operation of your vehicle, passenger vehicle, and/or business insurance to cover any anticipated losses related to the operations of a passenger delivery service;
  • You are solely responsible for any and all claims, judgments, and liabilities resulting from any accident, loss, or damage including, but not limited to personal injuries, death, total-loss, and property damages due to or is alleged to be a result of the motor / passenger vehicle and/or passenger delivery service howsoever being operated.
  • You will only use the Service for the purpose for which it is intended to be used in compliance with all the local laws related to the operation of an e-hailing services and will be solely responsible for any violations of such laws;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will only use the Service for lawful purposes;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not impair the proper operation of the network which the Service operates on;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You are aware that when responding to Passengers’ request for transportation services by SMS or use of the Service, standard telecommunication charges will apply and that such charges shall be solely borne by you;
  • You agree that the Service is provided on a reasonable effort basis;
  • You agree that your use of the Service will be subject to Company’s Privacy Policy as may be amended from time to time;
  • You shall not employ 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 Passengers; and
  • You agree to assume full responsibility and liability for all loss or damages suffered, the third party service provider, the Company, or any other third party as a result of breaching the Terms of Use.

License Grant & Restrictions

The Company and its licensors, where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or Software for your own personal use subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its Licensors.

You hereby covenant with the Company that you shall not do the following:-

  • License, sublicense, sell, resell, transfer, assign and/or otherwise commercialize the Application and/or the Software to any third-party for its involvement.
  • Modify, make-do, create derivative works that are based on the Application and/or the Software.
  • Add, create, modify internet links to the Application and/or the Software; or “frame” or “mirror” upon any server or wireless internet-based device.
  • Reverse engineer the Application and/or the Software in order:
    • To amend its properties for products or services competitiveness.
    • To amend its properties for other products or services creation.
    • To copy the ideas, functions, features, and graphics of the products and/or services within the Application and/or the Software.
  • Launch automated programs or scripts that may hinder the operation and/or performance of the Application and/or the Software including but not limited to the following automated programs or scripts:
    • Web Spiders,
    • Web Crawlers,
    • Web Robots,
    • Web Ants,
    • Web Indexers,
    • Bots,
    • Viruses,
    • Worms,
    • or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software
  • Utilize any robots, spiders, site-search & retrieval application, data-mining, or restructure the Application and/or the Software’s contents.
  • Post, distribute and/or reproduce any of the copyrighted materials, trademarks, and/or other proprietary information without prior authoritative approvals from the Company and/or its affiliates and/or its licensors, whichever being the owner of such proprietary rights.
  • Remove any copyright, trademark and/or other proprietary rights in relation to the Services.

The Application and/or the Software is available for your personal purposes and you shall not use the Application and/or Software to:

  • Send spam, duplicative and/or unsolicited messages.
  • Send, store infringing, obscene, threatening, libelous and/or various other unlawful or tortious materials; which are included but not limited to materials deemed to be harmful to children or those that violate third-party rights to privacy.
  • Send harmful materials which contain software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs that will infect and impair the function of the Software.
  • Interfere with or disrupt the Software’s integrity and performances or the data contained therein.
  • Attempt to gain unauthorized access to the Software and/or the Application, or any of the related systems and networks embodied under the Company.
  • Impersonate any person or otherwise misrepresent your affiliation with a person or entity.
  • Any conduct that could damage the Company’s reputation or put the Company’s reputation at risk or any conduct which would amount to being disreputable.

Terms of Payment

Any fees which the Company may charge you for the Service, are due immediately and are non-refundable (“Service Charge”).  This no-refund policy shall apply at all times regardless of your decision to terminate or suspend your usage, disruption caused to the Service, either planned, accidental or intentional, or any reason whatsoever.

You hereby acknowledge that the total amount of fare paid to you by the Passenger shall include the Service Charge, which you are collecting on behalf of the Company. In return for permitting you to offer your Service through the Tutumate platform and marketplace as a transportation provider, you expressly authorize the Company to impose a Service Charge of up to 20% of the stipulated fare for the Service for each time the Passenger completes their rides/ trips PROVIDED ALWAYS THAT the rate of the Service Charge shall be determined by the Company, from time to time, at its discretion.

The Company, at its sole discretion, may amend the promotional offers with various other features and differences in rate to any of the Passengers whereby these offers shall be honored by you. The Company also reserves the right to determine, or change the Service Charge as and when it deems necessary or appropriate to the business.

Payment by Passengers

Passengers would be offered a multitude of ways to pay for the Services, either by cash or, where available, by credit or debit card (“Card”). In the event that Passenger chooses payment by Card, then all payments due to you, including tips (where applicable) for the Service shall be channeled to you in the agreed quantum.

Any complaints that the Passenger shall have regarding the transportation services provided by you shall be dealt with by you directly with the Passenger at the time of its occurrence.

The Company reserves 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 it reasonably believes the Passenger to be in breach of the terms and conditions between the Passenger and the Company.  In such event, the Company shall not be liable to you for any withholding of, delay in, suspension of or cancellation of, any payment that is due to you.

You agree to cooperate in relation to any criminal investigation that is required and to assist the Company with any investigations, instructions, and requests from the authorities or requirements of prevailing laws or regulations in place (“the Investigation Period”).  During such Investigation Period, you shall not hold the Company responsible or liable for any delays, suspensions and cancellation of any payment to you.

Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however, denominated, as may be in force and in connection with any future taxes that may be introduced at any point in time. You further agree to use your best efforts to do anything necessary and required by the relevant laws to enable, assist and/or defend the Company in order to claim or verify any tax input credit, set-off, rebate, or refund in respect of any taxes paid or payable in connection with the Services provided under this Agreement.

Cancellation Terms

You may cancel a Passenger’s booking for transportation services only and only if the Passenger does not show up on time and more than five (5) minutes have lapsed since you have arrived at the designated pickup point.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its Services, Products, Business-Affairs, Marketing & Promotion Plans, and other various other Operations and its associated companies which are directly and/or indirectly disclosed to you or on behalf of the Company; whereby it may be provided orally or in writing, whether before, on or after the date of this Agreement; or otherwise acquired directly and/or indirectly by you from the Company, or from any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information to perform the Services, and shall neither disclose any of the confidential information to any third party nor use it for any other purposes. You shall only disclose such information to such authorized officers, employees, and agents as need know it to fulfill its obligations under this Agreement.

The obligations of confidentiality shall not apply to the extent that you can show that:-

  • the Recipient was already in possession of the relevant information at the time of receipt of such information;
  • the relevant information is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
  • the relevant information was obtained from a third-party who owns the right to disclose it;
  • disclosure of the relevant information was required by law.

PERSONAL DATA PROTECTION

You agree and consent to the Company using and processing your Personal Date for the Purposes and in the manner provided hereinunder.

For the purposes of this Agreement “Personal Data” is defined as the information about you, from which you can be identified through your name, identification card number, birth certificate number, passport number, nationality, residential/correspondence address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company and/or any information about you that has been or may be collected, stored, used, and processed by the Company from time to time including sensitive personal information relating to health, religious, or other similar beliefs. The Company may also accumulate telematics data (e.g. your speed, acceleration, and braking data), device data (e.g. your IMEI number and the installed applications’ names on your device), and your vehicle registration data.

PROVISION OF YOUR PERSONAL DATA IS VOLUNTARY. HOWEVER, IF YOU DO NOT PROVIDE THE COMPANY WITH YOUR PERSONAL DATA, YOUR REQUEST FOR THE APPLICATION MAY BE INCOMPLETE AND THE COMPANY WILL NOT BE PROCESSING THE DATE FOR THE PURPOSES OUTLINED BELOW; WHICH MAY CAUSE THE COMPANY TO REFRAIN USER FROM USING THE SERVICE.

The Company may use and process your Personal Data for business and activities of the Company which shall include but is not limited to the following purposes (“the Purposes”):

  • To perform the Company’s obligations in respect of any contract with you;
  • To provide you with any services pursuant to the Terms & Conditions herein;
  • To process your participation for any events, promotions, training, activities, focus groups, research studies, contests, polls, surveys and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms and Conditions herein and the Company’s policies;
  • To validate and/or process payments pursuant to the Terms and Conditions herein;
  • To process any refunds, rebates, and/or charges pursuant to the Terms & Conditions herein;
  • To facilitate and/or enable any checks as required pursuant to the Terms & Conditions herein;
  • To respond to questions, comments, and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For the Company to comply with its obligations under the law;
  • To send you newsletters, alerts, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
  • To notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
  • To share your 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.

IF YOU DO NOT CONSENT TO THE COMPANY PROCESSING YOUR PERSONAL DATA FOR ANY OF THE PURPOSES, YOU ARE REQUIRED TO NOTIFY THE COMPANY USING THE SUPPORT CONTACT DETAILS AS PROVIDED IN THE APPLICATION AND YOU SHALL REFRAIN FROM INSTALLING, ACCESSING AND UTILIZING THE SOFTWARE AND/OR THE APPLICATION.

If there are any changes to any information which you have previously provided to the Company and/or you wish to terminate your account, please notify such changes and/or submit your termination of account request to the Company’s support department. The Company will, use its best endeavor, to implement the requested changes and/or termination within five (5) working days of receipt upon such notice. By submitting your information, you hereby give your consent to the use of that information as set out in the form of submission and in this Agreement.

Third-Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers and/or sponsors showing their products and/or services through the Service, the Software, and/or the Application SUBJECT ALWAYS to the Company’s prior written consent first being obtained for such third-party interactions.  You hereby acknowledge that you are aware that any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.  The Company and its licensors shall not in any manner whatsoever be liable, obligated or responsible for any such correspondence, purchase, transaction or promotion between you and any such third-party.

The Company does not endorse any applications or sites on the Internet which are “linked” through the Service, the Application, and/or the Software and the Company and its Licensors shall not be held responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company only provide the Service to you pursuant to the Terms of Use contained herein. You are fully aware and hereby acknowledge that certain third-party providers of transportation, goods and/or services may require your agreement to additional and/or different set of terms and conditions prior to your use of or access to such goods and/or services, and the Company is not privy to such terms and conditions and disclaim any responsibility and/or liability arising from such agreements between you and the third-party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not wish to receive such advertisements, you must notify the Company in writing or in accordance to the procedure determined by the Company. As a result, the Company may impose a higher-fee on you due to the absence of advertisements or stop you from using the Application, the Software, and/or the Service altogether. The rate of “higher-fee” will be listed on the official website of the Company as well as within the Application. You consent and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of the customer profile, reports, and/or analysis. You also agree that it is your own responsibility to take all the necessary precautions in all the actions and interactions with any third-party Transportation Provider, or other third-party providers, advertisers, and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify, and hold the Company, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) that arises due to:

    your violation or breach of any terms of this Agreement or any applicable laws and regulations, including any local laws or ordinances, whether or not hereinmentioned;

    your violation of any rights of any third party, inclusive of but not limited to the passengers of your vehicle, the vehicle that you have control over, other motorists, and pedestrians; as a result of  your own interaction with any third-party;

    your use and/or misuse of the Application and/or the Software;

  your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of Passengers or Customers who have procured your transportation services via the Service.

Disclaimer of Warranties

The Company makes no representation, warranty, and/or guarantee to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, the Application and/or the Software. The Company does not warrant or represent any of the following:

  • Use of the Service, Application and/or Software will be secure, timely, uninterrupted and/or error-free or operates in combination with other hardware; software; system and/or data.
  • The Service will meet your requirements and/or expectations.
  • Any stored data will be accurate or reliable.
  • The quality of products, services, information, or materials purchased or obtained by you through the Application and/or through the Software will meet your requirements or expectations.
  • Errors or defects in the Application and/or Software will be corrected.
  • The Application and/or the Software and/or the Server are free of viruses and other harmful components.
  • The Application and/or the Software tracks you or the vehicle used by the transportation provider.

THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. The conditions, representations, and warranties; whether strictly expressed, 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 its optimal extent.

The company does not warrant, nor guarantee nor makes any representation as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to transportation services obtained by or from third parties through the use of the Service, Application and/or the Software. You acknowledge and agree that the entire risk arising from your use of the Service, and any third-party services including but not limited to the transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.

Internet Connection Delay

The Application and/or the Software may be subjected to limitations, delays, and/or other connectivity issues inherent in the use of the internet and electronic communications including the device used by you may be faulty, not connected to the internet, out of range, switched-off, and/or not functioning. The Company shall not be responsible for any delays, delivery failures, damages, and/or losses from such problems.

Limitation of Liability

Any claims made to the Company by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the Service during the event giving rise to such claims. In no event shall the Company and/or its licensors are to be held liable to you or anyone for any direct, indirect, punitive, economic, future, special, exemplary, incidental, consequential, or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, or other economic advantages.

The Company and its Licensors shall not be liable for any losses, damages, or injury which may have been caused to you or to any person for whom you have during the course when You have booked for the trips.

The Company does not and will not assess, nor monitor the suitability, legality, ability, movement and/or location of third party providers including advertisers and sponsors and you expressly waive and release the Company from all liability, claims, and/or damages arising from or is in any way related to the third-party providers and the Company shall not in any manner whatsoever participate or be a party to disputes, negotiations of disputes between you and such third party providers which shall include third party transportation providers, advertisers and/or sponsors. The Company does not and will not manage the payment arrangements between you and  such third party providers, and the Company is not responsible for the decisions you make regarding services and products offered via the Service, Software and/or the Application.  The responsibility for such decisions with all its implications rests solely on you. You hereby expressly waive and release the Company from any liability, claims, causes of actions, and/or damages arising from your use of the Service, Software and/or the Application or that is related to the third party providers introduced to you through the Service, the Application, and the Software.

Notice

The Company may give notice by means of a general notice through the Application, electronic mail to your email address in the record of the Company; or by written communication sent by registered post or pre-paid post to your address in the record of the Company. Such notice shall be deemed to be sufficiently served if it is given by registered or pre-paid post addressed you at your address in the Company’s records and it shall be deemed to have been received at the time   when   such registered letter would in the ordinary course of post be delivered; or after one (1) hour if sent by email, it shall be sufficient served and deemed to have been received one (1) hour after the email is sent out to you. You may give notice to the Company by letters sent by courier or registered mail to the Company using provided contact details in the Application and such notice shall be deemed given when received by the Company.

Assignment

This Agreement as constituted by the terms and conditions, which may be modified from time to time at the Company’s discretion, may not be assigned by you without any prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

General

  • This Agreement shall be governed by Malaysian law, without regards to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, and/or causes of actions arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (the “AIAC”), in accordance with the Rules of AIAC as modified or amended from time to time (“the Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the President of the AIAC shall appoint the Arbitrator in accordance with the Rules.

The seat and the venue of the arbitration shall be at Kuala Lumpur where it shall be carried out in the English language and the fees of the Arbitrator shall be borne equally by both parties provided the Aribitrator may exercise his discretion to require that such fees are to be borne in such manner as the Arbitrator determines is required for the arbitration clause to be enforceable under applicable law.

  • No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
  • The illegality, invalidity or unenforceability of any provision of this Agreement under the laws of any other jurisdiction shall not affect its legality, validity or enforceability under the laws of Malaysia or the legality, validity or enforceability of any other provision of this Agreement.  If any provision of this Agreement or part thereof is rendered void, illegal, or unenforceable in any respect under any law of Malaysia, the validity, legality and enforceability of the remaining provisions shall not in way be affected or impaired thereby.
  • The failure of the Company to enforce any of its rights or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
  • The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
  • You hereby agree that the Company may terminate this Agreement at any given time for whatsoever reason by giving you three (3) days prior notice of such termination. Notwithstanding the generality of the provisions stipulated in this Agreement or anything to the contrary, the Company is entitled to terminate this Agreement immediately in the event that you are found to have breached any of the terms provided in this Agreement. For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with the Company or any other monies paid to the Company in the course of performing your obligations under this Agreement.
Passenger Policy

Tutucars Passengers Terms of Use

Last Updated: May 8th, 2019

Terms of Use for Tutucars Passengers

The Terms of Use stated herein (collectively, the “Term of Use” or this “Agreement”) constitute a legal agreement between you, an individual and TUTUCARS SDN. BHD. (1290517-U) (the “Company”). In order to use the Service you must agree to the Terms of Use that are set out below. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. By using the mobile application provided by the Company (the “Application”), and downloading, installing or using any associated software provided by the Company (“the Software”) which overall purpose is to enable persons seeking transportation services to certain destinations to be matched with third party transportation providers, drivers and vehicle operators (collectively, the “Service”), you hereby expressly acknowledge and agree to be bound by the Terms of Use, and any future amendments and additions to the Terms of Use published from time to time at http://www.tutucars.com or through the Application.  The Company may immediately terminate these Terms of Use or any Service with respect to you, or generally cease offering or deny access to the Service or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Service, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service.  Supplemental terms are in addition to, and shall be deemed a part of, the Terms of Use for the purposes of the applicable Service.  Supplemental terms shall prevail over these Terms of Use in the event of conflict with respect to the applicable Service.

The Company reserves the right to modify, vary and change the Terms of Use or its policies relating to the Service at any time as it deems fit. Such modifications, variations and or changes to the Terms of Use or its policies relating to the Service shall be effective upon the posting of an updated version at http://www.tutucars.com or through the Application. You hereby agree that it shall be your responsibility to review the Terms of Use regularly; whereupon the continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.

YOU ACKNOWLEDGE THAT TUTUCARS SDN BHD DOES NOT PROVIDE TRANSPORTATION OR LOGISTIC SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTIC SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY THE COMPANY OR ANY OF ITS AFFILIATES.  The Service constitutes a technology platform that enables users of the Company’s mobile application or website provided as part of the Service to arrange and schedule transportation and/or logistic services with independent third party providers of such services, including independent third party transportation providers and logistic providers under agreement with the Company or certain affiliates of the Company (“Third Party Providers”).  Unless otherwise agreed by the Company in a separate written agreement with you, the Service is made available solely for your personal, non-commercial use.

Representations and Warranties

By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use and that you are at least eighteen (18) years old. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship. By using the Service, you further represent and warrant that you have the full legal right, authority, and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provided shall be true and accurate. Your use of the Service is for your own sole, personal use. You undertake not to authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state, and city in which you are present while using the Service.

You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

By using the Service and/or the Software and/or the Application, you represent, warrant, undertake and agree that:-

  • You will only use the Service for lawful purposes;
  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
  • You will only use the Service for the purpose for which it is intended to be used;
  • You will not use the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
  • You will not impair the proper operation of the network which the Service operates on;
  • You shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
  • You will not copy, or distribute the Software or other content without written permission from the Company;
  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
  • You will only use an access point or data account which you are authorized to use;
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
  • You will provide the Company with proof of identity as it may reasonably request or require;
  • You acknowledge and agree that only one (1) account can be registered on one device;
  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
  • You are aware that when requesting for transportation services by SMS or use of the Service, standard telecommunication charges will apply and that such charges shall be solely borne by you;
  • You agree that the Service is provided on a reasonable effort basis;
  • You agree that your use of the Service will be subject to Company’s Privacy Policy as may be amended from time to time;
  • You shall not employ 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 passengers; and
  • You agree to assume full responsibility and liability for all loss or damages suffered by yourself, the third party service provider, the Company, or any other third party as a result of any breach of the Terms of Use.

License Grant & Restrictions

The Company and its licensors, where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Application and/or Software for your own personal use subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its Licensors.

You hereby covenant with the Company that you shall not do the following:-

  • License, sublicense, sell, resell, transfer, assign and/or otherwise commercialize the Application and/or the Software to any third-party for its involvement.
  • Modify, make-do, create derivative works that are based on the Application and/or the Software.
  • Add, create, modify internet links to the Application and/or the Software; or “frame” or “mirror” upon any server or wireless internet-based device.
  • Reverse engineer the Application and/or the Software in order:
    • To amend its properties for products or services competitiveness.
    • To amend its properties for other products or services creation.
    • To copy the ideas, functions, features, and graphics of the products and/or services within the Application and/or the Software.
  • Launch automated programs or scripts that may hinder the operation and/or performance of the Application and/or the Software including but not limited to the following automated programs or scripts:
    • Web Spiders,
    • Web Crawlers,
    • Web Robots,
    • Web Ants,
    • Web Indexers,
    • Bots,
    • Viruses,
    • Worms,
    • or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software
  • Utilize any robots, spiders, site-search & retrieval application, data-mining, or restructure the Application and/or the Software’s contents.
  • Post, distribute and/or reproduce any of the copyrighted materials, trademarks, and/or other proprietary information without prior authoritative approvals from the Company and/or its affiliates and/or its licensors, whichever being the owner of such proprietary rights.
  • Remove any copyright, trademark and/or other proprietary rights in relation to the Services.

The Application and/or the Software is available for your personal purposes and you shall not use the Application and/or Software to:

  • Send spam, duplicative and/or unsolicited messages.
  • Send, store infringing, obscene, threatening, libelous and/or various other unlawful or tortious materials; which are included but not limited to materials deemed to be harmful to children or those that violate third-party rights to privacy.
  • Send harmful materials which contain software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs that will infect and impair the function of the Software.
  • Interfere with or disrupt the Software’s integrity and performances or the data contained therein.
  • Attempt to gain unauthorized access to the Software and/or the Application, or any of the related systems and networks embodied under the Company.
  • Impersonate any person or otherwise misrepresent your affiliation with a person or entity.
  • Engage in any conduct that could damage the Company’s reputation or put the Company’s reputation at risk or any conduct which would amount to being disreputable.

Ownership

The Service and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors.  Neither these Terms of Use nor your use of the Service convey or grant to you any rights in or related to the Service except for the limited license granted above; or to use or reference in any manner the Company’s company names, logos, product and service names, trademarks or services marks or those the Company’s licensors.

Terms of Payment

You have the option to pay for the Service, either by cash or, where available, by credit or debit card (“Card”) or where available by such other methods as are made available in the Application.  You understand that use of the Service may result in charges to you for the services you receive from a Third Party Provider (“Charges”).  After you have received services obtained through your use of the Service, the Company will facilitate your payment of the applicable Charges on behalf of the Third Party Provider and payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider.  Charges will be inclusive of applicable taxes where required by law.  Charges paid by you are final and non-refundable, unless otherwise determined by the Company.  All Charges are due immediately and payment will be facilitated by the Company using the preferred payment method designated in your account.

Further you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.  The Company will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges of the amounts thereof.

By using the Application, you will automatically be a member of the loyalty programme operated by the Company and/or its Affiliates.

Promotional Codes

The Company may, in its sole discretion, create promotional codes that may be redeemed for payment credit, or other features or benefits related to the Service and/or Third Party Provider’s services, subject to any additional terms that the Company establishes on a per promotional code basis (“Promo Codes”).  You agree that Promo Codes:-

  • must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise) unless expressly permitted by the Company;
  • may be disabled by the Company at any time for any reason without liability to the Company;
  • may only be used pursuant to the specific terms that the Company establishes for such Promo Codes;
  • are not valid for cash; and
  • may expire prior to your use.

The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the Company believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms of Use.

Taxes

You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however, denominated, as may be in force and in connection with any future taxes that may be introduced at any point in time. You further agree to use your best efforts to do anything necessary and required by the relevant laws to enable, assist and/or defend the Company in order to claim or verify any tax input credit, set-off, rebate, or refund in respect of any taxes paid or payable in connection with the Services provided under this Agreement.

Cancellation Terms

You may choose to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. 

The Company does not designate any portion of your payment as a tip or gratuity to the Third Party Provider.  You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so.  Gratuities are voluntary.  After you utilized the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Ratings by Third Party Providers

The third party transportation providers shall have the right to rate you as a passenger or user of the Service or as a user for whom you book the Service (collectively referred to herein as “User”).  Every rating will be based on, but not limited to the User’s conduct and behaviour before, during and/or after the ride has been completed.

Confidentiality

You shall maintain in confidence all information and data relating to the Company, its Services, Products, Business-Affairs, Marketing & Promotion Plans, and other various other Operations and its associated companies which are directly and/or indirectly disclosed to you or on behalf of the Company; whereby it may be provided orally or in writing, whether before, on or after the date of this Agreement; or otherwise acquired directly and/or indirectly by you from the Company, or from any of its affiliated companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information to perform the Services, and shall neither disclose any of the confidential information to any third party nor use it for any other purposes. You shall only disclose such information to such authorized officers, employees, and agents as need know it to fulfill its obligations under this Agreement.

The obligations of confidentiality shall not apply to the extent that you can show that:-

  • the Recipient was already in possession of the relevant information at the time of receipt of such information;
  • the relevant information is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
  • the relevant information was obtained from a third-party who owns the right to disclose it;
  • disclosure of the relevant information was required by law.

PERSONAL DATA PROTECTION

You agree and consent to the Company using and processing your Personal Date for the Purposes and in the manner provided hereinunder.

For the purposes of this Agreement “Personal Data” is defined as the information about you, from which you can be identified through your name, identification card number, birth certificate number, passport number, nationality, residential/correspondence address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to the Company and/or any information about you that has been or may be collected, stored, used, and processed by the Company from time to time including sensitive personal information relating to health, religious, or other similar beliefs.

PROVISION OF YOUR PERSONAL DATA IS VOLUNTARY. HOWEVER, IF YOU DO NOT PROVIDE THE COMPANY WITH YOUR 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 YOU TO USE THE SERVICE.

The Company may use and process your Personal Data for business and activities of the Company which shall include but is not limited to the following purposes (“the Purposes”):

  • To perform the Company’s obligations in respect of any contract with you;
  • To provide you with any services pursuant to the Terms & Conditions herein;
  • To process your participation for any events, promotions, training, activities, focus groups, research studies, contests, polls, surveys and to communicate with you regarding your attendance thereto;
  • Process, manage or verify your application for the Service pursuant to the Terms of Use  herein and the Company’s policies;
  • To validate and/or process payments pursuant to the Terms of Use herein;
  • To process any refunds, rebates, and/or charges pursuant to the Terms of Use herein;
  • To facilitate and/or enable any checks as required pursuant to the Terms of Use herein;
  • To respond to questions, comments, and feedback from you;
  • To communicate with you for any of the purposes listed herein;
  • For internal administrative purposes, such as auditing, data analysis, database records;
  • For the Company to comply with its obligations under the law;
  • To send you newsletters, alerts, updates, mailers, promotional materials, special privileges, festive greetings from the Company, its partners, advertisers and/or sponsors;
  • To notify and invite you to events or activities organized by the Company, its partners, advertisers, and/or sponsors;
  • To share your 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.

IF YOU DO NOT CONSENT TO THE COMPANY PROCESSING YOUR PERSONAL DATA FOR ANY OF THE PURPOSES, YOU ARE REQUIRED TO NOTIFY THE COMPANY USING THE SUPPORT CONTACT DETAILS AS PROVIDED IN THE APPLICATION AND YOU SHALL REFRAIN FROM INSTALLING, ACCESSING AND UTILIZING THE SOFTWARE AND/OR THE APPLICATION.

If there are any changes to any information which you have previously provided to the Company and/or you wish to terminate your account, please notify such changes and/or submit your termination of account request to the Company’s support department. The Company will, use its best endeavor, to implement the requested changes and/or termination within five (5) working days of receipt upon such notice. By submitting your information, you hereby give your consent to the use of that information as set out in the form of submission and in this Agreement.

Third-Party Interactions

During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers and/or sponsors showing their products and/or services through the Service, the Software, and/or the Application SUBJECT ALWAYS to the Company’s prior written consent first being obtained for such third-party interactions.  You hereby acknowledge that you are aware that any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.  The Company and its licensors shall not in any manner whatsoever be liable, obligated or responsible for any such correspondence, purchase, transaction or promotion between you and any such third-party.

The Company does not endorse any applications or sites on the Internet which are “linked” through the Service, the Application, and/or the Software and the Company and its Licensors shall not be held responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company only provide the Service to you pursuant to the Terms of Use contained herein. You are fully aware and hereby acknowledge that certain third-party providers of transportation, goods and/or services may require your agreement to additional and/or different set of terms and conditions prior to your use of or access to such goods and/or services, and the Company is not privy to such terms and conditions and disclaim any responsibility and/or liability arising from such agreements between you and the third-party providers.

The Company may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. By agreeing to the Terms of Use you agree to receive such advertising and marketing. If you do not wish to receive such advertisements, you must notify the Company in writing or in accordance to the procedure determined by the Company. As a result, the Company may impose a higher-fee on you due to the absence of advertisements or stop you from using the Application, the Software, and/or the Service altogether. The rate of “higher-fee” will be listed on the official website of the Company as well as within the Application. You consent and allow the Company to compile and release information regarding you and your use of the Service on an anonymous basis as part of the customer profile, reports, and/or analysis. You also agree that it is your own responsibility to take all the necessary precautions in all the actions and interactions with any third-party Transportation Provider, or other third-party providers, advertisers, and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

Repair or Cleaning Fees

You shall be liable for the cost of repair for damage to, or necessary cleaning of Third Party Provider vehicles and property resulting from your misuse of the Service or in breach of the Terms of Use herein.  In the event a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by the Company in the Company’s reasonable discretion, the Company reserves the right to facilitate payment for the reasonable cost of such Repair and Cleaning on behalf of the Third Party Provider using your payment method designated in your account or demand from you in cash.  Such amounts will be transferred by the Company to the applicable Third Party Provider and are non-refundable.

Indemnification

By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify, and hold the Company, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) that arises due to:

    your violation or breach of any terms of this Agreement or any applicable laws and regulations, including any local laws or ordinances, whether or not mentioned herein; or

    your use of the Service, the Software and/or the Application in your dealings with the third party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors; or

    your use and/or misuse of the Service, Application and/or the Software; or

  your violation of any rights of any third party, including third party transportation providers arranged via the Service; or

  • your use or misuse if your user account, including if you commit any fraud or misrepresent any information supplied.

Disclaimer of Warranties

The Company makes no representation, warranty, and/or guarantee to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services, the Application and/or the Software. The Company does not warrant or represent any of the following:

  • Use of the Service, Application and/or Software will be secure, timely, uninterrupted and/or error-free or operates in combination with other hardware; software; system and/or data.
  • The Service will meet your requirements and/or expectations.
  • Any stored data will be accurate or reliable.
  • The quality of products, services, information, or materials purchased or obtained by you through the Application and/or through the Software will meet your requirements or expectations.
  • Errors or defects in the Application and/or Software will be corrected.
  • The Application and/or the Software and/or the Server are free of viruses and other harmful components.
  • The Application and/or the Software tracks you or the vehicle used by the transportation provider. 

THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. The conditions, representations, and warranties; whether strictly expressed, 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 its optimal extent.

The company does not warrant, nor guarantee nor makes any representation as to the reliability, safety, timeliness, quality, suitability or availability of any services, including but not limited to transportation services obtained by or from third parties through the use of the Service, Application and/or the Software. You acknowledge and agree that the entire risk arising from your use of the Service, and any third-party services including but not limited to the transportation services remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.

Internet Connection Delay

The Application and/or the Software may be subjected to limitations, delays, and/or other connectivity issues inherent in the use of the internet and electronic communications including the device used by you may be faulty, not connected to the internet, out of range, switched-off, and/or not functioning. The Company shall not be responsible for any delays, delivery failures, damages, and/or losses from such problems.

Limitation of Liability

Any claims made to the Company by you shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilizing the Service during the event giving rise to such claims. In no event shall the Company and/or its licensors are to be held liable to you or anyone for any direct, indirect, punitive, economic, future, special, exemplary, incidental, consequential, or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, or other economic advantages.

The Company and its Licensors shall not be liable for any losses, damages, or injury which may have been caused to you or to any person for whom you have during the course when You have booked for the trips.

The Company does not and will not assess, nor monitor the suitability, legality, ability, movement and/or location of third party providers including advertisers and sponsors and you expressly waive and release the Company from all liability, claims, and/or damages arising from or is in any way related to the third-party providers and the Company shall not in any manner whatsoever participate or be a party to disputes, negotiations of disputes between you and such third party providers which shall include third party transportation providers, advertisers and/or sponsors. The Company does not and will not manage the payment arrangements between you and  such third party providers, and the Company is not responsible for the decisions you make regarding services and products offered via the Service, Software and/or the Application.  The responsibility for such decisions with all its implications rests solely on you. You hereby expressly waive and release the Company from any liability, claims, causes of actions, and/or damages arising from your use of the Service, Software and/or the Application or that is related to the third party providers introduced to you through the Service, the Application, and the Software.

Notice

The Company may give notice by means of a general notice through the Application, electronic mail to your email address in the record of the Company; or by written communication sent by registered post or pre-paid post to your address in the record of the Company. Such notice shall be deemed to be sufficiently served if it is given by registered or pre-paid post addressed you at your address in the Company’s records and it shall be deemed to have been received at the time   when   such registered letter would in the ordinary course of post be delivered; or after one (1) hour if sent by email, it shall be sufficient served and deemed to have been received one (1) hour after the email is sent out to you. You may give notice to the Company by letters sent by courier or registered mail to the Company using provided contact details in the Application and such notice shall be deemed given when received by the Company.

Assignment

This Agreement as constituted by the terms and conditions, which may be modified from time to time at the Company’s discretion, may not be assigned by you without any prior written approval of the Company but may be assigned without your consent by the Company. Any purported assignment by you in violation of this section shall be void.

General

  • This Agreement shall be governed by Malaysian law, without regards to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, and/or causes of actions arising out of or in connection with the Terms of Use or the Service shall be referred to the Asian International Arbitration Centre (the “AIAC”), in accordance with the Rules of AIAC as modified or amended from time to time (“the Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the President of the AIAC shall appoint the Arbitrator in accordance with the Rules.

The seat and the venue of the arbitration shall be at Kuala Lumpur where it shall be carried out in the English language and the fees of the Arbitrator shall be borne equally by both parties provided the Aribitrator may exercise his discretion to require that such fees are to be borne in such manner as the Arbitrator determines is required for the arbitration clause to be enforceable under applicable law.

  • No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of the Terms of Use or use of the Service.
  • The illegality, invalidity or unenforceability of any provision of this Agreement under the laws of any other jurisdiction shall not affect its legality, validity or enforceability under the laws of Malaysia or the legality, validity or enforceability of any other provision of this Agreement.  If any provision of this Agreement or part thereof is rendered void, illegal, or unenforceable in any respect under any law of Malaysia, the validity, legality and enforceability of the remaining provisions shall not in way be affected or impaired thereby.
  • The failure of the Company to enforce any of its rights or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.
  • The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
  • You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.  For the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse or cover any cost incurred by you in the course of you acquiring services from the third party transportation provider under this Agreement.

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