Privacy Policy

Privacy Policy

EFFECTIVE FROM 1ST MARCH 2019

IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT TRANSPORTER AT (EMAIL ADDRESS). FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE LAWS RELATION TO INFORMATION TECHNOLOGY SUCH AS THE DIGITAL SIGNATURE ACT 1997, COMMUNICATION AND MULTIMEDIA ACT 1998, COPYRIGHT (AMNEDMENTS) ACT 1997, ELECTRONIC COMMERCE ACT 2006, PAYMENTS SYSTEM ACT 2003, PERSONAL DATA PROTECTION ACT 2010 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS RECOGNISED UNDER THE CYBER LAWS.

THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS MASTER SERVICE AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE MASTER SERVICE AGREEMENT.

IMPORTANT - PLEASE ENSURE THAT YOU READ AND UNDERSTAND CAREFULLY ALL THE PROVISIONS OF THIS MASTER SERVICE AGREEMENT AND EXHIBITS BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE MASTER SERVICE AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TRANSPORTER IN RESPECT OF THE SERVICES OF THE PORTAL.

THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE OR ENGAGE IN TRANSPORTATION SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. THE SOFTWARE AND THE APPLICATION ARE INTENDED TO BE USED FOR FACILITATING YOU (AS A TRANSPORTATION PROVIDER) TO OFFER YOUR TRANSPORTATION SERVICES TO YOUR PASSENGER OR CUSTOMER. THE COMPANY IS NOT RESPONSIBLE OR SHALL BE LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY SERVICES YOU MAY HAVE PROVIDED TO YOUR PASSENGERS, AND FOR ANY ILLEGAL ACTS OR ACTION COMMITTED BY YOU. YOU SHALL, AT ALL MATERIAL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE AGENT, EMPLOYEE OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU IS NOT, IN ANYWAY, BE DEEMED AS SERVICES OF THE COMPANY.

YOU ARE FORBIDDEN FROM PROMOTING COMPETITORS’ APPLICATIONS, GIVING OUT COUPONS AND SUGGESTING ANY OTHER FORM OF DISCOUNTS TO THE PASSENGERS OR CUSTOMERS. YOU ARE STRICTLY FORBIDDEN TO USE THE SERVICE FOR SUCH OTHER PURPOSE SUCH AS BUT NOT LIMITED TO DATA MINING OF THE COMPANY’S INFORMATION OR INFORMATION RELATED TO THE APPLICATION OR THE SERVICE. A BREACH HEREOF CONSTITUTES A GRAVE OFFENCE AND MAY BE TREATED AS INDUSTRIAL ESPIONAGE OR SABOTAGE, 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.

MASTER SERVICE AGREEMENT

This Master Service Agreement (hereinafter referred to as the said “Agreement”) is made and entered on this day of 2019

BETWEEN

CABCAR SDN BHD (CR NO: 1311646­P), a company limited by shares and registered under the Companies Act, 2016 and having its business address at NO. 38, JALAN SS15/4B, 47500 SUBANG JAYA, SELANGOR DARUL EHSAN (hereinafter referred to as “TRANSPORTER” which expression shall mean and include its representatives, successors- in–office, affiliates and assigns) on the ONE PART;

AND

A transport service provider who may be a Company operating taxi, which provides vehicles on hire and are desirous of listing itself and its fleet of vehicles on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through the Vehicle(s) to the users of Portal.

The transport service provider has represented that the transport service provider fulfils the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of transport services through the Portal.

OR

A transport service provider who is a driver and/or Rider, desirous of listing himself/herself and his/her vehicle on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through his/her Vehicle(s) to the users of Portal. The transport service provider has represented that the transport service provider fulfils the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of transport services through the application known as Portal (hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.

TRANSPORTER and the Transport Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.

Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.

WHEREAS CABCAR owns and operates an online market place called “TRANSPORTER” an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by TRANSPORTER (hereinafter referred to as the said “Portal”) that lists and aggregates the TRANSPORTER service providers as registered with it.

AND WHEREAS on the basis of the representations and warranties provided by the Transport Service Provider, TRANSPORTER has agreed to list the Transport Service Provider and the Vehicle(s) on the Portal application (“TRANSPORTER”) to enable the Transport Service Provider to provide transport services (“Services”) through the ‘TRANSPORTER’ application in accordance with the terms and conditions as hereinafter provided.

NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS

1. SCOPE AND OBLIGATIONS

All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:

  • The execution of this Agreement and providing the details in Exhibit A (hereinafter referred to as “Registration Data”) shall effect in the registration of the TRANSPORTER Service Provider and the Vehicle(s) with TRANSPORTER and shall make the TRANSPORTER Service Provider eligible for an online account on the TRANSPORTER application (“Account”) for providing Services through the application.
  • The Transport Service Provider and Vehicle(s) registration with TRANSPORTER shall at all times be subject to compliance with the requirements set out in Exhibit D and Exhibit B respectively. The Transport Service Provider and Vehicle(s) registration with TRANSPORTER shall further be subject to such other details and documents in respect of the Transport Service Provider and the Vehicle(s) as is more fully described in Exhibit A. The Transport Service Provider hereby understands and consents to the collection, storage and sharing of identity card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of on boarding and background verification.
  • The Transport Service Provider acknowledges and agrees that all rights, obligations and liabilities of the Transport Service Provider and TRANSPORTER shall be governed in accordance with this Agreement and the Transport Service Provider terms and conditions available at the offices of TRANSPORTER (“Transport Service Provider T&C”) and, a copy of which is annexed as Exhibit B to this Agreement. The Transport Service Provider hereby represents that the Transport Service Provider has read and understood this Agreement and the Transport Service Provider T&C fully and the terms contained therein are agreeable to the Transport Service Provider.

2. DEVICE

For registration on the Application, the device of such model and functionality as may be specified and notified by TRANSPORTER to the Transport Service Provider, more specifically set out under the Commercial Term Segment in Exhibit C, may be either provided by TRANSPORTER or the Transport Service Provider may bring his own device. The Transport Service Provider hereby agrees that TRANSPORTER Device or Non-TRANSPORTER Device (both the terms defined hereunder), as the case may be, shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to TRANSPORTER Device / Non-TRANSPORTER Device shall be as set out below: -

  • Non-TRANSPORTER Device:
    For registration on the Application, the Transport Service Provider may bring his own Non-TRANSPORTER Device, of such model and functionality as may be specified and notified by TRANSPORTER to the Driver (“Non-TRANSPORTER Device”). In such event TRANSPORTER will assist the Transport Service Provider in installing the Application in the Non-TRANSPORTER Device brought by the Transport Service Provider after TRANSPORTER verifies that the Non-TRANSPORTER Device meets the requirements and specifications as required by TRANSPORTER. TRANSPORTER shall also instruct the Transport Service Provider in the use of the Non-TRANSPORTER Device in respect of the Application and the Transporter Portal, if required. If the Non-TRANSPORTER Device is stolen, the Transport Service Provider shall ensure that the Application and his/her Account is immediately blocked, suspended or deactivated. In such event, the Transport Service Provider shall approach TRANSPORTER’s designated office with a new Non-TRANSPORTER Device for installation of the Application in the new Non-TRANSPORTER Device and charge such fee as may be determined by TRANSPORTER under clause II(4) of this Agreement.
  • The Transport Service Provider shall not use the Non-TRANSPORTER Device for any illegal or unlawful purposes and shall use the Non-TRANSPORTER Device solely in accordance with the terms of this Agreement. The Transport Service Provider shall solely be responsible and liable for any violations of law committed by the Transport Service Provider, misuse of the Non-TRANSPORTER Device and misuse of the sim card used in the Non-TRANSPORTER Device.
  • In the event the Application is not functioning properly on the Non-TRANSPORTER Device, the Transport Service Provider shall immediately deposit the Non-TRANSPORTER Device only at TRANSPORTER’s designated office for any malfunctions with the Application and compatibility of the Non-TRANSPORTER Device with the Application.
  • If the Non-TRANSPORTER Device is damaged and is not repairable due to any act or omission of the Transport Service Provider, the Transport Service Provider shall immediately approach only TRANSPORTER’s designated office with a new Non-TRANSPORTER Device for installation of the Application on the new Non-TRANSPORTER Device. In this connection, TRANSPORTER may charge such fees as may be determined by TRANSPORTER for re-installation of the Application in the Non-TRANSPORTER Device. Additionally, the Transport Service Provider may also request TRANSPORTER to provide an TRANSPORTER Device, as set out in clause II (5) below. If the Transport Service Provider is unable to bring a new Non-TRANSPORTER Device or obtain an TRANSPORTER Device in accordance with clause II (5) below, TRANSPORTER shall be entitled to terminate this Agreement along with the Exhibits with immediate effect.
  • TRANSPORTER Device:
    For registration on the Application, if the Transport Service Provider does not have a Non-TRANSPORTER Device, TRANSPORTER will provide a device, of such model and functionality as may be required by TRANSPORTER. Further, TRANSPORTER may provide other additional devices to the Transport Service Provider including but not limited to devices for ‘TRANSPORTER Play’, the usage and purposes of which will be determined and notified by TRANSPORTER to the Transport Service Provider from time to time. All the devices provided by TRANSPORTER to the Transport Service Provider shall be collectively referred to as “TRANSPORTER Device(s)”. ‘TRANSPORTER Play’ means a proprietary in-car and cloud technology platform owned and operated by TRANSPORTER, which is intended to provide a fully connected interactive experience to the Customer.
  • TRANSPORTER will assist the Transport Service Provider in installing the Transporter Application and other programs including but not limited to software, applications, and content, as may be solely determined by TRANSPORTER, in the TRANSPORTER Device(s) provided by TRANSPORTER. TRANSPORTER will instruct and train the Transport Service Provider for use of the TRANSPORTER Device(s), if required.
  • The Transport Service Provider shall not use the TRANSPORTER Device(s) for any illegal or unlawful purposes including but not limited to playing / watching pornographic content on the TRANSPORTER Device and shall use the TRANSPORTER Device(s) solely for purposes determined by TRANSPORTER and strictly in accordance with this Agreement. The Transport Service Provider shall solely be responsible and liable for any violations of law committed by the Transport Service Provider, misuse of the TRANSPORTER Device(s) and misuse of the sim card provided, if any, with the TRANSPORTER Devices.
  • The Transport Service Provider shall ensure that the TRANSPORTER Device(s) is maintained in his/her possession in a proper manner. TRANSPORTER may, at its sole discretion, charge such amounts as may be determined by TRANSPORTER, as a non-interest bearing security, for the TRANSPORTER Device(s) provided to the Transport Service Provider. Further, TRANSPORTER may, at its discretion, return the security amount to the Transport Service Provider at the expiration or termination of this Agreement.
  • In the event the TRANSPORTER Device(s) is not functioning properly or if there is any technical or safety issue in relation to the TRANSPORTER Device(s), the Transport Service Provider shall immediately deposit the TRANSPORTER Device(s) only at TRANSPORTER’s designated office for checking the TRANSPORTER Device(s) for any malfunctions. If the TRANSPORTER Device(s) is damaged and is not repairable due to any act or omission of the Transport Service Provider, the Transport Service Provider shall pay to TRANSPORTER amounts, as may be determined by TRANSPORTER. In order to resolve whether the TRANSPORTER Device(s) is damaged due to any act or omission of the Transport Service Provider, TRANSPORTER will enquire and investigate the matter in the manner determined by TRANSPORTER and in this connection, TRANSPORTER’s decision shall be final and binding. Upon payment of the foregoing amount, TRANSPORTER shall provide the Transport Service Provider with a new TRANSPORTER Device(s). If the Transport Service Provider is unable to pay such amount as specified above, the Transport Service Provider shall return the damaged TRANSPORTER Device(s) and TRANSPORTER shall be entitled to terminate the Agreement with immediate effect.
  • In the event the TRANSPORTER Device(s) is misplaced by the Transport Service Provider or if it is stolen from Transport Service Provider’s Vehicle, the Transport Service Provider shall promptly notify TRANSPORTER in writing and immediately proceed to file a police report in the police station within the jurisdiction. Once the police report is filed, Transport Service Provider shall submit the police report copy along with amounts, as may be determined by TRANSPORTER. The Transport Service Provider shall fully cooperate with TRANSPORTER and the authorities during investigation process in relation to the misplaced or stolen TRANSPORTER Device(s). In the event Transport Service Provider fails to file a police report for loss of TRANSPORTER Device(s) or if in TRANSPORTER’s opinion, fails to cooperate with TRANSPORTER and authorities, TRANSPORTER shall be entitled to terminate the Agreement with immediate effect, without prejudice to TRANSPORTER’s rights under this Agreement and under applicable law.
  • Upon termination of this Agreement or deactivation of your Account, the Transport Service Provider shall immediately return the TRANSPORTER Device(s) and in any event not later than 24 (Twenty-Four) hours from the date of such termination or deactivation.
  • The Transport Service Provider shall not create any lien, pledge, encumbrance or other third party security interests in any manner on TRANSPORTER Device(s).
  • The Transport Service Provider shall be responsible for the safety and security of the TRANSPORTER Device(s).
  • The Transport Service Provider shall use the TRANSPORTER Device(s) with due care and caution and not do anything or permit anything to be done that may cause damage to the TRANSPORTER Device(s) or that is contrary to the instructions and training provided to the Transport Service Provider in relation to the use of TRANSPORTER Device(s).
  • TRANSPORTER shall be entitled to call upon the Transport Service Provider for review and inspection of the TRANSPORTER Device(s). On being called upon, Transport Service Provider shall report to the designated offices of TRANSPORTER within two (2) days from the date of request from TRANSPORTER. The Transport Service Provider shall fully cooperate with TRANSPORTER in conducting such inspection of the TRANSPORTER Device(s). In the event, the Transport Service Provider fails to produce the Vehicle for inspection within the prescribed timeline set out in this Clause II (13) or doesn’t cooperate with TRANSPORTER for inspection, TRANSPORTER shall be entitled to take legal action under this Agreement and applicable laws.

3. REPRESENTATIONS AND WARRANTIES

  • By using the Service, the Transport Service Provider expressly represent and warrant that the Transport Service Provider are legally entitled to accept and agree to the Terms of Use and that the Transport Service Provider 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.
  • The Transport Service Provider further confirm that all the information which the Transport Service Provider provides shall be true and accurate. The Transport Service Provider’s use of the Service is for the Transport Service Provider ‘s own sole, personal use. The Transport Service Provider undertake not to authorize others to use the Transport Service Provider’s identity or user status, and the Transport Service Provider may not assign or otherwise transfer the Transport Service Provider’s user account to any other person or entity. When using the Services, the Transport Service Provider agree to comply with all applicable laws whether in the Transport Service Provider’s home nation or otherwise in the country, state and city in which the Transport Service Provider are present while using the Service.
  • The Transport Service Provider may only access the Service using authorized means. It is the Transport Service Provider responsibility to check and ensure that the Transport Service Provider have downloaded the correct Software for the Transport Service Provider device. TRANSPORTER shall not liable if the Transport Service Provider do not have a compatible device or if the Transport Service Provider have downloaded the wrong version of the Software to the Transport Service Provider’s device. TRANSPORTER reserves the right not to permit the Transport Service Provider to use the Service should the Transport Service Provider 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 Software or the Application, you agree that:
    1. the Transport Service Provider will only use the Application for lawful purposes;
    2. the Transport Service Provider will only use the Application for the purpose for which it is intended to be used;
    3. the Transport Service Provider will comply with TRANSPORTER’s community guideline at (website);
    4. the Transport Service Provider will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
    5. the Transport Service Provider will not use the Services, the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;
    6. the Transport Service Provider will not use the Application and/or the Software for purposes other than obtaining the Services;
    7. the Transport Service Provider shall not contact the third party transportation provider for purposes other than the Services;
    8. the Transport Service Provider will not impair the proper operation of the network;
    9. the Transport Service Provider shall not intentionally or unintentionally cause or attempt to cause damage to the third party transportation provider;
    10. the Transport Service Provider will not try to harm the Services, the Application and/or the Software in any way whatsoever;
    11. the Transport Service Provider will not copy, or distribute the Software or other content without written permission from TRANSPORTER;
    12. the Transport Service Provider will only use the Software and/or the Application for your own use and will not resell it to a third party;
    13. the Transport Service Provider the will keep secure and confidential the Transport Service Provider’s account password or any identification TRANSPORTER provides the Transport Service Provider which allows access to the Services;
    14. the Transport Service Provider will provide TRANSPORTER with proof of identity as it may reasonably request or require;
    15. the Transport Service Provider acknowledge and agree that only one (1) account can be registered on one device;
    16. the Transport Service Provider agree to provide accurate, current and complete information as required for the Services 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. The Transport Service Provider agree that TRANSPORTER may rely on the Transport Service Provider’s information as accurate, current and complete. The Transport Service Provider acknowledges that if the Transport Service Provider’s information is untrue, inaccurate, not current or incomplete in any respect, TRANSPORTER has the right but not the obligation to terminate this Agreement and the Transport Service Provider use of the Service at any time with or without notice;
    17. the Transport Service Provide will only use an access point or data account which the Transport Service Provider is authorized to use;
    18. the Transport Service Provider shall not employ any means to defraud TRANSPORTER or enrich the Transport Service Provider, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by TRANSPORTER to encourage new subscription or usage of the Services by new or existing passengers;
    19. the Transport Service Provider are aware that when requesting transportation services by SMS or use of the Service, standard telecommunication charges will apply;
    20. the Transport Service Provider shall not impair or circumvent the proper operation of the network which the Service operates on;
    21. the Transport Service Provider agrees that the Service is provided on a reasonable effort basis; and
    22. the Transport Service Provider agrees that the Transport Service Provider use of the Service will be subject to TRANSPORTER’s Privacy Policy as may be amended from time to time.
    23. The Transport Service Provider agree to assume full responsibility and liability for all loss or damage suffered by the Transport Service Provider, the third party service provider, TRANSPORTER or any third party as a result of any breach of the Terms of Use.
  • The Transport Service Provider represents and warrants that the Transport Service Provider is the registered owner or the lessee, as the case may be, of the Vehicle(s) and permit holder for the provision of the Services of the Vehicle(s).
  • The Transport Service Provider represents and warrants that the Transport Service Provider has all requisite power and authority to deliver and perform the obligations imposed herein.
  • The Transport Service Provider represents and warrants that entering into and performance of the transactions contemplated by this Agreement and Transport Service Provider T&C does not and will not conflict with any law or regulation applicable to the Transport Service Provider or any guidelines, rules, regulations including any judicial, official, governmental and/ or statutory and/or regulatory orders and/or judgments whether interim, final or otherwise or with any other contract to which the Transport Service Provider is a party.
  • The Transport Service Provider warrants that the TRANSPORTER Device(s) given to him/her by TRANSPORTER will be maintained in his/her possession in a proper manner. The Transport Service Provider shall ensure Transport Service Provider’s continued performance under this Agreement is not compromised with.
  • The Transport Service Provider warrants that the Devices (TRANSPORTER Device(s) or Non-TRANSPORTER Device) will be used only for the purpose set out under this Agreement.
  • The Transport Service Provider represents and warrants that the Transport Service Provider has not been convicted by any court in Malaysia for any cognizable offence or an offence punishable with imprisonment for more than 3 years, under the laws of Malaysia.

4. DISCLAIMER

  • The Transport Service Provider agrees that TRANSPORTER’s role is limited to
    1. managing and operating the Portal and the Application and being a market place solely for the display of the Services in the manner decided by TRANSPORTER unilaterally;
    2. being an online booking platform facilitating the provision of the Services by the Transport Service Provider to the users of the Portal, and
    3. payment collection through an e-wallet (TRANSPORTER Money powered by E-Cash) to facilitate the transactions between Transport Service Provider and the users of Portal. Accordingly, TRANSPORTER is merely an intermediary providing online marketplace services and the Application is only a platform where Transport Service Provider shall offer the Services to the users on execution of the Agreement and registration and acceptance by users of the customer terms and conditions on the Portal.
  • TRANSPORTER disclaims and shall disclaim all representations and warranties to the Transport Service Provider, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of the TRANSPORTER Device(s), the Application and Portal or the services provided through the Application on the Portal and accordingly, disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the use and access of TRANSPORTER Device(s), the Application and Portal.
  • To the extent permissible under applicable laws, TRANSPORTER disclaims and shall disclaim all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of the breach by the Transport Service Provider: -
    1. of the applicable laws in respect of the Services;
    2. of the terms of the applicable licenses and permits that are issued by the transport authorities;
    3. of the terms of the Transport Service Provider T&Cs; or
    4. of the duty of care, the Transport Service Provider owes to the users of the Portals
  • TRANSPORTER does not warrant to the Transport Service Provider that the Transport Service Provider will be able to use the TRANSPORTER Device(s), the Application on the Portal at all times or locations or that the TRANSPORTER Device(s) and the Application on the Portal and the Services provided through the Application on the Portal will be uninterrupted or virus-free or error-free or free from any technical glitches or malicious software and that the defects will be corrected by TRANSPORTER.

5. PAYMENT TERMS

  • In consideration of TRANSPORTER providing the Transport Service Provider’s and the Vehicle’s information on the Portal, and for enabling the Transport Service Provider to provide the Services through the Application on the Portal, various payments, more particularly set out in the Commercial Terms Segment annexed hereto as Exhibit C, between the Transport Service Provider and TRANSPORTER (“Fees”) shall be settled in the manner set out and paid in the manner set out in the Commercial Terms Segment annexed hereto as Exhibit C.
  • Any fees which TRANSPORTER may charge the Transport Service Provider for the Service, are due immediately and are non-refundable (“Service Fee”). This no-refund policy shall apply at all times regardless of the Transport Service Provider decision to terminate the Transport Service Provider usage, TRANSPORTER’s decision to terminate or suspend the Transport Service Provider usage, disruption caused to the Service either planned, accidental or intentional, or any reason whatsoever.
  • THE TRANSPORT SERVICE PROVIDER YOU ACKNOWLEDGE THAT THE TOTAL AMOUNT OF FARE PAID TO YOU BY THE PASSENGER OR CUSTOMER INCLUDES THE SERVICE FEE, WHICH YOU ARE COLLECTING ON BEHALF OF TRANSPORTER. SUCH SERVICE FEE MAY BE UP TO 20% OF THE FARE STIPULATED FOR THE SERVICE FOR EACH TIME THE PASSENGER OR CUSTOMER COMPLETES A RIDE, WHICH SHALL BE DETERMINED BY TRANSPORTER, AT ITS DISCRETION, FROM TIME TO TIME.
  • TRANSPORTER may, at its sole discretion, make promotional offers with different features and different rates to any of the Passengers or Customers whereby these promotional offers shall accordingly be honoured by the Transport Service Provider. TRANSPORTER may determine or change the Service Fee as TRANSPORTER deems in its absolute discretion as necessary or appropriate for the business.
  • THE PASSENGER
    The Passenger or Customer may choose to pay for the Service by cash and where available, by credit or debit card (“Card”). In the event that the Passenger or Customer chooses to pay for the Service by Card, all payments due to the Transport Service Provider, including tips (where applicable), for the Service will be channelled to the Transport Service Provider in the agreed quantum. Any complaints that the Passenger or Customer shall have regarding the transportation provided by the Transport Service Provider shall be taken up by the Passenger or Customer with the Transport Service Provider directly.
  • TRANSPORTER retains 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 or Customer to be in breach of the Terms and Conditions between the Passenger or Customer and TRANSPORTER. In such an event, the Transport Service Provider shall not hold TRANSPORTER liable for any withholding of, delay in, suspension of or cancellation of, any payment to the Transport Service Provider.
  • The Transport Service Provider agrees that the Transport Service Provider will cooperate in relation to any criminal investigation that is required and to assist TRANSPORTER in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

6. LICENSE, PROPRIETARY RIGHTS AND RESTRICTIONS

  • License Grant
    Subject to the terms and conditions of this Agreement, TRANSPORTER hereby grants the Transport Service Provider a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to the Application on the Portal of TRANSPORTER solely for the purpose of providing the Services to the Portal users and also for settlement of Fees between TRANSPORTER and Transport Service Provider. All rights not expressly granted to the Transport Service Provider are reserved by TRANSPORTER and its licensors.
  • Ownership.
  • License Grant
    The TRANSPORTER, the Application and Confidential Information, including but not limited to all intellectual property rights such as company name, logos, product and service names, trademarks, services marks or other indicia of ownership (“TRANSPORTER Intellectual Property”), shall remain (as between the Transport Service Provider and TRANSPORTER) the property of TRANSPORTER. Neither this Agreement, the Transport Service Provider T&C nor Transport Service Provider’s use of the Portal and the Application conveys or grants to the Transport Service Provider any rights:
    1. in or related to the Portal and the Application, except for the limited license granted above; or
    2. to use or reference in any manner TRANSPORTER’s Intellectual Property.
  • The Transport Service Provider agrees that it shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way; (ii) modify or make derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or “frame” or “mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software, (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or 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, (vi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • The Transport Service Provider may use the Software and/or the Application only for the Transport Service Provider personal, purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity (vii) to abstain from any conduct that could possibly damage TRANSPORTER’s reputation or amount to being disreputable.

7. TAXES

  • The Transport Service Provider agrees 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 of time. The Transport Service Provider The Transport Service Provider further agrees to use the Transport Service Provider’s best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend TRANSPORTER to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Services supplied under this Agreement.

8. CONFIDENTIALITY

The Transport Service Provider acknowledges that pursuant to this Agreement, the Transport Service Provider will have access to confidential information of TRANSPORTER and its affiliates, which has been provided by TRANSPORTER. The Transport Service Provider undertakes to keep confidential all data and other confidential information of TRANSPORTER and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Transport Service Provider by TRANSPORTER or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Personal Data Protection Act 2010), phone numbers, market information, all work products and documents related thereto, the contents of the Application/ Portal or any other information, whether provided orally or in writing, received or to be received by the Transport Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of TRANSPORTER (“Competitor”). In the event, TRANSPORTER becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, TRANSPORTER can claim such direct and indirect damages as it may suffer due to such losses.

9. PERSONAL DATA PROTECTION

  • The Transport Service Provider agrees and consents to TRANSPORTER using and processing The Transport Service Provider’s Personal Data for the Purposes and in the manner as identified hereunder.
  • For the purposes of this Agreement, “Personal Data” means information about the Transport Service Provider, from which the Transport Service Provider are identifiable, including but not limited to the Transport Service Provider’s name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about the Transport Service Provider which the Transport Service Provider have provided to TRANSPORTER in registration forms, application forms or any other similar forms and/or any information about the Transport Service Provider that has been or may be collected, stored, used and processed by TRANSPORTER from time to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs. TRANSPORTER may also collect telematics data (such as the Transport Service Provider’s speed, acceleration, and braking data), device data (such as the Transport Service Provider ‘s IMEI number and the names of the application the Transport Service Provider have installed on the Transport Service Provider ‘s device) and the Transport Service Provider’s vehicle registration data.
  • The provision of the Transport Service Provider ‘s Personal Data is voluntary. However, if the Transport Service Provider do not provide TRANSPORTER, the Transport Service Provider’s Personal Data, the Transport Service Provider ‘s request for the Application may be incomplete and TRANSPORTER will not be able to process the Transport Service Provider’s Personal Data for the Purposes outlined below and may cause TRANSPORTER to be unable to allow the Transport Service Provider to use the Service.
  • 4. TRANSPORTER may use and process the Transport Service Provider ‘s Personal Data for business and activities of TRANSPORTER which shall include, without limitation the following (“the Purpose”):
    1. To perform TRANSPORTER’s obligations in respect of any contract entered into with the Transport Service Provider;
    2. To provide the Transport Service Provider with any services pursuant to the Terms and Conditions herein;
    3. To process the Transport Service Provider ‘s participation in any events, promotions, trainings, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with the Transport Service Provider regarding your attendance thereto;
    4. Process, manage or verify the Transport Service Provider’s application for the Service pursuant to the Terms and Conditions herein, TRANSPORTER’s policies and the Driver’s Code of Conduct;
    5. To provide updates to TRANSPORTER’s fleet partners for fleet management purposes;
    6. To validate and/or process payments pursuant to the Terms and Conditions herein;
    7. To develop, enhance and provide what is required pursuant to the Terms and Conditions herein to meet the Transport Service Provider needs;
    8. To process any refunds, rebates and/or charges pursuant to the Terms and Conditions herein;
    9. To facilitate or enable any checks as may be required pursuant to the Terms and Conditions herein;
    10. To respond to questions, comments and feedback from the Transport Service Provider;
    11. To communicate with the Transport Service Provider for any of the purposes listed herein;
    12. For internal administrative purposes, such as auditing, data analysis, database records;
    13. For purposes of detection, prevention and prosecution of crime;
    14. For TRANSPORTER to comply with its obligations under law;
    15. To send the Transport Service Provider alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from TRANSPORTER, its partners, advertisers and/or sponsors;
    16. To notify and invite the Transport Service Provider to events or activities organised by TRANSPORTER, its partners, advertisers, and/or sponsors;
    17. To share the Transport Service Provider ‘s Personal Data amongst the companies within TRANSPORTER’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 TRANSPORTER’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 the Transport Service Provider do not consent to TRANSPORTER processing the Transport Service Provider’s Personal Data for any of the Purposes, please notify TRANSPORTER using the support contact details as provided in the Application.
  • If any of the Personal Data that the Transport Service Provider have provided to TRANSPORTER changes, for example, if the Transport Service Provider changes his/her e- mail address, telephone number, payment details or if the Transport Service Provider wish to cancel his/her account, please update the Transport Service Provider details by sending the Transport Service Provider request to the support contact details as provided in the Application.
  • TRANSPORTER will, to the best of our abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
  • By submitting the Transport Service Provider information, the Transport Service Provider consent to the use of that information as set out in the form of submission and in this Agreement.

10. THIRD PARTY INTERACTIONS

  • During the use of the Service, the Transport Service Provider may, subject to TRANSPORTER’s prior written consent, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the Transport Service Provider and the applicable third-party. TRANSPORTER and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between the Transport Service Provider and any such third- party. TRANSPORTER does not endorse any applications or sites on the Internet that are linked through the Service, Application and/or the Software, and in no event shall TRANSPORTER, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third party providers. TRANSPORTER provides the Service to the Transport Service Provider pursuant to the Terms and Conditions. the Transport Service Provider recognize, however, that certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and TRANSPORTER is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between the Transport Service Provider and the third party providers.
  • TRANSPORTER 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 and Conditions the Transport Service Provider agree to receive such advertising and marketing. If the Transport Service Provider do not want to receive such advertising, you should notify us in writing or in accordance with the procedure determined by TRANSPORTER. TRANSPORTER reserves the right to charge you a higher fee for or deny you use of the Service should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company’s website located at (insert website). The Transport Service Provider agree and allow TRANSPORTER to compile and release information regarding the Transport Service Provider and his/her use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. The Transport Service Provider agree that it is your responsibility to take all precautions in all actions and interactions with any third party Transportation Provider, other third party providers, advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material supplied through the Service.

11. INDEMNIFICATION

  • The Transport Service Provider agrees and undertake to indemnify and to hold harmless TRANSPORTER and other parties determined by TRANSPORTER, TRANSPORTER affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the Transport Service Provider of the Transport Service Provider’s obligations, responsibilities, representations, or warranties under the Master Services Agreement and/or Transport Service Provider T&C; (ii) breach of any service level commitments provided in Exhibit B; (ii) any infringement or unauthorized use of intellectual property rights of TRANSPORTER including but not limited to infringement of intellectual property rights of TRANSPORTER in the Service Provider App or Portal (iii) any breach of the confidentiality obligations of the Transport Service Provider under this Agreement or Transport Service Provider T&C (iv) any violation of the applicable law, applicable license and permit terms of the transport authorities; (v) any violation of TRANSPORTER policies by the Transport Service Provider; (vi) any harm to the reputation and goodwill of TRANSPORTER directly attributable to the Transport Service Provider; (v) damage, unauthorized use or loss of the Application in the Device; (vii) death, fraud, theft, misconduct, negligence or deficiency of Transport Services by the Transport Service Provider; any negligent act or omission committed in the course of the Services hereunder, or any misrepresentation made during the course of the Services hereunder; (xi) personal injury to or property damage of user of Portal including but not limited motor accident claims, if any, asserted against TRANSPORTER and its associates by reason of the use and operation of Transport Service Provider’s Vehicle(S); (viii) civil or criminal offense under law or in the opinion of TRANSPORTER; (xii) failure of the Transport Service Provider to make tax payments in accordance with applicable laws.
  • The Transport Service Provider shall be liable to indemnify and hold TRANSPORTER harmless against all damages, losses, costs and expenses incurred by TRANSPORTER as a consequence of any complaint from any user of the Portals received by TRANSPORTER with respect to deficient Services.
  • Notwithstanding anything contained in this Agreement, however, subject to applicable laws, the total aggregate liability of TRANSPORTER under this Agreement or Transport Service Provider T&C whether in contract (including in respect of the indemnity), tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the performance or contemplated performance of this Agreement shall be limited to RM100.00 (Ringgit Malaysia One Hundred).

12. INDEMNITY

  • The Driver shall be solely liable for any and all accidents/incidents involving the Vehicle, while providing the Services. TRANSPORTER shall not be held liable for any such accidents/ incidents involving the Driver’s Vehicle. All miscellaneous expenses pertaining to the Vehicle, such as maintenance expenditures, penalty for violation of traffic rules, etc., shall be borne solely by the Driver, and TRANSPORTER shall not be held liable or responsible for the same.
  • By agreeing to this Agreement upon using the Service, the Transport Service Provider agree that you shall defend, indemnify and hold TRANSPORTER, 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) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, including any local laws or ordinances, whether or not referenced herein; (b) your violation of any rights of any third party, including, but not limited to passengers of your vehicle or the vehicle that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party (c) your use (or misuse) of the Application and/or Software; and (d) your ownership, use or operation of a motor vehicle or passenger vehicle, including your carriage of Passengers or Customers who have procured your services via the Service, or of their goods.

13. INTERNET DELAYS

  • The service, application and/or the software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. TRANSPORTER is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

14. LIMITATION OF LIABILITY

  • 1. Any claims against TRANSPORTER by the Transport Service Provider shall in any event be limited to the aggregate amount of all amounts actually paid by and/or due from the Transport Service Provider in utilising the service during the event giving rise to such claims. In no event shall TRANSPORTER and/or its licensors be liable to the Transport Service Provider 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, use or other economic advantage). TRANSPORTER and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by or caused to the Transport Service Provider or to any person for whom the Transport Service Provider have booked the service for, including but not limited to loss, damage or injury arising out of, or in any way connected with the service, application and/or the software, including but not limited to the use or inability to use the service, application and/or the software, any reliance placed by the Transport Service Provider on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the Transport Service Provider and any third party provider, advertiser or sponsor whose advertising appears on the website or is referred to by the service, application and/or the software, even if TRANSPORTER and/or its licensors have been previously advised of the possibility of such damages.
  • 2. TRANSPORTER does not and will not assess nor monitor the suitability, legality, ability, movement or location of any third party providers including, advertisers and/or sponsors and the Transport Service Provider expressly waive and release TRANSPORTER from any and all liability, claims or damages arising from or in any way related to the third party providers including, advertisers and/or sponsors. TRANSPORTER will not be a party to disputes, negotiations of disputes between the Transport Service Provider and such third party providers including third party transportation providers, advertisers and/or sponsors. TRANSPORTER cannot and will not play any role in managing payments between the Transport Service Provider and the third party providers, including third party transportation providers, advertisers and/or sponsors. Responsibility for the decisions the Transport Service Provider make regarding services and products offered via the service, software and/or the application (with all its implications) rests solely with and on the Transport Service Provider. The Transport Service Provider expressly waive and release TRANSPORTER from any and all liability, claims, causes of action, or damages arising from your use of the service, software and/or the application, or in any way related to the third parties including third party transportation providers, advertisers and/or sponsors introduced to the Transport Service Provider by the service, software and/or the application.

14. ENTIRE AGREEMENT

  • This Agreement along with, various Exhibits and Transport Service Provider T&C, which Exhibits and Transport Service Provider T&C will be e-contracts, shall form the entire agreement between the Parties and shall supersede and override all previous communications, either oral or written, between the Parties with respect to the subject matter of this Agreement, and no agreement or understanding varying or extending the same shall be binding upon any Party hereto unless arising out of the specific provisions of this Agreement or Transport Service Provider T&C. In the event of any contradiction between the terms contained under this Agreement and the Transport Service Provider T&C, the terms of the Transport Service Provider T&C shall prevail.

15. TERM AND TERMINATION

  • This Agreement shall be valid for a period of 5 (five) years and shall be renewed automatically, unless otherwise agreed between the Parties.
  • The Parties to this Agreement shall be entitled to terminate this Agreement with a prior written notice of 7 (seven) business days to the other Party without assigning any reason for the termination.
  • TRANSPORTER shall be entitled to terminate this Agreement immediately for breach of any terms in this Agreement by the Transport Service Provider.
  • Upon termination of this Agreement, the registration of the Transport Service Provider with TRANSPORTER shall stand cancelled and the Account shall be terminated and the Transport Service Provider shall not be eligible to ply his/her Vehicle(s) on the Application on TRANSPORTER’s Portal.

16. NOTICE

  • Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in this Agreement:
    1. By electronic mail
      For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other: TRANSPORTER:
      Transport Service Provider: As provided during attachment.
    2. By SMS sent to mobile number at: TRANSPORTER: Transport Service Provider: As provided during attachment
    3. By hand, against a written acknowledgement of receipt by the receiving Party.
    4. By registered mail. TRANSPORTER: Transport Service Provider:
  • In the event the delivery of the notice is attempted to be made by means set out in clauses XVII(1)(iii) and (iv) by the Party, the notice shall be deemed delivered on the third day from the date of the notice.

17. RELATIONSHIP BETWEEN PARTIES

  • During the Term of this Agreement, the Transport Service Provider shall operate as and have the status of an independent contractor and shall not act as, be or construed to be an agent or employee of TRANSPORTER. The relationship between the Parties is on a principal-to-principal basis, and none of the provisions of this Agreement shall be interpreted as creating the relationship of employer and employee between the Transport Service Provider and TRANSPORTER at any time, under any circumstances or for any purpose. Therefore, the Transport Service Provider will not be entitled to any employee benefits, statutory or otherwise, offered by TRANSPORTER to its employees including but not limited to wages, vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, or employee benefits of any kind. The Transport Service Provider shall be responsible for the payment of all applicable taxes to which he may be subject as an independent contractor.
  • The Transport Service Provider agrees not to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of TRANSPORTER. The Transport Service Provider does not have the authority to create, modify or terminate a contractual relationship(s) between TRANSPORTER and any third party or act for or bind TRANSPORTER in any respect. Any act of the Transport Service Provider on behalf of TRANSPORTER which may be regarded as over and above the duties and responsibilities as provided in this Agreement, shall be deemed to be unauthorized, unlawful and the Transport Service Provider shall be personally liable for the same.

18. GOVERNING LAW AND DISPUTE RESOLUTION

  • If any dispute arises between the Transport Service Provider and TRANSPORTER, in connection with, or arising out of, this Agreement, the dispute shall be referred to arbitration under the Arbitration (Amendment) Act, 2018 to be adjudicated by a three arbitrators to be appointed by TRANSPORTER, the Transport Service Provider and Asian International Arbitration Centre. Arbitration shall be held in Kuala Lumpur, Malaysia. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
  • This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Subject to clause XXI (1), the courts in Kuala Lumpur shall have the exclusive jurisdiction in connection with this Agreement.
  • In addition to above remedies, TRANSPORTER shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain Transport Service Provider from committing any violation of the covenants and obligations set out in this Agreement. These injunctive remedies are cumulative and are in addition to any other rights and remedies TRANSPORTER may have at law or in equity.

19. AMENDMENT

  • TRANSPORTER may amend the provisions of this Agreement and Exhibits annexed to this Agreement at its own discretion and notify in accordance with the means provided in clause XXII such amendments to the Transport Service Provider.

20. ASSIGNMENT

  • The agreement as constituted by the terms and conditions as modified from time to time may not be assigned by you without the prior written approval of TRANSPORTER but may be assigned without your consent by TRANSPORTER. Any purported assignment by you in violation of this section shall be void.

EXHIBIT-A

DETAILS OF VEHICLE AND THE TRANSPORT SERVICE PROVIDER

PART I DETAILS OF VEHICLE:

  • Information to be provided: -
    Vehicle’s license plate number:
    Chassis or engine number:
    Such other information as may be required by TRANSPORTER
  • Documents to be provided: -
    Copy of Certificate of Registration:
    Copy of Certificate of Fitness:
    Copy of permit, as may be required under applicable law, to ply the Vehicle:
    Road tax:
    Copy of commercial insurance policy covering the third party risks:
    Such other documents as may be required by TRANSPORTER

PART II DETAILS OF THE TRANSPORT SERVICE PROVIDER:

  • Information to be provided:
    Name:
    Permanent Address:
    Current Address:
    Phone no.:
    Email id:
    Bank Account details of the Transport Service Provider:
    Bank Account details of the Beneficiary (if any):
    Contact details of 2 (two) family members of the Transport Service Provider; and
    Such other documents/ information as may be required by TRANSPORTER
  • Documents to be provided:
    1. A passport size photograph of the Transport Service Provider;
    2. Copy of valid Driving License of drivers who will be employed by Transport Service Provider to provide services on TRANSPORTER platform;
    3. Copy of the Permits, licenses issued by the relevant Ministry of Transport who will be employed by Transport Service Provider to provide services on TRANSPORTER platform;
    4. Copy of the Police verification report of the drivers who will be employed by Transport Service Provider to provide services on TRANSPORTER platform. Provided that, for purposes of the police verification, if TRANSPORTER or TRANSPORTER’s authorized agency is assisting the Transport Service Provider with police verification process, the Transport Service Provider authorizes TRANSPORTER or TRANSPORTER’s authorized agency, as the case may be, for appearing, signing and executing documents in respect of police verification of the Transport Service Provider from time to time;
    5. Self-attested copy of Identity Card;
    6. Self-attested copy of PAN Card of Transport Service Provider;
    7. Copy of residential proof such as utility bill, of the Transport Service Provider’s and drivers employed by Transport Service Provider to provide services on TRANSPORTER Platform;
    8. Passbook or cancelled cheque of Transport Service Provider;
    9. Vehicle ownership document and
    10. Such other documents/ information as may be required by TRANSPORTER.

Notes:

*Complete details on the TRANSPORTER Registration Page at (website) **In case of operator attachments, for Part I) and Part II (B), please provide information / documents of all the Vehicles / drivers proposed to be used for Transport Services. ***The Exhibit A is not applicable to the existing Transport Service Providers; whose information / documents are already available with TRANSPORTER. Provided that if any information /document listed in the Exhibit A was not provided by the existing Transport Service Provider at the time of attachment to TRANSPORTER Portal, the Transport Service Provider shall contact the nearest TRANSPORTER attachment offices and submit such information / documents to RANSPORTER.

EXHIBIT-B

TRANSPORT SERVICE PROVIDER TERMS AND CONDITIONS

DRIVER TERMS AND CONDITIONS

These Terms and Conditions (as defined) shall be applicable as set out below-

  • If the Transport Service Provider (as defined in the Master Service Agreement) is an Operator providing Services to the Customers through the Drivers and/or Riders employed by the Operator, these Terms and Conditions shall be interpreted in the manner so as to apply to the Operator as well as to the Drivers and/or Riders employed by the Operator; and
  • If the Transport Service Provider is an individual providing Services to the Customers directly, these Terms and Conditions shall be interpreted in the manner so as to apply to an individual Transport Service Provider Operator.

DEFINITIONS:

All of the defined and capitalized terms in these Driver and/or Rider T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.

“Acceptance” means your affirmative action of clicking on the box against the words

“ACCEPT & CONTINUE” provided at the end of these Driver and/or Rider T&C, by which action, you unequivocally accept the Driver and/or Rider T&C and any modifications thereof.

“Account” refers to the account created by TRANSPORTER at its sole discretion, for the Driver and/or Rider subsequent to the Driver and/or Rider submitting and TRANSPORTER verifying the Registration Data

“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in Malaysia.

“Booking” shall mean the allotted Service Request.

“Business Day” means a day on which banks are open for business in the City of Operation.

“TRANSPORTER” or “We” Or “Us” or “Our” shall mean CABCAR Sdn Bhd, a Private Limited, a company incorporated under the Companies Act 2016, and having its business office NO. 38, JALAN SS15/4B, 47500 SUBANG JAYA, SELANGOR DARUL EHSAN which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.

“TRANSPORTER shall mean a proprietary in-car and cloud technology platform owned Play” and operated by TRANSPORTER, which is intended to provide a fully connected interactive experience to the Customer.

“TRANSPORTER means the “Privacy Policy”, Zero Tolerance Policy & such other

“policies Policies” (including ay amendments thereof), which TRANSPORTER may issue and make applicable to Driver and/or Rider from time to time and make available to the Driver and/or Rider on the Driver’s and/or Rider request.

“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.

“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the Driver and/or Rider and TRANSPORTER.

“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement, which contains the commercial terms for Service provided by the Drivers and/or Rider.

“Content” shall have the meaning given to it in 7.1.

“Convenience Fee” shall mean the fee payable by the Customer for availing the technology services offered by TRANSPORTER. Convenience Fee will be charged for each Service Request placed by the Customer on the Portal.

“Customer” shall mean such person, who places a Service Request on the Portal and has accepted the Customer Terms of Use and Privacy Policy of the Portals (as applicable).

“Customer’s Terms of Use” shall mean the Customer Terms and Conditions as provided on the TRANSPORTER Portal for availing the Service.

“Despatch” shall include any legal documents, keys, boxes (until medium size), clothes and or anything that is deemed reasonable items

“Device” shall mean TRANSPORTER Device or Non-TRANSPORTER Device, as the case may be, used for performance of the Services.

“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with TRANSPORTER and in the event of Operator Drivers, shall include the Operator Drivers for purposes of compliance with these Terms and Conditions.

“Driver App” means the electronic interface on the TRANSPORTER Portal from where the Driver’s and/or Rider Account is accessible to the Driver and/or Rider. Login credentials (User ID and Password) for the Driver/Rider App shall be provided by TRANSPORTER.

“Driver Proceeds” shall mean the net amount receivable by the Driver and/or Rider after deduction of TRANSPORTER’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.

“Fare” shall mean the Fare payable to the Transport Service Provider as is also reflected on the Device after completion of the Service. The Driver and/or Rider permits TRANSPORTER to review and revise the Fare as per the market conditions.

“Force Majeure” shall have the meaning given to in Clause 16.4.

“Information” shall mean the details furnished by the Driver and/or Rider at the time of signing the Master Service Agreement and/or otherwise during and after the Drivers and/or Rider registration on the Driver/Rider App on the Portal and successful creation of an Account.

“Operator” shall mean a transport service provider who has listed himself / itself and his / its fleet of vehicles on the Portal to provide Services to the Customers through the Drivers and/or Rider employed by the Operator.

“Operator Drivers” shall mean the Drivers employed by the Operator for providing Services to the Customers.

operator riders” shall mean the Riders employed by the Operator for providing Services to the Customers

“Parties” shall mean, collectively, the Driver and/or Rider and TRANSPORTER and “Party” shall refer to any one of them.

“Portal” shall mean such features of the TRANSPORTER mobile application or other programs, software, mobile applications including but not limited to TRANSPORTER Play, TRANSPORTER Tunes and Driver App, owned by, licensed to and controlled by TRANSPORTER, and other URLs as may be specified by TRANSPORTER from time to Time.

“Posted Content” shall have the meaning given to in Clause 7.4.

“Rider” shall mean an individual, who has an Account with TRANSPORTER and in the event of Riders, shall include the Operator Riders for purposes of compliance with these Terms and Conditions

“Service” means the service of picking a Customer from the pick-up point as prompted on the Device and dropping the Customer at the drop point entered by the Customer at the time of placing his / her Service Request and accepted by the Driver. The services shall also include despatch of documents for any customers.

“Transport service Provider” shall mean the driver and rider

“Total Ride Fee” shall include the Fare, the Convenience Fee, Additional Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable.

“Service Request” means a request placed by the Customer on the Portal to avail the Service as defined herein under offered by the Driver and/or riders.

“Subscription Agreement” shall mean the agreement entered into between TRANSPORTER and the Driver and/or rider / Operator pursuant to which the Driver and/or riders / Operator has agreed to provide transport Services in accordance with these Driver T&C, as amended from time to time.

“Subscription Amount” shall mean the amount paid by the Driver and/or riders at the time of subscription to Portal of TRANSPORTER, if any.

“Transporter” shall mean the portal in which the drivers and/or riders can register their application to be a transport provider.

“Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver and/or riders up to the date of termination of the Subscription Agreement and/or these Driver and/or rider T&C.

“Terms and Conditions” or “Driver T&C” refers to these Driver and/or rider T&C which are available at the Portal, as may be amended from time to time.

“Vehicle” shall mean ‘Motorcabs’ or motorbikes as defined under the Road Transport Act 1987

“Wallet” shall mean the prepaid payment instruments available for payments in the TRANSPORTER Portal.

“Zero Tolerance Policy” shall mean the policy of TRANSPORTER as detailed under the Annexure to these Driver and/or rider T&C, as may be amended from time to time.

1. APPLICABILITY OF DRIVER AND/OR RIDER T&C

  • These Driver and/or Rider T&C together with the Master Service Agreement, Commercial Term Segment, Zero Tolerance Policy, TRANSPORTER Policies, shall be deemed to be incorporated by reference into these Driver and/or Riders T&C and shall form the complete understanding between the Parties. By accepting the Driver and/or Rider T&C, you acknowledge and agree to the Master Services Agreement and various Exhibits to the Master Services Agreement, TRANSPORTER Policies and any other policy that TRANSPORTER makes applicable to You from time to time, to the fullest extent possible. Additionally, you hereby understand and consent to the collection, storage and sharing of your identity card and any information extracted therefrom with Third Party Vendors and/or Government Authorities, for the process of on boarding and background verification.

2. SCOPE OF SERVICES

  • You agree that TRANSPORTER’s role is limited to being a market place solely for managing and operating the TRANSPORTER Portal for the display of the Service in the manner decided by TRANSPORTER unilaterally, payment collection through cash, or Wallet to facilitate the transactions between You and the Customers. Accordingly, TRANSPORTER is merely an intermediary providing online marketplace services and the Portal is only a platform where You shall offer Service to the Customers. The contract for availing the Service shall be a contract solely between You and the Customer. At no time shall TRANSPORTER have any obligations or liabilities in respect of such contract.
  • The Driver and/or Rider confirms and undertakes that TRANSPORTER does not own or in any way control the Vehicle used by a Driver and/or Rider rendering the said Service to the Customer. TRANSPORTER shall not be held liable or responsible in any manner whatsoever for any insufficiency or deficiency of the Service rendered by the Driver and/or Rider to the Customer. TRANSPORTER does not make any representations or warranties regarding the quality of the Service provided by You.

3. SERVICE REQUESTS

  • On receipt of a Service Request, Booking will be allotted to the Driver and/or Rider on the Device or in such other manner as may be agreed between the Driver and/or Rider and TRANSPORTER from time to time.
  • The Driver and/or Rider shall duly complete all Bookings allotted in connection with the Services and promptly notify TRANSPORTER immediately by means of short message service / telephonic calls of any changes / deviations to the Booking, which may affect the provision of the Service.
  • In the event the Driver and/or Rider requires any assistance in connection with the Portal, Service Requests, Service etc. therein, he / she should contact the TRANSPORTER call centre. If the assistance pertains specifically to the Device, Driver/Rider App, Portal or anything therein, then such issue may be directed to the call centres of TRANSPORTER.
  • Upon a Service Request being allotted to the Driver and/or Rider on the Driver/Rider App, TRANSPORTER may provide to the Customer, the picture of the Driver and/or Rider, details of the Vehicle including vehicle number and model, mobile phone number of the driver and/or Rider and such other information as required under Applicable Laws or as TRANSPORTER may deem fit, as the case may be, required by the Customer to identify the Driver and/or Rider and Vehicle.
  • Once a Booking is allotted, TRANSPORTER will provide the Driver and/or Rider with the necessary Customer information in order to enable the Driver and/or Rider to satisfactorily provide the Service. Such information shall be treated as confidential information in terms of Clause 13 below.
  • In the event, the Driver and/or rider is a female; the Driver and/or Rider shall not accept Service Requests from 20:00 hours in the evening to 08:00 hours in the morning.
  • TRANSPORTER shall also provide services for despatch of documents and or keys and or boxes for any customers. TRANSPORTER shall also have the discretion to cancel any pick up of documents if TRANSPORTER is of the view that such pick up of documents may be detrimental and/or negative for the image of TRANSPORTER.

4. COMMUNICATION

  • When You use the Driver/Rider App on TRANSPORTER’s Portal or send emails or other data, information or communication to TRANSPORTER, you agree and understand that You are communicating with TRANSPORTER through electronic records and You consent to receive communications via electronic records from TRANSPORTER periodically and as and when required. TRANSPORTER may communicate with You by email or by such other mode of communications, electronic or otherwise.
  • You hereby expressly consent to receive communication from TRANSPORTER through Your registered phone number and/or e-mail id. You consent to be contacted by TRANSPORTER via phone calls/SMS notifications. You agree that any communication so received by You from TRANSPORTER will not amount to spam, unsolicited communication or a violation of Your registration on the ‘national do not call registry’.
  • By registering with TRANSPORTER, you hereby agree to (i) provide Information that TRANSPORTER has a legal duty to request from a Driver and/or Rider on account of the Know Your Customer norms under Applicable Laws including without limitation your Permanent Account Number (PAN); and (ii) undertake due diligence and update Yourself on Applicable Laws that may have implications on Your liability as a Driver and/or Rider.
  • You acknowledge and agree that Your Information may be transferred or stored in a server outside Malaysia or the country where You are located in order to perform TRANSPORTER’s obligations under these Driver T&C.

5. OBLIGATIONS OF THE DRIVER AND/OR RIDER

  • The Driver and/or Rider shall ensure and confirm that he/she understands the language of the Driver/Rider App / Portal and shall ensure that he/she chooses the language that he/she bests understands from amongst the languages that the Driver/Rider App / Portal supports.
  • The Service provided through the Portal by the Driver and/or Rider shall be of the highest quality as per industry standards and in accordance with the oral and written requirements of TRANSPORTER. The Driver and/or Rider shall be liable for any loss caused to TRANSPORTER and/or the Customer due to negligence of the Driver and/or Rider in the performance of the Service.
  • The Driver and/or Rider be deemed to be informed and shall also strive to stay informed about conditions such as bans, strikes, curfews, traffic disruptions, weather conditions and the like that could affect the Service. The Driver and/or Rider shall, immediately intimate TRANSPORTER, and disclose any such aforesaid calamity that he may become aware of.
  • The Driver and/or Riders shall provide the Service to the Customers in a courteous, effective and timely manner.
  • The Driver and/or Rider shall ensure registration of Vehicle at all times and shall hold and keep updated / renewed all licenses, insurance and permits necessary for the use of Vehicle on the Portals.
  • The Driver and/or Rider shall not undertake or assist in any unlawful or illegal activity while performing Services.
  • The Driver and/or Rider, or any Transport Service Provider shall not allow unauthorized persons to drive the Vehicle. TRANSPORTER reserves the right to take any action at its sole discretion for any violation by the Driver and/or Rider or the Transport Service Provider, which may extend to but not limited to termination and/or other legal action.
  • The Driver and/or Rider or any Transport Service Provider shall ensure the safety and security of the Customers, his/her own self and that of the vehicle at all times. The Driver and/or Rider shall immediately bring to the notice of TRANSPORTER any deviation from the provision of the Service/s as required under the terms of these Driver and/or Rider T&C, including but not limited to any accidents, damage to life or property.
  • The Driver and/or Rider agrees that any breach of the Master Services Agreement or these Driver and/or Rider T&C by him/her is likely to cause TRANSPORTER substantial and irreparable damage and therefore, in the event of any such breach, in addition to such other remedies which may be available to TRANSPORTER shall have the right to specific performance and injunctive relief.
  • The Driver and/or Rider shall ensure comprehensive insurance including without limitation third party insurance of Vehicles and such other insurance as may be required by Applicable Law is obtained and always maintained, and the Customer and/or TRANSPORTER shall not be liable for taking insurance or paying premium thereof in respect of the Vehicle or any liability arising out of plying of such Vehicle. The Driver and/or Rider shall ensure that in the event an accident occurs while the Driver and/or Rider is performing the service request for the customer, the Driver and/or Rider shall ensure that all relevant documents pertaining to the accident are handed over to TRANSPORTER within 24 hours of the accident for the Driver and/or Rider to claim for any incurance.
  • The Driver and/or Rider shall ensure that he is not using the Device for any purpose other than for providing Service in the manner provided under these Driver and/or Rider T&C. The Driver and/or Rider shall ensure that the Device is not busy for long, unavailable or switched off while the Vehicle is being plied on the Portal.
  • The Driver and/or Rider shall not use / access video / interactive content on the Portal when the Driver and/or Rider is driving the Vehicle. However, during halts / stops requested by the Customer, Driver may access video / interactive content on the Portal, provided that the Driver shall ensure that such access / use during halts / stops doesn’t lead to deficiency of Service or negligence towards the Customer.
  • On allotment of a Booking in response to a Service Request, the Driver and/or Rider shall ensure that the Vehicle arrives prior to the pick-up time.
  • The Driver and/or Rider shall ensure that the Customer pays the Total Ride Fee as well as additional surcharge (if applicable) and any fee or levy presently payable or hereinafter imposed by Applicable Law. In the event, the Customer pays by cash for the Services, the Transport Service Provider shall collect the Total Ride Fee and remit the Convenience Fee and Cancellation Fee (if any), to TRANSPORTER in the manner solely determined by TRANSPORTER.
  • The Driver and/or Rider will have a functioning mobile number and also have the ability to read text messages sent by TRANSPORTER, regarding the Customer details and to convey Customer feedback.
  • In the event any Customer leaves his/her property in the Vehicle, the same shall not be pilfered or tampered with by the Driver and/or Rider and shall be reported immediately by the Driver and/or Rider directly to TRANSPORTER. In the event the Driver and/or Rider pilfers or tampers with the property of the Customer, the Driver and/or Rider shall be solely liable for any damages claimed by the Customer and TRANSPORTER may at its sole discretion terminate the Driver’s registration and disable the Driver’s and/or Rider’s access to the Portal. TRANSPORTER shall in no event be liable for loss of or damage caused to the property of the Customer.
  • Driver and/or Rider hereby acknowledges and agrees that TRANSPORTER shall alone be responsible for settling any payment related issues between Customer and Driver. In case of any conflict, the Driver and/or Rider shall seek instructions from TRANSPORTER. The Driver and/or Rider agrees that the decision taken by TRANSPORTER shall be final and binding on the Driver and/or Rider in the aforesaid case.
  • The Driver and/or Rider shall make himself/ herself available for such trainings as TRANSPORTER may be required to organize pursuant to Applicable Law or as TRANSPORTER may deem necessary from time to time.
  • The Vehicle shall be the sole responsibility of the Drivers and/or Rider and the Driver and/or Rider shall be liable or responsible for any loss or damage to the Vehicle caused by a Customer or any other third party for any reason whatsoever.
  • The Driver and/or Rider shall not drive rashly, shall follow traffic regulations and all Applicable Law during the performance of the Services, wear seat belt, not consume liquor / cigarette / vape, or any other kind of intoxicant while performing the Service/(s) and shall have and hold a valid driving license and registration/insurance papers for the Vehicle at all times. The Driver and/or Rider shall not take any personal calls except in the event of an emergency, without prejudicing the safety of the Vehicle and the Customer. Driver and/or Rider shall take all calls from the Customer and TRANSPORTER only after stopping the Vehicle at an appropriate location to take the call, without being a hindrance to the traffic around him or her or without violating any traffic rules.
  • Any cancellation of the allotted Booking is prohibited except in exceptional circumstances based on a justifiable explanation provided by the Driver and/or Rider. The Driver and/or Rider shall immediately inform TRANSPORTER in case of any cancellation or refusal of allotted Booking. Further, the Driver and/or Rider hereby agrees such cancellation or refusal to provide Service may, lead to a deduction inform of withholding of part or whole of the Driver and/or Rider Proceeds.
  • The Driver and/or Rider agrees that the costs associated with the maintenance of the Vehicle shall be borne by the Driver and/or Rider.
  • The Driver and/or Rider shall be solely responsible for:
    1. any failure to complete a Service Request accepted by the Driver and/or Rider;
    2. any failure to pick up Customer(s) at the allotted time and/or place;
    3. any act or omission on the part of its Drivers and/or Rider including any rash and negligent driving, verbal, physical or harassment of any nature;
    4. any violation or non-adherence to the Applicable Law by it;
    5. any nuisance or damage caused to the property of TRANSPORTER by the Driver and/or Rider or any misbehaviour with TRANSPORTER representatives; misbehaviour shall include within its purview using abusive language, causing physical harm and making indecent gestures;
    6. any physical and/or mortal danger caused to the Customers whilst using or in connection with the Service;
    7. any delay of more than 10 (ten) minutes caused to the Customer(s); and
    8. any delay of more than 10 (ten) minutes caused to the Customer(s); and
    9. if the Rider and the passenger fails to wear the required protection such as a regulated helmet and if an accident happens between the pick-up point to the drop off point, TRANSPORTER shall not be held responsible for any damages to the vehicle, rider and passenger.
  • The Driver and/or Rider, shall not either directly or indirectly:
    1. engage in any conduct that damages the reputation or causes inconvenience in any manner, to TRANSPORTER; or
    2. be the reason for TRANSPORTER to be a part of any negative publicity.
  • The Driver and/or Rider hereby agrees that any complaint/s by Customers regarding the Vehicle or Driver and/or Rider will be considered to be a breach of the obligations by the Driver and/or Rider hereunder for which TRANSPORTER shall not be responsible in any manner. If there is any serious complaint regarding any particular Vehicle and/or Driver and/or Rider, TRANSPORTER may, in its sole discretion, immediately terminate the Account of such Driver and/or Rider, by providing a written notice to Driver and/or Rider to this effect.
  • Driver and/or Rider will maintain all relevant books, records and accounts relating to the Services provided by Driver and/or Rider and payments collected. Upon reasonable notice, TRANSPORTER may audit, or may appoint a qualified independent auditor to audit, the books and records of the Driver and/or Rider to verify the accuracy of the amount of payments collected by the Driver and/or Rider. If such audit reveals any discrepancies with respect to the payment collected and submitted to TRANSPORTER, then in addition to TRANSPORTER retaining the right to exercise other remedies, may require the Driver and/or Rider to promptly pay TRANSPORTER an amount equal to the discrepancy and may ask for an additional amount as fine from the Driver and/or Rider. The audits will be conducted at TRANSPORTER’s expense; provided, however, that if the audit reveals an underpayment by the Driver and/or Rider with respect to collection and submission of payments to TRANSPORTER in excess of 5% (five percent), then Driver and/or Rider, in addition to payment obligations described above, will promptly reimburse TRANSPORTER for all reasonable, third party audit fees.
  • TRANSPORTER may require the Driver and/or Rider to affix TRANSPORTER brand including but not limited to its logo /sticker on the Vehicle. In such event, Driver and/or Rider shall extend all necessary support and assistance to TRANSPORTER for affixing TRANSPORTER brand on the Vehicle. It is hereby clarified that Driver and/or Rider will not be entitled for any additional payments for the TRANSPORTER logo / sticker affixed on the Vehicle, if any. TRANSPORTER logo / sticker / brand will be affixed subject to the provisions of Clause 14.4(v) of these Driver and/or Rider T&C.
  • The Rider shall make the necessary arrangements to ensure that they carry extra helmets for their passengers and at all times these helmets must be within the prescribed condition as regulated by the relevant authorities.

6. DEVICE

  • The provisions relating to TRANSPORTER Device(s) and Non-TRANSPORTER Device shall be as set out in the Master Services Agreement.

7. CONTENTS POSTED ON PORTAL / DRIVER/RIDER APP

  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Portal / Driver / Rider App is owned, controlled or licensed by or to TRANSPORTER and is protected under the Applicable Law.
  • Except as expressly provided in these Driver/Rider T&C, the Driver and/or Rider shall not:
    1. Copy, reproduce, modify, damage, disassemble, decompile, reverse engineer or create derivative works including, without limitation, translations, transformations, adaptations or other recast or altered versions) from the Portal / Driver /Rider App, or any portion thereof;
    2. Breach, disable, tamper with, or develop or use (or attempt) any workaround for any security measure provided in the Portal / Driver/Rider App;
    3. Send spam or otherwise duplicative or unsolicited messages in violation of applicable laws, send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violate of third party privacy rights;
    4. Store or disseminate material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
    5. Use the Portal / Driver/Rider App in a way that infringes or misappropriates a third party’s intellectual property rights or personal rights;
    6. Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Portal / Driver/Rider App or any activities conducted on the TRANSPORTER’s servers;
    7. Copy, sell, sub-license or assign the Portal / Driver/App, and its rights under these Driver and/or Rider T&C, without the prior written consent of TRANSPORTER;
    8. Distribute, disclose or allow use of the Portal / Driver/Rider App by any third party in any format, through any timesharing service, service bureau, network or by any other means; or
    9. Merge or combine the Portal/Driver/Rider App with any other technology not provided by TRANSPORTER.
  • You may use information on the Portal / Driver/Rider App purposely made available by TRANSPORTER for downloading from the Portal/ Driver/Rider App, provided that You:
    1. do not remove any proprietary notice language in all copies of such documents; or
    2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
    3. make no modifications to any such information; or
    4. do not make any additional representations or warranties relating to such documents.
  • You shall be solely responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Portal / Driver/Rider App (“Posted Content”), provided that such Posted Content is not restricted or prohibited under Applicable Laws or such Posted Content is not infringing any third party’s proprietary rights. Subject to the foregoing, such Posted Content will become TRANSPORTER’s property and You grant TRANSPORTER the worldwide, perpetual and transferable rights in such Posted Content. TRANSPORTER shall be entitled to, use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by TRANSPORTER in the manner that TRANSPORTER deems fit, consistent with Applicable Laws and You are not entitled to any payment or other compensation for such use of Posted Content by TRANSPORTER. TRANSPORTER will use such information in accordance with the Driver and/or Rider T&C including any TRANSPORTER Policies. You hereby represent and warrant that You have necessary rights to all the Posted Content and information You provide and are authorized to provide such Posted Content and information for the Portal. Notwithstanding anything contained in this Section, you shall be solely responsible for any liability arising out of the Posted Content on the Portal.

8. TRANSPORTER’S RESERVED RIGHTS

  • TRANSPORTER may, upon notice to the Driver and/or Rider, delist or remove the Information pertaining to the Driver and/or Rider from the Portal / Driver/Rider App.

8. PRIVACY TERMS

  • TRANSPORTER stores and processes Your Information, including any sensitive financial information, in accordance with the Cyber Laws in Malaysia and the Rules made there under as well as the Privacy Policy of TRANSPORTER as will be notified to you via text message and/or e- mail from time to time. If You object to Your Information being used in the manner prescribed by law or under TRANSPORTER’s Privacy Policy, please refrain from continuing to use and registering on the Portal / Driver/Rider App.
  • Notwithstanding the foregoing, TRANSPORTER shall be entitled to disclose to all companies within its group, or any government body as may be required by law or by any official directive or request from such government body or any third party through a court process or other official agency, your particulars, in any way as TRANSPORTER, in its absolute discretion, deems fit or if it considers it in its interests to do so.

8. REPRESENTATIONS AND WARRANTIES

  • You represent and warrant that:
    1. You are eligible for registration on the Portal / Driver/Rider App and creation of an Account in terms of these Driver T&C.
    2. You have all requisite power and authority to, deliver and perform the obligations imposed herein;
    3. The execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order or judicial pronouncement to which You are a party;
    4. You are the rightful owner of the Vehicle or have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder You from the performance of the Services;
    5. You have all rights, licenses and permits as may require by Applicable Laws to perform the Service in accordance with the terms of the Driver and/or Rider Agreement and these Driver and/or Rider T&C. The Driver and/or Rider hereby represents that he shall maintain and continue to maintain all local licenses, permits, approvals and consents in respect the Vehicle. You shall be responsible and liable for any violation of any law, rule or regulation in the performance of its obligations under these Driver and/or Rider T&C.
    6. You have not been convicted by any court in Malaysia or any other country of any crimes including but not limited to involving moral turpitude. Further, You are not a party to any pending litigation which shall materially affect Your obligations under these Driver and/or Rider T&C.
  • You undertake that, at all times during the Term, You will:
    1. abide by these Driver and/or Rider T&C, Zero Tolerance Policy and the TRANSPORTER Policies, as may be made applicable to You from time to time;
    2. perform the Service/(s) in accordance with all Applicable Laws;
    3. not violate the intellectual property rights of TRANSPORTER or of any third party and for any breach or violation of such intellectual property rights,
    4. be solely responsible to comply with TRANSPORTER Policies and adopt appropriate processes to prevent offering any illegal gratification in the form of bribes or gifts either in cash or in kind in the course of all dealings with TRANSPORTER or the Customer or any other third parties.

8. DISCLAIMER

  • You understand and acknowledge that TRANSPORTER disclaims and shall disclaim all representations and warranties to the Customer, of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes in respect of any and all Vehicles of the Driver and/or Rider that are used by the Customers as a part of the Services and Services offered by the Driver through the Portal.
  • TRANSPORTER does not warrant that You will be able to use the Portal / Driver/Rider App and/ or will be able to provide the Service/(s) at all times or locations on the Portal or that the Portal / Driver/Rider App and the Services provided through the Portal / Driver/Rider App will be uninterrupted or error-free or that the defects will be capable of being corrected by TRANSPORTER in a timely fashion. TRANSPORTER’s Portal, and all other technology developed and installed on the Device by TRANSPORTER are provided on an “AS IS” and “AS AVAILABLE” basis and TRANSPORTER specifically disclaims all warranties and indemnities, express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, completeness, or any other warranty arising from the course of performance or course of dealing. TRANSPORTER also does not provide any warranties as regards the compatibility of TRANSPORTER’s Portal, Driver / Rider App or any other installed technology with the Device of the Driver and/or Rider and the results as well as performance of the Portal / Driver/Rider App may vary depending on the model of the Device.

8. CONFIDENTIALITY

  • You acknowledge that pursuant to this Driver and/or Rider T&C, you will have access to confidential information of TRANSPORTER and its affiliates which has been provided by TRANSPORTER. You undertake to keep confidential all data and other confidential information of TRANSPORTER and shall not sell or otherwise make that information available to any third parties.
  • Except as otherwise agreed, the data of Customers will be the exclusive property of TRANSPORTER, and You will not use the same for Your own purpose or distribute such data in any form or means except for the purpose of these Driver and/or Rider T&C and shall keep it confidential at all times. Confidential information would include but not be limited to Customer details, market information, all work products and documents related thereto, the contents of the Portal, Driver/Rider App or any other information which is treated as confidential by TRANSPORTER, and any other information, whether orally or in writing, received or to be received by You which is agreed to be treated as confidential, whether expressly or by implication.

8. INDEMNIFICATION AND LIMITATION OF LIABILITY

  • You agree and undertake to indemnify and to hold harmless TRANSPORTER its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, an representatives from and against any losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by You of the Your obligations, performance or observance of Your role, functions, responsibilities, representations, or warranties under the Driver T&C; (ii) any violation of TRANSPORTER Policies or any other policies provided by TRANSPORTER; (iii) any harm to the reputation and goodwill of TRANSPORTER; (iv) any claim of violation of intellectual property of a third party by Driver’s and/or Rider’s usage of TRANSPORTER’s intellectual property in a manner not permitted under these Driver and/or Rider T&C; (v) Driver’s and/or Rider’s misconduct or unauthorized access to data on the Portal or permitting in any way by the Driver and/or Rider the transfer of such data to the competitors of TRANSPORTER or its affiliates or to any third party; and (vii) fraud, negligence and misconduct of the Driver and/or Rider.
  • You shall be liable to indemnify and hold TRANSPORTER harmless against all damages, losses, costs and expenses incurred by TRANSPORTER as a consequence of any complaint from any Customer received by TRANSPORTER with respect to defective Service/(s).
  • In addition to the indemnification rights of TRANSPORTER under these Driver and/or Rider T&C, TRANSPORTER shall also be entitled to such other remedies available under Applicable Laws.
  • In no event will TRANSPORTER be liable for any losses arising from or in connection with these Driver and/or Rider T&C, pursuant to any claim by the Driver and/or Rider against TRANSPORTER under contract, tort or otherwise, if such losses could have been avoided by the Driver and/or Rider using reasonable efforts to mitigate them. Further, TRANSPORTER shall also not be liable to the Driver and/or Rider in contract, tort or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind whatsoever even if advised of the possibility of such damages. Notwithstanding anything contrary contained elsewhere in the Agreement, the total cumulative liability of TRANSPORTER to the Driver and/or Rider or to any person claiming under or through it, shall not exceed RM100.00 (RINGGIT MALAYSIA ONE HUNDRED only).
  • TRANSPORTER shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Driver and/or Rider arising out of the use of the service offered by TRANSPORTER to the Driver and/or Rider directly or indirectly, for any reason whatsoever, including but not limited to damage or loss caused to You as a result of a Customer’s non-compliance, which includes, but is not limited to, any incorrectly placed voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of TRANSPORTER or any person or any organization involved in the above mentioned systems. The Driver and/or Rider shall also be liable to TRANSPORTER for any loss caused to TRANSPORTER due to the negligence of Driver and/or Rider or any unlawful act or omission in the performance of the Service. Without prejudice to the above, TRANSPORTER shall not be liable for any direct or indirect loss or damage, which may be suffered by the Driver and/or Rider as a result of any failure by a Customer to show up within any stipulated time even if TRANSPORTER has agreed to such timing or even if the Customer has advised TRANSPORTER of the possibility that he / she may not show up within the stipulated time.

8. TERMINATION OF DRIVER AND/OR RIDER REGISTRATION

  • The Parties to these Driver and/or Rider T&C shall be entitled to terminate these Driver and/or Rider T&C with a prior written notice of 7 (seven) Business Days to the other Party without assigning any reason for the termination.
  • The Parties to these Driver and/or Rider T&C shall be entitled to terminate these Driver and/or Rider T&C for any breach of any obligations, representations or warranties, or any other material terms as contained in this Driver and/or Rider T&C by a Party which is not the Party proposing to terminate the Driver and/or Rider T&C at the end of 5 (five) days from the intimation of such breach to the breaching Party, if such breach is not rectified within 5 (five) days.
  • Upon termination of these Driver and/or Rider T&C in the manner set out in Clause 14.1 and 14.2 above, the registration of the Driver on the Portal shall stand cancelled and the Account shall be terminated and the Driver and/or Rider shall not be eligible to ply his Vehicle on the Portal.
  • Upon the expiry or early termination of these Driver and/or Rider T&C:
    1. The Driver and/or Rider shall pay to TRANSPORTER all amounts due and owing to TRANSPORTER;
    2. TRANSPORTER may, at its own discretion, return the Subscription Amount with such deductions as may be required to be made for the amounts and penalties/ Suspect Charges due to be paid by the Driver and/or Rider to TRANSPORTER under these Driver and/or Rider T&C.
    3. On the termination of Your registration, TRANSPORTER will settle the Driver and/or Rider Proceeds which have become due to You on account of the Service to the Customers through the Portal and for other activities agreed under the Master Services Agreement, prior to the date of termination.
    4. Each Party shall promptly return to the other Party all property and materials including all devices and including confidential information and materials, furnished to it by the other Party pursuant to these Driver and/or Rider T&C and/or the Master Services Agreement between the Parties. Where the confidential information cannot be returned in material form, the Party shall destroy the other Party’s confidential information.
    5. The Parties shall cease acting in a manner that would imply a continuing relationship between the Parties and shall cease all marketing and other activities contemplated under these Driver and/or Rider T&C and/or the Master Services Agreement. In connection with the marketing activities, on termination or expiration of the Master Services Agreement along with the Driver and/or Rider T&C, the Driver and/or Rider shall ensure that TRANSPORTER branding affixed / displayed on the Vehicle and / or any other branding affixed / displayed on the Vehicle (as directed by TRANSPORTER and mutually agreed between the Parties), if any, shall be immediately removed. If the Driver and/or Rider is unable to remove the branding himself, Driver and/or Rider shall promptly approach TRANSPORTER’s nearest office for removal of the branding. TRANSPORTER disclaims all liabilities, whether civil, criminal, tortious, or otherwise, that may accrue as a consequence of continued use of any branding by the Driver and/or Rider after expiry or termination of the Master Services Agreement and Driver T&C.
  • Clauses 7 (Contents Posted on Mobile Application), 9 (Privacy Terms), 11 (Disclaimer),12 (Confidentiality), 13 (Indemnification and Limitation of Liability), 14 (Termination of Driver Registration) and 15 (Dispute Resolution, Governing Law and Jurisdiction) shall survive the expiry/termination of these Driver T&C in accordance with their terms.
  • Expiry or earlier termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to expiry or termination.
  • Without prejudice to the foregoing, the termination of Your registration pursuant to any of the provisions contained herein above shall not limit or otherwise affect any other remedy (including a claim for damages), which TRANSPORTER may have, arising out of the event which gave rise to the right of termination.

8. DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

  • If any dispute arises between You and TRANSPORTER, in connection with, or arising out of, these Driver and/or Rider T&C, the dispute shall be referred to arbitration under the Arbitration (Amendment) Act 2018 and to be adjudicated by a three arbitrator to be appointed by TRANSPORTER, the Driver and/or Rider and one from the Asian International Arbitration Centre. Arbitration shall be held in Kuala Lumpur. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
  • These Driver and/or Rider T&C shall be governed by and construed in accordance with the laws of Malaysia.
  • Subject to clause 15.1, the courts in Kuala Lumpur shall have the exclusive jurisdiction in connection with this Agreement.
  • In addition to above remedies, TRANSPORTER shall be entitled to an interim injunction, restraining order or such other equitable relief as a court of competent jurisdiction may deem necessary or appropriate to restrain You from committing any violation of Your covenants and obligations. These injunctive remedies are cumulative and are in addition to any other rights and remedies TRANSPORTER may have at law or in equity.

8. MISCELLANEOUS

  • Entire Agreement: The Parties hereby agree that the Subscription Agreement, Exhibits and these Driver and/or Rider T&C along with Commercial Term Segment, TRANSPORTER Policies, Zero Tolerance Policy and any other policy that TRANSPORTER notifies to the Driver and/or Rider from time to time shall constitute the entire agreement between them and shall supersede and override all previous communications, either oral or written, between the parties with respect to the subject matter of this Agreement. In the event of any contradiction or inconsistency between the Driver and/or Rider T&C and any other agreement executed between the parties, the terms of the Driver and/or Rider T&C shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Driver and/or Rider T&C.
  • Independent Contractor Status: The relationship created by Driver and/or Rider T&C is that of independent contractors, and not partners, franchisees or joint ventures. No employees, consultants, sub-contractors or agents of one party is or will be deemed to be employees, consultants, contractors or agents of the other party, nor do they have any authority to bind the other party by contract or otherwise to any obligation, except as expressly set forth herein. The Driver and/or Rider shall not be deemed for any purpose to be an employee of TRANSPORTER or any of its Affiliates. TRANSPORTER shall not be responsible to the Driver and/or Rider or any governing body for any payroll-related taxes related to the performance of Services hereunder, including but not limited to, withholding or other taxes related to central or state income tax, social security benefits or unemployment compensation.
  • Assignment: Neither these Driver and/or Rider T&C nor any of the rights, interests or obligations hereunder shall be assigned by the Driver and/or Rider to any third party, without the prior written consent of TRANSPORTER. TRANSPORTER may, at its sole discretion, assign the rights, interests or obligations hereunder to any person whosoever.
  • Force Majeure: Any delay in or failure to perform any obligations by either party under the Driver and/or Rider T&C shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such Party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, rebellion, insurrection (“Force Majeure”). Provided, however, you shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to TRANSPORTER. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which TRANSPORTER receives the notice from You as above, TRANSPORTER shall have the right to terminate these Driver and/or Rider T&C.
  • Notices: Any notices, requests and other communications required or permitted hereunder shall be in writing and may be sent by any of the following means to the receiving Party at the relevant addresses set forth in these Driver and/or Rider T&C:
    1. i. By electronic mail. For the purposes of this sub-clause the Parties’ electronic mail addresses shall be the following, unless otherwise intimated by the Parties to each other, TRANSPORTER: Transport Service Provider: As provided during attachment.
    2. ii. By SMS sent to mobile number at: TRANSPORTER: Not Applicable; Transport Service Provider: As provided during attachment.
    3. iii. By hand, against a written acknowledgement of receipt by the receiving Party. TRANSPORTER: Transport Service Provider: As provided during attachment.
    4. iv. By registered mail. Same as mentioned in 16.5(iii) above.
    In the event the delivery of the notice is attempted to be made at all the contact addresses provided by the party, the notice shall be deemed delivered on the third day from the date of the notice.
  • Waiver: Either party may exercise a right, power or remedy at its discretion and separately or concurrently with another right, power or remedy. No failure or delay on part of any Party hereto exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other rights, powers or privileges by such party.
  • Severability: Any provision that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
  • Amendment: These Driver and/or Rider T&C may be modified or amended by TRANSPORTER at its sole and absolute discretion.

ZERO TOLERANCE POLICY

Driver and/or Rider will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Driver and/or Rider from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned

Breach/Fine Consequences: AS INFORMED BY TRANSPORTER FROM TIME TO TIME

Breach Cases:

  • Asking for tips: Driver and/or Rider shall not Proactively ask for ‘tips’ from the Customer. Driver and/or Rider shall not hassle the Customer for change.
  • Wasting Customer’s Time: Driver and/or Rider shall not stop the Vehicle for filling fuel in between the journey. Driver and/or Rider shall not make any Personal stops during the journey.
  • Personal hygiene: Driver and/or Rider shall wear neat clothes at all times during duty hour. Driver and/or Rider shall maintain personal hygiene.
  • Customer Service: Driver and/or Rider shall greet Customers both at pick up and drop. Driver and/or Rider shall manage the luggage (both at pick-up and drop point). Driver and/or Rider shall ensure that vehicle’s AC is turned on before Customer sits in the Vehicle.
  • Vehicle Cleanliness: Driver and/or Rider shall keep the Vehicle and dashboard clean. Driver and/or Rider shall make the Vehicle available for field audit within 2 days’ time period from such breach. Till then no bookings shall be provided and the Vehicle will be blocked from the device.
  • Disturbing Customer: Driver and/or Rider shall not play loud music (above mid-level of the stereo) or music through any kind of earphone device. Driver and/or Rider shall not unnecessarily blow horn. Driver and/or Rider shall not proactively engage into a personal conversation with the Customer and shall not resort to any kind of unpleasant behaviour with Customers.
  • No Smoking/Tobacco/Vape/Cigar/Food and Alcohol Item: Driver and/or Rider shall not smoke inside the Vehicle. Driver and/or Rider shall not vape or drink and/or consume any alcohol while a ride is in progress.
  • The Driver and/or Rider shall ensure that he has adequate change with him so that at all times he is in the position to return the balance amount to the Customer.
  • The Driver and/or Rider should not make any fake calls or give any missed calls to the Customer’s contact number. The Driver and/or Rider should only give a call to the Customer informing the Customer about the arrival of the Vehicle at the destination. Driver and/or Rider shall not make unwarranted use of the Customer contact details after the customer has been dropped at the destination.
  • The Drivers and/or Rider shall be well versed with the routes. The Driver and/or Rider shall not take any long route when there is another short route known to
  • him/her for reaching the destination. The Drivers and/or Rider are not expected to halt at several places during the journey due to lack of knowledge of the routes.
  • Delay in Pick – Up: Driver and/or Rider should reach the pickup point (before pick-up time). Driver and/or Rider must intimate the Customer that he/she has reached at the pick - up location.
  • Driver and/or Rider should keep his/her mobile ‘ON’ while h/she is logged into the TRANSPORTER Portal and he/she should receive every call of the Customer. Driver and/or Rider should not make any deliberate attempt to park the Vehicle in ‘non-network’ area while the Customer is away for his/her personal work.
  • Vehicle Branding: TRANSPORTER Sticker, if any, on the Vehicle should not be removed till the Vehicle is active on the Platform.
  • Rude Behaviour with Female Customer: Driver and/or Rider shall not under any circumstance argue with the Customer/use abusive words / raise his voice tone while talking to the Customer. Driver and/or Rider should follow the instructions given by Customer as well as by TRANSPORTER Call Centre.
  • Mobile Phone Usage: Driver and/or Rider shall not use mobile phones (unless for emergency purposes) while driving. This includes but not limited to SMS, video calls, voice, MMS and downloading. However, this shall not apply in case of calls from TRANSPORTER representatives and the Customer
  • Reporting to TRANSPORTER: Driver and/or Rider shall not lie about Vehicle’s position to the TRANSPORTER representative. Driver and/or Rider shall not report meter readings incorrectly. Driver and/or Rider shall provide opening and closing readings of the odometer on time as and when such reading is required to be provided by the TRANSPORTER representatives
  • Rash Driving: Driver and/or Rider shall not exceed the speed limit of:
    1. 60 Kms per hour within the city;
    2. 90 Kms per hour on state highways; and
    3. 110 Kms per hour on National highways.
    If any other speed limits prescribed for any road which is lower than the speed limits specified in (i), (ii) and (iii) above, the Driver and/or Rider shall follow the said prescribed lower speed limits. Driver and/or Rider should not apply sudden breaks and should not take sharp turns that may cause inconvenience to the Customer
  • Driving License (DL) & Other RTO Documents:
  • While on duty hours with TRANSPORTER it is mandatory to keep DL and all relevant RTO impacting papers (Permits, Licenses, Insurance, Registration cards, road tax, etc.).
  • While performing the Taxi Services, Driver and/or Rider should not sleep in the Vehicle.
  • Driver and/or Rider shall not reject the booking on his own at the time of allotment under any circumstances (unless permitted by TRANSPORTER).
  • Driver and/or Rider shall not reject a booking of a Customer once he/she has accepted the duty and logged in and shall not switch off his/her mobile under any circumstances.
  • Missing luggage: Driver and/or Rider should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in his/her vehicle or the Driver and/or Rider should call to the Customer and inform him/her that he/she has forgotten his/her belonging in the vehicle.
  • Device Misuse: Driver and/or Rider shall ensure that the Device (as defined in the Driver and/or Rider T&C) shall not be misused in any ways
  • Traffic Rules: Driver and/or Rider shall obey all traffic rules including traffic signals. Driver and/or Rider shall keep all statutory documents (insurance documents, vehicle registration book/card, Permits, licenses, approval, etc.) at all times. Driver and/or Rider shall wear seat belt all the time while driving.
  • Driver and/or Rider lying or completing service in bad-faith: Driver and/or Rider should follow the best and shortest possible route to reach the destination. Driver and/or Rider should not misrepresent or misguide the routes or duty slips to increase the fare.
  • Driver and/or Rider shall not consume/intake or be under the influence of alcohol or narcotic substances while logged into the TRANSPORTER Portal. In the event the Driver and/or Rider is found to be intoxicated during their contract with TRANSPORTER, TRANSPORTER has the right to ban the Driver and/or Rider for three (3) to six (6) months and /or on the discretion of TRANSPORTER from providing the transport service with TRANSPORTER.
  • Abusive or discriminatory Driver and/or Rider: Driver and/or Rider should not do anything like abusing the Customer, talking to Customer or any such behaviour which shall make the Customer feel uncomfortable during journey. Driver and/or Rider should not discriminate against Customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality.
  • Rude behaviour/ Customer inconvenience: Driver and/or Rider should not ask the Customer to get down from his/her vehicle in the middle of the journey even if any misunderstanding or verbal fights happen between the Customer and the Driver and/or Rider. If his/her Vehicle gets breakdown, he/she himself/herself should call TRANSPORTER’S office and make arrangement for another vehicle at any cost for the Customer and drop the Customer to the drop location.
  • Extra Ordinary Circumstances: Any instance of Driver’s and/or Rider’s behaviour that directly or indirectly impacts TRANSPORTER’s “Brand Image”.
  • Maximum Weight Never load the vehicle above the manufacturer’s maximum specified weight.
  • Medically Fit Never drive the vehicle if medical conditions will impact the driving.
  • Unauthorized Goods or Persons Not carry any unauthorized goods or persons till the completion of the Ride.

EXHIBIT-C

COMMERCIAL TERMS SEGMENT

Details of the following commercial terms will be informed by TRANSPORTER from time to time:

Description of Commercial Terms

1. Transport Service Provider Device Model & Serial No.
2. Platform Subscription Fees for the use of TRANSPORTER technology platform (RM)
3. Incentives
4. Commission Payable to TRANSPORTER (Percentage)
5. Commission Payable to TRANSPORTER (Percentage) for TRANSPORTER Share Rides (if applicable)
6. Security Deposit for TRANSPORTER Device
Details:
To be informed by TRANSPORTER from time to time.

Key Terms:

  • All payments due to the Transport Service Provider shall be made through CASH/ TRANSFER ONLINE/ DEBIT CARD/ CREDIT CARD/E-WALLET SUCH AS TOUCH “N GO/BOOST/CRYPTOCURRENCY, etc., as mutually agreed from time to time.
  • ii. Incentive (if any) may be given to the Transport Service Provider by TRANSPORTER from time to time. The Incentives shall be determined after taking into consideration all dues, fines, charges, interest, claims, costs, expenses etc.. For the sake of clarity, both the parties acknowledge and agree that the foregoing amounts are only for limited purposes of arriving at the value of Incentives.
  • You authorize TRANSPORTER to make deductions from the Transport Service Provider Proceeds which includes the following:
    1. Tax Deduction as per the Income Tax Act, 2018, where applicable;
    2. service tax and other applicable taxes; and
    3. and any other amounts due and payable by the Transport Service Provider to TRANSPORTER as per applicable law.
  • The terms in this Commercial Terms Segment is subject to change and will be communicated to the Transport Service Provider via SMS/call to registered mobile number.
  • The Transport Service Provider hereby agrees that discounts given to the users of the Portal, if any, will be decided by TRANSPORTER on a case-to-case basis which shall be informed to the Transport Service Provider by TRANSPORTER, and the Fee finally appearing on the Device configured by TRANSPORTER for settlement between the Transport Service Provider and TRANSPORTER shall be final and binding on the Transport Service Provider. The Transport Service Provider shall agree to the same without demur or protest.
  • TRANSPORTER reserves the right to change the rates and payment terms between the Transport Service Provider and TRANSPORTER mentioned in the Commercial Term Segment at any given point in time, which shall be notified to the Transport Service Provider.
  • Notwithstanding anything contained in this Agreement, where TRANSPORTER has reason to believe that any charges/debits in respect of the Fee have been fraudulently incurred (“Suspect Charge”), TRANSPORTER will always be entitled to deduct an amount equivalent to Suspect Charge from the Subscription Amount or in the event of insufficient Subscription Amount, TRANSPORTER will be entitled to require the Transport Service Provider to remit the Suspect Charge in cash with TRANSPORTER.
  • TRANSPORTER shall notify the Transport Service Provider as soon as the Credit Limit is reached. Once, the Credit Limit exceeds the above specified limit, the Account will become inactive without any further notification. The Vehicle(s) will not be allotted any further bookings till the Transport Service Provider pays the outstanding amount exceeding the specified credit limit. The Transport Service Provider can pay the outstanding amount via cash, cheque or on line transfer.
  • Settlement: Pursuant to any settlement (“Settlement”) that the Transport Service Provider is required to make with TRANSPORTER, under the terms of this Agreement and/or these the Transport Service Provider T&C, whether for a breach of this Agreement and/or the Transport Service Provider T&C or otherwise, TRANSPORTER shall send a report of the Settlement by short message service (SMS) / email / post, giving full details of the amounts and reasons thereof, forming part of the Settlement, to the Transport Service Provider. The Transport Service Provider shall make payment of the amounts mentioned in the Settlement to TRANSPORTER within 7 (seven) days from the date of receipt of such Settlement details. If the Transport Service Provider fails or refuses to make payment in respect of such Settlement within such seven 7 (seven) days, TRANSPORTER shall have the right thereafter without any reference to the Transport Service Provider, to deduct the amounts mentioned in the Settlement details from the Subscription Amount. If the Subscription Amount is insufficient to meet the Settlement amount, then the balance shall be recoverable forthwith from the Transport Service Provider by TRANSPORTER.

EXHIBIT-D

ELIGIBILITY CRITERIA
  • The Transport Service Provider must be competent to contract within the meaning of the Contract Act, 1950.
  • The Transport Service Provider must have a valid KYC compliant’ Bank account with one of the Bank in Malaysia under the Transport Service Provider’s name;
  • The Transport Service Provider must not be convicted of any offence for the preceding 10 years.
  • The Transport Service Provider must be a man or woman of good repute and character and must never have been convicted of an offence involving moral turpitude and that no warrant, summons, FIR or any other process must have been initiated against or issued in Transport Service Provider’s name by any court of law, Governmental authority or law enforcement agency. Further, no proceeding must be pending against the Transport Service Provider regarding and neither have Transport Service Provider been convicted of (a) driving under the influence of drugs or alcohol or (b) any cognizable offence under the Code of Criminal Procedure code, including fraud, sexual offences, use of a motor vehicle to commit cognizable offence, or of any crime involving property damage, theft, acts of violence, or acts of terror.
  • The Transport Service Provider must have identity proof / badge and commercial driving license as required under the Road Transportation Act 1987 and the rules made thereunder OR The Transport Service Provider must provide identity proofs / badges and commercial driving licenses in respect of the drivers proposed to be used for the Transport Services and as required under the Road Transportation Act 1987 and the rules made thereunder.
  • The Transport Service Provider must have registration certificate, fitness certificate, contract carriage permits and mandatory insurance policy in respect of each Vehicle of the Transport Service Provider proposed to be used for the Transport Services.