Terms & Conditions of Usage and Service
Applicable Terms and Conditions: The terms and conditions hereinafter appearing shall govern your use of our website, our mobile application and our services.
Acceptance of Terms and Conditions/Deeming Provision: Take Notice that your access to and use of our website and/or our mobile application and/or our services are subject to the terms and conditions hereinafter appearing and every time that you access our website and/or our mobile application and/or use our services, you are deemed to have read, understood, and agreed to the terms and conditions hereinafter appearing and to be fully bound thereby.
Non-agreement to Terms and Conditions: Take Further Notice that if you do not agree with the terms and conditions or any part thereof, please do not proceed and exit our website and/or our mobile application immediately.
Minimum Age: You must be at least 18 years of age to use our website and/or our mobile application and/or our services and by using our website and/or our mobile application and/or our services, you warrant and represent to us that you are at least 18 years of age.
Amendments and Variation: The terms and conditions herein may be amended and/or varied from time to time. Every time that you access our website and/or use our services, you are deemed to have read and agreed to the latest version of the terms and conditions hereinafter appearing and to be fully bound thereby.
Intellectual Property Rights: We own all right, title and interest, including all related intellectual property rights, in and to the software and/or our mobile application and/or our website. Any reproduction, distribution, storage, communication, broadcast and reproduction or transmission of the contents without our written permission are expressly prohibited.
Restricted Usage: You must not use our website and/or our mobile application in any way that causes, or may cause, damage to our website and/or our mobile application or impairment of the availability or accessibility of our website and/or the mobile application; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website and/or our mobile application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website and/or our mobile application without our express written consent.
Restricted access: We are entitled, at our absolute discretion, to restrict your access into certain areas of our website and/or our mobile application.
User ID and Password: User ID and password to enable you to access any restricted areas of our website and/or our mobile application must be kept confidential, and we reserve our right to disable your User ID and password at our sole discretion without notice and/or assigning any reasons.
Indemnity: You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any terms and conditions herein, or arising out of any claim arising from your access into and usage of our website and/or our mobile application and/or our services.
Booking of Services: If you book the services of our driver, you will be required to supply all relevant information relevant to your booking including your personal identification details, your credit/debit card details and other information which may be required for us to process your booking.
Scope of Services: At the time of you making the booking of the services of our driver, you will be required to choose the scope of the services requested and you shall indicate the time and location of the commencement of the services.
Rate of Charges: The rate of charges of your chosen scope of service is as published in our website or the mobile application, which you have accessed.
Acceptance of Booking: Our acceptance of your booking will be indicated and you shall confirm our acceptance. Upon your confirmation of our acceptance of your booking, we will designate a designated driver to you and the total charges will be notified.
Payment for Services/Scope of Services Rendered: Payment to us shall be made in advance via MYDD wallet and shall not be refundable unless in accordance with the terms and conditions herein. Upon your payment of the charges, you are deemed to have authorized your designated driver to drive your vehicle in accordance with the scope of services chosen and the terms and conditions herein. At the point of payment, a deposit of RM35 shall be taken towards payment of any penalties imposed by us in accordance with the terms and conditions herein.
Performance of services: For long term services you have booked for (not a single trip service), your designated driver will maintain a timesheet documenting the performance and completion of each day of services provided and shall, at the end of each calendar week, submit the same to you for verification.
Replacement of Designated Driver: You are entitled to request for a replacement of the designated driver upon notice to us due to non-satisfactory performance of the designated driver and/or in the event your designated driver breaches any of his/her obligations herein. In the event that your designated driver is not present at the time and location of the commencement of the services, we shall upon receipt of your notice, endevour to find you a replacement driver immediately and in any event not later than 4 hours from the commencement time of the services. In the event that your designated driver is unavailable for any reasons whatsoever, to provide the services you booked for, we shall upon receipt of your notice, endevour to find you a replacement driver immediately and in any event not later than 4 hours from the commencement time of the services, failing which we will refund to you the charges you paid for the services you booked for wherein the services you booked for and accepted by us shall be deemed terminated and there shall be no further claims against each other.
Cancellation: In the event of any intention of cancellation after confirmation of your advance booking, you are required to provide 1 hour prior notice of cancellation through our website or our mobile application, failing which, the charges paid shall be forfeited and we shall be entitled to charge you RM 35 as penalty for late cancellation, otherwise the charges paid will be refunded to you within 14 days from the date of your cancellation.
Fees and charges: You will bear all the toll fees, parking fees, petrol/diesel/gas, waiting fee and other expenses during the performance of the services.
Your Warranties & Confirmation: You warrant that (1) you are the legal and registered owner of the vehicle and/or you are the authorized person to use the vehicle (2) the vehicle has been properly insured with a valid and minimum third party / all driver insurance coverage and that such policy of insurance is in full force and effect (3) the vehicle has a valid and current road tax (4) the vehicle is in a good and safe condition to drive and has sufficient fuel to cover the scope of services chosen and if insufficient, you will refuel the vehicle at your own cost (5) the vehicle is clean (6) you will notify and assist your designated driver in the operation of your vehicle if your vehicle is different and not the normal standard vehicle (7) there are no illegal and illicit material or drugs in the vehicle or in your possession during the performance of the services (8) all items found in the vehicle belong to you and are not stolen property (9) you will not offer employment to your designated driver.
Our Warranties & Confirmation: We warrant that (1) all our drivers (i) have a valid driving license and/or work permit (ii) are free from any criminal records (iii) are healthy (iv) are competent drivers and they will drive the vehicle in accordance with the laws, traffic rules and regulations within the legal speed limit and in the safest condition possible (v) will maintain an acceptable and neat appearance and shall dress in proper uniform when performing the services (vi) will be punctual and in the event of a likelihood of delay, our drivers will notify you immediately (2) our drivers will ensure that the vehicle is kept clean and notify you if it is not in good working condition and/or not ready to use during performance of the services you have booked for.
Joint Obligations: Both you and your designated driver shall be (1) courteous to each other (2) maintain a good and professional behaviour towards one another (3) to avoid bringing and keeping respective personal belongings and valuables in the vehicle to avoid any misunderstanding or accusation of missing/stolen personal belongings and valuables and in this regard, all parties including your designated driver shall not in whatsoever manner be responsible and liable for loss or damage to personal belongings and valuables kept in the vehicle (4) to cooperate with each other in the event of an accident involving the vehicle or loss of the vehicle due to theft or hijacking by lodging the necessary police report and to assist in the police investigation into the accident
In-vehicle audio and/or video recording device: You hereby grant your express consent for your designated driver to install an in-vehicle audio and/or video recording device inside the vehicle during the performance of the services you have booked for, which recordings may be used as evidence of any dispute between you and us and/or any third party. Such recordings cannot be used for any other purpose save as stipulated herein and we undertake to delete such recordings after its use.
Illegal Requests: During the performance of the services you have booked for, your designated driver shall be entitled to refuse any requests from you which are illegal and/or against the laws, traffic rules and regulations.
Traffic Offences: In the event of your designated driver committing any minor traffic offences during the course of the services you have booked for, your designated driver shall be responsible and be liable to pay any fine or compound imposed by the authorities.
Exclusion of Liability: Our liability is governed by the terms of our policy if insurance. However, we shall not be responsible for any claims and/or liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the reckless and careless driving by your designated driver or due to gross negligence or wilful act of your designated driver. To the fullest extent permitted by law, we shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with your use of our website, our mobile application and/or our services.
Accident: We and your designated driver shall not be held responsible or liable for any loss and/or damage caused to your vehicle during the performance of the services you have booked for save and except when the loss and damage are due to the reckless and careless driving by your designated driver or due to gross negligence or wilful act of your designated driver and our liability shall be limited to the excess of the costs of repair not covered under your policy of insurance.
Independent Contractor: Your designated driver is an independent contractor and not our employee. Your designated driver is not authorized to enter into or commit us into any contractual agreement and/or arrangements with you.
Termination of services: You may terminate the services of your designated driver but there will be no refund of the charges paid.
Confidential Information: Your designated driver may have access to and become acquainted with information, confidential or otherwise, while performing the services you have booked for in relation to yourself or your business, and we undertake to ensure that your designated driver will not disclose any of such information or use any of them in any way for any purpose whatsoever.
Governing law: This agreement shall be governed by the laws of Malaysia and the parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.