Last modified: 12 July 2022

TERMS OF SERVICE

IMPORTANT NOTICE !!! 
Every Registration will be charge RM30 for Account Activation No Refund Will Be Provided.
Without Prejudice

Section A – General Terms

 

1. Introduction

1.1. Please read these Terms of Service carefully. By using the Service (as defined), you agree that you have read and understood the terms in these Terms of Services which are applicable to you. These Terms of Service and the TAXI4U Policies (as defined) constitute a legally binding agreement (“Agreement”) between you and TAXI4U (as defined). The Agreement applies to your use of the Service (as defined) provided by TAXI4U. If you do not agree to the Terms of Service, please do not use or continue using the Application or the Service.

1.2. TAXI4U may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.taxi4u.my or the Application. It is your responsibility to review the Terms of Service regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.taxi4u.my as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Service in the Alternate Country.

1.4. TAXI4U IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO OBTAIN OR PROCURE GOODS AND SERVICES PROVIDED BY PARTNER OR US. WHERE THE GOODS/SERVICES ARE PROVIDED BY PARTNER, TAXI4U’S ROLE IS MERELY TO LINK THE USER WITH SUCH PARTNERS. TAXI4U IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNERS. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS AND SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES TO BE, AN AGENT, EMPLOYEE OR STAFF OF TAXI4U AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY TAXI4U.

 

2. Definitions

In these Terms of Service, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by TAXI4U (or its licensors) to Consumers and Partners respectively;

2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions;

2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;

2.4. “TAXI4U” / “we” means:

2.4.1. Myteksi Sdn Bhd in relation to TAXI4UTaxi, TAXI4UMart, TAXI4UFood, TAXI4UKitchen, TAXI4USupermarket and TAXI4UAds;

2.4.2. TAXI4Ucar Sdn Bhd in relation TAXI4UCar, TAXI4UShare and TAXI4UExpress;

2.4.3. TAXI4Ulink MY Sdn Bhd in relation to TAXI4UGifts;

2.4.4 in relation to TAXI4U for Business, the entity stated at the TAXI4U for Business account sign-up page in relation to; and/or

2.4.5. the relevant subsidiary, affiliate, associated company of TAXI4Utaxi Holdings Pte Ltd.

2.5. “TAXI4U Policies” means the following:

2.5.1. the Privacy Policy;

2.5.2. the Driver / Delivery Partner Code of Conduct or the TAXI4U Consumer Code of Conduct may be applicable; and

2.5.3. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), or agreements provided to or entered into by you from time to time;

2.6 “Partner” means the independent third parties (who are not TAXI4U) who provide the relevant Solutions to Consumers through the Service, including (a) driver-pilot, delivery-pilot, (b) merchant-partners such as TAXI4UFood, TAXI4UMart and/or TAXI4USupermarket, and (c) any other relevant goods and services providers;

2.7. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.8. “Platform” means the Application, Software and any other platform, portal or website which TAXI4U owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;

2.9. “Privacy Policy” means our privacy policy accessible at: https://www.taxi4u.my/ as amended from time to time;

2.10. “Service” means the linking of Consumers to Partners or other Consumers through the Application, Platform and/or Software;

2.11. “Software” means any software associated with the Application which is supplied made available for download and installation by TAXI4U;

2.12. “Solutions” means the transportation, food and beverage, groceries, logistics and/or othe products and services which are made available to Consumers through the following offerings:

2.12.1. TAXI4UTaxi;

2.12.2. TAXI4UCar;

2.12.3. TAXI4UFood;

2.12.4. TAXI4UExpress;

2.12.5. TAXI4U for Business;

2.12.6. TAXI4UMart;

2.12.7 TAXI4UBike;

2.12.8 TAXI4UKitchen;

2.12.9 TAXI4USupermarket;

2.12.10 TAXI4UAds;

2.12.11 TAXI4UGifts;

2.12.12 Intercity

2.12.13 Any such other services which TAXI4U may make available from time to time; and 

2.13. “You” refers to the Partner and/or Consumer as may be applicable.

 

 

3. Representations, Warranties and Undertakings

3.1. By using the Service and/or Platform, you represent, warrant and undertake that:

3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that TAXI4U may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, TAXI4U has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.3. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.4. You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by TAXI4U;

3.1.5. You will only use the Application, Platform and Service for their intended and lawful purposes;

3.1.6. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.7. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.8. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.9. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.10. You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or 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, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;

3.1.11. You will not attempt to commercially exploit any part of the Application without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by TAXI4U. This includes without limitation not to:  

(a)create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;

(c) conduct data mining or scraping activities; and

(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

3.1.12 You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud TAXI4U or to disrupt the natural functions of the Application; 

3.1.13. You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

3.1.14. You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards TAXI4U or any third party;

3.1.15. You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that TAXI4U may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, TAXI4U has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.16. You will only use an access point or data account which you are authorized to use;

3.1.17. You agree that the Service is provided on a reasonable effort basis;

3.1.18. You agree that your use of the Service will be subject to TAXI4U’s Privacy Policy;

3.1.19. You agree to assist TAXI4U with any internal or external investigations as may be required by TAXI4U in complying with any prevailing laws or regulations in place;

3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, TAXI4U or any other party as a result of your breach of this Agreement;

3.1.21. You provide us the phone numbers of TAXI4U users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.

3.1.22.You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;

3.1.23. You agree that TAXI4U may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and

3.1.24. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, TAXI4U or any other party as a result of your breach of this Agreement.

 

3.2. If you are a Pilot, you further represent, warrant and undertake that:

3.2.1.. If applicable, you possess a valid driver’s license, and for TAXI4UCar service, a public vehicle service license (“PSV License”) and have obtained an e-hailing vehicle permit (“EVP”) in order to operate a motor vehicle and have all the appropriate licenses, approvals, permits, consents, authority and mandatory insurance policies related to or in connection with your provision of the Solution(s) in the jurisdiction in which you use the Service;

3.2.2. If applicable, you own, or have the legal right and authority to operate, the vehicle, equipment, premises or any other matter or thing  which is involved or used in the course of your provision of the Solution(s); 

3.2.3. If applicable, you have a valid policy/ies of liability insurance (in industry-standard coverage amounts in connection with your provision of the Solution(s));

3.2.4. If applicable, you possess a valid policy of private vehicle insurance and e-hailing insurance (in industry-standard coverage amounts) to operate the vehicle as required by the relevant authorities and any other applicable regulation for the operation of the vehicle. You shall ensure your e-hailing insurance covers any and all anticipated and unforeseeable losses in relation to damages to the vehicle, any claims, personal injury and death of Consumers, as well as third party coverage whilst operating as a Pilot. You shall ensure that your e-hailing insurance is purchased and effective on or before 12 July 2019 and a copy of the same shall be submitted to TAXI4U;

3.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the Solution(s)provided by you;

3.2.6. You shall obey all local laws related to your provision of the Solution(s) and will be solely responsible for any violations of such local laws and you acknowledge that TAXI4U has the right to carry out background search on you from time to time, to ensure that you are not directly or indirectly involved in a criminal action or being investigated for a criminal allegation or implicated in a criminal proceeding;

3.2.7. You shall not contact Consumers for purposes other than in connection with the Service;

3.2.8. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any Consumers, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application

3.2.9. You are aware that when responding to Consumers, standard telecommunication charges may apply which shall be solely borne by you;

3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement;

3.2.11. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of TAXI4U’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 TAXI4U reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used; and

3.2.12. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Pilot on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of the Platform. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3. If you are a Consumer, you further represent, warrant and undertake that :

3.3.1. Your use of the Service is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor;

3.3.2. You will not use the Application, Platform and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings;

3.3.3. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Pilot is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy;

3.3.4. You shall not contact the Pilot for purposes other than the Service;

3.3.5. You shall not intentionally or unintentionally cause or attempt to cause damage to the Pilot or any property of the Pilot.

 

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application, Platform and Software is likely to be accessed from, we do not warrant compatibility of the Application, Platform and Software with specific mobile devices or other hardware.

 

5. License Grant and Restrictions

5.1.TAXI4U and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by TAXI4U and its licensors.

5.2. You shall not:

5.2.1.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; or 

5.2.2.remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform. 

 

6. Payments

6.1 Payment Terms for Pilots (Drivers-Pilots / Delivery-Pilots)

6.1.1 TAXI4U charges a fee for your use of the Service (“Service Fee”). The Service Fee may be up to 20% of the Consumer Charges unless otherwise communicated to and accepted by you before you commence provision of the Solution(s). The Service Fees are payable by you immediately and are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT TAXI4U MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 TAXI4U 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 you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold TAXI4U liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.4 TAXI4U may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumer whereby these promotional offers shall accordingly be honored by you. TAXI4U may change the Service Fee at any time at its sole discretion.

6.1.5 Driver’s Cash Balance: TAXI4U shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). You must ensure your Cash Balance is not negative at all times. Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver TAXI4UPay Wallet, or to such other recipient accounts as are made available in the Application, provided always, your Cash Balance does not fall below RM1. TAXI4U reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Service, as are authorized by you, or as are notified to you via the Application. You agree TAXI4U may retain, apply, or set off any sum due and owing, monies, deposits or balances held in, or standing to the credit of any account towards the satisfaction of any obligations and service quality due from you to TAXI4U, whether such obligation be present or future, actual or contingent, primary or collateral and several or joint.

6.1.6 Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with TAXI4U a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to TAXI4U by you of commissions and other fees and charges applicable under these Terms of Service. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by TAXI4U, and shall be notified to you via the Application. It may be changed at any time at TAXI4U’s sole discretion. You agree TAXI4U may retain, apply, or set off any sum due and owing, monies, deposits or balances held in, or standing to the credit of any account towards the satisfaction of any obligations and service quality due from you to TAXI4U, whether such obligation be present or future, actual or contingent, primary or collateral and several or joint.

6.1.7 You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is RM1,500.00. Balance may be added in any manner prescribed by TAXI4U from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).

6.1.8 Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. TAXI4U may receive interest on amounts that TAXI4U holds on your behalf. You agree to assign your rights to TAXI4U for any interest derived from your Credits.

6.1.9 Driver’s TAXI4UPay Wallet: Where available, driver-Pilots will be provided with a TAXI4UPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Consumers. Usage of your Driver’s TAXI4UPay Wallet will be governed by the TAXI4UPay Terms of Service, accessible via the https://www.taxi4u.my/ website.

6.2 Payment Terms for Consumers:

6.2.1 Consumers are required to make full payment of the Consumers Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

6.2.2 Automated payment may be made by credit card and or debit card, by TAXI4UPay, alternative e-Wallets or by PayLater or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the TAXI4UPay Terms of Service, accessible via the https://www.taxi4u.my/ website.

6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Pilots unless you choose to change the amount or remove the tip.

 

7. Cancellation

7.1 For Pilots:

7.1.1 The Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers ’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of TAXI4U.

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. TAXI4U reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

7.2 For Consumers :

7.2.1 You may cancel your request for transportation services at any time before you commence your ride with the Pilot that has been matched with you by the Service.

7.2.2 If you decide to cancel your booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as TAXI4U may notify from time to time via the Cancellation Policy on TAXI4U’s website.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact TAXI4U via the Help Centre on TAXI4U’s website for assistance. TAXI4U reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or the TAXI4UPay Credits or such other method as is deemed reasonable by TAXI4U, for cash payments.

 

8. TAXI4URewards Loyalty Programme and Promotions for Consumers

8.1 If you are a Consumer using the Application, you will automatically be a member of the loyalty programme named “TAXI4URewards Loyalty Programme” operated by TAXI4U and/or its affiliate companies.

8.2 The terms of the TAXI4URewards Loyalty Programme will be governed by the TAXI4UPay Terms of Servicef.

8.3 From time to time, TAXI4U may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans, or other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, limits and/or availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable and non-refundable and cannot be exchanged for cash. TAXI4U reserves the right to withdraw, amend and/or alter any part of the terms and conditions of the promotions and subscriptions at any time without any prior notice. TAXI4U reserves the right to void, discontinue or disqualify you from any promotion or subscription plan without prior notice to you , in the event a you breach any part of these Terms of Service.

 

9. Ratings

9.1. Consumers and Pilots may be allowed to rate each other in respect of Solutions provided.

9.2. Every rating will be automatically logged onto TAXI4U’s system and TAXI4U may analyse all ratings received. TAXI4U may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

 

10. Complaints

10.1. Any complaints between Pilots and Consumers must be taken up with each other directly.

 

11. Repair and Cleaning Fees for Consumers

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Pilot’s property as a result of your misuse of the Service or breach of the Terms of Service herein. TAXI4U may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Pilot via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Pilot has been verified by TAXI4U.

 

12. Intellectual Property Ownership

12.1. TAXI4U and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by TAXI4U and/or its licensors. TAXI4U’s name, TAXI4U’s logo, the Service, the Software and/or the Application and the third party transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of TAXI4U or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term the Software and the Application herein shall include its respective components, processes and design in its entirety.

 

13. Taxes

13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend TAXI4U 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 Service.

13.2. If you are a Pilot, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

 

14. Confidentiality

14.1. You shall maintain in confidence all information and data relating to TAXI4U, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of TAXI4U (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from TAXI4U, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without TAXI4U’s prior written consent, disclose such information to any third party nor use it for any other purpose.

14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

14.2.1. was at the time of receipt already in your possession;

14.2.2. is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3. was received from a third party having the right to disclose it; or

14.2.4. is required to be disclosed by law.

 

15. Data Privacy and Personal Data Protection Policy

15.1. TAXI4U collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of TAXI4U’s Services and its terms are made a part of this Agreement by this reference.

15.2. Where applicable, you agree and consent to TAXI4U, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

15.3. You acknowledge that TAXI4U may disclose Personal Data of other individuals to you in the course of your use of TAXI4U’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by TAXI4U, and not for any other unauthorized purposes.

 

16. Third Party Interactions

16.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform or Application. Any such communication or agreement is strictly between you and the applicable third party and TAXI4U and its licensors shall have no liability or obligation for any such communication or agreement. Neither TAXI4U nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform or Application, and in no event shall TAXI4U, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or Pilots. Certain Pilots of transportation, goods and/or services may require your agreement to additional or different Terms of Service and privacy policies prior to your use of or access to such goods or services, and TAXI4U is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the Pilots. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. TAXI4U is not liable for any information that you provide to or authorise us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

16.2. TAXI4U 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. You agree to receive such advertising and marketing. If you do not want to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.. You agree and allow TAXI4U to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.

16.3. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

16.4. You acknowledge that in addition to utilising data from the Data Sources listed in Section B the Application utilises and modifies search results from Google Maps services and content, and that by using the Application, you agree to comply with (1) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (2) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (3) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Application you shall not: 

(a)    copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps; 

(b)   sublicense, transfer or distribute Google Maps; 

(c)    sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or 

(d)   access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

 

17. Indemnification

17.1. By agreeing to the Terms of Service upon using the Service, you agree that you shall indemnify and hold TAXI4U, its licensors and each such party’s 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 and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform, Software and/or the Application in your dealings with the Pilots or Consumers (as the case may be), third party merchants, providers, Pilots, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Pilots or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform, Software and/or the Application; and (e) where applicable your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service .

 

18. Disclaimer of Warranties

18.1. The Application, its content and any related service(s) is provided to you on an “as is” basis. TAXI4U makes no representations or warranties of any kind, express or implied, in connection with the Software, Application, Platform, Service, these Terms of Service, the content or any related service(s). Although we make reasonable efforts to keep the Application up-to-date, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We shall not be liable for any direct, indirect or consequent loss arising from the modifications or amendments to the Software, Application, Platform, Service, or Terms of Service.

18.2. TAXI4U makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Pilots or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Pilots and shall have no recourse to TAXI4U in respect of the same.

 

19. Internet Delays

THE SERVICE, PLATFORM, 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 OR THE Pilots BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. TAXI4U IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

 

20. TAXI4ULite

20.1 Notwithstanding any other terms in the Agreement, and in our effort to ensure a seamless ride experience for you in the event of the Application becoming unavailable, TAXI4U has introduced ‘TAXI4ULite’. TAXI4ULite is a basic version of the Application which allows you to continue to make bookings during a downtime of the Application. In the event of a downtime, the Application will automatically switch to the TAXI4ULite version without any action on your part. Being a basic version, TAXI4ULite will have some differences in its features and application compared to the Application. The following are the differences that you should be aware of:-

20.1.1. Only TAXI4UCar. Under TAXI4ULite, only TAXI4Ucar will be available for booking.

20.1.2. Fixed Fares. A ride booked via TAXI4ULite shall have fixed fare only irrespective of the type of transport / vehicles. The fixed fare will be shown on the TAXI4ULite Application after you have keyed in your location and destination.

20.1.3. Cash Payment Only. As a stripped-down version of the Application, rides made via TAXI4ULite shall be paid by cash only. TAXI4ULite is unable to accept payments by TAXI4UPay credits and credit cards. By continuing with the booking, you hereby acknowledge and agree that you accept the fixed fare.

20.1.4. Manual Key-In. You are required to manually key-in your pick-up location and destination.

20.1.5. Number Masking. Under TAXI4ULite, there will be no number masking. This means that your number will be available to the Service Providers. By continuing to confirm the booking, you hereby acknowledge that you understand and agree to this condition.

20.1.6. No TAXI4URewards Points. Any ride booked via TAXI4ULite will not be entitled to any TAXI4URewards Points.

20.1.7. No Chat Function. The chat function in TAXI4ULite will be disabled. Therefore, the only means of communication with the Service Providers will need to be conducted via calls.

20.1.8. Other Stripped Down Functionalities. As a stripped-down version of the Application, TAXI4ULite will not show the estimated time of arrival of your booking. Any promos that are running when TAXI4ULite is activated will not be eligible to be used and you will not be able to tag your ride as ‘Business ride’.

 

21. Limitation of Liability

21.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST TAXI4U BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. TAXI4U AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

21.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

21.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

21.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;OR

21.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PILOT, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE,

EVEN IF TAXI4U AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2. TAXI4U DOES NOT WARRANT AND REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PILOTS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE TAXI4U FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PILOTS INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS.

21.3. TAXI4U WILL NOT BE A PARTY TO DISPUTES, OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR AND PILOTSS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CONSUMER WITH A CURRENT CORPORATE ACCOUNT WITH TAXI4U, TAXI4U CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PILOTSS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE TAXI4U FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS, MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.

21.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PILOTSS WHO ULTIMATELY PROVIDES SUCH SOLUTION TO CONSUMERS. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

 

22. Notice

22.1. TAXI4U may give notice through the Application, electronic mail to your email address in the records of TAXI4U, or by written communication sent by registered mail or pre-paid post to your address in the record of TAXI4U. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to TAXI4U (such notice shall be deemed given when received by TAXI4U) by letter sent by courier or registered mail to TAXI4U using the contact details as provided in the Application.

 

23. Assignment

23.1. This Terms of Service as modified from time to time may not be assigned by you without the prior written approval of TAXI4U but may be assigned without your consent by TAXI4U. Any purported assignment by you in violation of this section shall be void.

 

24. Dispute Resolution

24.1. This Terms of Service shall be governed by Malaysian law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Terms of Service or the Service shall be referred to the Asian International Arbitration Centre (“AIAC”), in accordance with the Rules of the AIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and TAXI4U (the “Arbitrator”). If you and TAXI4U are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of AIAC in accordance with the Rules. The seat and venue of the arbitration shall be Kuala Lumpur, in the English language and the fees of the Arbitrator shall be borne equally by you and TAXI4U, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

 

25. Relationship

25.1. Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with TAXI4U.

 

26. Severability

26.1. If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

 

27. No Waiver

27.1. The failure of TAXI4U to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

 

28. Entire Agreement

28.1. This Agreement comprises the entire agreement between you and TAXI4U and supersedes any prior or contemporaneous negotiations or discussions.

 

29. Suspension and Termination

29.1. You agree that we may do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your Account and/or the availability of any products or services), for any reason; (ii) to modify or change any applicable policies or terms; and (ii) to interrupt the operation of the Application or any portion of the Application (including access to your Account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes. We shall not be required to compensate you for any suspension or termination.

 

30. No Third Party Rights or Assignment

This agreement does not give rights to any third parties who are not party to this Agreement.

Section B – Additional Terms

 

1. TAXI4UFood

1.1 For Consumers:

1.1.1 The Application allows you to place orders for food and beverage from Partners who are merchants which at your option when placing the order(s), may be delivered to you by an Partners who are delivery-Pilots or be made available for self pick-up (if such self pick-up option is available)  from the respective merchants during the time period as specified in the Application or otherwise communicated by TAXI4U. TAXI4U does not own, sell or resell any food and beverage items and does not control any of these Pilots or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability on the part of the Partners.

1.1.2 All food order and delivery bookings placed on the Application (“Food Order”) are treated as confirmed. You shall not be entitled to cancel a Food Order after it is confirmed. If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full regardless of whether it has been prepared by the relevant Partner. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Application or otherwise communicated by TAXI4U. Neither TAXI4U nor the Partner shall be responsible to retain the Food Order for your collection after the said period has lapsed.

1.1.3 Upon your placement of a Food Order, the relevant Partner(s) may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, TAXI4U is not involved in and will not be responsible for any such separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded  on the Platform.

1.1.4 TAXI4U and/or the relevant Partners may not process your Food Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

1.1.5 The prices of food and beverage items reflected in the Application are determined solely by the relevant Partners and are listed for information only.

1.1.6 Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the relevant Partners, be incorrectly reflected and in such an event the relevant Partners may cancel your order(s).

1.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. TAXI4U will not be liable for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. TAXI4U may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the relevant Partner(s) pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

1.1.8 The merchant Partner shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

1.1.9 You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. TAXI4U shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application.

1.1.10 After the delivery of the food and beverage items, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

1.1.11 Where you place an order for alcohol via the Application, you warrant you and any other person for whom you are placing the order for are (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) capable of understanding that consumption of alcohol may be harmful for your health (“MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”). 

1.1.12 The relevant Partner shall have the right to (i) request to be shown your ID for age verification purposes; and to, (ii) refuse to deliver any alcoholic product to any person who at the time of delivery or self pick-up (A) does not appear to be at least twenty-one (21) years old and non-Muslim or (B) cannot prove that he/she is at least twenty-one (21) years old and non-Muslim or (C) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or self pick-up and in such an event you agree that TAXI4U and the relevant Partner(s) shall not be liable to make any refund for payment already made to you. 

1.1.13 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree to solely bear the legal consequences, and agrees to indemnify, defend and hold harmless TAXI4U and the relevant Partner(s), their respective subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal TAXI4U, the relevant Partners, in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

1.2 For TAXI4UFood Merchants:

As a merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with TAXI4U, you are subject to the additional terms below. In the event of any discrepancies, conflict or inconsistencies between the terms of this Agreement and the contracts which you may have entered into with TAXI4U, the contracts shall prevail in interpretation and precedence. 

1.2.1 General Terms and Representation: 

(a) Where you are a Partner that sells alcohol beverages via the Application, you warrant that you are licensed to do so and undertake that the sale, delivery and fulfilment of a Food Order which includes alcohol beverages shall be conducted in accordance with the applicable laws and regulations as well as your licence condition(s), if any.For the avoidance of doubt, you shall be solely responsible for, and controls, the sale and fulfilment of such Food Orders. You agree that TAXI4U does not have any responsibility with respect to the legality of the transaction between Partner and the Consumers. 

(b) You agree to package all Food Order(s) appropriately for delivery by Partner, including any protection necessary to prevent tampering or damage due to any cause, including inclement weather or the nature of the alcohol items themselves; to ensure labelling as required by law, including but not limited to a statement that the package contains alcohol (if required by law) and may only be delivered to a person 21 years or older with valid proof of age and identity. 

(c) You agree that TAXI4U may, but is not obliged to, modify the hours during which alcohol items are available for purchase and delivery from Partner on the TAXI4UFood App, in accordance with applicable law and regulation as well as operational considerations of the TAXI4UFood App.  TAXI4U will use reasonable efforts to notify Partner of any such modifications.

1.2.2 Where you are a TAXI4UFood Merchant that sells alcohol beverages via the Application, you additionally warrant that: 

(i) you are not prohibited from selling alcohol under any law, regulation or religion; 

(ii) you hold all necessary licences and/or permits to sell alcohol through the Service, and shall provide a copy of such licences and/or permits and supporting documents to TAXI4U, as and when requested; and

(iii) all information and documents provided to TAXI4U are true and accurate.

1.2.3 Refunds

Where applicable, any refunds given to Consumers by TAXI4U, on behalf of the you, shall be in accordance to the Merchant’s Consumer Refund Guidelines.

1.2.4 Creation and Monitoring of Self-funded Marketing Activities

You may be able to create a campaign, participate in a promotion or place an order for advertisement(s) to be placed on the Application via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from may be varied from time to time at TAXI4U’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis..

By creating or otherwise indicating consent to participate in a Marketing Activity, you accept the following additional general conditions:

(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.

(b)Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

(c)Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Consumers. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.

(d)Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.

(e)You shall be responsible to directly handle any complaints or enquiries from Users in respect of the Marketing Activity.

(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Consumers in respect of or in connection with the Marketing Activity.

(g)Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.

(h)While we do not supervise or monitor the Marketing Activity,we reserve the rights to (but are not obliged to) cancel, suspend or otherwise vary the Marketing Activity.

(i) We may make available to you information relating to the Marketing Activity, and such information shall be considered as part of the content of the Application and is subject to Clause 1.2.7 below of this Section B.

(j) You agree to pay to TAXI4U any and all costs and expenses in connection with the Marketing Activity and the payment shall be in the manner as described under Clause 1.2.8 below of this Section B.

(k)You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.

(l) You agree that any amount payable to you by Consumers pursuant to the Marketing Activity  may be rounded in accordance with our internal policies which we may update from time to time.

1.2.5 Submission of Content or Information

We do not claim ownership of any content or information that you upload on our Application or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.

Via the Application, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumers(s) in order to facilitate the Service(s) including without limitation detail(s) of an order placed by a Consumers. You acknowledge that any such content or information may be made available in real time to end consumers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end consumers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Application or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not inappropriate, indecent, offensive, false, disparaging against TAXI4U and other parties or in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by user(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) TAXI4U is not involved in and will not be responsible for the amendments made by you, though TAXI4U reserves the right to (but is not obliged to) carry out Rectification Measure(s) (as defined below) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

1.2.5A Merchant Access to TAXI4U Platforms

Where you are a Merchant, TAXI4U may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with TAXI4U (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with TAXI4U (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that:

(a) You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.

(b) You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide TAXI4U with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, TAXI4U and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and TAXI4U and its affiliate(s) shall never be held liable in any manner for the same.

(c) All information that TAXI4U and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and TAXI4U and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information.

(d) You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and TAXI4U and its affiliates shall not be liable for any losses that you incur as a result of the same.

(e) TAXI4U reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).

1.2.6 Personal Data

Without prejudice to the foregoing, information which you have submitted to us for your registration as a merchant on our systems, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Application or in the course of carrying out Services on this Application. You hereby give your consent to such transfer and storage of information for the purposes of facilitation of your business via our systems, and to facilitate your request to use our products and services in the Application. Your use of the account and the Application may be monitored by us or a Partner to provide you with information on your business and Account. You further agree that any personal data you receive via the Application shall only be used for the direct and specific purpose for which you are provided the personal data; and shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a Consumer via the Application for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

1.2.7 Hyperlinks

You must obtain our prior written approval if you wish to link to or make use of any content on our Application. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Application for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Application (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Application must also not be framed on any other site.

1.2.8 Content of the Application

Without prejudice to any other provisions in these Terms of Service, we may vary, modify or remove any content on the Application without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Application contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) canceling orders if any information provided to or by you or Consumer(s) (whether via this Application or other related website) at the time that the Food Order is placed or amended is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Application; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Application or on any related website, should be taken to indicate that all information on the Application or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.

1.2.9 Payment Method

Notwithstanding any provisions otherwise, in order to settle any amount payable by you to TAXI4U or its affiliates (‘Amount Payable’), you authorise TAXI4U and its affiliates to directly deduct the Amount Payable from any amount receivable by you as a Partner (including without limitation your balance in the merchant wallet on the Application) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed TAXI4U or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable advance notification to you; or opt to issue an invoice for the Amount Payable where we deem appropriate.

1.2.10 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF SERVICE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) FIVE THOUSAND (RM5000.00) (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY), WHICHEVER IS LOWER.

1.2.11 Termination

Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a Merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.

 

2. TAXI4UMart

2.1 For TAXI4UMart Consumers:

2.1.1 The Application allows you to place orders for goods made available for sale on the Application (“Goods”) from Partners who are merchants;, which at your option  when placing the order(s), may be delivered to you by Partners who are Delivery-Pilots during the time period as specified in the Platform or otherwise communicated by TAXI4U. TAXI4U does not control any of these Partners or any Goods or services provided by them. You understand that any order that you place shall be subject to the Goods availability by the relevant parties and delivery location serviceability on the part of the Partners.

2.1.2 All Goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your Goods order after it has been confirmed, you remain liable to pay the applicable fee in full regardless of whether the order has been prepared or delivered by the relevant Partner.

2.1.3 Upon your successful completion of a Goods order, the relevant Partner(s) may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, TAXI4U is not involved in and will not be responsible for any separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded on the Platform.

2.1.4 TAXI4U and/or the Partner may not process your Goods Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

2.1.5 The prices of Goods reflected in the Application are determined solely by the Partner and are listed for information only.

2.1.6 Prices of Goods as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information, be incorrectly reflected and in such an event the Partner may cancel your order(s). TAXI4U shall in no event be liable for any (direct or indirect) loss arising therefrom.

2.1.7 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods may be rounded and will be set out on the check out page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promotion codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Partner(s) pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

2.1.8 Partner shall be solely responsible for any warranty in relation to, and quality of, the Goods sold to you.

2.1.9 You are responsible for ensuring that the  details entered by you in respect of the Goods Order on the Application are accurate and complete. TAXI4U shall not be liable in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application. You acknowledge that in the ordinary course of delivering the Goods, the Partners may disclose your details to the recipient. TAXI4UMart is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and TAXI4U shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of TAXI4UMart.

2.1.10 If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise. 

2.1.11 If applicable, by placing an order for alcohol from any Partner, you warrant you are at (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) you understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”. Alcohol can only be sold and delivered to persons (“Recipient”) who are (i) at least twenty-one (21) years old; and (ii)  non-Muslim as stipulated under the applicable laws and regulations. You warrant the Recipient shall be twenty-one (21) years old; and (ii)  non-Muslim upon delivery by the Partner. 

2.1.12 When using TAXI4UMart Services: (i) you may be requested to provide your / Recipient’s ID for age verification, (ii) you or any person who at the time of delivery or collection of takeaway does not appear to be at least twenty-one (21) years old and non-Muslim or cannot prove that he/she is at least twenty-one (21) years old and non-Muslim may be refused delivery of any alcoholic product  ; or (iii) any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that TAXI4U and the Partner(s) shall not be liable to make any refund for payment already made to you.

2.1.13 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree the legal consequences of ordering alcoholic product will be at your own risk and responsibility, and agrees to indemnify, defend and hold harmless TAXI4U, the Partner(s) or any of TAXI4U’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”),  from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal from TAXI4U, and the Partner(s), in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

2.2 For For TAXI4UMart Partners (Merchants): 

As a TAXI4UMart merchant, in addition to provisions applicable to Partners in general and other terms or contracts which you have entered into with TAXI4U, you are subject to the additional terms below. In the event of any discrepancies, conflict or inconsistencies between the terms of this Agreement and the contracts which you may have entered into with TAXI4U, the contracts shall prevail in interpretation and precedence.  

2.2.1 General Terms and Representation:

(a) You are a licensed seller of alcoholic beverages that wants to sell alcohol Items through TAXI4UMart App and or Service. Orders for alcohol items solicited via the TAXI4UMart App will be transmitted to you. You are responsible for the sale, and controls the transaction, including any decisions concerning acceptance or rejection of any such orders. You are responsible for, and controls, the fulfilment of such orders. You agrees that TAXI4U does not have any responsibility with respect to the legality of transactions occurring between you and the Consumers.

(b) You agree that you will package all items appropriately for delivery by the delivery Partner, including any protection necessary to prevent tampering or damage due to any cause, including inclement weather or the nature of the alcohol Items themselves; any labelling required by law, including but not limited to a statement that the package contains alcohol (if required by law) and may only be delivered to a person 21 years or older with valid proof of age and identity. 

(c) You agree that TAXI4U may modify the hours during which alcohol Items are available for purchase and delivery from TAXI4UMart Merchant on the TAXI4UMart App, in accordance with applicable law and regulation as well as operational considerations of the TAXI4UMart App.  TAXI4U will use reasonable efforts to notify you of any such modifications. 

2.2.2 You hereby warrant:

(i) that you are not otherwise prohibited from selling alcohol under any law, regulation or religion; 

(ii) that you hold all necessary licences and/or permits to sell alcohol through the Service, and shall provide a copy of such licences and/or permits and supporting documents to TAXI4U, as and when requested; 

(iii) that all information and documents provided to TAXI4U are true and accurate.

2.2.3 For Creation and Monitoring of Self-funded Campaign or Promotion

This section applies to the you (if applicable), and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and TAXI4U.

You may be able to create a campaign or participate in promotion(s) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign or promotion. In the course of such creation, you may be required to indicate information such as the type of promotion/campaignand the proposed duration for the promotion/campaign. The type of promotion/campaign which you may choose from in the Form may be varied from time to time at TAXI4U’s sole discretion.

2.2.4 Creation and Monitoring of Self-funded Campaign or Promotion

You may be able to create a campaign or participate in promotion(s) suggested by us via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign or promotion. In the course of such creation, you may be required to indicate information such as the type of promotion/campaign and the proposed duration for the promotion/campaign. The type of promotion/campaign which you may choose from in the Form may be varied from time to time at TAXI4U’s sole discretion.

By creating the campaign or participating in any promotions using our tool(s) on the Application, you accept the following additional general conditions:

(a) Where your employee(s) are submitting any information; making any offer to create a campaign, opting in or participating in any promotion suggested by us; or otherwise agreeing to provide funding for a campaign or promotion (via our Application or otherwise) to us, you warrant that your employee(s) have the authority to accept all the applicable terms on behalf of you as their employer. For the avoidance of doubt, any reference to ‘you’ in this Agreement shall also refer to your employee(s). 

(b) Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading. 

(c) Your intention to conduct campaign(s) or participate in our promotion(s)via our Application must be genuine and must not be conducted in a manner which may be misleading to the end consumers or users. You shall indemnify us in the event where we incur any losses or damages pursuant to the campaign or promotion you created via our Application. 

(d) Depending on the type of promotion/campaign elected by you, the way in which we may facilitate the promotion/campaign may differ. You agree that it is your responsibility to review any and all information made available by us on the Application for information on how each type of promotion/campaign be facilitated on our systems. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating any campaign or participating in any promotion using our Application. By creating a campaign or participating in a campaign using our Application, you irrevocably agree to the way in which we will facilitate the campaign(s) or promotion(s). 

(e) You shall be responsible to directly handle any complaints or enquiries from end users/consumers in respect of the promotion/campaign.

(f) In the event where you would like to end a promotion/campaign earlier than the duration which you have specified in the Application or if any of the item under the promotion/campaign has become out of stock prior to the expiry of the said duration, you must immediately indicate the same via our Application in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the promotion/campaign and remain responsible to handle any enquiries or complaints from end users/consumers on the same. 

(g) Notwithstanding any provision otherwise and in any event, the successful creation of the campaign or participation in our promotion using the Application does not indicate our approval that the promotion/campaign is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the promotion/campaign is, and will be conducted, in accordance with the applicable law. 

(h) While we do not supervise or monitor the campaign created by you or the promotion your participate in, we reserve the rights to (but are not obliged to) cancel the campaign or promotion. 

(i) We may make available to you information relating to the campaign or promotion, such information is considered as part of the content of the Application and is subject to Clause 4.3.6 below. 

(j) You agree to pay any and all costs and expenses in connection with any payment obligation to us (including for promo and/or campaign) in the manner as we may specify (including but not limited to deduct from your daily transaction in TAXI4U Application, to pay for your outstanding obligation). 

(k) You must notify us immediately if your Account has been used without your authorization to create a campaign or otherwise use any of the features on the Application or where any other breach of security has occurred. In such event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred under the campaign created using your Account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your Account. 

(l) You agree that any discounted price payable to you by end users/consumers pursuant to the campaign you created may be rounded in accordance with our internal policies as we may update from time to time.

2.3.1 You shall not accept any delivery item having size, dimensions or weight in excess of the below: 

• 32cm x 25cm x 12cm 

• 13 kg 

2.2.5 Submission and Variation of Content

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such licence.

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by Consumer(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a Consumer. You acknowledge that any such content or information may be made available in real time to end consumers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the Consumer(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by Consumer(s) such as an order placed by a Consumer, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected Consumer; and (2) TAXI4U is not involved in and will not be responsible for the amendments made by you, though TAXI4U reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

2.2.6 Merchant Access to TAXI4U Platforms

Where you are a Merchant, TAXI4U may allow you to access, view, retrieve, disclose, manage and/or otherwise use (“Use”) information relating to the Service, Solutions and/or other confidential details of your business or relationship with TAXI4U (“Business Information”) via a user account(s) on the Platform(s) (“Account(s)”) as well as to enable other person(s), be it a natural or legal person, authorized by you, your personnel via email correspondence or otherwise confirmed in accordance with the provisions of the separate agreement that you have entered into with TAXI4U (“Merchant Authorized User(s)”), to Use the same via separate Account(s). In such an event, you agree that: 

1. You shall ensure that yourself and each Merchant Authorized User accept and comply with any and all terms, guidelines and policies that are applicable to access or use of the Account(s) and the relevant Platform(s), which may be updated from time to time. This includes without limitation the provisions made available herein, which the Merchant Authorized Users shall comply with as if they are ‘you’.  
2. You are solely responsible to ensure that each Merchant Authorized User has the necessary rights to Use the Business Information; and shall provide TAXI4U with a written notice at least thirty (30) days prior to the termination or expiry of your relationship with the Merchant Authorized User(s); or where any Use by the Merchant Authorized User(s) shall be terminated or suspended for any reason(s). Without prejudice to any other provisions, you acknowledge that pursuant to operational or technical limitations, TAXI4U and/or its affiliate(s) may not be able to terminate or suspend the Merchant Authorized User’s Use in time, in which case, you shall prohibit the Merchant Authorized User(s) from continuing to Use the Account, Business Information, Platform or any part thereof by other means; and TAXI4U and its affiliate(s) shall never be held liable in any manner for the same. 
3. All information that TAXI4U and its affiliate(s) makes available, including without limitation the Business Information, are on an “as is” basis and TAXI4U and its affiliate(s) do not give any warranties or representations (express or implied, and whether on their own behalf or that of their respective directors, officers, employees, agents or advisers) with regard to the accuracy, quality, timeliness, reliability or completeness of the same. You are responsible to make your own evaluation of the information. 
4. You are solely responsible for each Merchant Authorized User’s Account(s) as well as their respective Use of the Business Information, Account(s) and the Platform(s); and TAXI4U and its affiliates shall not be liable for any losses that you incur as a result of the same. 
5. TAXI4U reserves the right, but is not obliged, to require you to provide information on your relationship with each Merchant Authorized User; and to, at its sole absolute discretion, impose additional conditions for the Use or the Platform(s), such as a requirement that an additional fee be paid for the Use, Platform(s) or any part thereof; or terminate or suspend any Merchant Authorized User’s access to the Account(s) and/or Platform(s).

2.3 For TAXI4UMart Partners (Delivery-Pilot):

2.3.1. Unless otherwise agreed, you shall not accept any delivery item having size, dimensions or weight in excess of the below:

• 38cm x 27cm x 30cm
• 5 kg

2.3.2 You agree that in the event of failed delivery (wherein either the address provided by consumer is incorrect or the consumer is unable and/or refuse and/or uncontactable to accept the Goods) and returned Goods, you are responsible to deliver/return the Goods back to the Merchant/Store to which the Goods was handed over to you or to leave the Goods at the premises of the Consumer, subject to confirmation and direction from representative of Customer Experience. 

2.3.3 You undertake to be cautious in dealing with the Goods and to use best endeavor to ensure that the Goods are delivered safely, in the exact manner to which it was handed over to you by the Partner. 

2.3.4 You agree that you will cooperate in relation to any criminal investigation that is required and to assist TAXI4U in complying with any internal investigations, instructions from the authorities or requirements of prevailing laws or regulations in place.

2.3.5 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any Consumer, TAXI4U or any third party as a result of any breach of these Terms of Service.

3. TAXI4UExpress

3.1 For TAXI4UExpress Partners:

3.1.1 You shall not accept any delivery item having size, dimensions or weight in excess of the below:

For TAXI4UExpress Bike (Same Day)

Not more than 30cm x 30cm x 10cm in size

Not more than 15kg in weight

For TAXI4UExpress Bike (Instant)

Not more than 43cm x 43cm x 43cm in size

Not more than 10kg in weight

For TAXI4UExpress Car

Not more than 50cm x 50cm x 100cm in size

Not more than 50kg in weight

For TAXI4UExpress MPV

Not more than 80cm x 80cm x 100cm in size

Not more than 100kg in weight

3.1.2 You shall not accept any delivery item containing or which you believe may contain any of the below items:

• Fragile items (including flowers, cakes) that does not have proper and protective packaging
• Perishable items
• Hazardous, explosive, flammable and unsafe items (including power banks)
• Valuable items and documents (e.g. cash, passport, or other official identification documents)
• Credit or debit cards
• Illegal substances, including but not limited to narcotic substances, alcohol or cigarettes
• Live animals and plants
• Any unpacked / loose items that can easily be damaged in transit
• Counterfeit goods
• Animals (live or otherwise)
• Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones
• Real or imitation weapons including firearms or parts thereof, explosives or ammunition
• Human remains or body parts
• Pornographic material
• Non-food item below 2kg in weight, if you are located outside of Klang Valley (which includes Selangor, Kuala Lumpur and Putrajaya)

3.1.3 You agree that you will cooperate in relation to any criminal investigation that is required and to assist TAXI4U in complying with any internal investigations, whether criminal or civil in nature and or, instructions from the authorities or requirements of prevailing laws or regulations in place.

3.1.4 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, any Consumer, TAXI4U or any third party (‘Aggrieved Party”) as a result of any breach of these Terms of Service. You further agree, any damages and /or losses incurred by the Aggrieved Party due to your actions or inactions, you shall compensate the Aggrieved Party any such damages and / or losses accordingly. TAXI4U shall not be responsible for any discussions, negotiations or arrangement between yourself and Consumers or any third party.

3.2 For TAXI4UExpress Consumers:

3.2.1 You shall not send any delivery item containing any of the following:

• Fragile items (including flowers, cakes) that does not have proper and protective packaging
• Perishable items
• Hazardous, explosive, flammable and unsafe items (including power banks)
• Valuable items and documents (e.g. cash, passport, birth certificate)
• Credit or debit cards
• Illegal substances, including but not limited to narcotic substances, alcohol or cigarettes
• Live animals and plants
• Any unpacked / loose items that can be easily damaged in transit
• Counterfeit goods
• Animals (live or otherwise)
• Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones
• Real or imitation weapons including firearms or parts thereof, explosives or ammunition
• Human remains or body parts
• Pornographic material
• Non-food item below 2kg in weight, if you are located outside of Klang Valley (which includes Selangor, Kuala Lumpur and Putrajaya)
• You shall not send any delivery item having size, dimensions or weight in excess of the below:

For TAXI4UExpress Bike (Same Day)

Not more than 30cm x 30cm x 10cm in size

Not more than 15kg in weight

For TAXI4UExpress Bike (Instant)

Not more than 43cm x 43cm x 43cm in size

Not more than 10kg in weight

For TAXI4UExpress Car

Not more than 50cm x 50cm x 100cm in size

Not more than 50kg in weight

For TAXI4UExpress MPV

Not more than 80cm x 80cm x 100cm in size

Not more than 100kg in weight

3.2.2 You represent and warrant that you are either the owner or authorised representative of the owner of the delivery item, and that you are authorised to accept and you accept these Terms of Service for yourself or as a representative acting for and on behalf of the owner of the delivery item.

3.2.3 You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. TAXI4U shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application.

3.2.4 You represent and warrant that you are duly authorised by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to TAXI4U and the Partner (whether by way of your entering such details on the Application or otherwise).

3.2.5 You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Partner of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.

3.2.6 You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances; (h) prohibited based on the provisions stipulated in the ASEAN Framework Agreement On The Facilitation Of Goods In Transit (including Protocol 9); and/or (i) regulated by other relevant authorities.

3.2.7 TAXI4U and/or the Partner has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and TAXI4U and/or Partner has the right to refuse the receipt and delivery of such delivery item.

3.2.8 You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.

3.2.9 After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).

3.2.10 As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Partner arrives at the designated delivery location. TAXI4U and the Partner will have the right to not proceed with your booking in the following circumstances:

(a) where the requested delivery location falls outside the delivery zone offered on the Application;

(b) failure to contact you by phone or other means at the time of confirming the order booking;

(c) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or

(d) the recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Partner arrives at the designated delivery location.

3.2.11 Partner have the right to refuse delivery if the delivery item falls within the categories listed at paragraph 3.2.1 above.

3.2.12 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Partner, TAXI4U or any third party as a result of any breach of the Terms of Service.

3.2.13 You shall ensure that you have chosen the appropriate service/vehicle type and purchased the appropriate insurance coverage and protection for your delivery. TAXI4U shall not be liable for any direct or indirect loss and or damages arising from your failure to comply with TAXI4UExpress guidelines.

3.2.14 Delivery Guarantee provides compensation for your TAXI4UExpress delivery items in cases of losses or damages, provided you have complied with the terms & conditions listed above. By default, all TAXI4UExpress deliveries booked through the app are covered with the Basic tier as part of your platform fee. You have an option to choose to upgrade to a higher tier, for an additional fee.

Basic: included as part of the platform fee for up to RM1,000 in compensation

Standard: RM0.80 for up to RM3,000 in compensation

Premium: RM1.30 for up to RM6,000 in compensation

Delivery Guarantee only applies to app bookings. For web booking, the default coverage is up to RM500.

 

 

4. TAXI4U for Business

4.1 Provision of Services

4.1.1  Access to Services:

This section applies to you if you are a corporate Consumer (“Corporate User”) and sets out the terms under which you may utilise the TAXI4U for Business Portal (“Portal”) in conjunction with the Solutions accessed by you or your authorised Consumer (“Authorised User”) through the Application or the Platform. Your and your Authorised Users’ use of the Application and Solutions are subject to the applicable terms in these Terms of Service. The Terms of Service and this section applies to you upon your completion of the account sign-up page on https://www.taxi4u.my, and constitute a binding agreement between you and TAXI4U. In the event of any conflict in the terms under this section and the rest of these Terms of Service, the terms in this section shall prevail to the extent that such inconsistency relates to TAXI4U for Business.

4.1.2 After verification and acceptance by TAXI4U, TAXI4U will establish a Corporate User Account for you in accordance to your preferred mode of payment of charges incurred by Authorised Users for the Solutions, be it (1) Corporate Billing (as defined below), (ii) reimbursement, or (iii) corporate credit card billing. Using your Corporate User Account, you may permit Authorised Users with an Active Account (as defined below) to pay for Solutions using Corporate Billing (as defined below). You acknowledge that Authorised Users employing Corporate Billing will be incurring User Charges to your Corporate User Account and not to the Authorised User’s personal account or credit card. You agree to pay all User Charges incurred under Corporate Billing, as well as any applicable fees incurred by Authorised Users in using the Solutions, in accordance with the terms and conditions herein. “Corporate Billing” means the enterprise billing and payment process for the Service provided by TAXI4U or its Affiliates to you hereunder for User Charges, whereby you make payment at the agreed date via your designated payment method under the TAXI4UPay Terms of Use, subject to a monthly statement made available by TAXI4U to you on a monthly basis.

4.2 Active Account Required

4.2.1 You acknowledge and agree that before an Authorised User is authorised, and before the Authorised User can access the TAXI4U for Business’s functionalities relating to the Service pursuant to this Agreement (“Proposed User”), such Proposed User must (i) download and install the Application on a compatible mobile device, (ii) register for and maintain an active personal user account (“Active Account“) until the Corporate User Account is terminated. The Proposed User’s registration requires the entry of personal data and may require a personal credit card number or any other payment method authorised by TAXI4U. The Proposed User must also confirm the mobile number provided during the registration process. TAXI4U’s use of any personal data and credit card or other authorised payment method information to establish an Active Account shall be as set forth in the Privacy Policy.

4.2.2 You acknowledge that certain Proposed or Authorised Users may be suspended or banned from use of the Service due to future or past violations of the Terms of Service, and that TAXI4U shall have no obligation or liability related to a Proposed or Authorised User that is unable to obtain or maintain an Active Account for the purposes of Corporate Billing due to such violations.

4.3 User Account Linking

4.3.1 To enable TAXI4U for Business features for a Proposed User with an Active Account, you shall provide TAXI4U with (i) such Active Account holder’s full name, (ii) the Active Account holder’s company email address on the top level domain of Corporate User (e.g., name@companydomain.com), and (iii) other identifying information about the Active Account holder as reasonably requested by TAXI4U (“Linking Data“). TAXI4U will use the Linking Data provided for the purpose of authenticating the identified Active Account holder and linking such Active Account with the TAXI4U for Business account to establish the Active Account holder as an Authorised User, and verifying the status of such Authorised User from time to time during the term of this Agreement. All Proposed Users invited to enable TAXI4U for Business features will receive an email to the email address in the Linking Data with instructions for linking their individual Active Account with Corporate User Account for Corporate Billing. Upon the linking of the Corporate User Account to an Active Account and where Corporate Billing apples, such Proposed User shall be provided the option, on a ride by ride basis, to apply User Charges to your Corporate User Account via the Corporate Billing option.

4.3.2 You acknowledge that the verification and linking described above will require TAXI4U to contact each such Proposed User using the Linking Data, and by providing Linking Data, you confirm that you have obtained all necessary consents from each Proposed User for TAXI4U to contact such Proposed User for the purpose of implementing the TAXI4U for Business account in the applicable Active Account. You shall ensure that Linking Data provided to TAXI4U is accurate and complete, and TAXI4U shall not be liable to you, an Authorised User, a Proposed User or any other party with respect to inaccurate or incomplete Linking Data supplied by you.

4.3.3 You agree to (i) notify each Proposed User that by linking Proposed User’s personal Active Account with your Corporate User Account for TAXI4U for Business that TAXI4U will provide you with detailed trip/ booking information for the rides or other bookings charged to your account, and (ii) obtain any necessary consent from each Authorised User for TAXI4U to share detailed trip/booking information with you.

4.3.4 An Authorised User’s personal account may be unlinked from your account and the Corporate Billing option at any time by (i) you unlinking the Authorised User through the Portal.

4.4 Responsibility for User Account Activity

You agree that (a) you are responsible for all User Charges incurred by Authorised Users on a then-current Authorised User list regardless of whether such User Charge was authorised between Authorised User and you and (b) User Charges may be subject to price changes at any time, including, without limitation, occasional increases during surge periods and other amounts as further described in the Terms of Service. Further, you agree that TAXI4U shall not be responsible for User Charges incurred by an Authorised User after you have attempted removal of such Authorised User from the Corporate Billing option to the extent you provide incomplete or inaccurate Authorised User removal information via the Portal. Finally, as between you and TAXI4U, you shall be responsible for the User Charges incurred due to fraudulent or other prohibited activity on the part of Authorised User’s use of Corporate Billing for the Service. You shall notify TAXI4U promptly upon discovery of fraudulent or prohibited activity occurring under your account.

4.5 Restrictions

You agree to, and to cause all Authorised Users to, use the Service and Application solely as set forth in this Terms of Service. TAXI4U reserves the right to suspend participation in Corporate Billing to you and/or any Authorised Users for violations of these Terms of Service. In the event that an Authorised User’s Active Account is suspended or terminated pursuant to these Terms of Service, such Authorised User’s access to Corporate Billing shall also be suspended. Corporate User shall not, and shall not authorise others to, (a) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code or underlying technology, methodologies or algorithms of the Service or Application, except to the extent allowed by applicable law, (b) sublicense, lease, rent, sell, give, or otherwise transfer or provide the Service or Application to any unaffiliated third party, (c) upcharge, increase or otherwise modify the User Charges as calculated through the Application for any usage of the Service or (d) impose any additional fees or charges on an Authorised User related to use of the Service. TAXI4U reserves all rights not expressly granted to you or Authorised Users under these Terms of Service.

4.6 Account Administration

4.6.1 TAXI4U for Business Portal

You will be provided with access to the Portal. TAXI4U’s primary contact with you shall be by way of your appointed administrator set forth on the account creation form associated with this Agreement (“Company Admin“).The Portal mayenable you to (a) view a current list of all Proposed Users who have been invited, and Authorised Users who have been linked, (b) provide additional Linking Data to invite additional Proposed Users, (c) revoke any Authorised User’s access to Corporate Billing (d) view relevant trip/booking information as determined by TAXI4U from time to time (“Portal Data“) and prepare and review activity reports using Portal Data, (e) disable all current Authorised Users from using Corporate Billing Methods, (f) manage and update the on file, (g) view current, appoint new, and remove Company Admins. You agree to use Portal Data solely for legitimate business purposes including, but not limited to, business expense processing, accounting, and budgeting purposes. TAXI4U reserves the right to add, remove and update features and functionality of the TAXI4U for Business Portal at any time without any notice to you.

4.6.2 Administration

You may appoint additional Company Admins at your discretion, and TAXI4U will provide the necessary Portal login credentials to you. You agree to (a) maintain all Portal login credentials in confidence, (b) only permit the lead Company Admins and your other authorised company administrators to access the Portal, and (c) update all information of the lead Company Admin and other authorised administrators to ensure that it is current, accurate, and complete. You shall limit access to Portal Data to only those personnel who have a legitimate business need to access such Portal Data. You shall be responsible for all activities that occur under your Portal login credentials including keeping and maintaining an accurate list of current Authorised Users entitled to access Corporate Billing methods via the Portal. TAXI4U may review the current list of Authorised Users from time to time via the Portal to maintain and support the Application and Service and ensure compliance with the Terms of Service.

4.7 Fees and Payments

4.7.1 Fees

In consideration of the provision of the Solution and Platform provided by TAXI4U, including Corporate Billing, TAXI4U may charge a service or portal fee, including fees for additional services on the GFB portal (the “Fees”) as determined by TAXI4U from time to time, and agreed to by you, in writing (including electronic mail). You shall pay to TAXI4U all User Charges and the Feeson the terms set forth below.

4.7.2 Payment Terms

Subject to terms and conditions determined by TAXI4U in its sole discretion, you will be able to access monthly reports (each, a “Monthly Report“) for User Charges incurred by Authorise Users utilising Corporate Billing during the preceding month (“Monthly Billing“). If you qualify for and elect to participate in Monthly Billing through the Portal, User Charges and Fees shall be billed to you monthly as set forth in the Monthly Report, and each such Monthly Report shall be payable in full by you within thirty (30) days from the date of such Monthly Report.

If you have not enabled Corporate Billing and instead you have opted for a Reimbursement or corporate credit card method of payment, TAXI4U shall charge the Authorised User for User Charges at the end of each Authorised User’s trip/ bookingon a per trip/booking charge basis via the payment methods selected by the Authorised User.

Fees

All Fees shall be exclusive of Value Added Tax (VAT). VAT includes Goods and Services Tax (GST) and/or similar sales taxes. If VAT is chargeable on any Fees, you shall pay the VAT amount to TAXI4U when making payment of the Fees. Fees paid shall be paid free of any deduction for withholding tax (if applicable).

User Charges

Unless otherwise indicated on an Authorised User receipt, all payments made pursuant to this Terms of Service are exclusive of applicable taxes, and you agree to be responsible for the payment of any such taxes assessed on such User Charges Fees, including VAT. You agree to provide information that TAXI4U may reasonably request in order for TAXI4U to be able to comply with its tax reporting obligations including, but not limited to, your registered company name, billing address, tax number (where applicable) and any other evidence that TAXI4U may require that you are a business conducting an economic activity. If you are participating in Monthly Billing, the Monthly Report will indicate Fees in the currency applicable to the place of incorporation only. If you are not participating in Monthly Billing, all payments shall be processed in the local currency applicable to the geography of the Authorised User’s applicable ride. All payments are non-refundable unless otherwise stated.

For the purpose of clarity, all payments shall be made by you to the TAXI4U entity that is stated in the TAXI4U for Business account sign-up page on https://www.taxi4u.my.

4.7.3 Nonpayment

TAXI4U reserves the right to immediately suspend your account and suspend any or all Corporate Billing by all Authorised Users in the event of any unpaid User Charges and/or Fees by you due to past due Monthly Reports (as applicable), an invalid credit on your Corporate User account, or a rejected transaction. TAXI4U further reserves the right to pursue any and all remedies available to it under applicable law, including reporting you to applicable credit reporting agencies, in the event of any unpaid User Charger and/or Fees hereunder. Re-establishing your account after full payment of late User Charges and/or Fees shall be at TAXI4U’s sole discretion. All late payments shall bear interest at 2% per month or the maximum allowed by applicable law.

4.8 Term and Termination

4.8.1 These terms shall apply from the date of your Corporate User Account creation and shall remain in effect until it is terminated.

4.8.2 Either you or TAXI4U may terminate this agreement with or without cause upon 30 days’ advance written notice to the other party. All outstanding payment obligations and paragraphs 4.7 to 4.13 of this section shall survive such termination.

4.9 Warranties and Disclaimer of Liability

4.9.1 You represent and warrant that (a) you have the full right, power and authority to enter to this agreement, and that (b) your acceptance of these Terms of Service and performance of your obligations herein does not and will not violate any other agreement to which you are party to.

4.9.2 You further represent and warrant that: (a) you have all rights and permissions necessary to provide TAXI4U with the Linking Data and any other information provided to TAXI4U hereunder in connection with the Service and Corporate Billing; (b) you have obtained legally-adequate consent from Proposed Users and Authorised Users as necessary to provide TAXI4U with any personal data in connection with the Service and corporate payment methods including Corporate Billing, (c) you have notified, and obtained legally adequate consent from, Proposed Users and Authorised Users that TAXI4U will provide you with detailed trip/booking information for the rides or other bookings charged to your account, and (d) you are in compliance, and shall remain in compliance during the Term, with all applicable local, city, state, federal, national, and international laws, rules and regulations relating to data protection, privacy, identity theft, data breach, consumer protection, and data security, and any applicable industry standards relating to privacy and data security.

4.9.3 OTHER THAN WITH RESPECT TO A BREACH OF CONFIDENTIALITY OR DATA PRIVACY, (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF BUSINESS OR PROFITS, SUFFERED BY THE OTHER PARTY OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF TAXI4U OR CORPORATE USER (OR THEIR AGENTS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY DIRECT DAMAGES IN AN AMOUNT EXCEEDING THE GREATER OF (I) TEN THOUSAND SINGAPORE DOLLARS (SGD10,000) (OR LOCAL CURRENCY EQUIVALENT THEREOF), AND (II) THE TOTAL FEES PAID OR PAYABLE BY YOU TO TAXI4U HEREUNDER.

4.10 Proprietary Rights

4.10.1 No Publicity

Neither party may use or reference the other party’s name, logo, trademarks or service marks in a press release or otherwise without the prior consent of such other party in each instance.

4.10.2 Ownership

TAXI4U and its affiliate companies are and shall remain the owners of all right, title and interest in and to the Service, Application and Portal including any updates, enhancements and new versions thereof, and all related documentation and materials provided or available to you or any Proposed User or Authorised User in connection with these Terms of Service.

4.10.3 TAXI4U grants a limited, non-exclusive, non-transferable, revocable, royalty-free licence in Malaysia for the duration of your Corporate User Account, subject to the licence restrictions set out in clause 4.10.4 and the other terms in this Agreement, to use the TAXI4U Geo Data for the purposes of accessing and viewing of the Transaction Records for your internal business purposes.

For the purposes of this clause 4.10.3:

“Transaction Records” means the transaction records of Authorised Users who utilise TAXI4U’s Solutions  and which Authorised Users shall be permitted to view, retain and retrieve, in such form as determined by TAXI4U in its sole discretion. 

“TAXI4U Geo Data” any geolocation data including but not limited to any aggregated or point of interest data, address, distance, and place name made accessible to you by TAXI4U to you relating to the Authorised User’s access of the Solutions. 

4.10.4 You and Authorised Users shall:

(a) not use the TAXI4U POI Data for any purpose not permitted under this Agreement or in any manner contrary to any law or regulation or any regulatory code, guidance or request; and

(b) not extract, export, scrape, utilise, use, exploit, distribute, redistribute, disseminate, copy or store the TAXI4U Geo Data or Transaction Records for any purpose not expressly permitted by this Agreement; and

(c) at any time within 10 days of request from TAXI4U or upon the termination or expiry of this Agreement, destroy and purge from all its internal and backup systems any and all TAXI4U Geo Data (including any extracts and copies thereof), save that Transaction Records may be retained solely for carrying out the purposes stated in 4.10.3.

4.11 Force Majeure

Non-performance of either party of any obligations hereunder shall be excused to the extent and during the period that performance is rendered impossible by strike, fire, flood, earthquakes, governmental acts or orders or restrictions, failure of suppliers, or contractors, or any other reason where failure to perform is beyond the reasonable control and not caused by the negligence of the non-performing party.

4.12 Assignment

Notwithstanding anything contained in this Agreement, either party may assign this Agreement without the consent but with notice to the other party in connection with a merger or a sale of all of the equity or assets of said party. Subject to the foregoing, this Agreement shall be binding upon all successors and assigns of a party.

4.13 Legal Fees

In any legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs of proceedings incurred in enforcing this agreement.

5. TAXI4UBike

5.1 For Consumers:

5.1.1 The Application allows for the User to use the TAXI4UBike service, via a Partner using a two wheeled powered motorbike to pick up the User from the pick-up location to the User specific destination.

5.1.2 Consumers are prohibited from carrying items that are prohibited or that are not in accordance with the applicable laws and regulations, including but not limited to illegal, or dangerous items such as narcotics, illegal drugs or hazardous materials.

5.1.3 Consumers shall not carry a backpack that has the dimension more than 56 x 36 x 20 cm.

5.1.4 Consumers are responsible for their own safety. User agrees to wear the necessary safety gear and appropriate clothing (including helmet, shoes) in order to mitigate/reduce any personal injury. Consumers agree to use the helmet as provided by TAXI4U and Partner.

5.1.5 Consumers shall not use the TAXI4UBike services to send goods or instant couriers.

5.1.6 Consumers agree to be the only passenger to use and ride the TAXI4UBike services.

5.1.7 Consumers agree to not instruct, request or offer to pay the Partner to send the User outside of Klang Valley area.

5.1.8 Consumers shall not smoke or drink any alcohol during the ride or on TAXI4UBike services.

5.2 For Partner:

5.2.1 Obey all applicable laws and regulations (including those related to traffic, road safety and parking, as determined by Malaysian laws).

5.2.2 Shall only provide the TAXI4UBike services within Klang Valley area.

5.2.3 The Partner agrees TAXI4U shall not be liable for any traffic offences, breach of any applicable laws by the Partner.

5.2.4 Shall not park (or leave unattended or abandon) the motorbike in any area, space or manner that may contravene any applicable laws and or regulations.

5.2.5 Shall not park: (i) in any private spaces (private property) or any public restricted areas; (ii) on public footways and public roads (iii) in a manner that obstructs entrances, exits, roads, paths.

5.2.6 Shall only carry one passenger at any given time. The Partner has the right to reject or cancel the Consumer’s TAXI4UBike service in the event (i) the Partner is aware that the number of Users on the TAXI4UBike service will exceed one passenger during the ride  or (ii) in the event, the Consumer is carrying more than one bagpack, as listed in clause 

5.2.7 The Partner acknowledge that it is prohibited from carrying, possessing and/or distributing prohibited items, including illegal drugs and intoxicating materials.

6. TAXI4UGifts for Consumers

6.1 This section applies to Consumers’’ purchase and use of digital gift cards (“TAXI4UGifts”) on the Platform. 

Purchasing TAXI4UGifts

6.2 You must have a valid TAXI4U account to purchase TAXI4UGifts. If you are sending TAXI4UGifts, your intended recipient will be able to view your TAXI4U account username.

6.3 Payment shall be made using any of the payment methods made available by TAXI4U.

6.4 All TAXI4UGifts purchases are final and cannot be cancelled or exchanged by you.

6.5 TAXI4U reserves the right to decline to process or accept any TAXI4UGifts purchase. You will receive a refund if TAXI4U cancels a TAXI4UGifts purchase. TAXI4U will not be liable for any losses howsoever arising out of TAXI4U’s declining or cancellation of a TAXI4UGifts purchase.

Using TAXI4UGifts

6.6 You must have a valid TAXI4U account in order to receive and redeem TAXI4UGifts. TAXI4U will not be liable for any delay in sending, transmission or receipt of TAXI4UGifts.

6.7 Redemption and usage of TAXI4UGifts is subject to the usage restrictions stipulated for each TAXI4UGift, including:

• the type of TAXI4U offering or merchant(s) for which the TAXI4UGifts may be redeemed;
• the type of TAXI4U offerings for which the TAXI4UGifts may be redeemed;
• the country in which the TAXI4UGifts may be redeemed;
• expiry date; and
• any other restrictions as may be notified by TAXI4U.

6.8 TAXI4UGifts may only be redeemed in the TAXI4U Application. Consumers should ensure that they have downloaded the latest version of the TAXI4U Application.

6.9 TAXI4U will not replace, exchange or refund any TAXI4UGifts that has expired.

6.10 TAXI4UGifts cannot be transferred to another TAXI4U account.

6.11 Each TAXI4UGifts may only be redeemed once. Any unutilized TAXI4UGifts amount will be forfeited. If your transaction value exceeds the TAXI4UGifts value, you will be required to top-up the shortfall. TAXI4UGifts may not be applied towards TAXI4U platform fees.

6.12 TAXI4U is not responsible for, and makes no warranty in relation to, the quality of the products and/or solutions for which the TAXI4UGifts are redeemed.

6.13 TAXI4UGifts cannot be used in conjunction with other promotions or discounts, unless otherwise stated.

6.14 TAXI4U will not be responsible or liable for any TAXI4UGifts sold by any third party. 

6.15 TAXI4UGifts cannot be exchanged for cash.

6.16 TAXI4U may take any action for illegal or fraudulent usage of TAXI4UGifts, including suspending or terminating your TAXI4U account and cancelling the TAXI4UGifts without reimbursement.

7. TAXI4USupermarket

7.1 For TAXI4USupermarket Consumers

7.1.1 The Application allows you to place orders for goods made available for sale on the Application (“Goods”) which are operated and sold by TAXI4U, which at your option when placing the order(s), may be delivered to you by Partners who are delivery-pilots during the time period as specified in the Platform or otherwise communicated by TAXI4U. TAXI4U does not control any of these Partners or the services provided by them. You understand that any order that you place shall be subject to the Goods availability by the relevant parties and delivery location serviceability on the part of the Partners.

7.1.2 All Goods order and delivery bookings placed on the Application are treated as confirmed. You shall not be entitled to cancel your booking once you have received a confirmation. If you cancel your Goods order after it has been confirmed, you remain liable to pay the applicable fee in full regardless of whether the order has been prepared or delivered by the relevant Partner.

7.1.3 Upon your successful completion of a Goods order, the relevant Partner(s) may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, TAXI4U is not involved in and will not be responsible for any separate arrangement between you and the Partner(s) where such arrangement is not confirmed and recorded on the Platform.

7.1.4 TAXI4U, and/or the Partner may not process your Goods Order in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, if the requested delivery location falls outside the delivery zone offered in the Application, or unavailability of items ordered.

7.1.5 The prices of Goods reflected in the Application are determined solely by TAXI4U and are listed for information only. TAXI4U reserves the right to determine the prices of Goods on TAXI4USupermarket.

7.1.6 Prices of Goods as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information, be incorrectly reflected and in such an event the TAXI4U may cancel your order(s). TAXI4U shall in no event be liable for any (direct or indirect) loss arising therefrom.

7.1.7 Pictures of Goods are provided on the Platform for illustration purposes only. TAXI4U has acted on best effort basis to display the photo as accurately as possible and to reflect the colours and images of the Goods. Some images for the Goods may be outdated and we cannot guarantee that your device display of the colour would be accurate. Fresh produce may vary from photo as such products are never identical even when they are sourced from the same supplier or are of the same variety.

7.1.8 If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout at the booking checkout stage of the Goods Order. All promotion codes and discounts are subject to their specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted Goods may be rounded and will be set out on the checkout page for your booking. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any direct or indirect losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promotion codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. As a result of arrangements or agreements between you and the Partner(s) pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.

7.1.9 All Goods sold on TAXI4USupermarket are sold as is and are not repackaged, re-assembled or modified in any way, shape or form. The Goods are pre- packed, assembled, modified supplied from various distributors, manufacturers or wholesalers.

7.1.10 You are responsible for ensuring that the details entered by you in respect of the Goods Order on the Application are accurate and complete. TAXI4U shall not be liable in the event of late delivery or non-delivery of Goods that you order by reason of erroneous delivery details entered by you on the Application. You acknowledge that in the ordinary course of delivering the Goods, the Third-Party Providers may disclose your details to the recipient. TAXI4USupermarket is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of the recipient and TAXI4U shall not be liable or responsible for any (direct or indirect) losses suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of TAXI4USupermarket.

7.1.11 If you or the intended recipient of the Goods are not at the designated delivery location, the Partner may leave your order unattended on or in front of the premises of the designated delivery location and the Goods shall be deemed to have been delivered. After the delivery of the Goods, you shall solely be liable for demurrage or loss, damage, contamination, soiling or degradation of the Goods (including but not limited to containers and packaging) whether caused directly or indirectly by you or any person acting on your behalf or otherwise. 

7.1.12 If applicable, by placing an order for alcohol, you warrant you are at (i) at least twenty-one (21) years old; (ii) non-Muslim; and (iii) you understand the following: “MEMINUM ARAK BOLEH MEMBAHAYAKAN KESIHATAN”. Alcohol can only be sold and delivered to persons (“Recipient”) who are (i) at least twenty-one (21) years old; and (ii) non-Muslim as stipulated under the applicable laws and regulations. You warrant the Recipient shall be twenty-one (21) years old; and (ii) non-Muslim upon delivery by the Partner. 

7.1.13 When using the TAXI4USupermarket Services: (i) you may be requested to provide your / Recipient’s ID for age verification, (ii) you or any person who at the time of delivery or collection of takeaway does not appear to be at least twenty-one (21) years old and non-Muslim or cannot prove that he/she is at least twenty-one (21) years old and non-Muslim may be refused delivery of any alcoholic product; or (iii) any person who is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that TAXI4U and the Partner(s) shall not be liable to make any refund for payment already made to you.

7.1.14 In the event you are under twenty-one (21) years old and non-Muslim, you hereby agree the legal consequences will be at your own risk and responsibility, and agree to indemnify, defend and hold harmless TAXI4U and the Partner(s), or any of TAXI4U’s third party service providers, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners (“Indemnified Party”), from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to any action in attempting to deceive, manipulate, conceal from TAXI4U and the Partner(s), in relation to inaccuracy or breach of its representations, and/or its beach of any law or any rights of a third party, including but not limited to the aforementioned minimum age limit.

7.1.15. TAXI4U shall not be responsible for any promises or claims concerning the Goods which are not made by us, our employees or agents. 

7.1.16 TAXI4U reserves the right, but not obligated, to limit the sales of our Goods and or Services to any person, geographic region or jurisdiction. TAXI4U may exercise this right on a case by case basis. TAXI4U reserves the right to limit the quantities of any Goods and or Services that we may offer.

7.1.17 All descriptions of Goods or Goods pricing are subjected to changes at any time without notice.

7.2 For TAXI4USuperMarket Partners (Delivery-Pilots):

7.2.1 Unless otherwise agreed, you shall not accept any delivery item having size, dimensions or weight in excess of the below:

• 38cm x 27cm x 30cm
• 5 kg 

8. Intercity

 

8.1 This Application allows you to purchase tickets including but not limited to bus tickets, train tickets, ferry tickets and such tickets as notified by TAXI4U (collectively “Tickets” or, each a “Ticket”) by a passenger from Third Party Providers on the Application.

8.2 Before purchasing any Tickets, you must carefully read all relevant terms and conditions and policies pertaining to the use of the Application including but not limited to Terms of Policies, Terms of Service: Payment and Rewards and Privacy Policy found at https://www.taxi4u.my/ (collectively referred to as “TAXI4U’s Terms and Policies”). By purchasing the Tickets, you agree to be bound by TAXI4U’s Terms and Policies and any amendments to the foregoing issued by us from time to time. If you do not agree to TAXI4U’s Terms and Policies, you are advised not to purchase any Tickets and access and/or use this Application.

8.3 Purchase of Tickets & Payment

8.3.1 All Tickets available on the Application is offered based on a “first come first serve” and on an “as is” basis. We may make reasonable efforts to furnish the details of Third-Party Providers including but not limited to the seating plan and/or onboard facilities (“transportation details”) to you. However, TAXI4U shall not be held liable and responsible if any details received from the Third Party Providers is inaccurate or is not up to date as a result of a change of transportation details by the Third Party Providers.

8.3.2 Ticket booking may result in failure if the booking is made less than 72 hours from the scheduled departure time. In such an event, any payment to TAXI4U will be refunded to you accordingly.

8.3.3 All prices shown at the Trip Details page on the Application constitute the final purchase price of the Tickets. The breakdown of the prices will be listed subject to TAXI4U’s discretion.

8.3.4 Under exceptional circumstances, you are required to settle the payment (fully or partly) with the Third Party Provider directly. In such a situation, you are obliged to follow the payment instruction set out by the Third Party Provider including but not limited to any surcharges and admin charges associated with the payment. In the event of any disputes or complaints you agree that such disputes or complaints shall be managed and settled between you and the Third Party providers.

8.3.5 Payment shall be made via TAXI4UPay Wallet and in accordance with the TAXI4U’s Terms and Policies including, but not limited to, the Terms of Service: Payment and Rewards.

8.4 Confirmation of Booking

8.4.1 Prior to payment, you are advised to thoroughly check and to confirm all the information including payment details that is being submitted. All payments are non-refundable unless expressly stated otherwise.

8.4.2 You cannot purchase a Ticket if you are under the age of 18.

8.4.3 Upon successful payment, an order summary of the Ticket purchased will be forwarded to your designated email address that you furnished during the booking process. You agree all the information which you provide shall be true and accurate.

8.4.4 Unless otherwise made available by TAXI4U, all order summary and/or e-ticket delivered shall ONLY in digital form. You may be required to print out the order summary and/or redeem the same at the Third Party Provider’s counter at the terminal and/or at such designated counter as notified by the Third Party Provider prior to your departure.

8.4.5 PLEASE TAKE NOTE THAT THE PURCHASE OF TICKETS IS SUBJECT TO THE CONFIRMATION OF PURCHASE BY THE THIRD PARTY. AS SUCH, YOU MAY NOT RECEIVE YOUR TICKET AND/OR BOOKING CONFIRMATION IMMEDIATELY UPON PAYMENT. TAXI4U WILL NOT BE HELD RESPONSIBLE FOR ANY FAILURE TO ISSUE TICKETS BY THE THIRD PARTY PROVIDER.

8.5 Delay, Reschedule and Cancellation by the Third Party Providers

8.5.1 If we have been notified by a Third Party Provider that the information relating to the Ticket such as schedule, pick up and/or drop off point has been amended and/or cancelled for any reason (“changes”), we will exercise our best endeavors to notify you as soon as possible of these changes, through any modes of communications we deem fit, by providing any update we deem relevant. Notwithstanding the foregoing, TAXI4U will not be held liable for any delay, rescheduling or cancellation of the trip.

8.5.2 You are advised to arrive at the terminal, checkpoint and/or at any waiting area, as may be notified by us or the Third Party Provider, at least thirty (30) minutes or at such time advised by the Third Party Provider. You must ensure that all requirements for a smooth departure have been duly completed including but not limited to identity verification, custom clearance, and baggage check-ins.

8.6 Requests for Change, Rescheduling and/or Refund

8.6.1 All requests for change, rescheduling and/or refund (full or partial) of the purchased Ticket is subject to the applicable regulation and approval from the Third Party Provider and applicable charges. All decisions made by the Third Party Provider on any request of an amendment, change, cancellation, reschedule and/or refund is final and binding. Generally, all Tickets purchased are non-refundable, non-transferable, non-exchangeable and may not be cancelled.

8.6.2 For the avoidance of doubt, a refund will generally only be made in the event that there is a delay of the departure time of more than six (6) hours from the scheduled departure time by the Third Party Provider. Such a refund amount shall be limited to the fares of departure ticket only and does not include reimbursement and/or claim on other consequential losses and damages such as accommodation.

8.6.3 Any refund, that you may be entitled to, pursuant to Clause 6.2 and / or such other refund, as permitted and/or under the applicable laws, is subject to TAXI4U receiving the said amount from the Third Party Provider. You acknowledge that TAXI4U shall not be held liable for any delay in refund or non-refund of the amount from the respective Third Party Provider. In such event, you will directly approach and seek from the Third Party Provider for any claims and/or refund.

8.6.4 In the event that we have been requested by you to assist with your request of change, reschedule and/or refund of the Tickets, TAXI4U will retain sole and final decision in deciding if we are able to entertain such requests. In the event TAXI4U has agreed to extend such assistance, TAXI4U will, at our sole discretion, charge you an amount of fee being the handling fee of your request. We will inform you of such handling fee when necessary.

8.7 Usage of Ticket

8.7.1 All Tickets are subject to its own terms and conditions including but not limited to baggage allowances as imposed by the Third Party Providers. Please read the Terms and Policies upon purchase of the Tickets and / or to seek the necessary clarification from the Third Party Provider. We will not be held responsible nor liable for any loss, damage, or injury which may arise directly or indirectly in relation to the use of the Tickets..

8.7.2 Please seek reconfirmation of the latest travel schedule with the relevant Third Party Provider at least seventy-two (72) hours prior to departure or carry out the necessary check-in online on the relevant Third Party Provider’s website, if available. You must check and verify the latest schedule no later than twelve (12) hours before departure, as the scheduled departure and/or arrival times may change significantly without prior notice. You are solely responsible for checking-in on time, regardless of schedule changes, if any.

8.8 Passenger’s Responsibility

8.8.1 You must ensure that all passenger information, including but not limited to the passenger’s name, passport / ID number, contact information is accurate and that it matches both (i) the passenger’s official document; and (ii) the information submitted by the passenger when completing any forms on the Application when purchasing the Ticket. The Third Party Provider reserves the right to refuse the issuance of any ticket, boarding pass or deny boarding if the names submitted via the online booking form and the names printed on the passenger’s ID/passport are different. TAXI4U will not be not liable or responsible or liable for any loss, damage or injury arising directly or indirectly from failing to provide the necessary information accurately.

8.8.2 You must ensure that you have purchased the appropriate insurance coverage and protection for your trip and/or the Ticket. TAXI4U will not be held liable for any loss, damage, injury, death which may be incurred or caused to you or to any person for whom you have booked the trip for.

8.8.3 You must ensure that you have verified and confirmed the details of the Ticket, including the pick-up/drop off location with the relevant Third Party Provider before departure.

8.8.4 You must ensure that you have verified the payment details and have obtained the relevant approval and/or permission from the appropriate parties such as guardian before payment of the Ticket.

8.8.5 You must comply with all instructions and directions of the authorised personnel / employee of the Third Party Provider during your trip including but not limited to the waiting period at the relevant immigration offices.

8.9 TAXI4U’s Responsibility

8.9.1 When a reservation for a booking of a Ticket is made, TAXI4U relies on the Third Party Provider to confirm the said booking and will then proceed to issue you with the Ticket. TAXI4U will not be held responsible for any failure in reservation or any other loss or damages, either direct or indirect, in relation to the reservation.

8.10 Limitation of Liability

8.10.1 TAXI4U will not be liable for any issues, loss, damage or injury arising directly or indirectly from the purchase of the Tickets including, but not limited to, the price, transportation details, seat description, baggage description, timings, or availability that is displayed on our Application.

8.10.2 Pursuant to Clause 8.1 above, we will not be liable for your failure to receive the Ticket or order summary arising from your actions which includes but is not limited to your failure to provide the correct e-mail address or failing to set the correct email settings.

8.10.3 TAXI4U will not be held responsible for the act or inactions of Third Party Providers including but not limited to, (i) timely departure or arrival of the transportation; (ii) the conduct of Third Party Provider’s employees, representatives or agents; (iii) the condition of the Third Party Provider’s vehicle such as seats that may fail to meet your expectations; (iv) cancellation of the trip and/or Ticket for any reasons; (v) changing of seating for any reasons; (vi) changing of pick up/drop off point with or without any notification to you or us; and/or (vii) use of a different type of vehicle by Third Party Provider to transport you to your destination.

8.10.4 Unless otherwise agreed by the Third Party Provider on the request of refund of Tickets, TAXI4U will not be liable for the refund of the Tickets to you. In the event the Third Party Provider has agreed to refund the Ticket price to you, you are prohibited from claiming the same refund from us. Any communications relating to the refund between you and Third-Party Providers must be taken up with each other directly.

8.10.5 TAXI4U will not be held liable and responsible for any sanctions, penalties and fines as a result of the Passenger failure to comply with the applicable laws and regulations. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Third Party Provider, TAXI4U or any third party as a result of any breach of the Terms and Policies.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS OF USE, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) FIVE HUNDRED (RM500.00) (ii) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (iii) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 12 MONTHS (IF ANY), WHICHEVER IS LOWER.

 

Point of Interest Contributions

1. This section applies to Consumers’ and Partners’ submission of Point of Interest (“POI”) locations to the map in the relevant Application.

2. Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”).

3. Prohibited content: You shall ensure that all POI Content submitted:

3.1. is not inaccurate, fake or spam;

3.2. is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;

3.3. does not contain irrelevant content such as political or personal opinions;

3.4. does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, alcohol, gambling, weapons, medical services and adult services;

3.5. does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behaviour or illegal conduct;

3.6. does not contain personal/sensitive data or images of any person;

3.7. does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences);

3.8. is not copied or stolen, and does not infringe upon third party intellectual property rights; and

3.9. complies with the “Content Code” published by the Malaysian Communications and Multimedia Commission.

4. Acceptance, rejection or removal of POI: TAXI4U may, at its sole discretion and at any time without notice to you:

4.1. accept or reject any POI Content submitted;

4.2. amend or redact any accepted POI or POI content; and

4.3. remove any POI or POI Content.

5. Rewards: TAXI4U may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.

6. License: By submitting a POI,

6.1. you are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post display on or via the Application. TAXI4U does not claim ownership of any POI Content that you post on or through the Application.

6.2. you have no obligation to provide any content to TAXI4U. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content,

6.3. you grant TAXI4U an irrevocable, worldwide, non-exclusive and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license,modify and create derivative works based on the POI and POI content.

6.4. POI or POI Content that contains publicly-available factual information, such as the name of a business is not covered under the scope of this license.

6.5. This license lasts for as long as your POI content is protected by intellectual property rights.

7. Amendment or removal requests: You may submit requests to amend or remove POIs or POI content through the Application. TAXI4U will assess on a case by case basis whether to accede to such requests at TAXI4U’s sole discretion.

8. Data Sources

The Application contains geographical data attributed to the following sources:

• Map Data © Google maps.google.com
• Map Data © Here www.here.com