Kidz Carpool Terms and Conditions for Customers
As at 23 December 2016
Please read carefully.
Terms of Use: You confirm your understanding and agreement to these terms and conditions (Agreement)
when you use the Service (as defined herein). If you do not agree, then do not use or discontinue from using the
Service and the Application (as defined herein).
Agreement: This Agreement constitute a legal agreement between you and Kidz Carpool Sdn. Bhd. (Company
No. 1206310-K) (“Company”) and in order to use the Service and the Application, you must agree to be bound
by this Agreement and such other amendments and additions to this Agreement as published from time to time at
http://www.kidzcarpool.com.my/. The Company helps connect parents (“Customers”) with third party
transportation providers (“Drivers”) to transport school going children (“Passengers”) between educational
institutions and Customer’s home or designated pick up or drop off points (“Service”) through the Company’s
website and/or mobile application (“Application”) and the Company’s software (“Software”), both supplied to
you by the Company.
Technology Service Provider: You acknowledge and agree that the Company is a technology service / platform
provider which does not provide any transportation services. The Application, the Software and the Service are to
facilitate you as Customer to identify, choose and accept transportation services for your children as Passengers
offered by and from third party transportation providers being Drivers. The Company’s Service is to link you with
Drivers and the Company shall not in anyway be construed as a transportation provider. At all times, the Company
has no responsibility or liability in whatsoever nature and in howsoever manner in respect of Drivers and any
transportation services provided by Drivers to you.
Relationship: You agree that your acceptance of Driversoffer to provide transportation services to Passengers
creates a direct business relationship between you, Passengers and Drivers. The Company is not responsible or
liable for the actions or omissions of Drivers in relation to you and Passengers. You shall have the sole
responsibility for any obligations or liabilities to Passengers, Drivers or third parties which arises from you
accepting the provision of Driver’s transportation services. Any complaints that Drivers, Passengers and you have
shall be taken up amongst yourselves directly.
YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR
OMISSIONS OF ANY TRANSPORTATION SERVICES PROVIDED BY DRIVERS AND FOR ANY
ILLEGAL ACTION COMMITTED BY DRIVERS.
Duration: Upon you signing up for the Service, you agree that you shall commit to use the transportation services
of Drivers for a fixed period of time (“Term”) which may be six (6) or twelve (12) months as elected by you or
as determined and notified by the Company from time to time through the Company’s website and/or the
Application and/or email and/or text message to your mobile device. You understand and agree that (i) Drivers
are not required to provide transportation services during Passengers’ educational institution’s prescribed holidays,
public holidays and weekends; (ii) Any early termination of the Term by you or deemed termination prior to the
expiration of the Term on your part would result in the Deposit (as defined herein) being absolutely forfeited as
agreed damages.
Payment Terms: You agree that (i) the charges (“Charges”) payable by you into the Company’s nominated bank
account for Drivers’ provision of transportation services for Passengers and/or the use of the Service and/or the
Application shall be as set out in the KidzRide registration form and such Charges and/or the Company’s
nominated bank account details may be changed from time to time as notified by the Company to you through the
Company’s website and/or the Application and/or email and/or text message to your mobile device; (ii) Your first
payment for each Term shall always be the first (1
st
) month’s Charges in advance together with fifty percent (50%)
of one (1) month’s Charges as deposit (“Deposit”). Subject Always to the terms and conditions of this Agreement
whereby the Deposit may be absolutely or partly forfeited, on the second (2
nd
) last month of each Term, you are
only required to pay halve (½) of the Charges for the last month of the Term whereby your Deposit shall be utilised
as payment for the other halve (½) of the Charges; (iii) Notwithstanding the aforesaid, the Deposit shall be
absolutely forfeited in accordance with the terms and conditions of Agreement or in the event that (a) you
terminate the use of the transportation services of Drivers prior to the expiry of the Term; (b) you fail to pay the
Charges during the Term in the manner set out herein; (c) you breach or fail to comply or perform with any of the
terms and conditions herein contained; (iv) You must pay the Charges in advance on a monthly basis on every
last week of each calendar month but must be always be before the first (1
st
) day of the immediate next month. If
payment is not received prior to the first (1
st
) day of the immediate next month, then no transportation services
will be provided by Drivers from first (1
st
) day of the immediate next month; (v) The Charges are payable
irrespective of whether you require the provision of transportation services by Drivers during the Term or whether
Drivers provide the transportation services. For avoidance of doubt, there will no refund of the Charges by the
Company for any failure of whatsoever nature and manner arising from and in connection with the provisions of
transportation services by Drivers (amongst others, Drivers did not attend (show up) to pick up Passengers; (vi)
You appoint the Company as your limited payment collection agent solely for the purpose of accepting the
Charges; (vii) payments made by you to the Company shall be considered as payments made directly by you to
Drivers; (viii) you agree that a portion of the Charges shall be payments to the Company as a service fee (“Service
Fee”) which will be deducted from the Charges for the Company to provide the Service. The Service Fee shall be
due immediately and is non-refundable regardless of your decision to terminate your usage of the Service or the
Company’s decision to terminate or suspend your usage or disruption caused to the Service either planned,
accidental or intentional, or any reason whatsoever; (ix) you will solely bear all standard telecommunication
charges between you and Drivers, Passengers and the Company; (x) if you breach of this Agreement or if you
mispresent any information to the Company as determined in the sole opinion of the Company, then the Company
may charge you a higher Service Fee and/or the Deposit may be forfeited, as may be solely and absolutely
determined by the Company; (xi) the Company retains the right to suspend the processing of any transaction
where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or
where it reasonably believes Passengers or you to be in breach of the Terms and Conditions between you and the
Company. In such an event, you shall not hold the Company liable for any withholding of, delay in, suspension
of or cancellation of, any reimbursement to you; (xii) the Company may determine or change the Charges and the
Service Fee as the Company deems in its absolute discretion as necessary or appropriate for the business; (xiii)
the Company may make promotional offers with different features and different rates to different Customers.
Taxes: You agree that this Agreement is subject to all prevailing laws on tax including goods and services tax and
if required by the Company, you will do all things necessary to assist the Company in respect of such taxes.
Repair Charges: You shall be responsible for the cost of repair (including cleaning) for any damage to Drivers
motor vehicle arising from Passengers or your abuse or misuse of the Service or in breach of this Agreement.
The Company reserves the right to utilise the Deposit or part thereof and/or facilitate payment for reasonable cost
of such repair (including cleaning) for and on behalf of Drivers whereby the Company may demand from you
such payment.
Access & Compatibility: You must access the Service using authorized and legal means and you shall ensure
that you download the correct Software for your device. The Company is not liable if you do not have a compatible
handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves
the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device
or for purposes other than which the Application or Software is intended to be used.
Personal Use: You are at least twenty one (21) years old and you have the right, authority and capacity to use the
Service and to enter into this Agreement. All the information provided by you to the Company shall at all times
be true and accurate. The Service is solely for your own personal use and you cannot allow other person to use
your identity. You cannot assign or otherwise transfer your account to any other person or entity. You agree to
comply with all applicable laws and will assist the Company in any investigation, criminal or otherwise required
at law.
Representations, Warranties & Undertakings: You represent, warrant, undertake and agree that (i) You will
only use the Service, the Application and/or the Software for lawful purposes and for the purpose for which it is
intended to be used; (ii) You will not use the Service, the Application and/or the Software for any unlawful,
fraudulent or any other purposes; (iii) You will not use the Service to cause nuisance, annoyance or inconvenience;
(iv) You will not abuse or try to harm the Service, the Application and/or the Software (including the network on
which the Service is operated on) in any way whatsoever; (v) You will not copy, or distribute the contents of the
Service, the Application and/or the Software without written permission from the Company; (vi) You agree that
the Service is provided on a reasonable effort basis. (vii) You will keep secure and confidential your account
password or any identification provided to you which allows access to the Service; (viii) You agree to provide
accurate, current and complete information and documents as required by the Company from time to time; (ix)
You are responsible to maintain and update your information in a timely manner to keep it accurate, current and
complete at all times during the term of this Agreement. (x) You understand that the Company relies on your
information and if such information is untrue, inaccurate, not current or incomplete in any respect, then the
Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time
with or without notice and without any liabilities to you; (xi) You shall not defraud the Company nor enrich
yourself in whatsoever manner in your use of the Service other than as prescribed by the Company; (xii) You shall
not promote competitors applications or services, giving out coupons and suggesting any other form of discounts
to the Drivers. (xiii) You shall not directly or indirectly agree with Drivers supplied by the Company for the
provision of whatsoever transportation services without using the Service and/or the Application or without prior
written consent of the Company (xiv) You agree that your use of the Service will be subject to the Company’s
Privacy Policy as may be amended from time to time.
Licence: The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-
transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your
own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to
you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or
make available to any other third party the Application and/or the Software in any way; (ii) modify or make
derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or
“frame” or mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer
or access the Software in order to (a) build a competitive product or service, (b) build a product using similar
ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features,
functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including,
but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any
program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or
performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or
circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or
reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other
proprietary rights notices contained in the Service.
You shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited
messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material,
including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send
material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents
or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or
the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its
related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or
amount to being disreputable.
Confidentiality: You must maintain in confidence all information data and or contents of documents (oral or in
writing) made available by the Company pursuant to this Agreement (including the Services, the Application and
or the Software) and you shall not, without the prior written consent of the Company, disclose to any person until
and unless compelled to disclose the same by any judicial and or regulatory authority or until and unless such
confidential information / data and or trade secret is in the public domain, whereupon to the extent that it is public
this obligation shall cease. You must only use such confidential information for the Service and not for any other
purposes.
Picture & Information Of Passenger: you agree that the information and picture of your nominated passenger
will be accessible and displayed on Driver’s mobile device vide the Application and the Service. If you do not
wish that any information or picture of your nominated Passenger being accessed and displayed on Driver’s
mobile device, then you have to notify the Company through the Company’s email address at the Company’s
website.
Personal Data Protection: You consent to the Company using and processing your Personal Data (including
your nominated Passenger) for any of the following purposes:- (i) to perform the Company’s obligations herein;
(ii) to provide you with the Service including any other services offered by the Company; (iii) to validate and/or
process payments; (iv) to process any refunds, rebates and/or charges; (v) to process your participation in any
activities or promotions carried out by the Company; (vi) to send you alerts, newsletters, updates, mailers,
promotional materials, special privileges, festive greetings, invitations to events or activities and whatsoever
notifications from the Company, its partners, advertisers and/or sponsors; (vii) to communicate with you for any
of the purposes; (viii) to enable the Company to have a better understanding of your needs and to respond to
questions, comments and feedback from you; (ix) to develop and improve the Service, the Application and
Software; (x) for internal administrative purposes including auditing, data analysis and database records; (xi)
process, manage or verify your application for the Service; (xii) to facilitate any investigations and checks by the
Company or relevant authorities; (xiii) for purposes of detection, prevention and prosecution of crime; (xiv) for
the Company to comply with law; (xv) to share your Personal Data amongst the companies within the Company’s
group of companies comprising the subsidiaries, associate companies and/or jointly controlled entities of the
holding company of the group (“Group”) and with the Company’s and Group’s agents, third party providers,
developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons
whatsoever.
Personal Data means information about you (including your nominated Passenger), from which you are
identifiable, including but not limited to your name, identification card number, birth certificate number, passport
number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email
address, any information about you which you have provided to the Company in registration forms, application
forms or any other similar forms and/or any information about you that has been or may be collected, stored, used
and processed by the Company from time to time and includes sensitive personal data such as data relating to
health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal
Data, your request for the Application may be incomplete and the Company will not be able to process your
Personal Data for the above purposes and the Company may not be able to allow you to use the Service.
If you do not consent to the Company processing your Personal Data for any of the above purposes, then kindly
notify the Company through the Company’s email address at the Company’s website. If you have changed any of
the Personal Data like change of address, e-mail address, telephone number, payment details or if you wish to
cancel your account, the kindly notify the Company. By submitting your information, you consent to the use of
your Personal Data by the Company.
Third Party Interactions: During use of the Service, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their
goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is solely between you and the applicable
third-party. The Company (including its licensors) shall have no liability, obligation or responsibility for any such
correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not
endorse any applications or sites on the Internet that are linked through the Service, Application and/or the
Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products,
services or other materials on or available from such sites or third party providers. Arising therefrom, you agree
that it is your responsibility to take all precautions in all actions and interactions with any third party providers,
advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material
supplied through the Service.
You acknowledge that the third party advertising and marketing supplied through the Service and such other
methods are ways that the Company use to subsidize the Service and/or to earn additional revenue and by using
the Service, you agree to receive such advertising and marketing. In addition, you allow the Company to compile
and release information regarding you and your use of the Service on an anonymous basis as part of a customer
profile or similar report or analysis. If you do not wish to receive such advertising, then kindly notify the Company.
Indemnification: By using the Service, you agree that you shall defend, indemnify and hold the Company
(including its licensors) and their parent organizations, subsidiaries, affiliates, officers, directors, members,
employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities
and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any of your breach or
non-compliance of this Agreement or any applicable law or regulation stated herein or otherwise; (ii) your
violation of any rights of any third party, including, but not limited to passengers of your vehicle or the vehicle
that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third
party (iii) your use or misuse of the Application and/or Software; and (iv) your ownership, use or operation of a
motor vehicle or passenger vehicle, including your carriage of Passengers via the Service, or of their goods.
Disclaimer of Warranties: THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR
GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY,
ACCURACY OR COMPLETENESS OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. THE
COMPANY DOES NOT REPRESENT OR WARRANT THAT (i) THE USE OF THE SERVICE,
APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-
FREE OR ABLE TO OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (ii) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii)
ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU
THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (v)
ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR
(vi) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, (vii) THE APPLICATION AND/OR THE
SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER (viii)
DRIVER BEING THE THIRD PARTY TRANSPORTATION PROVIDER WILL BE PROMPT AND
PUNCTUAL IN THEIR PROVISION OF TRANSPORTATION SERVICES OR (ix) DRIVER WILL ATTEND
(SHOW UP FOR) EACH AND EVERY PICK UP (x) DRIVERS AS THIRD PARTY TRANSPORTATION
PROVIDERS WILL FULLY AND RESPONSIBLY PERFORM AND PROVIDE THEIR TRANSPORTATION
SERVICES TO PASSENGERS. THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM
EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO
THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY
SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES
OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, APPLICATION
AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING
OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT
LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES REMAINS SOLELY AND
ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE
COMPANY.
Internet Delays: THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND
ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT
CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT
RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING
FROM SUCH PROBLEMS.
Limitation of Liability: ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT 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. IN
NO EVENT SHALL THE COMPANY (INCLUDING ITS LICENSORS) BE LIABLE TO YOU OR ANYONE
FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND
(INCLUDING DEATH, PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY (INCLUDING ITS
LICENSORS) SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE INJURY OR DEATH WHICH MAY
BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE
SERVICE FOR, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE INJURY OR DEATH ARISING
OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE,
APPLICATION AND/OR THE SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE
COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY
RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER,
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED
TO BY THE SERVICE, APPLICATION AND/OR THE SOFTWARE, EVEN IF THE COMPANY
(INCLUDING ITS LICENSORS) HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY,
ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING,
ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY
FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY
RELATED TO THE THIRD PARTY PROVIDERS INCLUDING, ADVERTISERS AND/OR SPONSORS.
THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN
YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION
PROVIDERS, ADVERTISERS AND/OR SPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE
IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING
THIRD PARTY TRANSPORTATION PROVIDERS, ADVERTISERS AND/OR SPONSORS.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS
OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS
IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE
COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING
FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY
RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS,
ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR
THE APPLICATION.
Non Attendance (No Show): If Drivers have given the Company at least one (1) business day prior notice, then
the Company may (but not obliged to) find an alternate / replacement Drivers which shall be subject to availability.
The Company does not in any way guarantee or warrant the performance of Drivers as third party transportation
providers and the Company shall not be responsible any failure of whatsoever nature and manner arising from
and in connection with the provisions of transportation services by Drivers (including their suitability) who are
third party transportation providers (amongst others, Drivers did not attend (show up) to pick up Passengers).
Termination: You hereby agree that the Company may terminate this Agreement at any time by giving three (3)
days’ prior notice to you without assigning any reasons. Notwithstanding the generality of the provisions
stipulated in this Agreement or anything to the contrary, the Company is entitled to terminate this Agreement
immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For
the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse
or cover any cost incurred by you, including but not limited to any other monies paid to the Company in the course
of performing your obligations under this Agreement.
Notice: The Company may notify by means of a general notice on the Company’s Website, the Application,
electronic mail to your email address or text messaging to your mobile device or by written communication sent
by registered post to your address, all in the record of the Company. Such notice shall be deemed to have been
given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 1 hour after sending
(if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the
Company) by letter sent by registered post to the Company using the contact details as provided in the Company’s
website.
Assignment: This Agreement as constituted by the terms and conditions as modified from time to time may not
be assigned by you without the prior written approval of the Company but may be assigned without your consent
by the Company. Any purported assignment by you in violation of this provision shall be void.
Invalidity and severability: If any provision of the Terms and Conditions is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This
shall, without limitation, also apply to the applicable law and jurisdiction as stipulatedherein. The failure of the
Company to enforce any right under this Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by the Company in writing.
Entire Agreement: This Agreement (including any modification by the Company from time to time as notified
to you vide the Company’s website or the Application) comprises the entire agreement between you and the
Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any)
between the parties regarding the subject matter contained herein. No rule of construction shall apply to the
detriment of any party hereto by reason of that such party having control and/or was responsible for the preparation
of this Agreement or any part thereof.
Governing Law & Jurisdiction: This Agreement 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 Agreement or the Service shall be subject to the exclusive jurisdiction of
the courts of Malaysia to which you hereby agree to submit to.
Arbitration: If the law in an alternate country does not allow jurisdiction to be that of the courts of Malaysia or
where judgment of a Malaysian court is unenforceable in such jurisdiction, unresolved disputes shall be referred
to the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) Fast Track Arbitration Rules (“KLRCA Fast
Track Arbitration Rules”) for the time being in force and you agree that in such an instance: (i) the number of
arbitrators shall be one (1), to be appointed by the Company; (ii) the language to be used in the arbitral proceedings
shall be English; and (iii) the arbitration agreement contained in this clause shall be governed by the laws of
Malaysia. Pending the commencement of arbitration proceedings, the Company and you may apply to the courts
of Malaysia (which shall have exclusive jurisdiction) for the grant of interim and/or equitable relief for the
protection and preservation of property which is the subject of or in relation to this Agreement.
Kidz Carpool Terms and Conditions for Drivers
As at 23 December 2016
Please read carefully.
Terms of Use: You confirm your understanding and agreement to these terms and conditions (Agreement)
when you use the Service (as defined herein), the conditions stated in the Driver’s Registration Form and the
Driver’s Code of Conduct. If you do not agree, then do not use or discontinue from using the Service and the
Application (as defined herein).
Agreement: This Agreement constitute a legal agreement between you and Kidz Carpool Sdn. Bhd. (Company
No. 1206310-K) (“Company”) and in order to use the Service and the Application, you must agree to be bound
by this Agreement and such other amendments and additions to this Agreement as published from time to time at
http://www.kidzcarpool.com.my/. The Company helps connect parents (“Customers”) with third party
transportation providers to transport school going children (“Passengers”) between educational institutions and
Customer’s home or designated pick up or drop off points (“Service”) through the Company’s website and/or
mobile application (“Application”) and the Company’s software (“Software”), both supplied to you by the
Company.
Technology Service Provider: You acknowledge and agree that the Company is a technology service / platform
provider which does not provide any transportation services. The Application, the Software and the Service are to
facilitate you as a transportation provider to provide transportation services to Passengers (“your Transportation
Services”) and to be paid by Customers. At all times, the Company has no responsibility or liability in whatsoever
nature and in howsoever manner.
Relationship: You agree that your provision of your Transportation Services of Passengers to Customers creates
a direct business relationship between you, Passengers and Customers. The Company is not responsible or liable
for the actions or omissions of Passengers and Customers in relation to you, your activities and your motor vehicle.
You shall have the sole responsibility for any obligations or liabilities to Passengers, Customers or third parties
which arises from your provision of your Transportation Services. Any complaints that Passengers or Customers
have in respect of your Transportation Services provided by you shall be taken up by Passengers or Customers
with you directly. You further agree that no joint venture, partnership, employment, or agency relationship exists
between you and the Company as a result of this Agreement or your use of the Service.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY
SERVICES YOU PROVIDED TO YOUR PASSENGERS, AND FOR ANY ILLEGAL ACTION COMMITTED
BY YOU. YOU SHALL, AT ALL TIMES, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND
THAT YOU ARE THE AGENT OR EMPLOYEE OF THE COMPANY, AND THE SERVICES PROVIDED
BY YOU IS NOT, IN ANYWAY, BE DEEMED AS SERVICES OF THE COMPANY.
Duration: Upon you signing up for the Service, you agree that you shall continually provide your Transportation
Services for a fixed period of time (“Term”) which may be six (6) or twelve (12) months as elected by you or as
determined and notified by the Company from time to time through the Company’s website and/or the Application
and/or email and/or text message to your mobile device. You will not be required to provide your Transportation
Services during Passengers’ educational institution’s prescribed holidays, public holidays and weekends.
However, when there is a change in the schedule for the pickup or drop off of Passengers during weekdays, then
you shall adjust and provide your Transportation Services.
Payment Terms: You will be paid a fare (“Fare”) on every first (1
st
) week of each calendar month for your
provision of your Transportation Services in the previous month Provided Always that the Company has been
paid by Customer. The fare shall be calculated based on per Passenger basis per ride where rideshall mean each
time pick up and drop off Passengers at Customers designated points. You acknowledge and agree that (i) the
Fare (which includes taxes and toll charges, if applicable) is the only payment you will receive for your provision
of your Transportation Services; (ii) you appoint the Company as your limited payment collection agent solely
for the purpose of accepting the Fare; (iii) payments made by Customers to the Company shall be considered as
payments made directly by Customers to you; (iv) you will not at any time collect any payments from Passengers
or Customers directly and all payments shall be vide the Company; (v) pay to the Company a service fee (“Service
Fee”) which will be deducted from the Fare for the Company to provide the Service. The Service Fee shall be due
immediately and is non-refundable regardless of your decision to terminate your usage of the Service or the
Company’s decision to terminate or suspend your usage or disruption caused to the Service either planned,
accidental or intentional, or any reason whatsoever; (vi) you will solely bear all standard telecommunication
charges between you and Customers, Passengers and the Company; (vii) if you breach of this Agreement or you
fail to comply with the Driver’s Code of Conduct or if you mispresent in the Driver’s Registration Form or in
your provision your Transportation Services as determined in the sole opinion of the Company (including but not
limited to no show, tardiness, not completing the entire Term, unbecoming behaviour or demeanour and complaint
by Customers), then the Company may charge you a higher Service Fee or the cost of arranging for a replacement
driver, as may be solely and absolutely determined by the Company; (viii) the Company retains the right to
suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent,
illegal or involves any criminal activity or where it reasonably believes Passengers or Customers to be in breach
of the Terms and Conditions between Customers and the Company. In such an event, you shall not hold the
Company liable for any withholding of, delay in, suspension of or cancellation of, any payment to you; (ix) the
Company may determine or change the Fare and the Service Fee as the Company deems in its absolute discretion
as necessary or appropriate for the business; (x) the Company may make promotional offers with different features
and different rates to Customers whereby these promotional offers shall accordingly be honored by you.
Taxes: You agree that you will be responsible for your own taxes for your income earned and this Agreement is
subject to all prevailing laws on tax including goods and services tax and if required by the Company, you will
do all thing necessary to assist the Company in respect of such taxes.
Access & Compatibility: You must access the Service using authorized and legal means and you shall ensure
that you download the correct Software for your device. The Company is not liable if you do not have a compatible
handset or if you have downloaded the wrong version of the Software for your handset. The Company reserves
the right to terminate this Agreement should you be using the Service with an incompatible or unauthorized device
or for purposes other than which the Application or Software is intended to be used.
Personal Use: You are at least twenty one (21) years old and you have the right, authority and capacity to use the
Service and to enter into this Agreement. All the information provided by you to the Company shall at all times
be true and accurate. The Service is solely for your own personal use and you cannot allow other person to use
your identity. You cannot assign or otherwise transfer your account to any other person or entity. You agree to
comply with all applicable laws and will assist the Company in any investigation, criminal or otherwise required
at law.
Representations, Warranties & Undertakings: You represent, warrant, undertake and agree that (i) you possess
a valid driver’s license and are authorized to operate a motor vehicle to provide transportation for hire to third
parties in the jurisdiction in which you use the Service; (ii) You own, or have the legal right and authority to
operate, the vehicle for the transportation of Passengers, and such vehicle is in good condition and meets the
relevant authorities’ safety standards; (iii) You have a valid policy of liability insurance (in industry-standard
coverage amounts) for the operation of your motor vehicle/passenger vehicle and/or business insurance to cover
any anticipated losses related to the operation of a taxi/passenger delivery service; (iv) You shall be solely
responsible for the maintenance of the motor vehicle used by you and 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 damages which is due to or is alleged to be a result of the
motor/passenger vehicle and/or taxi/passenger delivery service howsoever operated; (v) You shall obey all local
laws related to the operation of a taxi/passenger delivery service and will be solely responsible for any violations
of such laws; (vi) You will only use the Service, the Application and/or the Software for lawful purposes and for
the purpose for which it is intended to be used; (vii) You will not use the Service, the Application and/or the
Software for any unlawful, fraudulent or any other purposes; (viii) You will not use the Service to cause nuisance,
annoyance or inconvenience; (ix) You will not abuse or try to harm the Service, the Application and/or the
Software (including the network on which the Service is operated on) in any way whatsoever; (x) You will not
copy, or distribute the contents of the Service, the Application and/or the Software without written permission
from the Company; (xi) You agree that the Service is provided on a reasonable effort basis. (xii) You will keep
secure and confidential your account password or any identification provided to you which allows access to the
Service; (xiii) You agree to provide accurate, current and complete information and documents as required by the
Company from time to time; (xiv) You are responsible to maintain and update your information in a timely manner
to keep it accurate, current and complete at all times during the term of this Agreement. (xv) You understand that
the Company relies on your information and if such information is untrue, inaccurate, not current or incomplete
in any respect, then the Company has the right but not the obligation to terminate this Agreement and your use of
the Service at any time with or without notice and without any liabilities to you; (xvi) You shall not defraud the
Company nor enrich yourself in whatsoever manner in your use of the Service other than as prescribed by the
Company; (xvii) You shall not promote competitors applications or services, giving out coupons and suggesting
any other form of discounts to the Passengers or Customers. (xviii) You shall not directly or indirectly agree with
Customer supplied by the Company for the provision of whatsoever transportation services without using the
Service and/or the Application or without prior written consent of the Company (xix) You agree that your use of
the Service will be subject to the Company’s Privacy Policy as may be amended from time to time.
Licence: The Company and its licensors, where applicable, hereby grants you a revocable, non-exclusive, non-
transferable, non-assignable, personal, limited license to use the Application and/or the Software, solely for your
own personal purpose, subject to the terms and conditions of this Agreement. All rights not expressly granted to
you are reserved by the Company and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or
make available to any other third party the Application and/or the Software in any way; (ii) modify or make
derivative works based on the Application and/or the Software; (iii) create internet “links” to the Application or
“frame” or mirror” any Software on any other server or wireless or internet-based device; (iv) reverse engineer
or access the Software in order to (a) build a competitive product or service, (b) build a product using similar
ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features,
functions or graphics of the Application and/or the Software; (v) launch an automated program or script, including,
but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any
program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or
performance of the Application and/or the Software, (vi) use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or
circumvent the navigational structure or presentation of the Services or its contents; (vii) post, distribute or
reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights, (viii) remove any copyright, trademark or other
proprietary rights notices contained in the Service.
You shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited
messages; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material,
including but not limited to materials harmful to children or violative of third party privacy rights; (iii) send
material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents
or programs; (iv) interfere with or disrupt the integrity or performance of the Software and/or the Application or
the data contained therein; (v) attempt to gain unauthorized access to the Software and/or the Application or its
related systems or networks; or (vi) Impersonate any person or entity or otherwise misrepresent your affiliation
with a person or entity (vii) to abstain from any conduct that could possibly damage the Company’s reputation or
amount to being disreputable.
Confidentiality: You must maintain in confidence all information data and or contents of documents (oral or in
writing) made available by the Company pursuant to this Agreement (including the Services, the Application and
or the Software) and you shall not, without the prior written consent of the Company, disclose to any person until
and unless compelled to disclose the same by any judicial and or regulatory authority or until and unless such
confidential information / data and or trade secret is in the public domain, whereupon to the extent that it is public
this obligation shall cease. You must only use such confidential information in order to perform the Services and
not for any other purposes.
Personal Data Protection: You consent to the Company using and processing your Personal Data for any of the
following purposes:- (i) to perform the Company’s obligations herein; (ii) to provide you with the Service
including any other services offered by the Company; (iii) to validate and/or process payments; (iv) to process
any refunds, rebates and/or charges; (v) to process your participation in any activities or promotions carried out
by the Company; (vi) to send you alerts, newsletters, updates, mailers, promotional materials, special privileges,
festive greetings, invitations to events or activities and whatsoever notifications from the Company, its partners,
advertisers and/or sponsors; (vii) to communicate with you for any of the purposes; (viii) to enable the Company
to have a better understanding of your needs and to respond to questions, comments and feedback from you; (ix)
to develop and improve the Service, the Application and Software; (x) for internal administrative purposes
including auditing, data analysis and database records; (xi) process, manage or verify your application for the
Service; (xii) to facilitate any investigations and checks by the Company or relevant authorities; (xiii) for purposes
of detection, prevention and prosecution of crime; (xiv) for the Company to comply with law; (xv) to share your
Personal Data amongst the companies within the Company’s group of companies comprising the subsidiaries,
associate companies and/or jointly controlled entities of the holding company of the group (“Group”) and with
the Company’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or
sponsors who may communicate with you for any reasons whatsoever.
Personal Datameans information about you, from which you are identifiable, including but not limited to your
name, identification card number, birth certificate number, passport number, nationality, address, telephone
number, credit or debit card details, race, gender, date of birth, email address, any information about you which
you have provided to the Company in registration forms, application forms or any other similar forms and/or any
information about you that has been or may be collected, stored, used and processed by the Company from time
to time and includes sensitive personal data such as data relating to health, religious or other similar beliefs.
The provision of your Personal Data is voluntary. However if you do not provide the Company your Personal
Data, your request for the Application may be incomplete and the Company will not be able to process your
Personal Data for the above purposes and the Company may not be able to allow you to use the Service.
If you do not consent to the Company processing your Personal Data for any of the above purposes, then kindly
notify the Company through the Company’s email address at the Company’s website. If you have changed any of
the Personal Data like change of address, e-mail address, telephone number, payment details or if you wish to
cancel your account, the kindly notify the Company. By submitting your information, you consent to the use of
your Personal Data by the Company.
Third Party Interactions: During use of the Service, you may enter into correspondence with, purchase goods
and/or services from, or participate in promotions of third party providers, advertisers or sponsors showing their
goods and/or services through the Service, Software and/or the Application. Any such activity, and any terms,
conditions, warranties or representations associated with such activity, is solely between you and the applicable
third-party. The Company (including its licensors) shall have no liability, obligation or responsibility for any such
correspondence, purchase, transaction or promotion between you and any such third- party. The Group does not
endorse any applications or sites on the Internet that are linked through the Service, Application and/or the
Software, and in no event shall the Company, its licensors or the Group be responsible for any content, products,
services or other materials on or available from such sites or third party providers. Arising therefrom, you agree
that it is your responsibility to take all precautions in all actions and interactions with any third party providers,
advertisers and/or sponsors you interact with through the Service and/or advertising or marketing material
supplied through the Service.
You acknowledge that the third party advertising and marketing supplied through the Service and such other
methods are ways that the Company use to subsidize the Service and/or to earn additional revenue and by using
the Service, you agree to receive such advertising and marketing. In addition, you allow the Company to compile
and release information regarding you and your use of the Service on an anonymous basis as part of a customer
profile or similar report or analysis. If you do not wish to receive such advertising, then kindly notify the Company.
Indemnification: By using the Service, you agree that you shall defend, indemnify and hold the Company
(including its licensors) and their parent organizations, subsidiaries, affiliates, officers, directors, members,
employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities
and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any of your breach or
non-compliance of this Agreement or any applicable law or regulation stated herein or otherwise; (ii) your
violation of any rights of any third party, including, but not limited to passengers of your vehicle or the vehicle
that you have control over, other motorists, and pedestrians, as a result of your own interaction with any third
party (iii) your use or misuse of the Application and/or Software; and (iv) your ownership, use or operation of a
motor vehicle or passenger vehicle, including your carriage of Passengers via the Service, or of their goods.
Disclaimer of Warranties: THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR
GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY,
ACCURACY OR COMPLETENESS OF THE SERVICE, APPLICATION AND/OR THE SOFTWARE. THE
COMPANY DOES NOT REPRESENT OR WARRANT THAT (i) THE USE OF THE SERVICE,
APPLICATION AND/OR THE SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-
FREE OR ABLE TO OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE,
SYSTEM OR DATA, (ii) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii)
ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU
THROUGH THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (v)
ERRORS OR DEFECTS IN THE APPLICATION AND/OR THE SOFTWARE WILL BE CORRECTED, OR
(vi) THE APPLICATION OR THE SERVER(S) THAT MAKE THE APPLICATION AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (vii) THE APPLICATION AND/OR THE
SOFTWARE TRACKS YOU OR THE VEHICLE USED BY THE TRANSPORTATION PROVIDER. THE
SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE HIGHEST AND MAXIMUM
EXTENT. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO
THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY
SERVICES, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES
OBTAINED BY OR FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE, APPLICATION
AND/OR THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING
OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES, INCLUDING BUT NOT
LIMITED TO THE THIRD PARTY TRANSPORTATION SERVICES REMAINS SOLELY AND
ABSOLUTELY WITH YOU AND YOU SHALL HAVE NO RECOURSE WHATSOEVER TO THE
COMPANY.
Internet Delays: THE SERVICE, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND
ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU BEING FAULTY, NOT
CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT
RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING
FROM SUCH PROBLEMS.
Limitation of Liability: ANY CLAIMS AGAINST THE COMPANY BY YOU SHALL IN ANY EVENT 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. IN
NO EVENT SHALL THE COMPANY (INCLUDING ITS LICENSORS) BE LIABLE TO YOU OR ANYONE
FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, FUTURE SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OR LOSSES OF ANY TYPE OR KIND
(INCLUDING PERSONAL INJURY, EMOTIONAL DISTRESS AND LOSS OF DATA, GOODS, REVENUE,
PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY (INCLUDING 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 FOR,
INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY
CONNECTED WITH THE SERVICE, APPLICATION AND/OR THE SOFTWARE, INCLUDING BUT NOT
LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, APPLICATION AND/OR THE
SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR
EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE
ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, APPLICATION
AND/OR THE SOFTWARE, EVEN IF THE COMPANY (INCLUDING ITS LICENSORS) HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY DOES NOT AND WILL NOT ASSESS NOR MONITOR THE SUITABILITY, LEGALITY,
ABILITY, MOVEMENT OR LOCATION OF ANY THIRD PARTY PROVIDERS INCLUDING,
ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY
FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY
RELATED TO THE THIRD PARTY PROVIDERS INCLUDING, ADVERTISERS AND/OR SPONSORS.
THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN
YOU AND SUCH THIRD PARTY PROVIDERS INCLUDING THIRD PARTY TRANSPORTATION
PROVIDERS, ADVERTISERS AND/OR SPONSORS. WE CANNOT AND WILL NOT PLAY ANY ROLE
IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING
THIRD PARTY TRANSPORTATION PROVIDERS, ADVERTISERS AND/OR SPONSORS.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS
OFFERED VIA THE SERVICE, SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS
IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE THE
COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING
FROM YOUR USE OF THE SERVICE, SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY
RELATED TO THE THIRD PARTIES INCLUDING THIRD PARTY TRANSPORTATION PROVIDERS,
ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, SOFTWARE AND/OR
THE APPLICATION.
Termination: You hereby agree that the Company may terminate this Agreement at any time by giving three (3)
days’ prior notice to you without assigning any reasons. Notwithstanding the generality of the provisions
stipulated in this Agreement or anything to the contrary, the Company is entitled to terminate this Agreement
immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement. For
the avoidance of doubt, the termination of this Agreement shall not require the Company to compensate, reimburse
or cover any cost incurred by you, including but not limited to any other monies paid to the Company in the course
of performing your obligations under this Agreement.
Notice: The Company may notify by means of a general notice on the Company’s Website, the Application,
electronic mail to your email address or text messaging to your mobile device or by written communication sent
by registered post to your address, all in the record of the Company. Such notice shall be deemed to have been
given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 1 hour after sending
(if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the
Company) by letter sent by registered post to the Company using the contact details as provided in the Company’s
website.
Assignment: This Agreement as constituted by the terms and conditions as modified from time to time may not
be assigned by you without the prior written approval of the Company but may be assigned without your consent
by the Company. Any purported assignment by you in violation of this provision shall be void.
Invalidity and severability: If any provision of the Terms and Conditions is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This
shall, without limitation, also apply to the applicable law and jurisdiction as stipulated herein. The failure of the
Company to enforce any right under this Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by the Company in writing.
Entire Agreement: This Agreement (including any modification by the Company from time to time as notified
to you vide the Company’s website or the Application) comprises the entire agreement between you and the
Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any)
between the parties regarding the subject matter contained herein. No rule of construction shall apply to the
detriment of any party hereto by reason of that such party having control and/or was responsible for the preparation
of this Agreement or any part thereof.
Governing Law & Jurisdiction: This Agreement 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 Agreement or the Service shall be subject to the exclusive jurisdiction of
the courts of Malaysia to which you hereby agree to submit to.
Arbitration: If the law in an alternate country does not allow jurisdiction to be that of the courts of Malaysia or
where judgment of a Malaysian court is unenforceable in such jurisdiction, unresolved disputes shall be referred
to the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) Fast Track Arbitration Rules (“KLRCA Fast
Track Arbitration Rules”) for the time being in force and you agree that in such an instance: (i) the number of
arbitrators shall be one (1), to be appointed by the Company; (ii) the language to be used in the arbitral proceedings
shall be English; and (iii) the arbitration agreement contained in this clause shall be governed by the laws of
Malaysia. Pending the commencement of arbitration proceedings, the Company and you may apply to the courts
of Malaysia (which shall have exclusive jurisdiction) for the grant of interim and/or equitable relief for the
protection and preservation of property which is the subject of or in relation to this Agreement.
Terms and Conditions between Customers and Drivers
As at 23 December 2016
Please read carefully.
Agreement: This Agreement constitute a legal agreement between you as a customer (“Customers”) and you as
a third party transportation provider Driver (“Drivers”) to transport school going children who are nominated by
Customers (“Passengers”) between educational institutions and Customer’s home or designated pick up or drop
off points (“Transportation Services”). In this Agreement, references to “You” and “Yourshall mean you as
Customer OR you as Driver OR collectively, both of you as Customer and as Driver, as the context may require.
Service, Application & Software: You confirm your understanding and agreement that Kidz Carpool Sdn. Bhd.
(Company No. 1206310-K) (“Company”) helps connect Customers with Drivers to transport Passengers
(“Service”) through the Company’s website and/or mobile application (“Application”) and the Company’s
software (“Software”), all supplied to you by the Company.
Technology Service Provider: You acknowledge and agree that the Company is a technology service / platform
provider which does not provide any transportation services. The Application, the Software and the Service are to
facilitate Customer to identify, choose and accept transportation services for Passengers offered by and from
Drivers. The Company’s Service is to link you with Drivers and the Company shall not in anyway be construed
as a transportation provider. You further agree that at all times, the Company has no responsibility or liability in
whatsoever nature and in howsoever manner in respect of Drivers, any transportation services provided by Drivers
and Customers.
Terms of Use: In order to use the Service and the Application, for Drivers who offer the Transportation Services
and for Customers who identify, select, accept and appoint Drivers for the provision of the Transportation Services
to Passengers, you must agree to be bound by this Agreement and such other amendments and additions to this
Agreement as published from time to time at http://www.kidzcarpool.com.my/, email, text message and/or the
Application.
Relationship: Drivers agree that your offer for the provision of the Transportation Services of Passengers to
Customers creates a direct business relationship between you, Passengers and Customers. Customers agree that
your acceptance of Driversoffer to provide the Transportation Services creates a direct business relationship
between you, Passengers and Drivers. You agree that the Company is not responsible or liable for the actions or
omissions of Customers, Drivers and Passengers. You shall have the sole responsibility for any obligations or
liabilities to Customers, Passengers, Drivers or third parties which arises from the Transportation Services. Any
matters including complaints that Drivers, Passengers and Customers may have shall be taken up amongst
yourselves directly.
Duration: The Transportation Services shall be provided for a fixed period of time (“Term”). Drivers are not
required to provide the Transportation Services during Passengers’ educational institution’s prescribed holidays,
public holidays and weekends. Any early termination of the Term by you or deemed termination prior to the
expiration of the Term shall be subject to the terms and conditions entered by you individually as Customer or
Driver with the Company.
Payment Terms: Customers agree to pay charges as set out in the KidzRide registration form and/or notified by
the Company through the Company’s website, email, text message and/or the Application (“Charges”) for Drivers’
provision of the Transportation Services. You appoint the Company as your limited collection and payment agent
solely for the purpose of accepting and paying the Charges in accordance with your agreement with the Company.
You agree that all collections and payments of the Charges by and to the Company shall be considered as payments
made directly between Customers and Drivers and you also agree that a portion of the Charges is a service fee
imposed by the Company which will be immediately deducted from the Charges for the Company to provide the
Service and supply the Application.
Taxes: You agree that this Agreement is subject to all prevailing laws on tax including goods and services tax.
Repair Charges: Customers shall be responsible for the cost of repair (including cleaning) for any damage to
Drivers’ motor vehicle arising from Customers’ or Passengers abuse or misuse of the Transportation Services.
Personal Use: You are at least twenty one (21) years old and you have the right, authority and capacity to enter
into this Agreement. You cannot allow other person to use your identity. You cannot assign or otherwise transfer
your account to any other person or entity. You agree to comply with all applicable laws and will assist the
Company in any investigation, criminal or otherwise required at law.
Representations, Warranties & Undertakings: Drivers represent, warrant, undertake and agree that (i) Drivers
possess a valid driver’s license and are authorized to operate a motor vehicle to provide the Transportation
Services of Passengers in the applicable jurisdiction; (ii) Drivers own, or have the legal right and authority to
operate, the vehicle for the transportation of Passengers, and such vehicle is in good condition (maintained by
Drivers at Drivers’ own cost) and meets the relevant authorities’ safety standards; (iii) Drivers have a valid policy
of liability insurance (in industry-standard coverage amounts) for the operation of Drivers’ motor
vehicle/passenger vehicle and/or business insurance to cover any anticipated losses related to the Transportation
Services; (iv) Drivers 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 damages
which is due to or is alleged to be a result of Drivers’ motor vehicle and/or the provision of the Transportation
Services; (v) Drivers shall obey all local laws related to the Transportation Services and will be solely responsible
for any violations of such laws; (vi) Drivers shall perform and deliver the Transportation Services with diligence
and in timely, responsible and professional manners. (v) Drivers will attend (show up for) each and every pick up.
No Pick Up: If Drivers is unable to pick up Passengers, then Drivers shall as best as possible give Customers at
least one (1) business day prior notice. If Customers do not require any pick up for Passengers, then Customers
shall as best as possible give Customers at least one (1) business day prior notice.
Confidentiality: You understand that the information of Customers, Drivers and Passengers (including any
pictures) disclosed by you to each other or by the Company to you (“Confidential Information”) are accessible
to each other. You undertake and agree that (i) You will only use the Confidential Information for lawful purposes
and for the provision of the Transportation Services; (ii) You will not use the Confidential Information for any
immoral, unlawful, fraudulent or any other purposes; (iii) You will not use the Confidential Information to cause
nuisance, annoyance or inconvenience; (iv) You understand that the other party hereto relies on your information
and if such information is untrue, inaccurate, not current or incomplete in any respect, then the other party hereto
may terminate this Agreement with or without notice and without any liabilities to you.
Other than to the Company, you must maintain in confidence the Confidential Information and all information
data and or contents of documents (oral or in writing) made available by you to each other and by the Company
pursuant to this Agreement and you shall not, without the prior written consent of the other party hereto and the
Company to you, disclose to any person until and unless compelled to disclose the same by any judicial and or
regulatory authority or until and unless the Confidential Information and such confidential information / data and
or trade secret disclose by the other party hereto is in the public domain, whereupon to the extent that it is public
this obligation shall cease. You must only use such confidential information for the Service and not for any other
purposes.
Indemnification: You agree that you shall defend, indemnify and hold the other party hereto and the Company
(including its licensors) and their parent organizations, subsidiaries, affiliates, officers, directors, members,
employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities
and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) the Transportation
Services (the provision thereof or the acceptance thereto and/or otherwise) including but not limited to loss,
damage injury or death (ii) any of your breach or non-compliance of this Agreement or your agreement with the
Company or any applicable law or regulation stated herein or otherwise; (iii) your violation of any rights of
Customer or Driver or any third party, including, but not limited to Passengers of your vehicle or the vehicle that
you have control over, other motorists, and pedestrians, as a result of your own interaction with any third party
(iv) your abuse and/or misuse of Drivers’ motor vehicle.
Disclaimer of Warranties: YOU AGREE THAT THE COMPANY MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, OF ALL MATTERS RELATED TO THE TRANSPORTATION SERVICES HEREIN
CONTAINED.
Termination: You hereby agree that upon your termination of your agreement with the Company, this Agreement
shall simultaneously be deemed terminated. You hereby agree that either party hereto may terminate this
Agreement for any breach herein or the Company may terminate this Agreement at any time by giving three (3)
days’ prior notice to you without assigning any reasons whereupon either party shall have such necessary recourse
limited to the aggregate amount of all amounts actually paid or received by you in utilising the Transportation
Services during the event giving rise to such claims.
Notice: The Company may notify by means of a general notice on the Company’s Website, the Application,
electronic mail to your email address or text messaging to your mobile device or by written communication sent
by registered post to your address, all in the record of the Company. Such notice shall be deemed to have been
given upon the expiration of 48 hours after mailing or posting (if sent by registered post) or 1 hour after sending
(if sent by email).
Any notice request or demand required to be served by Customer or Driver to the other party hereto under the
provisions of this Agreement shall be in writing and shall be deemed to be sufficiently served (i) if it is given by
that Party by registered post in a letter addressed to the other Party at their respective addresses herein mentioned,
then it shall be deemed to have been received three (3) days after posting; or (ii) if it is given by that Party and
despatched by hand to the other Party at their respective addresses, then on the date of despatch; or (iii) if sent by
facsimile or electronic mail transmission, then at the time of confirmation of successful transmission before
5.00p.m. on a working day.
Assignment: This Agreement as constituted by the terms and conditions as modified from time to time between
both of you or by the Company and that this Agreement may not be assigned by you without the prior written
approval of the party hereto and the Company. Any purported assignment by you in violation of this provision
shall be void.
Invalidity and severability: If any provision of the Terms and Conditions is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This
shall, without limitation, also apply to the applicable law and jurisdiction as stipulated herein and you irrevocably
and unconditionally agree that notwithstanding the Company is not a party hereto, you authorise and agree that
the Company shall have a right to enforce any right under this Agreement but at all times, the Company shall not
assume any liabilities. Any failure by you shall not constitute a waiver of such right or provision.
Entire Agreement: This Agreement (including any modification by the Company from time to time as notified
to you vide the Company’s website, email, text message or the Application) comprises the entire agreement
between you and the other party hereto and supersedes all prior or contemporaneous negotiations or discussions,
whether written or oral (if any) between the parties regarding the subject matter contained herein. No rule of
construction shall apply to the detriment of any party hereto by reason of that such party (or the Company) having
control and/or was responsible for the preparation of this Agreement or any part thereof.
Governing Law & Jurisdiction: This Agreement 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 Agreement or the Transportation Services shall be subject to the exclusive
jurisdiction of the courts of Malaysia to which you hereby agree to submit to.
Arbitration: If the law in an alternate country does not allow jurisdiction to be that of the courts of Malaysia or
where judgment of a Malaysian court is unenforceable in such jurisdiction, unresolved disputes shall be referred
to the Kuala Lumpur Regional Centre for Arbitration (“KLRCA”) Fast Track Arbitration Rules (“KLRCA Fast
Track Arbitration Rules”) for the time being in force and you agree that in such an instance: (i) the number of
arbitrators shall be one (1), the number of arbitrators shall be one, to be jointly appointed by the parties hereto,
and if the parties hereto fail to agree on an arbitrator within the period of thirty (30) days from the first notice of
dispute/claim issued by any Party to the other party hereto, the arbitrator shall be appointed by the Director of
KLRCA unless if applicable, the Company, then the arbitrator shall be appointed by the Company; (ii) the
language to be used in the arbitral proceedings shall be English; and (iii) the arbitration agreement contained in
this clause shall be governed by the laws of Malaysia. Pending the commencement of arbitration proceedings, the
parties hereto (and if applicable, the Company) and you may apply to the courts of Malaysia (which shall have
exclusive jurisdiction) for the grant of interim and/or equitable relief for the protection and preservation of
property which is the subject of or in relation to this Agreement.