EFFECTIVE FROM 1ST MARCH 2019
IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT TRANSPORTER AT (EMAIL ADDRESS). FAILURE TO DO SO WITHIN 12 (TWELVE) HOURS FROM THE TIME OF RECEIPT OF THIS DOCUMENT AND YOUR ACCEPTANCE OF THIS DOCUMENT BY CLICKING ON THE ‘I ACCEPT’ BUTTON SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE LAWS RELATION TO INFORMATION TECHNOLOGY SUCH AS THE DIGITAL SIGNATURE ACT 1997, COMMUNICATION AND MULTIMEDIA ACT 1998, COPYRIGHT (AMNEDMENTS) ACT 1997, ELECTRONIC COMMERCE ACT 2006, PAYMENTS SYSTEM ACT 2003, PERSONAL DATA PROTECTION ACT 2010 AND RULES THEREUNDER AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS RECOGNISED UNDER THE CYBER LAWS.
THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES. BY CLICKING ON THE “I ACCEPT” BUTTON ON THIS ELECTRONIC CONTRACT, YOU ARE CONSENTING TO BE BOUND BY THIS MASTER SERVICE AGREEMENT ALONG WITH THE VARIOUS EXHIBITS ATTACHED TO THE MASTER SERVICE AGREEMENT.
IMPORTANT - PLEASE ENSURE THAT YOU READ AND UNDERSTAND CAREFULLY ALL THE PROVISIONS OF THIS MASTER SERVICE AGREEMENT AND EXHIBITS BEFORE YOU START USING THE PORTAL, AS YOU SHALL BE BOUND BY ALL THE TERMS HEREIN UPON CLICKING ON THE “ACCEPT & CONTINUE” BUTTON ON THIS ELECTRONIC CONTRACT. IF YOU DO NOT ACCEPT ANY OF THE TERMS CONTAINED HEREIN, THEN PLEASE DO NOT USE THE PORTAL OR AVAIL ANY OF THE SERVICES BEING PROVIDED THEREIN. YOUR AGREEMENT TO THE MASTER SERVICE AGREEMENT SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND TRANSPORTER IN RESPECT OF THE SERVICES OF THE PORTAL.
THE COMPANY IS A TECHNOLOGY COMPANY THAT DOES NOT PROVIDE OR ENGAGE IN TRANSPORTATION SERVICES AND THE COMPANY IS NOT A TRANSPORTATION PROVIDER. THE SOFTWARE AND THE APPLICATION ARE INTENDED TO BE USED FOR FACILITATING YOU (AS A TRANSPORTATION PROVIDER) TO OFFER YOUR TRANSPORTATION SERVICES TO YOUR PASSENGER OR CUSTOMER. THE COMPANY IS NOT RESPONSIBLE OR SHALL BE LIABLE FOR THE ACTS AND/OR OMISSIONS OF ANY SERVICES YOU MAY HAVE PROVIDED TO YOUR PASSENGERS, AND FOR ANY ILLEGAL ACTS OR ACTION COMMITTED BY YOU. YOU SHALL, AT ALL MATERIAL TIME, NOT CLAIM OR CAUSE ANY PERSON TO MISUNDERSTAND THAT YOU ARE THE AGENT, EMPLOYEE OR STAFF OF THE COMPANY, AND THE SERVICES PROVIDED BY YOU IS NOT, IN ANYWAY, BE DEEMED AS SERVICES OF THE COMPANY.
YOU ARE FORBIDDEN FROM PROMOTING COMPETITORS’ APPLICATIONS, GIVING OUT COUPONS AND SUGGESTING ANY OTHER FORM OF DISCOUNTS TO THE PASSENGERS OR CUSTOMERS. YOU ARE STRICTLY FORBIDDEN TO USE THE SERVICE FOR SUCH OTHER PURPOSE SUCH AS BUT NOT LIMITED TO DATA MINING OF THE COMPANY’S INFORMATION OR INFORMATION RELATED TO THE APPLICATION OR THE SERVICE. A BREACH HEREOF CONSTITUTES A GRAVE OFFENCE AND MAY BE TREATED AS INDUSTRIAL ESPIONAGE OR SABOTAGE, AND THE COMPANY RESERVES THE RIGHT TO TAKE SUCH ACTION AS MAY BE APPROPRIATE OR PERMITTED UNDER THE LAWS AGAINST YOU, AND/OR ANY PERSON, WHETHER NATURAL OR ARTIFICIAL, DIRECTING OR INSTRUCTING YOU, IN THE EVENT YOU MISUSE THE SERVICE OTHER THAN FOR THE PURPOSE FOR WHICH IT IS INTENDED TO BE USED.
This Master Service Agreement (hereinafter referred to as the said “Agreement”) is made and entered on this day of 2019
CABCAR SDN BHD (CR NO: 1311646P), a company limited by shares and registered under the Companies Act, 2016 and having its business address at NO. 38, JALAN SS15/4B, 47500 SUBANG JAYA, SELANGOR DARUL EHSAN (hereinafter referred to as “TRANSPORTER” which expression shall mean and include its representatives, successors- in–office, affiliates and assigns) on the ONE PART;
A transport service provider who may be a Company operating taxi, which provides vehicles on hire and are desirous of listing itself and its fleet of vehicles on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through the Vehicle(s) to the users of Portal.
The transport service provider has represented that the transport service provider fulfils the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of transport services through the Portal.
A transport service provider who is a driver and/or Rider, desirous of listing himself/herself and his/her vehicle on the Portal, details of which are provided in Exhibit A (“Vehicle(s)”), so as to provide transportation services through his/her Vehicle(s) to the users of Portal. The transport service provider has represented that the transport service provider fulfils the eligibility criteria annexed hereto as Exhibit D and is in compliance with all applicable laws for the provision of transport services through the application known as Portal (hereinafter referred to as the “Transport Service Provider”) of the OTHER PART.
TRANSPORTER and the Transport Service Provider shall hereinafter individually be referred to as “Party” and collectively as “Parties”.
Exhibits ‘A’, ‘B’, ‘C’ and ‘D’ are collectively referred to as ‘Exhibits’.
WHEREAS CABCAR owns and operates an online market place called “TRANSPORTER” an online booking platform, and any upgrades from time to time and any other software that enables the use of the application or such other URL as may be specifically provided by TRANSPORTER (hereinafter referred to as the said “Portal”) that lists and aggregates the TRANSPORTER service providers as registered with it.
AND WHEREAS on the basis of the representations and warranties provided by the Transport Service Provider, TRANSPORTER has agreed to list the Transport Service Provider and the Vehicle(s) on the Portal application (“TRANSPORTER”) to enable the Transport Service Provider to provide transport services (“Services”) through the ‘TRANSPORTER’ application in accordance with the terms and conditions as hereinafter provided.
NOW THEREFORE THE PARTIES HERETO AGREE AS FOLLOWS
All of the defined and capitalized terms in these User Terms will have the meaning assigned to them here below:
For registration on the Application, the device of such model and functionality as may be specified and notified by TRANSPORTER to the Transport Service Provider, more specifically set out under the Commercial Term Segment in Exhibit C, may be either provided by TRANSPORTER or the Transport Service Provider may bring his own device. The Transport Service Provider hereby agrees that TRANSPORTER Device or Non-TRANSPORTER Device (both the terms defined hereunder), as the case may be, shall be switched on during the performance of the Service without being any exceptions whatsoever. The provisions relating to TRANSPORTER Device / Non-TRANSPORTER Device shall be as set out below: -
The Transport Service Provider acknowledges that pursuant to this Agreement, the Transport Service Provider will have access to confidential information of TRANSPORTER and its affiliates, which has been provided by TRANSPORTER. The Transport Service Provider undertakes to keep confidential all data and other confidential information of TRANSPORTER and shall not sell or otherwise make that information available to any third party. Confidential information shall mean and include all information, whether verbal or written, disclosed to the Transport Service Provider by TRANSPORTER or Portal users, as the case may be, but not be limited to Portal users details (i.e., Personal Information and sensitive personal information as defined under the Personal Data Protection Act 2010), phone numbers, market information, all work products and documents related thereto, the contents of the Application/ Portal or any other information, whether provided orally or in writing, received or to be received by the Transport Service Provider. Further, the Confidential Information at no times can be disclosed to any party in the same or similar business as that of TRANSPORTER (“Competitor”). In the event, TRANSPORTER becomes aware that the Confidential Information has been disclosed to a Competitor or has been used for the benefit/interest of the Competitor, TRANSPORTER can claim such direct and indirect damages as it may suffer due to such losses.
*Complete details on the TRANSPORTER Registration Page at (website) **In case of operator attachments, for Part I) and Part II (B), please provide information / documents of all the Vehicles / drivers proposed to be used for Transport Services. ***The Exhibit A is not applicable to the existing Transport Service Providers; whose information / documents are already available with TRANSPORTER. Provided that if any information /document listed in the Exhibit A was not provided by the existing Transport Service Provider at the time of attachment to TRANSPORTER Portal, the Transport Service Provider shall contact the nearest TRANSPORTER attachment offices and submit such information / documents to RANSPORTER.
These Terms and Conditions (as defined) shall be applicable as set out below-
All of the defined and capitalized terms in these Driver and/or Rider T&C will have the meaning assigned to them herein below. Any term not defined here shall have the meaning assigned to it in the Subscription Agreement.
“Acceptance” means your affirmative action of clicking on the box against the words
“ACCEPT & CONTINUE” provided at the end of these Driver and/or Rider T&C, by which action, you unequivocally accept the Driver and/or Rider T&C and any modifications thereof.
“Account” refers to the account created by TRANSPORTER at its sole discretion, for the Driver and/or Rider subsequent to the Driver and/or Rider submitting and TRANSPORTER verifying the Registration Data
“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of the legislature or the Parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any Governmental authority, tribunal, board, or a court, in Malaysia.
“Booking” shall mean the allotted Service Request.
“Business Day” means a day on which banks are open for business in the City of Operation.
“TRANSPORTER” or “We” Or “Us” or “Our” shall mean CABCAR Sdn Bhd, a Private Limited, a company incorporated under the Companies Act 2016, and having its business office NO. 38, JALAN SS15/4B, 47500 SUBANG JAYA, SELANGOR DARUL EHSAN which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assigns.
“TRANSPORTER shall mean a proprietary in-car and cloud technology platform owned Play” and operated by TRANSPORTER, which is intended to provide a fully connected interactive experience to the Customer.
“policies Policies” (including ay amendments thereof), which TRANSPORTER may issue and make applicable to Driver and/or Rider from time to time and make available to the Driver and/or Rider on the Driver’s and/or Rider request.
“Cancellation Fee” shall mean the fare payable by the Customer towards cancellation of a Booking made by a Customer.
“City of Operation” shall mean the city in which the Subscription Agreement is executed by and between the Driver and/or Rider and TRANSPORTER.
“Commercial Term Segment” shall mean Exhibit C of the Subscription Agreement, which contains the commercial terms for Service provided by the Drivers and/or Rider.
“Content” shall have the meaning given to it in 7.1.
“Convenience Fee” shall mean the fee payable by the Customer for availing the technology services offered by TRANSPORTER. Convenience Fee will be charged for each Service Request placed by the Customer on the Portal.
“Despatch” shall include any legal documents, keys, boxes (until medium size), clothes and or anything that is deemed reasonable items
“Device” shall mean TRANSPORTER Device or Non-TRANSPORTER Device, as the case may be, used for performance of the Services.
“Driver” or “You” or “Your” or “Yourself” shall mean an individual, who has an Account with TRANSPORTER and in the event of Operator Drivers, shall include the Operator Drivers for purposes of compliance with these Terms and Conditions.
“Driver App” means the electronic interface on the TRANSPORTER Portal from where the Driver’s and/or Rider Account is accessible to the Driver and/or Rider. Login credentials (User ID and Password) for the Driver/Rider App shall be provided by TRANSPORTER.
“Driver Proceeds” shall mean the net amount receivable by the Driver and/or Rider after deduction of TRANSPORTER’s commission and such other amounts as may be provided in the Commercial Terms Segment or notified otherwise.
“Fare” shall mean the Fare payable to the Transport Service Provider as is also reflected on the Device after completion of the Service. The Driver and/or Rider permits TRANSPORTER to review and revise the Fare as per the market conditions.
“Force Majeure” shall have the meaning given to in Clause 16.4.
“Information” shall mean the details furnished by the Driver and/or Rider at the time of signing the Master Service Agreement and/or otherwise during and after the Drivers and/or Rider registration on the Driver/Rider App on the Portal and successful creation of an Account.
“Operator” shall mean a transport service provider who has listed himself / itself and his / its fleet of vehicles on the Portal to provide Services to the Customers through the Drivers and/or Rider employed by the Operator.
“Operator Drivers” shall mean the Drivers employed by the Operator for providing Services to the Customers.
operator riders” shall mean the Riders employed by the Operator for providing Services to the Customers
“Parties” shall mean, collectively, the Driver and/or Rider and TRANSPORTER and “Party” shall refer to any one of them.
“Portal” shall mean such features of the TRANSPORTER mobile application or other programs, software, mobile applications including but not limited to TRANSPORTER Play, TRANSPORTER Tunes and Driver App, owned by, licensed to and controlled by TRANSPORTER, and other URLs as may be specified by TRANSPORTER from time to Time.
“Posted Content” shall have the meaning given to in Clause 7.4.
“Rider” shall mean an individual, who has an Account with TRANSPORTER and in the event of Riders, shall include the Operator Riders for purposes of compliance with these Terms and Conditions
“Service” means the service of picking a Customer from the pick-up point as prompted on the Device and dropping the Customer at the drop point entered by the Customer at the time of placing his / her Service Request and accepted by the Driver. The services shall also include despatch of documents for any customers.
“Transport service Provider” shall mean the driver and rider
“Total Ride Fee” shall include the Fare, the Convenience Fee, Additional Fee (if any) and the Cancellation Fee (if any), reflected on the Device and such other fee, as may be applicable.
“Service Request” means a request placed by the Customer on the Portal to avail the Service as defined herein under offered by the Driver and/or riders.
“Subscription Agreement” shall mean the agreement entered into between TRANSPORTER and the Driver and/or rider / Operator pursuant to which the Driver and/or riders / Operator has agreed to provide transport Services in accordance with these Driver T&C, as amended from time to time.
“Subscription Amount” shall mean the amount paid by the Driver and/or riders at the time of subscription to Portal of TRANSPORTER, if any.
“Transporter” shall mean the portal in which the drivers and/or riders can register their application to be a transport provider.
“Term” means the period commencing from the date of acceptance of the Driver T&C by the Driver and/or riders up to the date of termination of the Subscription Agreement and/or these Driver and/or rider T&C.
“Terms and Conditions” or “Driver T&C” refers to these Driver and/or rider T&C which are available at the Portal, as may be amended from time to time.
“Vehicle” shall mean ‘Motorcabs’ or motorbikes as defined under the Road Transport Act 1987
“Wallet” shall mean the prepaid payment instruments available for payments in the TRANSPORTER Portal.
“Zero Tolerance Policy” shall mean the policy of TRANSPORTER as detailed under the Annexure to these Driver and/or rider T&C, as may be amended from time to time.
Driver and/or Rider will strictly follow ZERO TOLERANCE policy which shall be subject to change and any changes shall be intimated to the Driver and/or Rider from time to time via SMS or e-mail. ZERO TOLERANCE policy is mentioned
Breach/Fine Consequences: AS INFORMED BY TRANSPORTER FROM TIME TO TIME
Details of the following commercial terms will be informed by TRANSPORTER from time to time:
Description of Commercial Terms
1. Transport Service Provider Device Model & Serial No.
2. Platform Subscription Fees for the use of TRANSPORTER technology platform (RM)
4. Commission Payable to TRANSPORTER (Percentage)
5. Commission Payable to TRANSPORTER (Percentage) for TRANSPORTER Share Rides (if applicable)
6. Security Deposit for TRANSPORTER Device
To be informed by TRANSPORTER from time to time.